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Committee passes bill requiring school staff to out students questioning gender

House education committee hears testimony from Republican State Senator Amber Hulse on House Bill 1201.
Lee Strubinger
/
SDPB
House education committee hears testimony from Republican State Senator Amber Hulse on House Bill 1201.

A House Education is narrowly passing a bill requiring public and private school staff disclose to parents if their child expresses “gender confusion” or “dysphoria.”

The bill also prohibits school staff from encouraging to withhold information about the student from their parents or provide instruction about exploring gender identity.

Rep. Logan Manhart is the prime sponsor of the bill. The Republican from Aberdeen said several other states have passed similar laws pertaining to these parental rights.

“We’re really having a broader discussion," Manhart said. "We’re making sure all members of a school are open to transparency between the parents and them.”

The bill, passed on Monday, does not define gender dysphoria nor gender confusion — nor does state law.

The bill was opposed by several school counselors. Rep. Amber Arlint, R-Sioux Falls, voted against the bill. She said she’s concerned about the broadness of the legislation.

“The other concern that I had was around student safety,” Arlint said. “So, if there’s known abuse at home, there’s no provision to make sure there’s an opportunity not to report if there is known abuse.”

The bill passed the House Education committee 8 to 7. It now heads to the full House.

Earlier in the day, the committee rejected a bill that prohibits schools from disciplinary action against students and staff if they refuse to address a student by another name other than their legal name or sex.

Critics say that bill was vague and that disputes should be handled at the local level.

The proposals are part of a nearly annual wave of bills in the South Dakota Legislature aimed at the transgender and queer community.

The committee rejected that bill nine to five.

Lee Strubinger is SDPB’s Rapid City-based politics and public policy reporter. Lee is a two-time national Edward R. Murrow Award winning reporter. He holds a master’s in public affairs reporting from the University of Illinois-Springfield.