North Dakota State Profile

NORTH DAKOTA’S STATE OF SEX ED

Current Requirements At Glance – North Dakota schools are required to teach sex education through its health education course. Health education must be in alignment with North Dakota Health Education Content Standards.

Curriculum must be abstinence-based.
Curriculum is not required to include instruction on sexual orientation or gender identity. However, the North Dakota Health Education Content Standards includes discussion of sexual orientation in their definition of sexuality.
Curriculum is not required to include instruction on consent.
North Dakota statute has no standard regarding the ability of parents and guardians to remove their children from sex education instruction.
North Dakota has no regulation regarding medically accurate sex education instruction.

RECENT LEGISLATION SHAPING THE STATE LANDSCAPE

Advocates in North Dakota have faced a continuous uphill battle in advancing sex education since the implementation of the 2012 abstinence-based sex education requirement.

School districts are left to decide what quality of sex education they provide within the guidelines provided through the North Dakota Health Education Content Standards. This type of local control over sex education presents unique challenges that have resulted in glaring disparities regarding the quality of sex education that students receive. Such discretion allows for the implementation of policies and curriculum that stigmatize marginalized youth, such as students of color and LGBTQ youth, and presents further challenges in ensuring that low income districts have access to the resources needed to implement comprehensive sex education. While many schools often reach out to Local Public Health Units, some of which are Title X clinics, to provide sex education, some districts rely entirely on abstinence-only programming. Advocates report that the biggest barrier is a lack of information regarding sex education, largely fueled by misinformation spread by opposition groups such as the Concerned Women of America and the Family Policy Alliance of North Dakota.

Right now, advocates can take action to address these barriers and improve access to sex education for young people in their district. Advocates can contact their schools to determine what topics are missing from sex education curriculum, such as information on sexual orientation and gender identity or consent. Advocates can also ensure that sex education curriculum is culturally responsive to the needs of youth of color and Native youth in particular. Advocates can then vocalize the urgent need for advancing sex education requirements in their community. Advocates are encouraged to take action on pending legislation that seeks to advance or restrict the principles of sex education. For a current overview of pending legislation, see table below. Advocates are encouraged to use the SIECUS Community Action Toolkit to guide local efforts to advance sex education and to reach out to EducateUS to get connected to local advocacy groups.

More on sex ed in North Dakota…

State Law: A Closer Look

As a result of North Dakota Century Code Title 15.1-21-24, beginning July 1, 2012, every school district, both public and non-public, is required to include instruction on abstinence in its health education curriculum. Each school district needs to ensure that the portion of its health curriculum related to sexual health includes instruction pertaining to “the risks associated with adolescent sexual activity and the social, psychological, and physical health gains to be realized by abstaining from sexual activity before and outside of marriage.”

State Standards

The North Dakota Health Education Content Standards, published by the North Dakota Department of Public Instruction, establish benchmarks for health instruction at all grade levels. For example, in grades 3-5, students are expected to be able to “Explain the stages of social, emotional, physical, and mental growth and development in humans from infancy to late adulthood,” including puberty. The standards address “sexual behavior” beginning in grade 6. The alignment of a school district’s health curriculum with the 2018 North Dakota Health Education Content Standards is intended to be used as assurance that schools are in compliance with the law.

State Legislation

State legislative activity related to sex education does not take place in isolation from the broader embroiled political and policy climate. In 2022, a national wave of attacks on the rights of lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQAI+) individuals, attempts to restrict or prohibit instruction on “divisive concepts” such as “Critical Race Theory” (which is not taught in public schools), and efforts to limit access to abortion care and other reproductive healthcare services swept the country in an effort to prevent students from receiving sex education and accessing sexual and reproductive healthcare services. Below are highlights of current legislative activity related to these topics. North Dakota’s 2023 legislative session convenes January 3, 2023.

Title	Description	Status	Legislative Topic	Link / Url
Senate Bill 2231	States that teachers are not required to use student's preferred pronouns, allows public schools to develop policy regarding pronouns provided its made with consultation with parents; requires parental approval for pronoun change	Introduced (2023)	Sexual Orientation and Gender Identity	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0590-03000.pdf
House Concurrent Resolution 3010	Resolution requesting public health agencies and public schools collecting vital health statistics to do so on the basis of biological sex to "protect womens rights"	Passed House (2023)	Sexual Orientation and Gender Identity	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-3027-03000.pdf
Senate Bill 2356	Establishes parents right to attend any extracurricular activity their child is participating in	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-1074-01000.pdf
House Bill 1526	Establishes opt-out for sex education. Prohibits a teacher from addressing the emotional problems of a student but instead shall refer a student with emotional problems to the appropriate counseling services provided by the school. The board of a school district is required to create a process to make instructional materials reviewable and has to get approval from parents for all materials. Requires instructional materials to be objective, balanced, and noninflammatory. Prohibits teaching CRT.	Introduced (2023)	Sex Education	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-1011-03000.pdf
House Bill 1522	Prohibits a board or teacher in a public or private school district from establishing a place, facility, school program, or accommodation catering to a student's perceived or expressed gender, including a preferred gender pronoun, if the perceived or expressed gender is inconsistent with the student's sex. The only accommodation that can be provided is use of a unisex restroom, and can only be provided if the board, school, or teacher obtains written consent from the student's parent or legal guardian.	Passed House (2023)	Sexual Orientation and Gender Identity	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0864-04000.pdf
House Bill 1473	"Prohibits public elementary or secondary schools from allowing a student assigned male at birth from participating on a school-sponsored athletic team that is exclusively for females. In a public school or building on school district premises, a student restroom, locker room, or shower room accessible by multiple students at the same time must be designated for use exclusively for males or exclusively for females. This bill does allow for transgender or gender non conforming students to use single-stall restrooms instead of those consistent with their sex assigned at birth."	Passed House (2023)	Sexual Orientation and Gender Identity	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0498-05000.pdf
House Bill 1403	Prohibits governmental entity from interfering with parental rights	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0565-02000.pdf
Senate Bill 2260	Establishes parental rights, parental involvement in education and parental consent to medical treatment of child	Passed Senate (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0421-03000.pdf
House Bill 1362	Establishes parental rights to conceive, raise, manage, train, educate, and reasonably discipline their child. Declares that the right of a fit, competent parent to raise the parent's child without undue government interference is a fundamental liberty.	Passed House (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0345-02000.pdf
House Bill 1249	Each interscholastic or intramural athletic team or sport sponsored by an institution shall be expressly designated based on biological sex and any team designated for "females," "women," or "girls," shall not be open to any student whose biological sex is male.	Passed House (2023)	Sexual Orientation and Gender Identity	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0569-02000.pdf
Senate Bill 93	Prohibits instruction on divisive concepts in public and charter schools	Introduced (2023)	Racial Equity and Justice	http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb93%20intr.htm&yr=2023&sesstype=RS&i=93
House Bill 1301	Prohibits a health care provider to perform or offer to perform a medical procedure or give medication to a minor to help them transition	Introduced (2023)	Sexual Orientation and Gender Identity	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0376-06000.pdf
Senate Bill 2188	Requires parental consent for healthcare services for minors, establishes parental rights related to education, opt out from sex ed	Failed (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0513-01000.pdf
House Bill 1205	Prohibits public libraries from having sexually explicit materials	Passed House (2023)	Sexually Explicit Materials	https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0407-02000.pdf

