An Act to establish requirements for school counseling services.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 13-32:

Before a school counselor provides a direct counseling service to a student for the first time, the school counselor, or another school staff member, must obtain the consent of the student's parent or guardian.

For the purpose of sections 1 and 2 of this Act, “direct counseling service” means an interaction, between a school counselor and a student, pertaining to mental, medical, or emotional health and does not involve career planning or academic discussions.

Section 2. That a NEW SECTION be added to chapter 13-32:

A school counselor, or another school staff member, must notify a student's parent or guardian:

(1) When a direct counseling service is provided to a student;

(2) If a subject is discussed during a direct counseling service that is substantially different from those discussed during previous counseling sessions; and

(3) If questions regarding any of the following topics are discussed with a student during a direct counseling service:

(a) Gender;

(b) Gender confusion;

(c) Gender dysphoria;

(d) Homosexuality; or

(e) Transsexuality.

Section 3. That a NEW SECTION be added to chapter 13-32:

School counselors may not promote the concept that a student is a sex contrary to the student's biological sex at birth.