
Highlights & Insights
January 26, 2024

Legislators Take Up Teacher Pay Bills
Dr. Douglas R. Wermedal, PhD
ASBSD Executive Director
Session has passed the half-way point and there are many successes to report, and some important challenges remain. One of the bills top-of-mind for most educators is the teacher compensation legislation which received its first committee informational session just this morning in House Education and will likely be voted on during Wednesday’s committee meeting. Several amendments to the bill have already occurred which have moved the bill past many of the most unworkable aspects of House Bill 1048’s original language. If you reviewed a related bill, House Bill 1137 (Establishing a Minimum Teacher’s Salary), you will recognize much of its language in the heavily-amended 1048D. Thus, it is anticipated that 1137 will be tabled and the 1048D and its successor(s) will become the teacher salary bill for this session.
Essentially, 1048 does the following:
· Establishes a state minimum teacher salary of $45,000 (down from the original $48,000), starting with the 2025-2026 school year.
· There will also be an average teacher salary metric which be monitored, starting with the 2024-2025 school year.
· Requires districts to pass along annual legislative increases to teachers and these raises must be evidenced in minimum teacher salary and average teacher salary figures for each district.
At the $45,000 level, approximately 37 districts do not meet this bill’s requirement. Of those districts 13 are within $1,000 of this minimum figure. The bill's current language in 1048D is a step in the right direction from 1048’s original language, but more work needs to be done. In providing testimony supporting the bill, one proponent said there was no point in introducing legislation that set thresholds that every district already meets.
Additional amendments are likely in this bill but will probably emerge on the Senate side. These amendments will likely be in the language which impacts the average and minimum salary metrics (e.g. lowering the target numbers), and/or increasing length of time allowed for compliance, perhaps an additional year for districts to align their finances to meet thresholds.
Other changes are possible as we work with three primary goals in mind:
· Preserve the 4% increase to all of education.
· Support salary increases for teachers.
· Configure the bill’s salary requirements so that all districts have a chance to align resources and
become compliant.
This will definitely be the major legislation we will work on to ensure the balance of the session. Look for daily updates on ASBSD’s website under the Billtracker menu.
Board Members — Celebrate Your Hard Work!
Director of Communications
Working for ASBSD, there’s a few things you pick up on that hold true about all school board members:
· They’re proud of their school district.
· They love seeing the smiles on the faces of students.
· They’re committed to doing what’s right for their district, even when it comes to making difficult decisions.
· They don’t like to celebrate their hard work too much.
But, we believe they should, because they deserve it! At least for a week…so February 19-23 is a good time to do so as part of the 2024 South Dakota School Board Recognition Week.
“School board members put forth a great deal of effort to ensure their students receive a great public education, their staff members have an excellent working environment and their community has a district to be proud of,” ASBSD Executive Director Dr. Douglas R. Wermedal said.
And school board members, take the time to pat yourselves on the back. This isn’t easy work you’ve chosen to be part of, but you didn’t get on the school board because you thought it would be easy.
You don’t have to take the whole week – take just a moment to reflect on your dedication to your district and the accomplishments you’ve seen come to fruition.
ASBSD has provided a certificate recognizing each school board collectively for South Dakota School Board Recognition Week, but additional documents helping your district celebrate the week can be downloaded from ASBSD’s Documents page under the “Event Documents” header.
Your hard work and dedication deserve to be celebrated, so even if you don’t want to celebrate it, we will!
Negotiations/Collective Bargaining Webinar Series continues
Wednesday, Feb 14, 2024, 12:00 PM
ASBSD Officers Attend National Training Conference
Lisa Snedeker
ASBSD Past President
Our ASBSD officers attended the National School Board Association (NSBA) Equity Symposium and Advocacy Institute in Washington, D.C. January 27-30. Our days were filled with listening sessions, breakout groups, and outstanding speakers all engaging us in the mission of carrying out the highest ideals for public education.
We were reminded that equity and advocacy are verbs that require action. As public school advocates, we embrace each child in every community.
Temple Grandin and her ability to speak up for the rights of all learners captivated us. As a person with the gift of being a visual learner, we were reminded of the importance of recognizing there are different styles of learning. We were strongly encouraged to be diligent in our efforts to include a variety of classes for all learners. After listening to her speak about the way she revolutionized the systems used to move cattle, I watched the movie about her life and I highly recommend it—she offers much for us to learn and has also written several books.
As we do our best to prepare today’s child for tomorrow’s world, we are encouraged to embrace the future technology that can open doors for us that as a child once myself, I would never have imagined. It is estimated that by the time today’s kindergartener graduates, AI (Artificial Intelligence) will be one billion times smarter than a human!
We are reminded that we are here to create the conditions for student and staff success; critical thinking skills will be more important than ever. Our agenda reflects our priorities—we must be strategic and intentional in reporting and celebrating our successes, creating the schools that will build up our future leaders. Hope is not a strategy, and we are encouraged to be informed and invest well in the people we are here to serve—our students, our staff, and our communities.
NSBA has compiled a list of advocacy priorities for 2024 and beyond with a goal to ensure each student everywhere has access to excellent and equitable public education governed by high-performing school board leaders supported by the community.
Here are the priorities:
1) Prioritizing Student Health and Well-Being
2) Securing Full Funding of the Individuals with Disabilities Education Act
3) Advocating for Continued Title Funds
4) Promoting Equitable Access to Technology and Technology Education
5) Advocating for Student Nutrition and Funding Needs
6) Promoting Protection/Accountability for the Use of Public Funds
Additional information about the priorities can be found by visiting www.nsba.org.
Our final day was spent at the Capitol visiting our congressional leaders’ offices and discussing the importance of public education.
