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HB 1164

AN ACT to amend and reenact subdivision a of subsection 5 of section 15.1-32-01 of the North Dakota Century Code, relating to definitions of terms used for special education.

69th Legislative Assembly (2025-26)

ND HB 1164 updates the definition of student with a disability for special education (ages 3–21), clarifying eligible categories and terms with no new programs.

Filed with Secretary Of State 03/24
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Bill Summary · HB 1164

Summary — HB 1164 (North Dakota)

An Act to amend and reenact subdivision a of subsection 5 of section 15.1‑32‑01 of the North Dakota Century Code (definitions used for special education)

Purpose and intent

HB 1164 proposes a targeted amendment to the statutory definition of “student with a disability” used for special education eligibility (NDCC § 15.1‑32‑01). The bill’s stated purpose is to update and clarify the list of disability categories that qualify an individual, age 3 through the year they turn 21, to receive special education and related services.

Key provisions

  • Amends subdivision a of subsection 5 in NDCC § 15.1‑32‑01 (definition of “student with a disability”).
  • Restates the age eligibility: individuals at least 3 years old who have not reached age 21 before August 1 of the year in which they turn 21.
  • Enumerates the qualifying disability categories for special education and related services (as amended):
    1. Intellectual disability
    2. Deaf or hard of hearing (including deafness)
    3. Deaf‑blindness
    4. Speech or language impairment
    5. Visual impairment (including blindness)
    6. Emotional disturbance / emotional disability
    7. Orthopedic impairment
    8. Autism
    9. Traumatic brain injury
    10. Other health impairment
    11. Specific learning disability
  • The amendment is primarily definitional/formatting (clarifying terminology and the statutory list of categories) rather than creating new programmatic requirements.

Who would be affected

  • Students: Children and young adults (ages 3 up to 21 as defined) who may be eligible for special education services.
  • School districts and local education agencies: eligibility determination, Individualized Education Program (IEP) teams, evaluation procedures and recordkeeping.
  • Parents, educators, and special education administrators: clarifies statutory language used in assessments and eligibility decisions.
  • State education agency: oversight and guidance materials may need minor update to reflect revised statutory wording.

Fiscal and operational impact

  • The change is definitional; no direct appropriation or new program created in the text provided. Any impact would likely be administrative (updating guidance, forms, training). No fiscal estimate is provided indicating significant state or local cost.

Procedural status / timeline (as provided)

  • Introduced: November 12, 2024.
  • Referred to State Affairs: March 7, 2025; read first time March 7, 2025.
  • Received from the House / read in Senate and subject to committee actions April 2025.
  • Final listed status: Died in Senate Committee at sine die adjournment (May 5, 2025).

Note: The legislative record excerpts supplied include multiple different measures titled “HB 1164” from other states. This summary pertains only to the North Dakota HB 1164 that amends NDCC § 15.1‑32‑01 (special education definitions).

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

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