South Dakota Bill Regarding Student Privacy (SB 115)

SB 115 would require every changing facility, 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 to 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 would be required to use those rooms designated for and used only by students of the same biological sex.

The bill defines “biological sex” to mean a person’s immutable biological sex as determined by anatomy and genetics existing at the time of birth.

The bill specifies that a person’s original birth certificate may be used as definitive evidence of the person’s biological sex.

Related Legislation

Based on model legislation drafted by Alliance Defending Freedom.

Similar to HB 1008, which passed and was vetoed in 2016.

STATUS

Withdrawn by sponsor.

People

Organizations

• Alliance Defending Freedom — Drafted Model Law