It is an honor and a privilege to be a voice for public education, but also a responsibility that we all share in securing the most important requirement for a free society—the ability to think, to learn, and to become the best contributors we can be for our families, our communities, our country, and our world.
Active Shooter Workshop
Tuesday, Apr 23, 2024, 08:30 AM
Pierre, SD, USA
School Voucher Bill Defeated, Revived, and Defeated Again
HB 1250 is now gone for good
A wide-ranging, large price tag school voucher bill was defeated, revived, and defeated again.
Senate Bill 1250 attempted to provide for the creation and use of South Dakota educational empowerment accounts.
Parents of students who are not enrolled in a school district may file a request with the state Department of Education. The DOE will transfer per student equivalent amount into a student’s account and the parent will receive a debit card with the funds. The per student equivalent amount is the state’s cost estimate of educating a student for a year in public school, and is currently set at $7,400.
The money in the account may only be used for approved expenses, including tuition and fees for nonpublic schools and high education. Textbooks, curricula, and required or necessary supplies, tutoring, educational therapies, exam registration fees, public transportation between school and the student’s residence, and necessary technology including calculators, laptops, and tablets were also covered under the proposal.
District 2 Rep. John Sjaarda said the bill gives parents a choice in education.
“I also believe it will make the public schools better,” Rep. Sjaarda said. “This is just how competition works.”
ASBSD opposed this bill, with Executive Director Dr. Douglas Wermedal urging the committee to consider the fiscal impact, which a fiscal note indicated would cost the state $109 million in ongoing funding from the state budget, at a minimum.
“Is South Dakota so wealthy it can afford to create and fund a new education system?” he asked.
“This bill erodes public oversight. There is no oversight in the program introduced in the bill.”
Wermedal also noted the lack of opportunities for rural students in the proposed program and noted the well-funded scholarships already available for students attending private schools.
“School choice already exists in South Dakota,” Wermedal said. “What should not exist is taxpayer-funded school choice.”
District 4 Rep. Fred Deutsch moved to amend the bill. The amendment would have limited the per student funding to $1,000 per year.
“I favor school choice,” he said. “I have a real hard time with the fiscal impact.”
The motion to amend was killed 9-4.
District 8 Rep. Reisch said even though programs like this have been done in other states doesn’t mean it should be done in South Dakota.
“The passage of a bill like this would probably mark the largest exodus” of students and “I don’t see how that’s going to improve public education in South Dakota,” he said.
The bill was defeated by the House Education, 11-2.
That wasn’t the end of the discussion, however, as Rep. Sjaarda led a smoke-out of the bill, which is a legislative move to get the bill delivered to the House floor through the support of one-third of Representatives.
House Education Committee Chair District 18 Rep. Mike Stevens said the “committee did provide the Representative (Sjaarda) a fair hearing” with 16 testifiers having their chance to support of oppose the bill and robust discussion by committee members.
District 13 Rep. Sue Peterson said on the House floor “sometimes the composition of the (committee) doesn’t always reflect the composition of the whole (House of Representatives) body.”
A counter was posed by District 5 Rep. Byron Callies.
“This bill has been defeated three times in committee,” Rep. Callies said. “We’ve given it enough time. We’ve given it enough votes.”
The final vote was 41-23 against the bill, bringing an end to its debate.
Two Tax-Related Bills Defeated
Two tax related bills met the same fate in their respective chambers.
SB 167
Senate Bill 167 would limit annual valuation increases for owner-occupied single-family dwellings.
The bill would limit annual increases to 3% starting in November of 2020, effectively resetting taxes to near-2020 levels. The bill would also prohibit the “base value” of a property from exceeding the sale price when the sale was done without “coercion or advantage taken by either party.”
State Department of Revenue Secretary Michael Houdyshell called the bill unfair to some taxpayers, and said nearly $47 million in local spending would be cut as a result.
ASBSD opposed this bill. ASBSD Executive Director Dr. Douglas Wermedal said the bill would negatively impact schools’ finances.
“This bill would eviscerate the capacity of a local school district to collect local effort," he said.
District 9 Sen. Brent Hoffman cautioned the other senators.
“This is a very complex proposal that’s going to have some systemic effects that I don’t think we’re fully aware of,” he said.
The bill went on to pass Senate Taxation on a 4-3 vote.
On the floor, District 13 Sen. Jack Kolbeck, the bill’s prime sponsor, told senators the bill would provide predictability so homeowners can budget.
District 5 Sen. Lee Schoenbeck said the bill went against the state constitution, which Schoenbeck says mandates uniform taxes on property of the same class.
“[This bill] creates two classes of the same property,” Schoenbeck said.
Sens. Hoffman and Deibert also pointed out the discrepancy.
The bill was killed on the Senate Floor 20-11.
HB 1181
House Bill 1181 would increase the number of years the discretionary formula may be applied to a structure and to allow for the individual application of the discretionary formula for the structure. The bill originally allowed for a ten year formula, but was amended to allow for a maximum of five.
“This change gives counties the opportunity to keep economic development moving in their county and the state,” District 7 Sen. Tim Reed said.
State Department of Revenue Secretary Michael Houdyshell said there would be a loss of local effort through the formula.
“The local taxpayers are going to have to make up” the loss in tax collected from the properties, Houdyshell said.
ASBSD opposed this bill. Director of Policy & Legal Services Jessica Filler said the tax freeze would be a detriment to school districts, and that keeping this tax collection “off the books for 10 years is just too long.”
A do pass motion failed, and the bill was killed on a 9-5 vote by the House State Affairs committee.
Harrisburg teachers use Dungeons & Dragons and other board games for education
Jacob Boyko
ASBSD Communications Intern
For the most part, Kade Wells runs a typical English class at Harrisburg’s East Middle School. But each Friday, there’s one huge difference; it’s a difference that Wells says leads to unlikely friendships, teambuilding, critical thinking, and a love of learning.
