South Dakota Bill Restricting Access to School Bathrooms (HB 1008)
This law was last updated on Jan 2, 2019
HB 1008 would require every restroom, 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 the physical condition of being male or female as determined by a person’s chromosomes and anatomy as identified at birth.
The bill states that transgender students who provide written parental consent, would instead be provided with a “reasonable accommodation.” A reasonable accommodation may include a single-occupancy restroom, a unisex restroom, or the controlled use of a restroom, locker room, or shower room that is designated for use by faculty. The bill clarifies, “a reasonable accommodation is one that does not impose an undue hardship on a school district.”
The bill passed the House on January 27, 2016, and the Senate on February 16, 2016. Gov. Dennis Daugaard vetoed the bill on March 1, 1016.