Highlights & Insights
January 26, 2024
A Look Back at South Dakota’s 99th Legislative Session
By Douglas R. Wermedal, PhD
ASBSD Executive Director
The 99th Session of the South Dakota Legislature has adjourned.
While this session was not the busiest on record in terms of bill volume, the 2024 session did constitute a record for the number of bills on which ASBSD took a position, provided testimony or conducted lobbying activities with 40 of the 66 total bills tracked falling into one of those three categories.
Simply put – what a ride.
This issue of the newsletter will provide details on most educationally relevant bills. Please note as “results” of the session are discussed, the governor is actively considering which bills she will sign, which she will not, and which she may veto.
You can continue to check ASBSD’s Billtracker site: https://asbsd.org/services/billtracker-2/ and get the latest on what the governor has signed. The 38th legislative day on March 25th is when Session would re-convene to consider any vetoes which may occur between now and the 38th day.
That said, the overall results of the 99th Legislative Session are good, with some qualifiers.
ASBSD helped advance legislation which will enhance instruction and service to students such as:
· HB 1022: reading literacy training
· HB 1187: CTE instructor permit
· HB 1201: expanding the Teacher Apprenticeship Pathway
· SB 1: including school counselors in tuition reduction programs to enhance their credentials
There were also bills supporting school boards in SB 146, which provides for a penalty for threatening a school board member, HB 1055, which updated the valuation of surplus property which can be disposed of without engaging a cumbersome and expensive bidding program, and of course, SB 51, which provided for the 4 percent increase in the state aid formula.
ASBSD also helped turn aside some legislation that would have had profound negative impacts on public schools, including:
· HB 1250: a voucher program
· HBs 1162 and 1164: mandating school board and bond election dates
· HB 1181: doubling the number of years a property development project could stay outside funding formulas
· SBs 34 and SB 103: mandating school sentinels and door monitoring programs.
It is important to note that certain elements of any of these bills may be positive within a given district and it is the “mandated” nature of the requirements which drew opposition from ASBSD.
At least two of the items of legislation passed has ASBSD developing guidance in the upcoming months for your school board to consider in HB 1197, which requires measures to restrict the access of obscene materials by minors, and SB 203, which permits an individual who is 21-years or older and has an enhanced concealed carry permit to possess a weapon on school grounds if granted permission from the school principal or “other person who has general control and supervision of the building or grounds.”
Top of mind for most districts as they enter negotiation season will be SB 127 the teacher compensation and salary accountability bill.
SB 127 establishes a minimum teacher salary of $45,000, includes an annual increase to that figure based on what is appropriated for the state aid increase and requires compliance by the 2026-27 school year.
For example, starting with the $45,000 base salary established in the 2024-25 school year, the minimum teacher salary would increase by 4 percent to $46,800 in the 2025-26 school year and to be compliant with the accountability for the 2026-27 school year, all teachers in your district must earn a minimum teacher salary of $48,204.
The $48,204 is a hypothetical assuming the increase provided by the legislature to state aid next year is 3 percent.
SB 127 also updated the average teacher compensation accountability. Districts will also be required to annually increase their district’s average teacher compensation by the increase provided in state aid. Language in the bill endeavored to mitigate and preserve some operational freedoms for districts.
It is also important to remember the School Finance Accountability Board remains intact and school districts unable to meet one or both accountabilities have the opportunity to apply for a waiver from the board.
ASBSD advocated for an alternative version of SB 127 bill, which would have included the same $45,000 minimum salary but would have provided for a sunset and a two-year look back on the average compensation. ASBSD language would have given districts more reasonable financial planning parameters and still established the top starting teacher salary in the region if not the country.
ASBSD is sponsoring a Negotiations/Collective Bargaining webinar this Wednesday, March 13 at Noon (Central) to further delve into the requirements for and impacts on negotiations and collective bargaining. Registration details for the webinar can be found here: https://asbsd.org/wp-content/uploads/2023/12/Complexities-of-Negotiations-Collective-Bargaining-explained-in-upcoming-webinars.pdf.
The Department of Education also indicated they will provide detailed information to districts on maintaining compliance with SB 127 B later this week.
Having completed my first session as Executive Director I can confidently assert several observations but will limit myself to just one in this space. Successful lobbying is always an ensemble effort.