On Fridays, they play Dungeons and Dragons.
Dungeons and Dragons is a tabletop fantasy role-playing game in which players create characters and embark on journeys where they will explore, battle, and solve puzzles. The dungeon master is at the center of the adventure, serving as a referee, world builder, and storyteller.
During our interview, Mr. Wells motioned for some of his students to step toward the webcam to tell me about their D&D takeaways.
“I think it’s fun,” one voice said followed by a unanimous chorus of agreement.
“It helps our reading skills,” another said.
“It makes reading tests easier,” added one more.
While an educational benefit to fantasy games in classrooms might sound a little spurious on the surface, Wells insists the students’ takeaways — both measurable and unmeasurable — corroborates his theory.
One area of growth he’s seen in students is their soft skills, including teamwork, communication, creativity, and critical thinking.
“You can be the smartest kid in the world, but if you cannot articulate your intelligence, you might as well not have it at all,” Wells said.
He continued: “There’s something about the bond that gets created. Middle school kids have their two friends and they don’t want to veer out of that little bubble, but D&D forces them to do that. You’re in an adventuring party together and you all have skill sets and have a problem that has to be solved; you’re going to need all of you to solve that problem.”
Wells said research indicates that the middle part of the brain — the crucial link between the analytical left brain and the creative right brain — isn’t fully developed in middle school. He compared playing games like D&D to working out a muscle.
“What D&D does … is it trains kids how to think theoretically, transfer it over to the other side of the brain to make it concrete so they can speak it, then they have to listen to whatever’s happening, and the whole process starts again,” Wells said.
Other teachers in Harrisburg have taken note and implemented other games into their courses.
Haley Schaefer, who teaches middle school science and math, uses a curriculum mastery board game from New Path Learning to help students in her science classes review before tests. Another game she’s implemented: Periodic Table Guess Who.
“It’s like the regular game of Guess Who,” Schaefer said. “Except instead of asking questions like ‘does your person have glasses’ … they have to ask yes or no questions about the other person’s element.”
She said the games are keeping more students engaged in the course than a usual study guide or other assignment.
“Sometimes our advanced students don’t always have the best social skills,” Schaefer said. ‘They’re advanced intellectually, but not always socially. This helps with problem solving and teamwork.”
At Harrisburg High School, social studies teacher Christian Hildebrandt uses the tabletop game Settlers of Catan to help students understand themes in history. In the game, players claim territory, build settlements, and gather resources; the struggles players face contextualize current world issues, like the war in Ukraine, product scarcity during the COVID-19 pandemic, and tariff wars.
“They start making some of those connections of economics like supply and demand,” he said. “Every country doesn’t have everything it needs. I think that scarcity mindset is a little helpful with kids’ understanding of trade.”
This semester, Hildebrandt used crowdfunding, or raised money from friends, family, and students’ parents, to bring a new game into his classroom called Ticket to Ride.
“It’s a map of the United States with different route combinations … and you have to strategize,” he explained. “So basically, just the idea of having the kids work with a map, visually planning a map, and trying to think about how to get there. You’re trying to connect cities, and there’s only so many ways to a city, and you want to make sure you find a route before someone else blocks the route. ”
Wells encourages other teachers to implement games in their classroom to help drive that critical engagement, but also as a way to get the most of children when regular instruction isn’t working well for them.
When he was a teacher at a Title I school, Wells used D&D as an intervention tool for some students who were struggling with learning disabilities, communication disorders, behavioral problems, or trauma.
“They weren’t engaged in any other way in school, so I knew it wasn’t going to hurt them,” Wells said. “The change happened in the kids so quickly.”
A boy who struggled to read even a few sentences at a time soon filled in his notebook with spells he could cast, and he was able to read them verbatim. Another boy who was completely disengaged from school surprised Wells by filling out a complicated character creation sheet for the game by himself.
“This is something that just could not have happened any other way,” Wells said. “For those kids, we were just looking for any kind of growth, and the growth measure was incredible.”
Wells also has a YouTube channel where he provides instruction for other teachers looking to implement D&D in their classrooms.
“I get to see friendships form and whole groups of kids who get along that wouldn’t normally get along and hang out,” Wells said. “The culture of my classroom feels like a warm blanket that just came out of the dryer. We all get along and they do what’s required of them and they help each other out. It’s just really neat.”
Senate Ed. Sends Three Bills to 41st Day
Three bills subverting local control of school districts were defeated by the Senate Education committee.
SB 155
Senate Bill 155 would “permit” the school districts, Board of Regents, and the Board of Technical Education to play an Honor Song at graduation upon a student’s request.
ASBSD opposed the bill.
ASBSD Executive Director Dr. Douglas Wermedal said that school boards do not rise in opposition of the concept, but in opposition of the place and time.
“It is a matter for the individual districts to engage,” Dr. Wermedal said.
District 7 Sen. Tim Reed said a mandate could cause problems.
“Several concerns with this, the biggest is all the other groups … that may say ‘I want this song played,’” Reed said. “If you do it for one group you really should be doing it for other groups.”
The bill was killed in committee on a 4-2 vote.
SB 159
Senate Bill 159 would prohibit schools from using certain mascots and team names that are derogatory toward Native Americans.
“This mascot thing has been in the news for some time,” District 26 Sen. Shawn Bordeaux testified, adding that most of the schools he said used derogatory mascots have since changed.
He continued, “it’s time that South Dakota fall in line and we get rid of the one or two South Dakota schools” that still have these mascots … It kind of took care of itself without needing a bill. It’s nice to see that dialogue is happening. I don’t know that it’s happening fast enough.”
ASBSD opposed the bill.
