Text of SD SB 190 (2026)

26.713.9 101st Legislative Session 190 2026 South Dakota Legislature Senate Bill 190 Introduced by: Senator Grove Underscores indicate new language. Overstrikes indicate deleted language. An Act to provide for the rights of a parent. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 26: 3 A state agency or any political subdivision of this state may not substantially 4 burden the right of a parent to direct the upbringing, education, health care, and mental 5 health of the parent's minor child, without demonstrating that the burden imposed on the 6 parent is required by a compelling governmental interest and is the least restrictive means 7 for furthering that compelling governmental interest. 8 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 26: 9 A parent has the right to: 10 (1) Direct the upbringing of the parent's minor child; 11 (2) Direct the moral and religious training of the parent's minor child; 12 (3) Except as otherwise provided in section 5 of this Act, make and consent to all 13 physical and mental health care decisions for the parent's minor child; 14 (4) Access and review all medical records of the parent's minor child; 15 (5) Direct the education of the parent's minor child; 16 (6) Access and review all written and electronic educational records relating to the 17 parent's minor child, which are in the possession of a school; 18 (7) Have the parent's minor child excused from school attendance for religious 19 purposes; 20 (8) Participate in parent-teacher organizations and other school organizations 21 sanctioned by the board of a school district; 22 (9) Be notified promptly if an employee of the state reasonably believes that abuse, 23 neglect, or other criminal offense has been committed against the parent's minor 24 26.713.9 2 190 Underscores indicate new language. Overstrikes indicate deleted language. child by someone other than the parent, unless doing so would interfere with a 1 criminal or other investigation; 2 (10) Consent before a biometric scan of the parent's minor child is performed, shared, 3 or stored; 4 (11) Consent before any record of the blood or deoxyribonucleic acid of the parent's 5 minor child is created, stored, or shared, unless authorized pursuant to a court 6 order; and 7 (12) Consent before any state agency or political subdivision of this state makes a video 8 or audio recording of the minor child, unless the video or audio recording is made 9 as part of: 10 (a) A court proceeding; 11 (b) A law enforcement investigation; 12 (c) An interview conducted as part of a criminal or other investigation; 13 (d) A surveillance or other security system; 14 (e) A photographic identification card; or 15 (f) A public event where the minor child has no reasonable expectation of 16 privacy. 17 Nothing in this section may be construed to permit a parent to abuse or neglect 18 the parent's minor child, as defined in § 26-8A-2, or to end the life of the parent's minor 19 child. 20 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 26: 21 No employee of this state or a political subdivision of the state, except for a law 22 enforcement officer in the conduct of a criminal investigation, may encourage or coerce a 23 minor child to withhold information from the minor child's parent. Except as otherwise 24 provided by law, no employee of this state may withhold from a minor child's parent 25 information that is relevant to the physical, emotional, or mental health of the parent's 26 minor child. 27 Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 26: 28 A person, private entity, state agency, political subdivision of this state, or 29 employee of a state agency or political subdivision must obtain the consent of a minor 30 child's parent before: 31 (1) Procuring, soliciting, arranging, providing a referral for, or performing: 32 (a) A surgical procedure upon the minor child; 33 26.713.9 3 190 Underscores indicate new language. Overstrikes indicate deleted language. (b) A medical examination of the minor child; 1 (c) A mental health evaluation, in a clinical or nonclinical setting, of the minor 2 child; or 3 (d) Any mental health treatment for the minor child; or 4 (2) Prescribing or dispensing any prescription medication to the minor child. 5 A parent may provide a person, entity, state agency, political subdivision of this 6 state, or employee of a state agency or political subdivision blanket consent to perform 7 an action requiring consent, pursuant to this section. 8 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 26: 9 Notwithstanding the requirements of section 4 of this Act, any person, private 10 entity, state agency, political subdivision of this state, or employee of a state agency or 11 political subdivision may perform any of the actions, listed in section 4 of this Act, to a 12 minor child without the consent of the minor child's parent if: 13 (1) It is not possible to communicate with the minor child's parent in order to receive 14 the parent's consent; and 15 (2) It is necessary to act to prevent: 16 (a) Imminent, irreparable physical injury to the minor child; or 17 (b) The minor child's death. 