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Establish requirements for school employees regarding gender ideology.
This bill requires school counselors to get parental consent before providing counseling services to students for mental, emotional, or medical health issues, and to notify parents whenever such counseling occurs or when certain topics—including gender identity and sexual orientation—are discussed. The bill also prohibits school counselors from promoting the idea that a student's sex is different from their biological sex at birth.
Revise certain provisions related to the restriction of access to obscene materials in a public library or public school library.
HB 1239 clarifies the legal defenses available to people and institutions accused of distributing harmful materials to minors or obscene materials, including making it explicit that public libraries and their employees are protected from prosecution under these laws. The bill also tightens the language around what counts as a valid defense—such as requiring adults to provide written statements if they claim to be a minor's parent or guardian, rather than just making an oral representation. These changes make South Dakota's obscenity and harmful-materials laws clearer while reinforcing that public libraries cannot be prosecuted for their collection decisions.
Require that a school curriculum include human growth and development within the health curriculum.
Starting in grade three, South Dakota school districts must add lessons about human pregnancy and fetal development to their health curriculum, including showing students a high-definition ultrasound video (at least three minutes long) displaying fetal brain, heart, and organ development, plus a video showing fertilization and all stages of development in the womb. This is a new requirement that school boards must incorporate into their health classes using lessons, lectures, or digital presentations.
Require that a high school health curriculum include human sexuality and human development within the womb.
South Dakota high schools must now include information about human sexuality, pregnancy, and fetal development in their grades 9-12 health curriculum, with at least two of three required video presentations showing computer-generated depictions of chemical or surgical abortion procedures. The bill also prohibits school employees from referring students to abortion services.
Require an employee of a school district, the Board of Regents, or the South Dakota Board of Technical Education to receive permission of a parent or guardian of an unemancipated minor student before addressing the student with a name other than the student's legal name and to prohibit the compulsory use of gendered language inconsistent with sex.
School employees must now get written permission from a parent or guardian before using a student's chosen name or pronouns that differ from the student's legal name and biological sex. The bill also prohibits schools from punishing employees who refuse to use a student's preferred name or pronouns that don't match the student's sex assigned at birth.
Permit a teacher to assist a student in objectively reviewing scientific information.
This bill allows teachers in South Dakota school districts to help students critically examine scientific information by analyzing its strengths and weaknesses in an objective way. The new law applies to any science course that follows the state's established content standards, giving teachers explicit permission to encourage students to think critically about scientific material rather than simply accepting it at face value.
Require the display and curricular inclusion of the Ten Commandments and other documents.
School districts in South Dakota would be required to display a poster or document at least 8 inches by 14 inches with the Ten Commandments in every classroom, printed in large, easy-to-read font. The law also requires schools to display historical statements near the Ten Commandments posters explaining their role in early American education. This creates a new requirement for public schools to include this religious text in their classrooms.
Incorporate the Oceti Sakowin Essential Understandings in public school curriculum.
This bill requires South Dakota school districts to display posters in every classroom showing the Woope Sakowin—seven Lakota values including generosity, compassion, respect, patience, humility, courage, and wisdom—along with explanatory statements about their historical and cultural significance. Schools must post these materials on posters or documents at least eight by fourteen inches with large, readable fonts, making the Oceti Sakowin teachings a visible part of the school environment.
Allow public schools to authorize an individual to volunteer or be employed as a school chaplain.
Public schools in South Dakota must now adopt a policy allowing volunteers to serve as school chaplains, with each chaplain's religious affiliation publicly listed on the district website. The policy must specify chaplain qualifications and allowed duties, but cannot require student participation and must prohibit chaplains from having any disciplinary authority over students. Chaplain volunteers must pass the same criminal background checks as hired school employees and cannot have convictions for crimes involving moral turpitude, crimes of violence, sex offenses, or drug trafficking.
Require the display of the state seal or motto in public school classrooms.
Public schools must now display South Dakota's state motto in every classroom on a plaque, artwork, or similar display that is at least 12 by 8 inches and easily readable. The state will cover all legal costs and damages if anyone sues a school district or its employees over displaying the motto, expanding the attorney general's existing duty to defend schools that display the U.S. national motto.
Require that public school students be provided with information regarding age-of-consent laws and legal and mental health resources.
South Dakota school districts must now provide students starting in fifth grade with annual information about the state's age-of-consent laws and available legal and mental health resources, presented in an age-appropriate way. This is a new requirement that adds to existing school curriculum standards but does not change any existing laws—it only requires schools to educate students about those laws and direct them to support services.
Encouraging the board of each school district in this state to develop and implement a policy that limits the use of cellular telephones and other electronic communication devices during instructional time.
This concurrent resolution encourages (but does not require) school district boards across South Dakota to create policies that limit students' use of cell phones and other electronic devices during class time, based on research showing such devices distract from learning and lower test scores. The resolution also encourages school districts to train teachers and staff on these policies so they understand and enforce them consistently.
Provide protections for parental rights.
This bill establishes parental rights as a fundamental right in South Dakota law and prohibits state agencies, schools, and government officials from interfering with parents' decisions about their children's upbringing, education, healthcare, religious training, and school records access. The law specifically protects parents' rights to choose their child's school type (public, private, home school, etc.), make all health and mental health decisions, direct moral and religious training, and participate in school organizations.
Require that all certified educators take a course in South Dakota Indian Studies.
South Dakota is expanding its requirement for Indian Studies training by requiring all certified educators—not just new teachers or those hired from out-of-state—to complete a three-credit-hour course covering Native American language, culture, history, and educational approaches. The course curriculum remains unchanged and must address tribal languages, cultural awareness, history, traditional tribal education, and teaching strategies tailored to Indian learning styles.
Allow a student to wear certain military decorations at a school graduation ceremony and to declare an emergency.
Students who have enlisted in the South Dakota National Guard or U.S. Armed Forces can now wear military decorations like sashes or stoles at their high school graduation ceremonies, as long as those items were officially issued by the military. This creates a new permission that schools must allow, removing any previous restrictions on wearing such military regalia during graduation.