Printer FriendlyHB 1008 restrict access to certain restrooms and locker rooms in publi...
ENTITLED, An Act to restrict access to certain restrooms and locker rooms in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-24 be amended by adding a NEW SECTION to read:
The term, biological sex, as used in this Act, means the physical condition of being male or
female as determined by a person's chromosomes and anatomy as identified at birth.
Section 2. That the code be amended by adding a NEW SECTION to read:
Every restroom, locker room, and shower room located in a public elementary or secondary
school that is designated for student use and is accessible by multiple students at the same time shall
be designated for and used only by students of the same biological sex. In addition, any public school
student participating in a school sponsored activity off school premises which includes being in a
state of undress in the presence of other students shall use those rooms designated for and used only
by students of the same biological sex.
Section 3. That the code be amended by adding a NEW SECTION to read:
If any student asserts that the student's gender is different from the student's biological sex, and
if the student's parent or guardian consents to that assertion in writing to a public school
administrator, or if the student is an adult or an emancipated minor and makes the assertion in
writing to a public school administrator, the student shall be provided with a reasonable
accommodation. A reasonable accommodation is one that does not impose an undue hardship on a
school district. A reasonable accommodation may not include the use of student restrooms, locker
rooms, or shower rooms designated for use by students of the opposite biological sex if students of
the opposite biological sex are present or could be present. A reasonable accommodation may
include a single-occupancy restroom, a unisex restroom, or the controlled use of a restroom, locker
room, or shower room that is designated for use by faculty. The requirement to provide a reasonable
accommodation pursuant to this section does not apply to any nonpublic school entity.
An Act to restrict access to certain restrooms and locker rooms in public schools.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1008
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1008
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State