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HB 1490

requiring scholarship organizations to provide written notice to parents explaining the parents' requirement to provide written notice upon termination of a home education program.

2026 Regular Session Introduced by Claudine Burnham and 3 co-sponsors

ND HB 1490 requires licensed school counselors to be evaluated by a board-approved psychologist before providing solo, one-on-one student services; evaluation valid for 2 years.

Inexpedient to Legislate: MA VV 03/11/2026 HJ 7 P. 19
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Bill Summary · HB 1490

Summary — HB 1490 (North Dakota version)

Note: The identifier “HB 1490” appears for different bills in multiple states in the provided materials. This summary covers the North Dakota bill titled “School counselor — Psychological evaluation — Student safety,” which proposes a new section to chapter 15.1‑13 of the North Dakota Century Code.

Purpose / Intent

The bill is designed to establish a mandatory psychological‑evaluation requirement intended to reduce risk and protect student safety by ensuring school counselors are psychologically fit to provide one‑on‑one services to students without another staff member present.

Key provisions

  • Creates a new section in ND Century Code ch. 15.1‑13 governing school counselors and student safety.
  • Prohibits a licensed school counselor from providing services to a student alone (i.e., without another faculty member present) unless all of the following are satisfied:
    • The counselor has been evaluated by a licensed psychologist who is approved by the licensing board.
    • The licensed psychologist, in their professional opinion, finds the counselor does not have a psychological condition or impairment that renders them unable to safely and effectively provide services to students.
    • The counselor submits documentation of the psychologist’s professional opinion to the board in the manner the board prescribes.
  • The psychological evaluation (and the documentation of its result) satisfies the bill’s requirement for two years from the evaluation date. After two years a new evaluation would be necessary to continue providing solo services.

Who is affected

  • Primary: licensed school counselors in North Dakota who provide one‑on‑one student services.
  • Secondary: public and nonpublic school districts (administration and supervisors), the state licensing board for counselors, and licensed psychologists (who must be approved by the board to perform evaluations).
  • Indirect: students and families (access to counseling services, possible change in how/when counselors meet privately with students).

Implementation details & open items

  • The licensing board must establish approval criteria for psychologists and prescribe the form/manner for documentation submission.
  • The bill does not specify enforcement mechanisms, discipline for noncompliance, or funding for evaluations.
  • No explicit fiscal analysis is included in the bill text; however, potential fiscal/operational impacts include evaluation costs (likely paid by counselors or districts), administrative workload for the board and schools, and possible limitations on private counseling access when evaluations are not current.

Legislative status / timeline

  • Introduced: December 2, 2024.
  • Procedural history shows the bill reached second reading but failed passage on one recorded vote (yeas 18, nays 74).
  • Final disposition recorded: Died in House Committee at sine die adjournment (May 5, 2025).

If you want, I can draft a short fiscal/operational impact memo estimating likely costs and administrative effects on school districts and counselors.

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

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