An Act to prohibit the use of political litmus tests in education.

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

Section 1. That § 13-49-14 be AMENDED:

13-49-14. The Board of Regents may employ and dismiss all officers, instructors, and employees of such institutions, necessary to the proper management thereof, to determine their number, qualifications, and duties, fix the term of their employment, and rate and manner of their compensation, provide for sabbatical leave on part pay, and provide for a retirement program.

No person may be employed or dismissed, or accorded preferential, adverse, or unequal treatment with respect to any application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, or any term or condition of employment, by reason of the person's:

(1) Ideological, political, or sectarian opinions or perspectives, including any initiative or formation of diversity, equity, and inclusion, beyond upholding the equal protection of the laws guaranteed by the Fourteenth Amendment of the United States Constitution; or

(2) Race, color, creed, religion, sex, ancestry, disability, or national origin.