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prohibit institutions of higher education from discriminating against or providing preferential treatment to students.

South Dakota's public universities and colleges would be prohibited from discriminating against or giving preferential treatment to students based on race, color, religion, national origin, sex, disability, creed, or ancestry in admissions, services, or discipline. The law would also ban these institutions from asking applicants questions designed to identify their race, religion, national origin, or other protected characteristics, except when required by other laws. This change codifies nondiscrimination requirements for higher education institutions under the Board of Regents.

prohibit the use of political litmus tests in education.

This bill prohibits South Dakota's state universities (Board of Regents institutions) from requiring job applicants or employees to pledge support for specific ideologies related to diversity, equity, inclusion, systemic racism, or gender identity as a condition of employment, promotion, or tenure. The bill also bars universities from giving preferential treatment to candidates based on their views on these topics or on a person's race or ethnicity. In effect, it prevents universities from using what the bill calls "political litmus tests" in hiring and advancement decisions.

revise the gross receipts tax on certain food.

Despite its title referencing a food tax, SB117 actually eliminates a requirement for South Dakota's Board of Regents to submit an annual report to the Governor and legislature describing their efforts to promote intellectual diversity and free exchange of ideas on college campuses. The bill keeps the definitions of "expressive activity" and "intellectual diversity" in state law but removes the accountability mechanism that required institutions to document what they're doing to protect these principles.

revise and repeal certain provisions regarding self-support tuition rates at off-campus locations governed by the Board of Regents.

HB 1024 adds new restrictions on how the Board of Regents can operate off-campus education sites, requiring that any courses taught there must use the self-support tuition rate (a higher rate set to cover costs without state funding). The bill also restricts the Board from leasing more than 10 percent of the property to outside parties and prohibits selling any property without a public appraisal and auction process.

create an Office of Public Policy Events at institutions of higher education.

South Dakota's public universities and colleges must create a new Office of Public Policy Events to organize debates, panel discussions, and lectures featuring speakers with diverse and opposing viewpoints on current policy issues. These offices will invite speakers from inside and outside the institutions, publicize the events, and pay speaker fees and travel costs. This is a new requirement with no existing law being changed—it establishes a completely new office and responsibility for higher education institutions.

establish due process rights for students during disciplinary proceedings.

South Dakota colleges and universities must now establish policies that give students accused of sexual misconduct the right to know the specific allegations against them, consult with a lawyer, cross-examine witnesses, and receive written findings they can appeal. The new law also requires that investigators cannot later serve as judges in the case and that all decisions must be based on clear evidence.

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

South Dakota colleges and public schools cannot require students to affirm beliefs that any race is superior or inferior, or that individuals should feel guilt or responsibility for historical actions based on their race or ethnicity. Schools also cannot use courses or instruction that compel students to adopt these beliefs or that single out students based on race or color. This creates new restrictions on classroom instruction and student requirements at higher education institutions and school districts.

equalize the general fund appropriations appropriated to the Board of Regents.

Starting in fiscal year 2024 and every five years after, the Board of Regents must develop a fair system to divide state general fund money equally among South Dakota's public universities and colleges based on similar factors at each school. The Board must then report to a special committee on how it equalized the funding and request approval to transfer money between institutions as needed.

require the posting of syllabi and course information.

South Dakota's public universities must now post detailed course information online at least 30 days before registration opens, including syllabi with major assignments, reading lists, and lecture topics; instructor credentials like education and teaching experience; and recent departmental budgets. All this information must be searchable and accessible to the public without requiring a login or password. This creates a new transparency requirement for state-controlled higher education institutions.

establish requirements for higher education.

require the Board of Regents to provide an annual presentation to the special committee.

South Dakota's six Board of Regents universities will now receive state funding based on a new formula instead of previous methods. The formula splits funding so that 25% goes equally to all six universities for basic operations, while the remaining 75% is distributed based on how many students each university enrolls and the types of programs they offer (weighted by program value). A full-time student for funding purposes is defined as someone taking 30 credit hours of instruction.

provide for diploma privilege for admittance to the practice of law.

University of South Dakota law graduates can now become licensed attorneys in South Dakota without taking the bar exam, as long as they meet age and moral character requirements and are state residents. This diploma privilege only applies to graduates of the University of South Dakota law school, not attorneys from other law schools who still must pass the standard bar examination.

protect fairness in women's sports.

This bill requires all school and college athletic teams in South Dakota to be designated for females, males, or coeducational groups based on athletes' biological sex at birth as listed on their birth certificates. Only athletes designated as female based on their birth certificate can participate on teams designated for females, women, or girls. Athletes who are harmed by violations of this rule can sue the school or organization for damages.

establish the crime of hazing and to provide a penalty therefor.

This bill creates a new crime of hazing in South Dakota, making it illegal to force students to participate in dangerous or mentally stressful activities as a condition of joining school or university organizations. Penalties range from a Class 2 misdemeanor for reckless hazing up to a Class 6 felony if the hazing intentionally causes serious injury to a student.

authorize the Board of Regents to demolish a South Dakota State University building and to make an appropriation therefor.

HB1023 gives South Dakota State University's Board of Regents permission to tear down a building on campus and provides state funding to pay for the demolition. The bill allows the university to remove the structure and allocates money from the state budget for this project.