Law & Courts

S. D. Governor Vetoes Limits on Transgender Students’ Restroom Access

By Evie Blad — March 08, 2016 3 min read
  • Save to favorites
  • Print

South Dakota Gov. Dennis Daugaard vetoed a bill last week that would have restricted which restrooms and locker rooms transgender students could use in the state’s public schools, saying it would take decisionmaking authority away from local officials.

H.B. 1008 would have gone into effect March 1 if Daugaard, a Republican, hadn’t acted first.

The bill would have created the first state-level restrictions for transgender students by requiring them to use restrooms and locker rooms that match their biological sex, defined as “the physical condition of being male or female as determined by a person’s chromosomes and anatomy as identified at birth,” even if that sex doesn’t match the gender they identify with.

“House Bill 1008 does not address any pressing issue concerning the school districts of South Dakota,” Daugaard wrote in a veto statement. “As policymakers in South Dakota, we often recite that the best government is the government closest to the people. Local school districts can, and have, made necessary restroom and locker room accommodations that serve the best interests of all students, regardless of biological sex or gender identity.”

Daugaard made his decision after meeting with both transgender students and supporters of the bill.

Champions of the measure, including conservative groups and Republican lawmakers, said it would have provided clarity for school districts about a complicated legal issue. Some lawmakers also argued that parents have privacy concerns when children with different anatomy use the same facilities.

But opponents, including advocates for lesbian, gay, bisexual, and transgender students, argued that the bill would stigmatize vulnerable students and potentially put schools at odds with the U.S. Department of Education’s office for civil rights, which has said schools are obligated, under Title IX, to honor transgender students’ gender identity.

No Legal Clarity

School administrators nationwide have been struggling with legal uncertainty about how to accommodate transgender students. Transgender students who’ve won access to school facilities in court have done so under state civil rights laws.

The bill, one of several proposals related to gender identity that South Dakota lawmakers will consider in the current legislative session, would have required schools to provide “reasonable accommodations” if a student with parental consent “asserts that the student’s gender is different from the student’s biological sex.” Those accommodations “may include a single-occupancy restroom, a unisex restroom, or the controlled use of a restroom, locker room, or shower room that is designated for use by faculty.”

But federal officials have said that such accommodations are inadequate and stigmatize transgender students.

The federal interpretation of Title IX as it is applied to transgender students is the subject of a pending case in a federal appellate court in Virginia.

The ruling in that case may provide further clarity for schools, school law experts have said.

“Instead of encouraging local solutions, this bill broadly regulates in a manner that invites conflict and litigation, diverting energy and resources from the education of the children of this state,” Daugaard’s veto statement said.

“Preserving local control is particularly important because this bill would place every school district in the difficult position of following state law while knowing it openly invites federal litigation. ... This law will create a certain liability for school districts and the state in an area where no such liability exists today.”

Other state legislatures have proposed similar measures, but none has come as close to becoming law as South Dakota’s did.

A version of this article appeared in the March 09, 2016 edition of Education Week as S.D. Governor Vetoes Limits on Transgender Access to Restrooms

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Webinar
Closing the Practice Gap: Essential Insights for Leaders
Three instructional experts will share strategies for making students’ reading and math practice more engaging and impactful this year.
Content provided by Renaissance

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Teens Drop Lawsuit Against Trump's Trans Sports Order After Supreme Court Ruling
The Supreme Court last month upheld state bans on transgender girls in school sports.
4 min read
Two teens challenging New Hampshire's new law banning transgender girls from girls' sports teams, Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, N.H., Aug. 19, 2024.
Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, N.H., Aug. 19, 2024. The teens initially sued over New Hampshire's law banning transgender girls from school sports teams, and later expanded their lawsuit to challenge President Donald Trump's February 2025 executive order threatening to withhold federal funds from schools that allow transgender girls to join girls' sports teams. They've since withdrawn the legal challenge following a Supreme Court ruling allowing states to ban transgender girls from sports under Title IX.
Holly Ramer/AP
Law & Courts What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP
Law & Courts Judges Strike Down Trump Admin.'s Student Loan Forgiveness Overhaul
Two judges sided with advocates who said the program risked becoming a tool for political retribution.
3 min read
In this May 5, 2018, file photo, graduates at the University of Toledo commencement ceremony in Toledo, Ohio.
Graduates at the University of Toledo commencement ceremony in Toledo, Ohio, on May 5, 2018. Two judges have ruled against the Trump administration's overhaul of a public service loan forgiveness program for which teachers have qualified.
Carlos Osorio/AP
Law & Courts Supreme Court Upholds Birthright Citizenship, Rejecting Trump's Proposed Limits
The justices relied on the 14th Amendment and federal law to rule that anyone born in the U.S. is a citizen.
4 min read
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The Supreme Court justices will take the bench Monday, July 1, 2024, to release their last few opinions of the term, including their most closely watched case: whether former President Donald Trump has immunity from criminal prosecution.
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito, and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The high court, on June 30, 2026, rejected President Donald Trump's executive order on birthright citizenship.
J. Scott Applewhite/AP