Printer FriendlyHB 1008 restrict access to certain restrooms and locker rooms in publi...
State of South Dakota
LEGISLATIVE ASSEMBLY, 2016
HOUSE ENGROSSED NO. HB 1008 - 01/27/2016
Introduced by: Representatives Deutsch, Craig, Novstrup (Al), Partridge, Russell,
Schoenbeck, Verchio, and Zikmund and Senators Greenfield (Brock),
Haverly, Holien, Olson, and Otten (Ernie)
FOR AN ACT ENTITLED, An Act to restrict access to certain restrooms and locker rooms in
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.