South Dakota House Bill HB1012

South Dakota 2022 Regular Session

• Introduced: 1/11/22
• Refer: 1/14/22
• Report Pass: 2/9/22
• Engrossed: 2/15/22
• Refer: 2/16/22
• Report Pass: 3/1/22
• Enrolled: 3/7/22
• Passed: 3/28/22

Caption

Protect students and employees at institutions of higher education from divisive concepts.

Impact

This bill could have significant implications for educational practices within the state's colleges and universities. It restricts the ability of these institutions to mandate participation in trainings that discuss or promote any of the listed divisive concepts. Proponents argue that this protects individuals’ rights and fosters a more inclusive environment free from mandatory teachings on controversial topics; however, critics raise concerns that this may limit the necessary discussions around diversity, equity, and inclusion in educational settings, ultimately affecting the critical discourse essential for preparing students in a diverse society.

Summary

House Bill 1012 is designed to protect students and employees at institutions of higher education in South Dakota from what it terms 'divisive concepts'. The bill specifically prohibits the Board of Regents and the Board of Technical Education from compelling students or employees to affirm or adhere to divisive ideologies, which the legislation broadly defines. The aim is to ensure that no individual is discriminated against or subjected to discomfort as a result of their race, color, religion, sex, ethnicity, or national origin during educational or employment training sessions, thus promoting an environment of academic freedom and intellectual diversity.

Sentiment

The sentiment surrounding HB 1012 has been mixed. Supporters, mainly from the conservative faction, view the bill as a necessary measure to safeguard individuals from ideological coercion and unfair treatment within educational frameworks. Conversely, opponents express concerns that the bill may dismiss the significant and often painful histories of various racial and ethnic groups by prohibiting educational discussions on these subjects. This polarization reflects broader national debates regarding issues of race, gender, and equity in education.

Contention

Notably, there are significant points of contention regarding the interpretation of what constitutes divisive concepts. The vagueness of the term may lead to varying interpretations and applications, potentially creating challenges for educational institutions aiming to comply with the law while also fostering an inclusive environment. Additionally, the restriction on training programs could hinder institutions' ability to adequately prepare students for real-world interactions with diverse populations, raising questions about the long-term impacts on both educational outcomes and social cohesion.