An Act to require education in prenatal human growth and development.

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

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

When the South Dakota Board of Education Standards undertakes a revision of the health education standards, in accordance with § 13-3-48, the board shall, after consulting with experts in prenatal human growth and development, incorporate instruction in prenatal human growth and development into the health education standards.

The South Dakota Board of Education Standards shall recommend resources for age-appropriate and research-based instruction in prenatal human growth and development. A school district shall use the resources recommended by the department South Dakota Board of Education Standards in providing a health or science curriculum the instruction.

The instruction may include:

(1) A high-definition ultrasound video;

(2) A high-quality, computer-generated rendering or animation of the progress of prenatal human development; or

(3) Other comparable education resources that accurately depict prenatal development.

The board of a school district shall ensure that any instruction in prenatal human growth and development provided pursuant to this section is medically accurate, research-based, age appropriate, and aligned with the state-approved health education and science standards promulgated pursuant to § 13-3-43.

Any instruction in prenatal human growth and development must be presented in an objective manner. A school district shall make any instructional materials available for parental review upon request.

Nothing in this section may be construed to require instruction that deviates from the state-approved science standards promulgated pursuant to § 13-3-43.

Section 2. That a NEW SECTION be added to chapter 13-3:

The instruction in prenatal human growth and development required under section 1 of this Act must include:

(1) A high-definition ultrasound video that shows the presence of the brain, heart, and other major organs as they appear at various stages of prenatal development; and

(2) A high-quality, computer-generated rendering or animation, or a high-definition ultrasound video that shows the progress of prenatal human development from fertilization through birth, noting significant moments in the progress of cellular growth and organ development.

Any video or computer-generated rendering or animation shown, as required by this section, must be at least three minutes in length.

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

The age-appropriate, research-based, instruction in prenatal human growth and development required under section 1 of this Act may not include any book, article, outline, handout, video, or other material produced or provided by an entity that:

(1) Performs abortions;

(2) Promotes abortion;

(3) Contracts or subcontracts with an entity that performs abortions or promotes abortion;

(4) Becomes or continues to be affiliated with an entity that performs abortions or promotes abortions; or

(5) Regularly makes referrals to an entity that provides abortions or promotes abortion.