ASBSD Executive Director Dr. Douglas Wermedal testified in opposition, noting Bordeaux’s testimony that the problem has taken care of itself without the need of a law.
“The messages get sent, the dialogue occurs, and the changes are made,” Dr. Wermedal said. “Mascots have, in fact, been altered or discontinued altogether.”
Dr. Wermedal also pointed out the standard for what is derogatory is subjective.
“I don’t necessarily know that we need a law” to make the change,” District 7 Sen. Tim Reed said.
The bill was defeated on a 4-2 vote.
SB 161
Senate Bill 161, according to the bill’s language, would incorporate Oceti Sakowin Essential Understandings in the social studies curriculum.
ASBSD opposed the bill.
ASBSD Executive Director Dr. Douglas R. Wermedal testified in opposition to the bill because Oceti Sakowin Essential Understandings are noted extensively throughout existing social studies standards. ASBSD also supports districts’ ability to set standards on a local level.
Other senators questioned whether curriculum in general should be put into law.
“I do kind of wonder if we set a precedent” by putting standards into law which currently there are none in statute, District 19 Sen. Kyle Schoenfish said.
The bill was killed 5-2 by the committee.
Dakota Dreams Career Exploration camps return!
We are excited to offer another summer of Dakota Dreams Career Exploration camps for rising 7th and 8th grade students! Applications are now open through March 31, so please help us share the news with students and parents. Check out our Spread the News Promotional Toolkit that includes a templated parent letter and social graphics.
Find basic information below:
At Our Dakota Dreams Career Exploration Camps, students can take charge of their future and have a blast doing it. Incoming 7th and 8th graders can join our free, five-day career camp this summer. They’ll explore exciting careers, meet professionals and dive into hands-on activities that unleash creativity and ignite passion. With more camps than ever, there’s more reason to join. Help spread the word to your students and learn more at Our Dakota Dreams.
2024 Career Camps Dates and Locations:
June 16-20, 2024 | University of South Dakota + Southeast Technical College
June 23-27, 2024 | University of South Dakota + Southeast Technical College
July 7-11, 2024 | Black Hills State University + South Dakota Mines + Western Dakota Technical College
July 7-11, 2024 | Northern State University + Lake Area Technical College
July 7-11, 2024 | South Dakota State University + Mitchell Technical College
July 14-18, 2024 | Black Hills State University + South Dakota Mines + Western Dakota Technical College
July 14-18, 2024 | Dakota State University + Mitchell Technical College
July 14-18, 2024 | Northern State University + Lake Area Technical College
July 14-18, 2024 | South Dakota State University + Lake Area Technical College
Find the application form here. Each camp will accept 100 participants. The deadline to apply is March 31. Students are expected to be notified of acceptance via email by mid-April 2024. If availability is limited at a particular site, preference will be given to students from school districts categorized as Title I or as having high absenteeism during COVID.
The Dakota Dreams Career Exploration Summer Camps are a partnership of the South Dakota Board of Regents, South Dakota Technical Colleges, South Dakota businesses and industry, and the South Dakota Department of Education (DOE). The camps are funded with federal dollars available to DOE through the American Rescue Plan Act.
If you have questions, please contact S.D. Board of Regents System Academic Program Manager Molly Weisgram at molly.weisgram@sdbor.edu or at 605-773-3455.
Senate Health Committee Sends Two Bills to Day 41
Two bills dealing with schools were defeated by the Health & Human Services committee.
SB 100
Senate Bill 100 would prohibit the state Department of Health from adding new immunization requirements for children attending public school.
“I believe the (vaccination) process is political already,” District 30 Sen. Julie Frye-Mueller said. “Many people are skeptical. We’ve had a lot of children die. What’s in those shots?”
ASBSD Director of Policy & Legal Services Jessica Filler testified against the bill.
“Schools are a safe place for kids … parents send their kids to schools knowing that their kids won’t contract measles, mumps, etc.,” Filler said. “Schools trust [S.D. Department of Health] to know which vaccines will be the correct ones to add.”
Filler also pointed out that state DOH didn’t push for COVID-19 vaccines to be added to the list of required immunizations.
Beth Dokken, division director of family and community health for state DOH, said there’s already a “robust process” for adding vaccines to the list.
Dr. Dan Heinemann from the South Dakota Academy of Family Physicians said current medical and religious exemptions are adequate for those who choose not to vaccinate.
“We think you should keep the current process in place,” he said.
The bill was defeated by the Senate Health & Human Services committee on a 5-1 vote.
SB 101
Senate Bill 101 would prohibit certain physical examinations or screenings in a school district without parental consent.
“Why are [schools] scheduling appointments?” asked Sen. Frye-Mueller, the bill’s prime sponsor. “If there’s a medical problem with a student … they have to contact the parents. [The schools] don’t need to schedule an appointment with a doctor.”
Sonja Vanderwick, testifying on her on behalf, said there’s been an “accelerated assault” on health freedom and that SB 101 will safeguard the overreach from schools regarding student health.
South Dakota High School Athletic Association Executive Director Dan Swartos questioned whether athletic training services constitute medical examinations.
“[SB 101] creates an overly broad and almost unenforceable law,” he said.
ASBD Director of Policy and Legal Services Jessica Filler testified there’s always parental consent obtained in instances of medical procedures.
“This isn’t a problem in South Dakota,” Filler said. “Students are not receiving invasive medical examinations … Anytime schools administer prescription or non-prescription medication to the student” the parent has to sign off on that procedure.
Justin Bell from the South Dakota Medical Association said the current law already protects students and parents.
“It’s hard to know what problems we’re fixing here,” District 17 Sen. Sydney Davis said.
District 9 Sen. Brent Hoffman noted the bill is “fraught with problems” and said he couldn’t support it.