18 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 26: 19 The board of a school district, shall, in consultation with parents, teachers, and 20 administrators, adopt a policy to promote the involvement of parents of minor children 21 enrolled in the school district. The policy must include: 22 (1) A plan for parent participation in the school to improve parent and teacher 23 cooperation in areas of homework, attendance, and discipline; and 24 (2) The process by which a parent: 25 (a) Reviews the curriculum offered to the parent's minor child or is otherwise 26 informed about the course of study provided to the parent's minor child; 27 (b) May learn about the nature and purpose of clubs or other extracurricular 28 activities that have been approved by the school; 29 (c) Withdraws the parent's minor child from a school club or extracurricular 30 activity; 31 (d) Is notified of any instruction in or presentation on the topics of gender roles, 32 gender identity, gender expression, or sexual orientation; 33 26.713.9 4 190 Underscores indicate new language. Overstrikes indicate deleted language. (e) Provides consent to having the parent's minor child receive instruction in or 1 attends a presentation on the topics of gender roles, gender identity, gender 2 expression, or sexual orientation; 3 (f) May object to any specific instruction or presentation provided to the 4 parent's minor child; 5 (g) May withdraw the parent's minor child from any specific instruction or 6 presentation if the parent considers the instruction or presentation harmful 7 to the parent's minor child; and 8 (h) Provides consent before the parent's minor child may use a name or 9 nickname other than the minor child's legal name or a derivative or 10 diminutive of the minor child's legal name. 11 Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 26: 12 A school district shall allow the parent of a minor child enrolled in the school district 13 to access all written and electronic records concerning the parent's minor child that are in 14 the possession of the school district, a district employee, or other person hired, contracted, 15 or authorized by the school district to provide services to the parent's minor child. 16 Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 26: 17 An employee of a school district may not withhold or conceal information from or 18 facilitate, encourage, or coerce a minor child to withhold or conceal information from, the 19 minor child's parent about the minor child's: 20 (1) Curricular or extracurricular projects, assignments, or activities; 21 (2) Physical, emotional, or mental health; or 22 (3) Purported gender identity or requested transition, provided that the purported 23 gender identity is incongruous with the minor child's biological sex. 24 Section 9. That a NEW SECTION be added to a NEW CHAPTER in title 26: 25 A parent may submit a written complaint to the board of a school district, detailing 26 any violation of sections 6 to 8, inclusive, of this Act. The parent is entitled to a meeting 27 with the superintendent of the school district to discuss the complaint. The superintendent 28 shall investigate the complaint and respond to the parent in writing within fourteen days 29 of receiving the complaint. The response provided by the superintendent must describe 30 the actions that the district is to take in order to remedy the parent's complaint. 31 26.713.9 5 190 Underscores indicate new language. Overstrikes indicate deleted language. A parent may appeal the actions of the superintendent to the board of the school 1 district by submitting a written complaint detailing the violation of sections 6 to 8, inclusive 2 of this Act and a description of how the actions taken by the superintendent failed to 3 resolve the complaint. The board shall investigate the complaint and shall meet with the 4 parent to discuss the complaint. The board shall adopt a plan of action to remedy the 5 complaint at the first meeting of the board following receipt of the complaint. 6 If the board's plan of action does not remedy the parent's complaint, the parent 7 may file suit and assert a violation of sections 6 to 8, inclusive, of this Act as a claim 8 against the school district. A parent who successfully asserts a claim or defense under this 9 section may recover declaratory relief, injunctive relief, liquidated damages of five 10 thousand dollars per violation, reasonable attorneys' fees and costs, and any other 11 appropriate relief. 12 Section 10. That a NEW SECTION be added to a NEW CHAPTER in title 26: 13 A parent may bring suit for a violation of this chapter and may raise this chapter 14 as a defense in any judicial or administrative proceeding, without regard to whether the 15 proceeding is brought by or in the name of the state, a private person, or other party. 16 A parent who successfully asserts a claim or defense under this chapter may 17 recover declaratory relief, injunctive relief, compensatory damages, reasonable attorneys' 18 fees and costs, and any other appropriate relief. 19 A state agency or political subdivision of this state shall indemnify the employees 20 of the state or political subdivision for any liability incurred by the employee and for any 21 judgement entered against the employee for claims arising under this chapter. A state 22 agency or political subdivision of this state is not required to indemnify an employee if the 23 employee was convicted of a criminal violation for the conduct from which the claim arises. 24