South Dakota 2025 Regular Session

South Dakota House Bill HB1201 Compare Versions

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1-25.222.22 100th Legislative Session 1201
1+25.222.21 100th Legislative Session 1201
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44 2025 South Dakota Legislature
55 House Bill 1201
6-HOUSE EDUCATION ENGROSSED
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1212 Introduced by: Representative Manhart
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1414 Underscores indicate new language.
1515 Overstrikes indicate deleted language.
16-An Act to establish requirements for school employees regarding gender ideology . 1
16+An Act to establish requirements for school counseling services. 1
1717 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
1818 Section 1. That a NEW SECTION be added to chapter 13-32: 3
19-A school nurse, school counselor, teacher, administrator, or any other staff 4
20-member, employed by a school district or accredited nonpublic school, must notify a 5
21-student's parent or guardian if questions regarding a student's gender confusion or gender 6
22-dysphoria are discussed with a student. 7
23-Section 2. That a NEW SECTION be added to chapter 13-32: 8
24-A school nurse, school counselor, teacher, administrator, or any other staff 9
25-member employed by a school district or accredited nonpublic school may not: 10
26-(1) Provide any instruction or presentation to a student with the purpose of studying, 11
27-exploring, or informing the student about gender identity, gender expression, or 12
28-the concept that a student's gender may be inconsistent with the student's 13
29-biological sex at birth; 14
30-(2) Encourage or coerce a student to withhold from the student's parent, legal 15
31-guardian, or other custodian the fact that the student's perception of the student's 16
32-gender or sex is inconsistent with the student's sex; or 17
33-(3) Withhold from a student's parent, legal guardian, or other custodian, information 18
34-related to a student's perception that the student's gender or sex is inconsistent 19
35-with the student's sex. 20
19+Before a school counselor provides a direct counseling service to a student for the 4
20+first time, the school counselor, or another school staff member, must obtain the consent 5
21+of the student's parent or guardian. 6
22+For the purpose of sections 1 and 2 of this Act, “direct counseling service” means 7
23+an interaction, between a school counselor and a student, pertaining to mental, medical, 8
24+or emotional health and does not involve career planning or academic discussions. 9
25+Section 2. That a NEW SECTION be added to chapter 13-32: 10
26+A school counselor, or another school staff member, must notify a student's parent 11
27+or guardian: 12
28+(1) When a direct counseling service is provided to a student; 13
29+(2) If a subject is discussed during a direct counseling service that is substantially 14
30+different from those discussed during previous counseling sessions; and 15
31+(3) If questions regarding any of the following topics are discussed with a student 16
32+during a direct counseling service: 17
33+(a) Gender; 18
34+(b) Gender confusion; 19
35+(c) Gender dysphoria; 20
36+(d) Homosexuality; or 21
37+(e) Transsexuality. 22
38+Section 3. That a NEW SECTION be added to chapter 13-32: 23 25.222.21 2 1201
39+ Underscores indicate new language.
40+ Overstrikes indicate deleted language.
41+School counselors may not promote the concept that a student is a sex contrary to 1
42+the student's biological sex at birth. 2