HB 1247 — AN ACT to create and enact a new section to chapter 15.1-19 of the North Dakota Century Code, relating to protection of a student victim of a sexual offense.

25.0807.02000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 HOUSE BILL NO.

1247 Introduced(Representatives by Representatives D.

Anderson, Steiner, Wolff, VanWinkleVanWinkle) Senators(Senators Myrdal, Wobbema, Paulson, CoryCory) AAN BILLACT for an Act to create and enact a new section to chapter 15.1-19 of the North Dakota Century Code, relating to protection of a student victim of a sexual assault.offense.

Student sexual assaultoffense - Victim protection.

"Convicted"Responsible student" means a student enrolled in a school who is aan juvenile adjudicated delinquentjuvenile or an adult convicted of committing a sexual assaultoffense upon another student enrolled in the same school.

"Sexual assault"offense" means aan nonconsensual offense under chapter 12.1-20 for which "sexual act" or "sexual contact", as defined in section 12.1-20-02, is an element.element and the offenses under sections 12.1-20-05, 12.1-20-05.1, 12.1-20-12.1, 12.1-20-12.2, and 12.1-20-12.3.

A convictedresponsible student enrolled in the same school as the victim of sexual assault shall adhere to a safety plan developed by the school districtwhich providingmay for:include:

NoConsideration contactof with the victim;victim's input.

and b.

ProperNo separationcontact inbetween schoolthe buildingsresponsible student and educationalthe activities.victim.

c.

Holding an expulsion hearing for the responsible student which grants procedural due process to the responsible student as provided by law and within the time period prescribed under section 15.1-19-09.

For a misdemeanor offense, before holding an expulsion hearing, school administration shall review the offense to determine whether an expulsion hearing is warranted.

d.

Transferring a responsible student to an alternative education program, which may include virtual education if the responsible student is properly supervised.

e.

Transferring a responsible student to another school or building within the school district.

f.

Separating the responsible student from the victim at all times in school buildings and educational activities, if transferring the responsible student is not possible.

g.

Scheduled reviews of the safety plan to assess necessary adjustments and ensure continued safety of the victim.

h.

Other measures school administration deems appropriate to ensure the safety of the victim.

AThe school shall developdetermine the duration of a safetyseparation planresulting forfrom athe convictedsafety studentplan thatbased includes:on:

HoldingThe anvictim's expulsioninput hearing for a convicted student that grants procedural due process to the student as provided by law and withinwell-being; the time period prescribed under section 15.1-19-09;

PageH. No.

1B. 25.0807.02000 Sixty-ninth Legislative Assembly b.

TransferringNO. a convicted student to an alternative education program, which may include virtual education;

1247 - PAGE 2 b.

The responsible student's age at the time of adjudication or conviction;

TransferringThe anature convictedand studentseverity toof another school or building within the schooloffense; district;

or d.

SeparatingThe theresponsible convictedstudent's studentcompliance fromwith therecommended victimintervention atprograms; all times in school buildings and educational activities when transferring the convicted student is not possible.

e.

The input of the victim or responsible student's legal guardian or custodian, child welfare and mental health professionals, and legal representatives;

and f.

Other factors school administration deems appropriate.

UponA adjudicationvictim or conviction of a convicted student, the state'svictim's attorneylegal shallguardian provideor thecustodian schoolmay inrequest whicha thereview convicted student is enrolled with notice of the court'ssafety findingsplan, thatincluding aremodification relevantor underremoval thisof section.restrictions.

Page5. No.

2Upon 25.0807.02000adjudication or conviction of a responsible student, the juvenile court in a juvenile case or the state's attorney in an adult case shall provide the superintendent or designee of the school district in which the responsible student is enrolled with a copy of the order of disposition or judgment and, upon consent of the victim, the victim's name.