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SDPB Radio Coverage of the South Dakota Legislature. See all coverage and find links to audio and video streams live from the Capitol at www.sdpb.org/statehouse

Bill Limits Rulemaking Authority of SDHSAA

State Representatives passed a bill limiting the rulemaking authority of the South Dakota High School Activities Association. House Bill 1161 says the association may not establish policy relating to sexuality or gender identity, other than the basic distinction between the male and female high school activities.

House Bill 1195, passed by the House earlier this session voids the transgender policy of the South Dakota High School Activities Association. House Bill 1161 takes away the association’s ability to make such policies in the future. Representative Steve Haugaard is a prime sponsor of House Bill 1161. He says the association’s purpose is to coordinate and schedule competition and establish rules to differentiate between the various sports. He says creating policies relating to sexuality and gender identity go beyond the association’s purpose.
 
“What they attempted to do in this situation was not to simply direct activities, but rather to create a new class of student participants,” Haugaard says. “And the result is that it essentially changes the character of the association to that of social engineering.”
 
Haugaard says local school districts should make these decisions themselves.

But opponents say it’s important to have a policy in place for future reference, and are concerned the bill opens the state up to legal issues. Representative Peggy Gibson spoke against the measure.  
 
“I don’t see where the State of South Dakota should dictate to the high school athletic association policies when they feel that this is important for Title IV and for every student to be able to participate in our athletic association,” Gibson says. “And I do see it as discriminatory and along with 1195, I see both of these bills as verging on hate bills.”
 
Representatives voted 46 to 23 to pass House Bill 1161.

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