Text of SD HB 1177 (2025)

25.1.12 100th Legislative Session 1177 2025 South Dakota Legislature House Bill 1177 Introduced by: Representative Rice Underscores indicate new language. Overstrikes indicate deleted language. An Act to require an employee of a school district, the Board of Regents, or the South 1 Dakota Board of Technical Education to receive permission of a parent or 2 guardian of an unemancipated minor student before addressing the student 3 with a name other than the student's legal name and to prohibit the 4 compulsory use of gendered language inconsistent with sex. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 6 Section 1. That a NEW SECTION be added to chapter 13-1: 7 No employee of a school district or an institution under the control of the Board of 8 Regents or the South Dakota Board of Technical Education, regardless of the scope of the 9 employee's official duties, may without the written permission of the student's parent or 10 guardian knowingly and intentionally address an unemancipated minor student by: 11 (1) A name other than the student's legal name or a derivative thereof; or 12 (2) A student's preferred personal title or pronoun that is inconsistent with the 13 student's sex. 14 For the purposes of this section and sections 2 and 3 of this Act, the term "sex" 15 means the classification of a person as either female or male based on the organization of 16 the body for a specific reproductive role, as indicated by an individual's sex chromosomes, 17 naturally occurring sex hormones, and internal and external genitalia present at birth. 18 Section 2. That a NEW SECTION be added to chapter 13-1: 19 No employee of a school district or an institution under the control of the Board of 20 Regents or the South Dakota Board of Technical Education may be subject to adverse 21 employment action for declining, while acting within the employee's scope of employment, 22 to address an individual using: 23 (1) A name other than the individual's legal name or a derivative thereof; or 24 25.1.12 2 1177 Underscores indicate new language. Overstrikes indicate deleted language. (2) A student's preferred personal title or pronoun that is inconsistent with the 1 individual's sex. 2 An employee who is subject to adverse employment action, by a school district or 3 an institution under the control of the Board of Regents or the South Dakota Board of 4 Technical Education, in violation of this section, may bring a civil action for injunctive 5 relief, monetary damages, reasonable attorney's fees and costs, and any other appropriate 6 relief. Any civil action brought pursuant to this section must be initiated within two years 7 from the date that the violation occurs. 8 Section 3. That a NEW SECTION be added to chapter 13-1: 9 No student enrolled in a school district or institution under the control of the Board 10 of Regents or the South Dakota Board of Technical Education may be subject to 11 disciplinary action for declining to: 12 (1) Identify the student's pronouns; or 13 (2) Address any individual by: 14 (a) A name other than the individual's legal name or a derivative thereof; or 15 (b) A preferred personal title or pronoun that is inconsistent with the 16 classification of the individual's sex. 17 Any student who is subject to disciplinary action by a school district or an institution 18 under the control of the Board of Regents or the South Dakota Board of Technical 19 Education, in violation of this section, may bring a civil action for injunctive relief, 20 monetary damages, reasonable attorney's fees and costs, and any other appropriate relief. 21 Any civil action brought pursuant to this section must be initiated within two years from 22 the date that the violation occurs. 23