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HB 1328

Increasing funding to schools and families for students not meeting academic standards.

2023-2024 Regular Session Introduced by Skyler Rude and 1 co-sponsor

ND HB1328 tightens juvenile-court referrals: schools must exhaust internal interventions and document attempts before referring most school infractions, with listed exceptions.

By resolution, reintroduced and retained in present status.
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Bill Summary · HB 1328

Summary — HB 1328 (North Dakota)

An Act to amend and reenact section 27-20.4-05.1 (and to amend subsection 7 of section 27-20.3-01) of the North Dakota Century Code — Method of making delinquency referrals to juvenile court.

Purpose / intent

HB 1328 narrows routine juvenile court referrals for school-based infractions and misdemeanors by requiring schools to exhaust internal discipline options and document attempted interventions before referring many incidents to juvenile court. It also clarifies who can be treated as a child's “custodian” and restates law enforcement authorities related to school incidents.

Key changes and provisions

  • Amendments to definitions (27-20.3-01(7)):

    • Expands the statutory definition of “custodian” to explicitly include a public or nonpublic school attended by the child (in addition to persons who stand in loco parentis or those with court-ordered legal custody).

  • Revisions to referral method (27-20.4-05.1):

    • Who may refer: A referral alleging a child committed a delinquent act may be made to juvenile court by a school employee (public or nonpublic) who attends the child or by a law enforcement officer with reasonable grounds and knowledge of the facts.
    • Timing when taken into custody: If a child is taken into custody, the law enforcement officer must send the referral to juvenile court within 24 hours after custody is taken.
    • School-intervention requirement for many school-based incidents:
    • A child who commits an infraction or misdemeanor on school property may not be referred to juvenile court unless school interventions have been unsuccessful.
    • Referrals must include documentation of internal or external consultations showing which interventions or educational approaches were attempted.
    • A school must exhaust all applicable school discipline policies before referral.
    • Specified exceptions (no prior interventions required) — schools may refer immediately for these misdemeanor offenses occurring on school property:
    • Drug-related offenses under Title 19;
    • Offenses against a person under chapters 12.1-17, 12.1-31.2, or 14-07.1;
    • Sex offenses under chapters 12.1-20, 12.1-27.1, 12.1-27.2, or 12.1-29;
    • Any offense involving a firearm, weapon, or dangerous weapon (per § 62.1-01-01).
    • Law enforcement powers clarified/affirmed: officers may investigate school incidents (including probable-cause searches), consult with school staff, refer children as allowed by the section, transport children to lawful locations, take temporary or protective custody under applicable statutes, and act to protect student and school-community safety.

Who is affected

  • Students (particularly those involved in school-based infractions/misdemeanors)
  • Public and nonpublic schools (administrators, counselors, disciplinarians) — increased documentation and requirement to exhaust discipline processes
  • School employees who may make referrals
  • Law enforcement officers who handle school incidents
  • Juvenile courts — likely fewer referrals for minor school misconduct; referrals will include additional documentation for school-attempted interventions

Procedural / timeline aspects

  • If a child is taken into custody, the officer must forward the referral within 24 hours.
  • Schools must document attempted interventions (internal or external consultations) before referring most infractions/misdemeanors to juvenile court.
  • Immediate referral may still occur for the enumerated serious offenses (drug, person/sex offenses, weapons).

Potential impacts / considerations

  • Likely reduction in juvenile-court referrals for lower-level school misconduct and a shift toward school-based discipline and intervention approaches.
  • Additional administrative burden on schools to document interventions and consultations when a referral is made.
  • Juvenile courts may see fewer routine referrals and more complete referral packets that show prior school efforts.
  • Law enforcement roles and authority in addressing serious incidents on school property remain preserved.

Legislative status (North Dakota)

  • Introduced: November 14, 2024.
  • Committee action: adopted amendments by Judiciary Committee (Feb 10, 2025).
  • Enrolled and recorded votes in legislative enrollment documents (House and Senate unanimous recorded votes).
  • Filed with Secretary of State: March 20, 2025 (per enrollment filing).

Note: The bill text and legislative history submitted included multiple unrelated HB 1328 documents from other states and sessions; this summary focuses only on the North Dakota HB 1328 that amends NDCC §§ 27-20.3-01(7) and 27-20.4-05.1.

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

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