District 21 Sen. Tobin said she has not heard from her constituents about this being a problem, adding that she gets a call from the school to come and give her kid Tylenol.
Senate Health & Human Services committee members defeated the bill 7-0.
Senate Sends School Door Supervisions Mandate Away
A bill mandating certain security measures in school buildings was defeated on the Senate floor after clearing the committee process.
SB 103
Senate Bill 103 would require schools to have a district employee present at unlocked exterior doors when students are present, and requires locked exterior doors to be monitored through a video surveillance system when students are present.
The bill also mandates the state Department of Public Safety operate a school safety tip line.
ASBSD opposed the bill.
ASBSD Executive Director Dr. Douglas R. Wermedal testified in opposition, telling the Senate Education committee that locked doors are already a routine practice in public schools, and that school safety plans are reviewed annually. He also pointed out state DPS already runs a school safety tip line, Safe2Say.
“This bill is unnecessary because this is already occurring,” Dr. Wermedal said. “And putting this into statute won’t necessarily make schools safer, but will create additional liability.”
District 9 Sen. Brent Hoffman, the bill’s prime sponsor, acknowledged the bill could increase schools’ liability, but argued no school has been found liable for a school shooting that he was aware of.
“Schools are already doing most of this,” Sen. Hoffman said. “Many schools, a fair number, aren’t even aware the (Safe2Say) tip line exists. It should be standardized statewide. This is effective policy.”
Diana Miller, lobbyist for the large schools group, said SB 103 is more than policy and mandates actual procedures schools must put in place.
“We have different safety protocols” at every school “depending on size of the size” of the district, Miller said.
The Senate Education committee passed the bill on a 7-0 vote.
On the Senate floor, senators passed an amendment adding school resource officers to individuals allowed to monitor unlocked doors.
“The policies, again, are evidence-based and implementable,” Sen. Hoffman said. “South Dakota would be one of the first states to take a proactive approach to school shootings.”
District 16 Sen. Jim Bolin said the bill has “some fundamental problems” for schools, noting that having someone physically present at the door of each building may be “unworkable” for some districts.
“This is going to go into the law … it’s just not wise to put this type of a situation into law,” Sen. Bolin said. “Give the school districts some flexibility. They’re going to accomplish their responsibilities.”
District 2 Sen. Steve Kolbeck compared the cost of the measures in the bill to adding fire extinguishers throughout school buildings.
“I would think they could just take a little bit of that money from my property taxes … and put it toward this bill,” District 25 Sen. Tom Pischke said.
SB 103 was defeated on the senate floor (16 Y, 15 N) after failing to reach a majority.
Two K-12 Bills Sent to the Senate
Two K-12 school bills passed from the House to the Senate.
HB 1187
House Bill 1187 would create a one year career and technical educator permit. The purpose of the bill is to fill instructor positions when schools are unable to hire certified educators.
To be eligible for the permit, an applicant must hold a high school diploma or equivalent and have an associate of applied science degree in a related field, 2,000 hours of work experience in the previous three years, or have a national or state certification in a related field.
ASBD supports this bill, which would bring in practical workforce skill sets to schools, fill open positions, and enrich the curriculum, Executive Director Dr. Douglas R. Wermedal testified.
State Department of Education Secretary Joseph Graves acknowledged the workforce shortage, but said this isn’t the bill to address it.
“Certification issues have always been dealt with in rules rather than statute,” he said, warning that the bill could restrict DOE from making changes.
Graves suggested hiring instructors as long-term substitutes, who can only be employed for three months at a time, instead.
The bill passed the House Education Committee on a 14-0 vote.
On the House floor, District 4 Rep. Stephanie Sauder spoke in support of the bill, arguing the bill would make it easier to get knowledgeable instructors in classrooms, and that school boards and administrators will seek reputable and knowledgeable individuals in their communities.
The House of Representatives passed the bill on a 67-0 vote and it now moves to the Senate Education committee.
HB 1197
House Bill 1197 is an act that would require libraries and school boards to publish, either on the library/ district website or in a newspaper, policy restricting minors from accessing obscene matter or materials.
In the House Education Committee, State Department of Education Secretary Joseph Graves testified in support, saying the bill was “designed to make it clear what parents can expect from our public schools and public libraries.”
Ben Sherman, South Dakota citizen, testified in opposition, saying he thinks the bill brings in “too much government.”
“It’s the parents’ job to make sure their kids aren’t bringing home books they shouldn’t,” he said.
District 11 Rep. Brian Mulder said the bill was a good step.
“We’re not going to develop a silver bullet … to tackle this topic,” he said.
The committee passed the bill 14-0.
“I am not telling you that this is going to fix everything, [but it’s a start],” District 18 Rep. Mike Stevens, the bill’s prime sponsor, said on the House floor.
The House passed the bill 67-0 and it awaits hearing in the Senate Education committee.
Coming Up: FREE Legislative Action Network Update Webinars
ASBSD will hold four, FREE LAN Update webinars to provide updates from the 2024 legislative session and discuss the advocacy strategies for LAN members.
Join ASBSD Executive Director Dr. Douglas R. Wermedal and Director of Communications Tyler Pickner at one or more of the LAN Update Webinars, which begin at 7 p.m. (Central), to learn more about all that’s happening at the Capitol thus far, with dates including:
- Wednesday, February 14 at 7 p.m. (Central)
- Wednesday, February 28 at 7 p.m. (Central)
- Wednesday, March 6 at 7 p.m. (Central)
To register for any of the FREE webinars, click on the link for the corresponding date you’d like to attend above, complete the registration form and on the corresponding email you receive, click the link to join the webinar shortly before 7 p.m. (Central).
Board member attending a webinar earn 25 ALL points!
