South Dakota 2022 Regular Session

South Dakota House Bill HB1005

Introduced
1/11/22  
Refer
1/12/22  
Report Pass
1/31/22  
Engrossed
2/1/22  
Refer
2/2/22  

Caption

Provide for the designated use of public school multi-occupancy rooms and sleeping rooms.

Impact

The introduction of HB 1005 has implications for school district policies and may impact existing state laws regarding gender and facility usage in educational environments. Under this bill, students can seek legal recourse against school districts if they encounter a member of the opposite sex in designated multi-occupancy spaces. The bill also stipulates that school administrators must provide legal representation for any district personnel involved in a lawsuit relating to its implementation, which could result in increased legal costs for schools if challenged.

Summary

House Bill 1005 aims to regulate the designated use of multi-occupancy rooms and shower facilities in public schools, ensuring that such spaces are utilized exclusively by members of the same sex. The bill defines a person's sex based on immutable biological characteristics determined at birth, thereby setting a framework for how school facilities are to be assigned. If students are unable to use these designated facilities, they may request reasonable accommodations, such as access to single-occupancy facilities for showers, changing, and restrooms.

Sentiment

Overall, sentiment around HB 1005 is contentious. Proponents argue that it is essential for safeguarding the privacy and safety of students in school settings by maintaining sex-segregated facilities. However, opponents view it as discriminatory and potentially harmful, fearing that it restricts the rights and accommodations of transgender students who may not fit within the traditional definitions of sex. The bill’s polarizing nature has generated considerable debate among lawmakers, educators, and advocacy groups.

Contention

Debate surrounding HB 1005 highlights significant concerns about local control and educational equity. Critics argue that enforcing rigid definitions may not take into account the complexities of students' identities and could lead to increased stigma and discrimination. Notably, the requirement for a child to file an appeal with the school district if accommodations are refused may also raise concerns about accessibility and fairness in school environments.

Companion Bills

No companion bills found.

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