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HB 1247

requiring the secretary of state to create, post on the secretary of state's website, and otherwise distribute notice of proposed constitutional amendments.

2026 Regular Session Introduced by Claudine Burnham and 4 co-sponsors

Schools must create and enforce safety plans protecting student victims when a fellow student is convicted of a sexual offense, including possible transfers or expulsions.

Signed by Governor Ayotte 05/28/2026; Chapter 91; eff. 07/27/2026
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Bill Summary · HB 1247

Summary — HB 1247 (North Dakota)

Title: Student sexual offense — Victim protection (new section to NDCC chapter 15.1‑19)
Status: Enacted — filed with Secretary of State 04/23/2025 (House and Senate passed unanimously per enrollment record)

Purpose

To require schools to develop and implement safety plans to protect student victims when a student enrolled in the same school has been adjudicated or convicted of a sexual offense against that victim. The measure prioritizes victim safety, sets specific school responses, and establishes information‑sharing from courts/prosecutors to school officials.

Key definitions

  • Responsible student: a student enrolled in the school who is a juvenile adjudicated delinquent or an adult convicted of committing a sexual offense against another student enrolled in the same school.
  • Sexual offense: an offense under chapter 12.1‑20 for which “sexual act” or “sexual contact” is an element (including specified sections of 12.1‑20 cited in the bill).

Main provisions

  • Schools must develop a safety plan for any responsible student enrolled in the same school as the victim. Safety plans may include:
    • Consideration of the victim’s input.
    • No contact between the responsible student and the victim.
    • Proper physical separation in school buildings and during educational activities.
    • Transfers to another school or building within the district.
    • Transfer to an alternative education program (may include virtual education if properly supervised).
    • Holding an expulsion hearing that provides the responsible student procedural due process in accordance with NDCC §15.1‑19‑09. For misdemeanor offenses, school administrators must review whether an expulsion hearing is warranted before holding one.
    • Scheduled reviews to assess and adjust the safety plan.
    • Other measures school administration deems appropriate to ensure the victim’s safety.
  • Duration of separation under the safety plan must be determined based on factors including:
    • The victim’s input and well‑being;
    • Responsible student’s age at adjudication/conviction;
    • Nature/severity of the offense;
    • Responsible student’s compliance with recommended intervention programs;
    • Input from guardians, child‑welfare and mental‑health professionals, and legal representatives; and other appropriate factors.
  • Victims or their guardians may request review, modification, or removal of restrictions in the safety plan.
  • Notification to schools: upon adjudication/conviction, the juvenile court (for juvenile cases) or the state’s attorney (for adult cases) must provide the superintendent or designee with a copy of the order of disposition or judgment and, with victim consent, the victim’s name. Records provided under this section are confidential under NDCC §27‑20.2‑21.

Who is affected

  • Student victims and their guardians (enhanced protections and rights to input/review).
  • Responsible students (discipline options, possible transfer/expulsion, alternative education).
  • School districts, superintendents, and school administrators (must create, implement, review safety plans and coordinate with courts/prosecutors).
  • Juvenile courts and state’s attorneys (notification obligations).

Procedural/timeline notes and impacts

  • Expulsion hearings must follow the due‑process timing and procedures already set in NDCC §15.1‑19‑09; for misdemeanors an administrator review is required prior to an expulsion hearing.
  • The bill creates an ongoing administrative duty for schools to develop, monitor, and periodically review safety plans and to coordinate with judicial/prosecutorial offices; no fiscal estimate is included in the bill text. Implementation will require staff time and coordination but no explicit funding.

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

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