You can also stay up-to-date on session:
· By visiting the ASBSD Bill Tracker page to find ASBSD’s positions on, a summary for, current location of and most recent update to bills throughout session. Bill Tracker will be updated almost daily, so check it often.
· Read the ASBSD newsletter for in-depth recaps of the bill hearings.
· Head to the Documents webpage for data and information on legislative relevant materials.
· Finally, check out the Legislative Cracker Barrels list for a schedule of the upcoming weekend events where you can meet and listen your local legislator discuss the latest legislative topics.
If you have questions about the webinars or need assistance registering, please contact me.
Two School-Related Bills Referred to Appropriations
Two school-related bills were recently referred to the Appropriations committees.
HB 1201
House Bill 1201 would appropriate $800,000 to the state Department of Education to continue the teacher apprenticeship pathway program.
District 7 Rep. DeGroot said 299 people applied for the pathway program which was set up for only 60 paraprofessionals to become fully-certified teachers.
“Our kids and grandkids deserve the best teachers we can give them and this pathway will help,” Rep. DeGroot said.
ASBSD supports this bill.
Executive Director Dr. Douglas R. Wermedal said the pilot program has shown promising results amid the teacher shortage, and said the $800,000 investment has suitable protections on it to ensure it meets the need.
District 26A Rep. Eric Emery said the program could “open more doors to closing the gap” on the student to teacher ratio.
The bill was referred by the House Education committee to House Appropriations on a 14-0 vote.
HB 1238
House Bill 1238 would reimburse school districts for costs incurred in providing reduced-price meals to students. The bill would make eligible students who don’t qualify under the National School Lunch Program or the School Breakfast Program to receive reduced-priced meals. If a student’s family income is less than 209% of the poverty line, the student qualifies.
“Even with all of the different federal programs out there … South Dakota has the highest child food insecurity rate,” said District 14 Rep. Tyler Tordsen, the bill’s prime sponsor.
“This is an important issue,” said Sandra Waltman, South Dakota Education Association’s director of public affairs. “Child nutrition is one of the major things they see in our schools that is impacting their ability to learn.”
Bureau of Finance and Management Commissioner Jim Terwilliger opposed the bill, citing fiscal impact.
“We’re kind of going a step above and beyond of a federal program,” he said. “Fiscal impact on this … a $1 million to $1.5 million range ongoing.”
Terwilliger said he didn’t have good data based on income eligibility and told the committee the estimate is an educated guess.
“When the BFM commissioner stands up here and can’t give me a firm answer … there’s just too many unknowns in this bill,” District 7 Rep. Roger DeGroot said.
The House Education committee referred the bill to House Appropriations on an 8-6 vote.
Attend a legislative cracker barrel!
Legislative Cracker Barrels in your area offer access to your local legislators, as well as the chance to hear their answers on a variety of legislative topics.
Below you will find a list of dates and locations of legislative cracker barrels being held throughout South Dakota that have been posted thus far.
Please send any dates and locations of legislative cracker barrels in your area that are not listed below to Tyler at tpickner@asbsd.org and we will add them to the list, which is still being and will be updated throughout session.
Aberdeen:
In the Kessler’s Champions Club in the Barnett Center on the NSU campus from 10 a.m. to 12 p.m.
· Saturday, February 24
Brookings:
In the third floor chambers of the City/County Government Center beginning at 9:30 a.m.
· Saturday, February 17
Corsica
At the American Legion at 1 p.m.
· Saturday, February 17
Deadwood
At Deadwood Mountain Grand from 11 a.m. to 12 p.m.
· Saturday, February 24
Gettysburg:
Beginning at 2 p.m. with location TBD.
· Saturday, February 17
Hot Springs:
At the Mueller Center beginning at 2 p.m.
· Saturday, February 17
Huron:
At City Hall from 9 to 10 a.m.
· Saturday, February 24
Madison:
Held virtually on the Greater Madison Area Chamber of Commerce Facebook page at 9 a.m.
· Saturday, Feb. 17
Mitchell:
At the DWU School of Business in Lecture Hall 103 from 12 to 1 p.m.
· Friday, March 1
Piedmont:
Piedmont Valley American Legion Post from 1:30 to 4 p.m.
· Saturday, February 17
Platte:
At Pizza Plus at 4:30 p.m.
· Saturday, February 17
Rapid City:
In the Event Center at the Western Dakota Tech campus from 9 to 11 a.m.
· Saturday, February 17
· Saturday, March 2
Redfield:
At the Depot beginning at 2 p.m.
· Monday, February 19
Sioux Falls:
At Hamre Recital Hall on the Augustana University campus from 9:30 to 11:30 a.m.
· Saturday, February 17
Stickney:
At the Stickney Gym at 10 a.m.
· Saturday, February 17
Sturgis:
At the Meade County Erksine Building from 9 to 11 a.m.
· Saturday, March 2
Watertown:
At the Codington County Extension Complex with times listed below:
· Saturday, March 9 from 10 to 11 a.m.
Yankton:
In the City Commission Room at the CMTEA building beginning at 10 a.m.
· Saturday, March 2
Three Bills Fail to Receive Support In Committee
Three bills failed to receive support in recent committee hearings.
HB 1216
House Bill 1216 would create the local assistance fund and provide for the transfer of certain unobligated cash balances.
ASBSD supported this bill.
ASBSD Director of Policy & Legal Services Jessica Filler said the bill would provide another funding source to schools based on enrollment.
“Schools rely on two funding sources: state aid and local effort,” Filler said, also noting how the bill would help with rising costs from inflation and help keep teacher pay competitive.
Derek Johnson, chief budget analyst at State Bureau of Finance and Management, said the bill limits the legislature’s ability to to appropriate funds, and called for the bill to be killed to “avoid debt.”
District 29 Rep. Kirk Chaffee said the bill has both good and bad aspects, and that he wants a plan to put this in place in the future.
