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SD SB190
Bill
Status
2/17/2026
Primary Sponsor
Heather Baxter
Click for details
AI Summary
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State agencies and political subdivisions cannot substantially burden a parent's fundamental right to direct their minor child's upbringing, education, health care, and mental health without demonstrating a compelling governmental interest and using the least restrictive means
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Parents have enumerated rights including directing moral and religious training, making all health care decisions, accessing all medical and educational records, excusing children from school for religious purposes, and consenting before biometric scans, DNA records, or video/audio recordings of their child
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State employees are prohibited from encouraging or coercing minors to withhold information from parents, or withholding information relevant to a child's physical, emotional, or mental health from parents (except for law enforcement investigations)
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School districts must adopt parental involvement policies and obtain parental consent before instruction on human sexuality or gender identity topics, and before a child may use a name other than their legal name; employees cannot conceal information about a child's gender identification from parents
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Parents may sue for violations and recover declaratory relief, injunctive relief, compensatory damages, $5,000 liquidated damages per school-related violation, and reasonable attorneys' fees; state agencies must indemnify employees for judgments under this chapter
Legislative Description
Codify the rights of a parent.
Minors
Last Action
House of Representatives Reconsidered, Failed, YEAS 30, NAYS 36. H.J. 484
3/3/2026