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HB 1491

A BILL for an Act to create and enact a new section to chapter 15.1-06 of the North Dakota Century Code, relating to student eligibility for high school sports and activities.

69th Legislative Assembly (2025-26) Introduced by Todd Beard and 4 co-sponsors

Establishes residency rules for high school sports, allowing passing eligibility based on joint custody moves with defined documents and limiting NDHSAA delays or investigations.

Second reading, failed to pass, yeas 22 nays 71
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WeVote Research Nonpartisan
Bill Summary · HB 1491

HB 1491 — North Dakota (proposed addition to NDCC chapter 15.1‑06)

Status: Second reading — failed to pass (yeas 22, nays 71)
Introduced: December 3, 2024
Primary sponsors (as filed): Reps. Rios, Schauer, Motschenbacher; Sens. Beard, Thomas

Main purpose

To establish a new statutory rule in chapter 15.1‑06 of the North Dakota Century Code clarifying residency evidence and eligibility rules for students participating in high school sports and extracurricular activities, and to limit the North Dakota High School Activities Association’s (NDHSAA) ability to delay or condition eligibility based on student moves between parental residences.

Key provisions

  • Presumption against recruitment: For purposes of determining eligibility, the NDHSAA shall presume that no recruitment or undue influence has occurred.
  • Acceptable residency verification: A parent or guardian may verify a student’s residence in a school district by submitting one of the following to the NDHSAA:
    • current utility bill,
    • financial statement,
    • mortgage, lease, or rental document,
    • government‑issued property tax statement, or
    • government‑issued identification card.
  • Prohibition on requiring proof of vacating prior residence: The NDHSAA may not require evidence that the parent or guardian has vacated their previous residence.
  • Joint custody / moves between parents: If a student’s parent or guardian with joint custody moves the student from one parent’s residence to the other parent’s residence, the student is a resident of the receiving district and becomes eligible to participate in sports and activities upon enrollment. The NDHSAA may not delay or limit eligibility based on the number of times a student moves or transfers between districts.

Who is affected

  • Students and families, especially those who move between parental residences or who transfer school districts.
  • School districts and athletic/activity programs (roster availability, immediate eligibility determinations).
  • The North Dakota High School Activities Association (administrative procedures and investigations).

Potential impacts and considerations

  • Short-term: Easier, faster eligibility for students who change residences between parents; reduced documentation burden for families.
  • Administrative: NDHSAA must accept specified documents and cannot impose additional requirements like proof of vacating a prior home.
  • Policy trade-offs: The statutory presumption against recruitment and limits on investigation may reduce barriers for legitimate transfers but could constrain NDHSAA’s ability to detect improper recruiting or manipulation of residency for competitive advantage.
  • Legal/operational detail: The bill focuses on types of acceptable documents and on residency status in joint‑custody moves; it does not amend other NDHSAA rules beyond these specified constraints.

Procedural note

Although introduced December 3, 2024, the bill failed on second reading by a recorded vote of 22 yeas and 71 nays and did not advance.

Compiled from official sources — confirm details with the bill’s official record.

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