The bill was killed 9-2 by the House State Affairs committee.
HB 1134
House Bill 1134 would change the school funding formula to use an average fall enrollment of the last three years instead of just the previous year.
“[This bill] offers local school districts the ability, in a managed and controlled way… to plan for the changing needs in their school district,” District 10 Rep. Cameron Nelson said.
ASBSD supported this bill.
Executive Director Dr. Douglas R. Wermedal told the House Education Committee the bill “proposes a feasible method to generate (school) funds,” and can help bring more resources to the table to increase teacher salaries.
Coy Sasse, director of business and support services at Rapid City Area Schools, agreed.
“District expenditures are largely contracted and locked in prior to the school year starting,” he explained. “It’s difficult to try and reduce expenditures during the course of one year … if that enrollment takes a downturn, there’s really no time for a district to prepare for that revenue loss.”
State Department of Education Secretary Joseph Graves testified in opposition, noting a $14 million cost estimate from the general fund.
‘[The bill] pays for students who aren’t in the classroom,” Sec. Graves said.
He later added that “competition is good for the education marketplace.”
District 33 Rep. Phil Jensen spoke out against the bill because he said it “ignores the why of student decline.”
The House Education committee defeated the bill on a 13-0 vote.
HB 1189
House Bill 1189 would prohibit the use of public funds for campaigning or partisan activities.
“Public funds should not be used for lobbying,” District 35 Rep. Tina Mulally, the bill’s prime sponsor, testified. “This is a widespread problem … Sioux Falls School District even hires their own lobbyist … It’s time to level the playing field and make public servants do their job instead of asking for handouts.”
Nathan Sanderson, executive director of the South Dakota Retailers Association, told the House State Affairs Committee that the bill would have unintended consequences.
“The state of South Dakota takes positions on legislative measures at the federal level all of the time,” he said.
ASBD opposed this bill.
ASBSD Director of Policy and Legal Services Jessica Filler told the committee that the bill would do a disservice for many towns and cities in the state where the school district is the biggest employer.
“This bill would prohibit a school employee in their professional capacity from contacting a legislator” and advocating for or against legislation, she said. “It would prohibit schools from informing voters about bond issues.”
District 24 Rep. Will Mortenson also opposed the bill, saying that it would eliminate a lot of the public’s speech on legislative matters.
“More speech is better,” he said. “This bill makes it so that the only lobbyists that would be in here are special interest lobbyists.
The committee killed the bill on a 9-1 vote.
Multi-Hazard Emergency Planning for Schools
Monday, Apr 15, 2024, 08:00 AM
Vermillion, SD, USA
Apply for the ASBSD School Board Leadership Academy
You’ve been elected to the school board and have experience in how school boards operate, but are you a leader on your board, in your school and community?
Want to enhance your leadership skills, and learn how to lead with purpose? ASBSD is excited to announce the creation of the School Board Leadership Academy (SBLA).
Click here to download the application.
This dynamic course is designed to enhance the leadership skills of school board members. Each session is designed to foster self-reflection and gain new expertise about leadership as well as how to apply that knowledge to their school board work.
Three in-person sessions along with three online meetings, will bring a cohort of 25 current school board members together to learn about leading their school boards and community. Guest speakers, with extensive leadership experience, case studies designed to engage participants in deep conversations, and lessons on effective leadership strategies will engage the cohort in lively meaningful discussions regarding effective leaders do. The course will be facilitated by former ASBSD Executive Director, Dr. Wade Pogany.
SBLA outcomes for the course; participants will:
- Learn about key principles of effective leadership, and how to apply them.
- Interact with guest presenters, learning from their leadership experience.
- Learn the importance of student achievement as a core purpose of schools, understand the fundamentals of student achievement and the need for leadership of student learning.
- Learn essential skills of working as a team.
- Learn how leadership is about change and how to affect change.
- Understand how to lead with purpose.
- Reflect on their own leadership experience and share with others.
- Participants will be asked to create and present a leadership project of their own choosing that demonstrates an activity designed to enhance the goals of their school board and school district.
The course will begin in May, 2024, and continue through January, 2025.
The tentative dates being considered:
- Session #1 (online); March 27, noon to 1:00 (1 hour)
- Session #2 (face-to-face in Pierre); May 8, session runs 10:00am to 3:00pm (5 hours)
- Session #3 (face-to-face in Pierre); August 14, session runs 10:00am to 3:00pm (5 hours)
- Session #4 (face-to-face in Pierre); Nov 7, session runs 10:00am to 3:00pm (5 hours)
- Session #5 (online); Dec. 5, noon to 2:00pm (2 hours)
- Session #6 (online); Jan. 8, noon to 2:00pm. (2 hours)
Click here to download the application.
The first cohort will be selected based on:
- Applicant must be a current school board member serving from May 2024 to February 2025.
- School board members must have, or will have at least 2 years of service as a South Dakota school board member by July, 2024.
- School districts must agree to pay for all transportation, travel costs and fees associated with the Leadership Academy. Course fee is anticipated to be $500.
- Participants must commit to 3 in-person sessions and 3 online sessions as well as a capstone project at the end. University credit will be available.
For more information, contact ASBSD Executive Director Dr. Douglas R. Wermedal at dwermedal@asbsd.org or to Dr. Wade Pogany at wpogany.DEC@gmail.com.
Two Bills Find Favor
Two bills found favor on their legislative journey recently.
HB 1236
House Bill 1236 is an act to recognize students known as Rushmore State Athletes upon demonstrating prescribed levels of physical fitness.
The House Education Committee passed an amendment from District 16 Rep. Kevin Jensen, which he said makes HB 1236 into a “more permissive” bill.
“It’s not a mandate, but it originally could be perceived that way,” he said about the updated language.
