25.1.12 100th Legislative Session 1177
2025 South Dakota Legislature
House Bill 1177
Introduced by: Representative Rice
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to require an employee of a school district, the Board of Regents, or the South 1
Dakota Board of Technical Education to receive permission of a parent or 2
guardian of an unemancipated minor student before addressing the student 3
with a name other than the student's legal name and to prohibit the 4
compulsory use of gendered language inconsistent with sex. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 6
Section 1. That a NEW SECTION be added to chapter 13-1: 7
No employee of a school district or an institution under the control of the Board of 8
Regents or the South Dakota Board of Technical Education, regardless of the scope of the 9
employee's official duties, may without the written permission of the student's parent or 10
guardian knowingly and intentionally address an unemancipated minor student by: 11
(1) A name other than the student's legal name or a derivative thereof; or 12
(2) A student's preferred personal title or pronoun that is inconsistent with the 13
student's sex. 14
For the purposes of this section and sections 2 and 3 of this Act, the term "sex" 15
means the classification of a person as either female or male based on the organization of 16
the body for a specific reproductive role, as indicated by an individual's sex chromosomes, 17
naturally occurring sex hormones, and internal and external genitalia present at birth. 18
Section 2. That a NEW SECTION be added to chapter 13-1: 19
No employee of a school district or an institution under the control of the Board of 20
Regents or the South Dakota Board of Technical Education may be subject to adverse 21
employment action for declining, while acting within the employee's scope of employment, 22
to address an individual using: 23
(1) A name other than the individual's legal name or a derivative thereof; or 24 25.1.12 2 1177
Underscores indicate new language.
Overstrikes indicate deleted language.
(2) A student's preferred personal title or pronoun that is inconsistent with the 1
individual's sex. 2
An employee who is subject to adverse employment action, by a school district or 3
an institution under the control of the Board of Regents or the South Dakota Board of 4
Technical Education, in violation of this section, may bring a civil action for injunctive 5
relief, monetary damages, reasonable attorney's fees and costs, and any other appropriate 6
relief. Any civil action brought pursuant to this section must be initiated within two years 7
from the date that the violation occurs. 8
Section 3. That a NEW SECTION be added to chapter 13-1: 9
No student enrolled in a school district or institution under the control of the Board 10
of Regents or the South Dakota Board of Technical Education may be subject to 11
disciplinary action for declining to: 12
(1) Identify the student's pronouns; or 13
(2) Address any individual by: 14
(a) A name other than the individual's legal name or a derivative thereof; or 15
(b) A preferred personal title or pronoun that is inconsistent with the 16
classification of the individual's sex. 17
Any student who is subject to disciplinary action by a school district or an institution 18
under the control of the Board of Regents or the South Dakota Board of Technical 19
Education, in violation of this section, may bring a civil action for injunctive relief, 20
monetary damages, reasonable attorney's fees and costs, and any other appropriate relief. 21
Any civil action brought pursuant to this section must be initiated within two years from 22
the date that the violation occurs. 23