South Dakota 2022 Regular Session

South Dakota House Bill HB1309

Introduced
2/2/22  
Refer
2/4/22  

Caption

Prohibit the use of political litmus tests in education.

Impact

By reshaping educational employment policies, HB 1309 could significantly alter the landscape of hiring and promotion practices within South Dakota's higher education system. It aims to protect individuals from being evaluated on their political or ideological leanings, thus fostering an environment where hiring can be based solely on merit and qualifications. However, its broad definitions raise concerns about its implications on diversity, equity, and inclusivity initiatives historically present in educational settings. Supporters argue it prevents discrimination based on political beliefs, while critics suggest it could undermine efforts to address systemic inequities in education.

Summary

House Bill 1309, introduced by Representative Sue Peterson, aims to prohibit the use of political litmus tests in educational institutions in South Dakota. This legislation seeks to ensure that individuals seeking employment, promotion, or tenure at institutions under the control of the Board of Regents are not compelled to declare personal beliefs or adhere to political ideologies as a condition for their employment. The bill explicitly defines political litmus tests to include actions, beliefs, and statements that promote differential treatment based on ethnicity or race, align with the alleged systemic nature of racism, or pertain to gender identities and other partisan beliefs.

Contention

Debate surrounding HB 1309 has sparked considerable discussion in the legislature, with viewpoints split on the necessity and implications of the bill. Proponents emphasize that it safeguards individual rights against political coercion and promotes a fair hiring process. In contrast, opponents contend that it risks silencing conversations on crucial social issues, specifically those advocating for diversity and awareness of systemic racism. The tension lies in balancing the protection of individual rights with the need for educational institutions to promote inclusive environments, which some argue is essential for addressing inequality.

Companion Bills

No companion bills found.

Previously Filed As

SD SB261

Education; postsecondary educational institutions, local school systems; prohibit the use of political litmus tests

SD HB1046

Relating to prohibiting the use of political tests by public institutions of higher education.

SD HB1033

Relating to prohibiting the use of political tests by governmental entities and certain government contracts.

SD SB1008

Higher education; prohibiting certain test or qualification as a condition of employment or promotion within certain institutions of higher education. Effective date. Emergency.

SD SB1008

Higher education; prohibiting certain test or qualification as a condition of employment or promotion within certain institutions of higher education. Effective date. Emergency.

SD HCR2001

Racial discrimination; public education

SD H0931

Postsecondary Educational Institutions

SD HR282

Expressing that compelled political litmus tests used by public institutions to require individuals to identify with specific ideological views are directly at odds with the principles of academic freedom and free speech and in violation of the First Amendment of the Constitution.

SD AB2925

Postsecondary education: Equity in Higher Education Act: prohibition on discrimination: training.

SD HCR2042

Preferential treatment; discrimination; prohibited acts

Similar Bills

AZ SB1700

Schools; school libraries; books; prohibition

IN HB1346

Gender fluidity.

OK SB1008

Higher education; prohibiting certain test or qualification as a condition of employment or promotion within certain institutions of higher education. Effective date. Emergency.

OK SB1008

Higher education; prohibiting certain test or qualification as a condition of employment or promotion within certain institutions of higher education. Effective date. Emergency.

GA SB261

Education; postsecondary educational institutions, local school systems; prohibit the use of political litmus tests

CA AB234

Microparticles.

CA AB1384

Local educational agencies: liability for COVID-19-related injuries.

TX HB3411

Relating to prohibiting a public school teacher from supporting a student's gender transition.