A BILL for an Act to amend and reenact section 15.1-19-09 of the North Dakota Century Code, relating to the suspension and expulsion of kindergarten through grade twelve students.

69th Legislative Assembly (2025-26) Introduced by Jim Jonas

ND districts could suspend up to 10 days (20 for alt ed) and expel up to 12 months for certain offenses, with due-process hearings and parent participation.

Withdrawn from further consideration

Summary — HB 1439 (North Dakota): Suspension and Expulsion of K–12 Students

Status and timeline
- Introduced: November 21, 2024
- Legislative status: Withdrawn from further consideration (January 17, 2025) — the bill did not advance to enactment.

Purpose
- To amend and reenact North Dakota Century Code § 15.1‑19‑09 to clarify and standardize school district rules and allowable timelines for suspension and expulsion of kindergarten through grade 12 students.

Key provisions (what the bill would have changed)
- Requirement for district rules: The school board must adopt rules governing suspension and expulsion. Expulsion rules must provide for a procedural due‑process hearing in the manner referenced under subsection 2 of § 15.1‑19‑10. A student’s parent or representative must be allowed to participate in the expulsion hearing.
- Short suspensions (general enrollment): A school district may suspend a student for up to 10 days for any of the following: insubordination, habitual indolence, disorderly conduct, or violation of a district weapons policy.
- Alternative education students: A student enrolled in an alternative education program (for which state per‑student payments are available) may be suspended for up to 20 days for the same listed offenses.
- Expulsion authority and limits: A district may expel a student (including alternative‑education enrollees) for up to 12 months for insubordination, habitual indolence, or disorderly conduct — provided the expulsion does not extend beyond the end of the current school year. A student who violates the district’s weapons policy may be expelled for up to 12 months.
- Factors for setting expulsion length: The school district must consider the severity of the infraction, the student’s age, and the student’s disciplinary history in determining expulsion duration.
- Reinstatement review: If a student meets any conditions for reinstatement established by the district, the district may review and reduce the expulsion period.

Who would be affected
- K–12 students in North Dakota (including those in alternative education programs)
- School districts and school boards (policy drafting, hearings, disciplinary enforcement)
- School administrators and staff who carry out suspensions/expulsions
- Parents or guardians (participation rights in expulsion hearings)

Procedural notes and impact
- The bill primarily clarified maximum durations and procedural obligations (board rulemaking and due‑process hearing participation) rather than creating new criminal penalties or funding changes.
- Because the bill was withdrawn early in the session, these proposed changes were not implemented and carry no legal effect. If reintroduced, districts would need to update or adopt policies to align with the statutory language (e.g., notice/hearing processes, suspension timelines, reinstatement procedures).