District 11 Rep. Brian Mulder spoke in support.
“When a student accomplishes some physical goals, they experience confidence and that confidence carries over.”
ASBSD is monitoring the bill.
The House Education committee passed the bill 13-1.
HB 1245
House Bill 1245 revises provisions related to the custody of an alleged delinquent child before and after a temporary custody hearing. A new section allows the court to order for a juvenile to remain in custody for a reasonable period after a temporary custody hearing if the state shows prima facie that releasing the child puts the public at risk.
Lyman County State’s Attorney Steve Smith testified in support of the bill, telling the House Judiciary Committee about an incident when a child threatened violence on a school and was taken into custody. However, current law prohibits the child from being held more than 24 hours before a hearing is held.
“In the context of this case, all he did was use a threat,” Smith said. “We felt we were incapable of doing what he needed to protect [the school and community due to current statute].”
Smith urged the committee to pass the bill so law enforcement has the time to investigate further.
Rob Monson, executive director of School Administrators of South Dakota, agreed.
“I think this is a good tool for a judge to have” to keep violent students out of hallways, Monson said.
ASBSD is monitoring the bill.
The bill passed the committee and House of Representatives unanimously.
Important School Law Topics being covered by our School Law webinars.
Tuesday, Feb 13, 2024, 12:00 PM
2024 ASBSD Board of Director Election Information
ASBSD Director of Communications Tyler Pickner
The 2024 election cycle for the ASBSD Board of Directors has begun and school board members from your district can run for election in the region and enrollment category in which your district is in.
Those region and enrollment categories include:
Central region with enrollment 265 & Under:
- Agar-Blunt-Onida, Bowdle, Burke, Colome Consolidated, Edmunds Central, Eureka, Gettysburg, Herreid, Highmore-Harrold, Hoven, Jones County, McIntosh, Selby Area, Smee and South Central
Central region with enrollment 1,400-9,999:
- Pierre and Todd County
Northeast region with enrollment 1,400-9,999:
- Aberdeen, Brookings, Huron and Watertown
- Brandon Valley, Harrisburg, Mitchell, Tea Area and Yankton
- Bennett County, Haakon, Hill City, Kadoka Area, New Underwood and Wall
Eligible board members interested in running for a four-year term on the Board of Directors can click here to download the Announcement of Candidacy form, and return it to ASBSD by Tuesday, February 20. Only one member from a school board may serve on the ASBSD Board of Directors.
Send completed forms to ASBSD Executive Secretary Katie Mitchell-Boe by email to katie@asbsd.org, by fax to 605-773-2501 or by mail to ASBSD at P.O. Box 1059, Pierre SD, 57501. Only one school board member per district may sit on the ASBSD Board of Directors.
If you have questions, please contact me at tpickner@asbsd.org or at 605-773-8382.
Two School Election Bills Heard by Committee
HB 1162
A bill mandating the dates on which school board elections can be held remains deadlocked in House Local Government.
House Bill 1162 is an act to require school board elections be held on the same day of the general election in November or primary election in June, which the bill’s prime sponsor, District 6 Rep. Aaron Aylward, claims will save taxpayers’ money while increasing turnout.
“It could have a fiscal impact of $122k of savings to the school districts,” he told the House Local Government Committee.
The new bill would also remove the requirement for districts to publicize elections.
“I would say it does (take away local control) a little bit,” Aylward said. “With the benefit of getting more voters there … I do think it’s worth it.”
ASBSD opposes this bill, which if passed would erode local control, potentially require board members to take office midyear, and risks politicizing school board elections.
“What you may have is a decreased voter turnout” for the school election because the primary date is generally reserved for Republicans, said ASBSD Director of Policy & Legal Services Jessica Filler.
Filler also noted that section 6 of HB 1162 would extend board terms if a school board schedules its annual election in November. Elected members would assume their position at the next regularly scheduled meeting.
“The school districts know when that election date best fits for them and we think the process if working very well,” Filler told the committee. “We would say the negative impacts of this bill far outweigh the $123,000 approximately in savings.”
S.D. Association of County Officials Lobbyist Roger Tellinghusen said the new bill will create problems for county auditors.
“There is potential that voters will have to vote in two separate locations,” he explained.
District 32 Rep. Becky Drury said the bill goes too far.
“We all want people to vote, [but you can’t make them],” she said.
The House Local Government took three votes – one to pass, one to defeat and one to send the bill to the House floor without recommendation – each ending in a 6-6 vote and no resolution to the matter.
The bill is scheduled to be discussed and voted on again at their upcoming meeting on Tuesday, February 13.
HB 1164
Another bill mandating election dates of school districts, this time for bond elections, found its way out of committee.
House Bill 1164 is an act that would require school boards to hold a bond election at a primary or school general election.
“I firmly believe more people should turnout [for a bond election],” said Rep. Aylward, the bill’s prime sponsor. “Pump the breaks, slow things down a little, and save the taxpayers a little bit of money.”
ASBD opposes this bill, which will affect the district’s ability to “be nimble and pivot” to get construction projects started, Director of Policy and Legal Services Jessica Filler testified to the House Local Government Committee.
“Be mindful of the construction season we have in South Dakota,” she said. “The timing of the bond elections is critical.”
Filler also noted two bond elections in 2023 held outside of the June or November election windows garnered more than 50% voter turnout.
“Schools do a great job in publicizing dates of their bond elections,” she said.
District 2 Rep. John Sjaarda supports the bill because he says it gives landowners a voice in elections they may not otherwise know about.
District 34 Rep. Becky Drury opposed the bill.
“We’re taking that flexibility away from them completely,” she said.
The House Local Government committee passed the bill on a 9-3 vote, but the bill was defeated on a 28-40 vote on the House floor.