2019 House Bill 1116 - House Education

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

938B0452   HOUSE EDUCATION ENGROSSED    NO.  HB 1116 -  2/11/2019  

Introduced by:    Representatives Frye-Mueller, Beal, Brunner, Dennert, Goodwin, Howard, Jensen (Kevin), Johnson (Chris), Latterell, Otten (Herman), Peterson (Sue), Pischke, Randolph, Rasmussen, Steele, Weis, and Wiese and Senators DiSanto, Jensen (Phil), Nelson, and Russell
 

        FOR AN ACT ENTITLED, An Act to prohibit the conduct of certain physical examinations or screenings on students in a school district without parental consent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 13-1 be amended by adding a NEW SECTION to read:
    No nonemergency, invasive physical examination or screening may be conducted on any student in any school district without the prior written consent of the student's parent or guardian. The written consent of the parent or guardian shall be obtained by the school district specifically for the particular examination or screening that is being conducted. No parental consent for any nonemergency, invasive physical examination or screening may be included as part of a routine consent form contained in a school handbook and signed annually by parents or guardians at the start of a school year. Parental consent shall be obtained separately and distinctly for each examination or screening conducted.
    For the purposes of this Act, a nonemergency, invasive physical examination or screening

is any medical examination that involves the exposure of private body parts, or any act during the examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening and is:

            (1)    Required as a condition of attendance;
            (2)    Administered by the school and scheduled by the school in advance; and
            (3)    Not necessary to protect the immediate health and safety of the student.
    For the purposes of this Act, a nonemergency, invasive physical examination or screening does not include any dental examination or dental screening.
    Nothing in this section is intended to supersede or modify any provision in 20 U.S.C. ยง 1232h as amended to January 1, 2019.

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