Information and Talking Points on ND House Bill 1144

HB 1144 seeks to amend law enacted in 2023 that prohibits policies regarding mandating or prohibiting use of preferred pronouns for state employees and students in public schools. The law mandates that students use restrooms corresponding to their biological sex. It also prohibits schools from adopting policies concerning a student's transgender status without parental or legal guardian approval and prohibits schools from withholding or concealing information about a student's transgender status from parents or legal guardians.

HB 1144 does not change any existing law, but rather seeks to add a mechanism to enforce the law and includes new prohibitions regarding the design of restrooms in schools.

The merits of the existing law are not being debated during this legislative session. When providing testimony, it is important to focus on opposition to the bill at hand. Below is information summarizing concerns about the bill. At the very end there are related media stories, including one about the cost to one school district if passed.

General Opposition to HB 1144

  • HB 1144 is a politically motivated bill that prioritizes culture wars over actual student safety.

  • The bill removes schools’ ability to implement modern restroom designs that improve privacy and security for all students.

  • The true intent of HB 1144 is to stigmatize transgender students, but in doing so, it harms all students by eliminating safer and more efficient restroom solutions.

Restroom Design and Safety

  • Modern restroom designs, including single-occupancy stalls and communal handwashing stations, enhance student safety by reducing bullying and misconduct.

  • Schools have already implemented safer restroom solutions that prevent harassment and ensure privacy for every student, regardless of gender identity.

  • Forces schools into costly restroom designs.  Many schools in ND currently have modern restroom layouts and will have to do major renovations if HB 1144 passes- at taxpayers' expense.

  • The bill requires outdated restroom designs that create more opportunities for bullying, vandalism, and other misconduct.

Financial and Practical Consequences

  • HB 1144 forces schools into costly and inefficient restroom designs by banning shared handwashing stations.

  • Shared handwashing stations reduce plumbing and maintenance costs while improving monitoring and student hygiene.

  • The bill removes cost-effective and student-centered restroom solutions, putting financial strain on schools without any real benefit.

Impact on Monitoring and Bullying Prevention

  • The bill eliminates restroom designs that allow for increased supervision in common areas, increasing the risk of bullying.

  • An alternative proposed single-occupancy bathroom design, featuring floor-to-ceiling walls and full-sized doors, maximizes privacy while allowing for administrative oversight in public areas.

  • The design eliminates hidden spaces where misconduct occurs and allows for staff to monitor shared areas effectively.

Legal and Ethical Concerns

  • HB 1144 forces schools to make restroom changes that may not comply with current best practices for safety and privacy.

  • The bill prohibits schools from adopting policies that recognize and respect students' gender identities, restricting local decision-making.

  • It places schools and teachers in a position where they may be legally penalized for respecting students' rights and identities.

Negative Impact of the Complaint Mechanism

  • HB 1144 allows parents to file complaints with the Attorney General against schools or teachers who do not comply, creating a hostile and litigious environment in education.

  • This provision pressures teachers and administrators to act as gender enforcers rather than educators, diverting attention from academic and safety priorities.

  • The bill opens the door to frivolous or politically motivated complaints, overburdening schools with legal challenges and investigations instead of focusing on student well-being.

  • It undermines trust between students, teachers, and parents by turning personal student matters into legal battles rather than fostering supportive solutions.

  • The financial and legal strain of defending against complaints could force schools to make reactionary policy decisions rather than prioritizing the safety and privacy of students.

  • The risk of civil penalties and investigations could discourage schools from implementing inclusive policies, leaving vulnerable students without necessary protections.

Summary

  • HB 1144 does not enhance student safety—it actively makes schools less secure and more costly to manage.

  • The bill is unnecessary, as schools have already developed restroom solutions that prevent bullying and protect student privacy.

  • Rejecting HB 1144 is the best way to protect all students and allow schools to implement restroom designs that work for their communities.

HB 1144 In the News

Bathroom bill could cost West Fargo schools millions to remodel old and new buildings, InForum.com 2/19/2025

Bathroom bill passed by North Dakota House allows schools to be fined for noncompliance, ND Monitor 2/7/2025

North Dakota House passes bill banning shared gender-neutral bathrooms, sinks, InForum 2/7/2025

Info on Testifying at
Lobby Day 2025

If you’d like to testify on HB 1181 or HB 1144, we’ve provided this information and guidance.

All are welcome to submit written and/or oral testimony. Read on for information on both.

  • If you plan to provide oral testimony, please let Dalton know so we have an idea on how many want to speak. Even oral testimony should be submitted as written testimony so read on…

  • Submit written testimony here for HB 1181 (gender definitions) and HB 1144 (transgender restrooms).

  • We will work to coordinate speakers who are part of the lobby day and we want as as many people to speak who want, but the chair of the committee will likely limit the time.

    • Plan to speak for 2 minutes, making notes helps! However, you are encouraged to say as much as you want in your written submission. To plan two minutes, write out exactly what you want to say and time it (on average, people speak at a rate of around 125 to 150 words per minute). No penalty for going over! But the more concise, direct, and confident you are in your time at the mic will give more time for others to speak their piece to our elected leaders.

  • Never testified before a legislative committee? Here is a brochure that may answer questions and give you guidance.

  • The League of Women Voters has provided an excellent Citizen’s Guide to Lobbying on their website.

    • Pressed for time? Go directly to their 10 minute video on how to submit public testimony! Remember, you can submit written testimony and you don’t have to speak unless you want!

    • Note: there is a virtual option to speak, but often the committee chair will give priority to people in person who have traveled to be there.

  • Also, want some data backed info on the status of LGBTQ+? Check out Faye Seidler’s Data Center! and Faye’s info page on HB 1144.