Youth Sexual Health Data

Young people are more than their health behaviors and outcomes. While data can be a powerful tool to demonstrate the sex education and sexual health care needs of young people, it is important to be mindful that these behaviors and outcomes are impacted by systemic inequities present in our society that affect an individual’s sexual health and well-being. To learn more about North Dakota’s Youth Risk Behavior Survey (YRBS) results, click here. At the time of publication, 2021 YRBS data has not been made available yet.

North Dakota School Health Profiles Data

In 2022, the Centers for Disease Control and Prevention (CDC) released the 2020 School Health Profiles, which measure school health policies and practices and highlight which health topics were taught in schools across the country. Since the data were collected from self-administered questionnaires completed by schools’ principals and lead health education teachers, the CDC notes that one limitation of the School Health Profiles is bias toward the reporting of more positive policies and practices. In the School Health Profiles, the CDC identifies 22 sexual health education topics as critical for ensuring a young person’s sexual health. Below are key instruction highlights for secondary schools in North Dakota as reported for the 2019–2020 school year.

Reported teaching all 22 critical sexual health education topics

12.4% of North Dakota secondary schools taught students all 22 critical sexual health education topics in a required course in any of grades 6, 7, or 8.
23.4% of North Dakota secondary schools taught students all 22 critical sexual health education topics in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about the benefits of being sexually abstinent

75% of North Dakota secondary schools taught students about the benefits of being sexually abstinent in a required course in any of grades 6, 7, or 8.
72.7% of North Dakota secondary schools taught students about the benefits of being sexually abstinent in a required course in any of grades 9, 10, 11, or 12.

Reported teaching how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy

68.6% of North Dakota secondary schools taught students how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy in a required course in any of grades 6, 7, or 8.
70.7% of North Dakota secondary schools taught students how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy in a required course in any of grades 9, 10, 11, or 12.

Reported teaching how to create and sustain healthy and respectful relationships

73.1% of North Dakota secondary schools taught students how to create and sustain healthy and respectful relationships in a required course in any of grades 6, 7, or 8.
77.7% of North Dakota secondary schools taught students how to create and sustain healthy and respectful relationships in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about preventive care that is necessary to maintain reproductive and sexual health

62.7% of North Dakota secondary schools taught students about preventive care that is necessary to maintain reproductive and sexual health in a required course in any of grades 6, 7, or 8.
70% of North Dakota secondary schools taught students about preventive care that is necessary to maintain reproductive and sexual health in a required course in any of grades 9, 10, 11, or 12.

Reported teaching how to correctly use a condom

17.7% of North Dakota secondary schools taught students how to correctly use a condom in a required course in any of grades 6, 7, or 8.
32.7% of North Dakota secondary schools taught students how to correctly use a condom in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about methods of contraception other than condoms

46.4% of North Dakota secondary schools taught students about methods of contraception other than condoms in a required course in any of grades 6, 7, or 8.
54.9% of North Dakota secondary schools taught students about methods of contraception other than condoms in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about sexual orientation and gender identity

40.9% of North Dakota secondary schools taught students about sexual orientation and gender identity in a required course in any of grades 6, 7, or 8.
50.5% of North Dakota secondary schools taught students about sexual orientation and gender identity in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about how gender roles and stereotypes affect goals, decision making, and relationships

48.7% of North Dakota secondary schools taught students about gender roles and stereotypes in a required course in any of grades 6, 7, or 8.
59% of North Dakota secondary schools taught students about gender roles and stereotypes in a required course in any of grades 9, 10, 11, or 12.

Reported providing curricula or supplementary materials relevant to lesbian, gay, bisexual, transgender, or questioning (LGBTQ) youth

44.7% of North Dakota secondary schools provided students with curricula or supplementary materials that included HIV, STD, or pregnancy prevention information relevant to LGBTQ youth.

Visit the CDC’s School Health Profiles report for additional information on school health policies and practices.

The quality of sex education taught often reflects funding available for sex education programs. To learn more about federal funding streams, click here.

Back to the SIECUS State Profiles

State Profiles