An Act to establish provisions related to the rating of books available in school districts.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 13-1 be amended with a NEW SECTION:

Each board of a school district shall ensure that any book newly acquired by the district, which is made available physically through the district or electronically through a district portal, is identified with a minimum age-appropriate or grade-appropriate rating if that book is determined by the board to contain:

(1) A description of, or any picture, photograph, drawing, or other visual representation of serious injury by amputation, decapitation, dismemberment, mutilation, maiming, or disfigurement, to a human or human-like being;

(2) A description of, or any picture, photograph, drawing, or other visual representation, of masturbation, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or female breasts;

(3) Descriptions of, or references to, suicide, suicidal ideation, or self-harm;

(4) Profanity; or

(5) Material or a visual representation that is designed or intended to frighten the reader.

Section 2. That a NEW SECTION be added to chapter 13-1:

On or before September 1, 2026, the board of a school district shall ensure that each book made available physically through the district or electronically through the district portal is identified with a minimum age-appropriate or grade-appropriate rating, if the board determines that the book contains content referenced in section 1 of this Act.

Section 3. That a NEW SECTION be added to chapter 13-1:

The board of a school district shall, by policy, provide for the manner in which the parent or guardian of a student enrolled in the district may request administrative or board review of a book made available physically through the district or electronically through a district portal:

(1) That the parent or guardian believes should be identified with a minimum age-appropriate or grade-appropriate rating in accordance with section 1 of this Act; or

(2) That has been rated by the board, and the parent or guardian disagrees with the rating.