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HB 1222

Requiring coverage for hearing instruments.

2023-2024 Regular Session Introduced by Lisa Callan and 16 co-sponsors

Public schools must offer daily voluntary Pledge of Allegiance with opt-out; immunity shields staff from liability over pledge recitation and Ten Commandments displays.

Effective date 7/23/2023.
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Bill Summary · HB 1222

HB 1222 — North Dakota (Sixty‑ninth Legislative Assembly)

An act to amend and reenact sections 15.1‑09‑33 and 15.1‑19‑03.1 of the North Dakota Century Code — concerning morning recitation of the Pledge of Allegiance and related liability immunity.

Main purpose / intent

HB 1222 requires public school districts to adopt policies ensuring that students are offered the opportunity to voluntarily recite the Pledge of Allegiance at the beginning of each school day, clarifies related rules on student religious speech and a brief period of silence, and provides liability immunity for school officials relating to displays of the Ten Commandments and the pledge recitation.

Key provisions and changes

  • Statutes amended: NDCC §§ 15.1‑09‑33 and 15.1‑19‑03.1 (and in some drafts § 15.1‑09‑33.5 for immunity language).
  • Pledge of Allegiance:
    • Each school district must adopt a policy requiring every school to offer all students the opportunity to voluntarily recite the Pledge of Allegiance at the start of each school day, led by a teacher or one or more students.
    • No student may be required to (1) recite the pledge, (2) stand during its recitation, or (3) salute the American flag.
    • Schools must notify students in writing (for example, in the student handbook or similar publication) that students may be excused from reciting, standing, or saluting.
  • Student religious speech and silence:
    • Reaffirms that students may voluntarily pray aloud or engage in religious speech before, during, or after the school day to the same extent as secular speech.
    • Schools may not impose restrictions on student‑initiated religious speech that are more restrictive than restrictions applied to secular speech.
    • A school board may allow teachers to impose up to one minute of silence for meditation, reflection, or prayer at the beginning of the school day.
  • Immunity from liability (added in bill drafts/engrossed versions):
    • The superintendent of public instruction, school districts, boards, board members, administrators, principals, teachers, and other district personnel are immune from liability for damages resulting from (a) a school’s decision to display the Ten Commandments (in combination with other historical documents) or (b) permitting or requiring recitation of the Pledge of Allegiance under the cited statutes.

Who is affected

  • Public school districts and their governing boards (required to adopt policies).
  • Individual schools, administrators, teachers, and support staff (operational responsibility to offer recitation and provide notice).
  • All public school students and their families (opportunity to participate; explicit right to opt out).
  • Legal exposure for school officials may be reduced by the immunity provision.

Procedural / timeline status

  • Introduced: November 12, 2024.
  • Advanced through the Sixty‑ninth Legislative Assembly (passed both chambers in recorded votes).
  • Filed with the Secretary of State: March 20 (file date noted in legislative records).
  • Variants of the bill circulated during session; final engrossed/enrolled bill contains the requirement to offer pledge recitation and related notice provisions, and an immunity clause appears in engrossed drafts.

Practical impact and considerations

  • Operational impact on districts is limited to adopting or updating written policy and handbook language and providing daily opportunity (minimal administrative burden).
  • The immunity provision seeks to limit lawsuits against districts and personnel over pledge recitation and Ten Commandments displays; it may affect future litigation dynamics.
  • The bill reiterates protections for voluntary student religious speech while maintaining explicit opt‑out protections for students who object to participating.

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

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