South Dakota § 13-32-24 - Multi-occupancy changing rooms, sleeping quarters, and restrooms--School-sanctioned event--Other school accommodations--Designation--Student’s request for reassignment--Private causes of action--Limitation--Attorney’s fees.

§ 13-32-24. Multi-occupancy changing rooms, sleeping quarters, and restrooms--School-sanctioned event--Other school accommodations--Designation--Student’s request for reassignment--Private causes of action--Limitation--Attorney’s fees.

If a public school sponsors or sanctions any event that requires students to be provided with changing rooms or sleeping quarters, the school must designate all multi-occupancy changing rooms and sleeping quarters as being for use exclusively by females or exclusively by males. A student may not be required to share sleeping quarters with a member of the opposite sex, unless the individuals are members of the same family.

In any other setting in a public school where an individual may be in a state of undress in the presence of others, the school must provide separate, private areas designated for use by individuals based on the individual's sex. Except as otherwise provided in § 13-32-23, no individual may enter private areas unless the individual is a member of the designated sex.

If a student is unable or unwilling to use a room for overnight sleeping quarters, in accordance with the exclusive designation set forth in this section, that student, or the student's parent in the case of a student under the age of eighteen, may file, with the school administrator, a request to be reassigned to single-occupancy room.

An individual who encounters a member of the opposite sex in a restroom or changing room while making use of a restroom or changing room designated by the public school for use by the individual's sex, has a private cause of action for declaratory and injunctive relief against the school district that:

(1)    Provided the member of the opposite sex permission to use a restroom or changing room of the individual's sex; or

(2)    Failed to take reasonable steps to prohibit the member of the opposite sex from using the restroom or changing room of the individual's sex.

An individual who is assigned by a public school to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief against the school district.

Any civil action brought pursuant to this section must be initiated within two years of the violation. An individual who is aggrieved under this section and prevails in court may recover reasonable attorney fees and costs from the offending school district.

Source: SL 2025, ch 84, § 5.