Law / United States / 
South Dakota
Educational institutions: admission inquiries and records on protected characteristics
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- If you are an educational institution in South Dakota, public or private, or act as its agent, do not make or use a written or oral inquiry or an admission application form that elicits or attempts to elicit information concerning an applicant's race, color, creed, religion, ancestry, disability, or national origin, and do not make or keep a record concerning them, except as regulations of the Commission of Human Rights permit; a bona fide religious institution with a religion-based qualification related to a bona fide religious purpose is exempt (SDCL secs. 20-13-1(5) and 20-13-22(3)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 20-13-22(3) bars an admission inquiry, and the making or keeping of a record, concerning an applicant's race, color, creed, religion, ancestry, disability, or national origin. It requires no log or retained record and names no audit, so no logging duty is coded.
- Kind
- None
- As of
What this law does
Section 20-13-22(3) makes it an unfair or discriminatory practice for any educational institution to make or use a written or oral inquiry, or a form of application for admission, that elicits or attempts to elicit information concerning the race, color, creed, religion, ancestry, disability, or national origin of an applicant for admission, or to make or keep a record concerning them, except as regulations of the Commission of Human Rights permit.
An educational institution is any public or private institution of education, including an elementary or secondary school, a college, a school system, and any business, technical, or vocational school, and includes any agent of such an institution. The section does not apply to a bona fide religious institution that has a qualification based on religion related to a bona fide religious purpose.
When LexLint raises it
When your app profile says your app processes personal data.
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