This ensemble effort begins at the grass roots level with local school board members. Your representatives on ASBSD’s Board of Directors and your commentary through your local representatives at Delegate Assembly are the beginning of that process. That’s how important your work is to the successful outcomes reported above. During session, ASBSD’s team meets daily to consider the particulars of emerging legislation and how to best respond within the parameters of the process.
I am genuinely grateful for effort of each individual along the way to shaping the best possible educational environment for our students.
Work will continue on what did not go our way between sessions as we prepare of the 100th session of the South Dakota legislature in 2025.
Post-Session: Impact on Collective Bargaining & Negotiating Wages webinar
Wednesday, Mar 13, 2024, 12:00 PM
State aid increase approved by legislature
Public schools are set to receive an increase of 4 percent in state aid for the 2024-25 school year.
Senate Bill 51 is an act to revise property tax levies for school districts and adjust funding formulas.
The bill set the commercial property tax levy at $5.544 per $1,000 of value, agriculture at $1.197, and owner-occupied at $2.679.
Morgan Grubele, chief budget analyst at Bureau of Finance and Management, told Joint Appropriations committee members the bill increased the target teacher salary to $62,045.62.
“We’re increasing the funding for the target teacher salary by about 4 percent,” said BFM Commissioner Jim Terwilliger. “While the levies are going down, that doesn’t necessarily mean everybody’s property taxes are going down because of valuation.”
“It’s important for people to understand [levy setting] is done here at the state level (and not by the local school district),” District 16 Sen. Jim Bolin said.
ASBSD supports SB 51, which Executive Director Dr. Douglas Wermedal said will fulfill “the commitment from the legislature and school boards to fund teacher compensation and salary increases.”
“This appropriation represents support for the 138,000 kids served by public education,” he continued. “...This will fulfill [(the commitment) from the legislature and school boards to fund the teacher compensation and salary increases.”
The bill was passed 17-0 by the Joint Appropriations committee, the Senate passed SB 51 32-1 and the House approved the bill on a 69-1 vote.
Teacher pay accountability bill bound for governor's desk
Legislators reached a conclusion on a teacher compensation and salary accountability bill.
Ultimately, the legislature agreed to establish a minimum teacher salary of $45,000, with annual increases to that figure based on what is appropriated for the state aid increase and requires compliance by the 2026-27 school year and updated the average teacher compensation accountability with districts required to annually increase their district’s average teacher compensation by the increase provided in state aid. Language in the bill endeavored to mitigate and preserve some operational freedoms for districts.
The School Finance Accountability Board remains intact and school districts unable to meet one or both accountabilities have the opportunity to apply for a waiver from the board.
Here’s how the legislature reached that final product.
HB 1048 was a mandate that schools pay teachers a salary above a set minimum of $45,000 per year. The bill also mandated schools raise teachers’ salaries annually by a rate equal to the finance formula.
During HB 1048’s hearing in the Senate Education committee on Feb. 29, District 5 Sen. Hugh Bartels said if every school district is able to reach the standard, “there’s no accountability.”
“The accountability board always worked with every school district” to come to solutions for problems, he continued, citing past issues.
District 13 Rep. Tony Venhuizen also spoke on the bill, telling the committee that the schools have time to comply with the mandates in HB 1048 and that schools with declining enrollment and increasing staff members will have to streamline.
“If you have a plan that every district likes, then it’s not a good plan,” he said. “We got to keep a little tension in the deal.”
State Department of Education Secretary Dr. Joseph Graves called current accountability “meaningless” and said there’s a necessity to update the language to improve teacher recruitment and retention efforts.
Graves said it’s important that both a minimum teacher salary and annual increase mandate are included in HB 1048 because “if you only increase the minimum teacher salary or you do the [annual raises] in such a way that it is meaningless, you will not be moving the vast majority of teachers in South Dakota upward because the measure will be so simple to meet that it won’t have the actual impact that we want to have.”
Graves also said he was concerned about discussions of bringing sunsets into the bill.
“If we sunset too fast, that means in order for us to have any measure at all we will have to be pretty severe,” Graves explained. “What I’d rather see is a longer time period … because then we can work with districts” and see how much closer they can get to the minimums.
Sandra Waltman, director of public affairs at South Dakota Education Association, said HB 1048 is closest to the bill her members want.
“To us, accountability helps us with transparency and explaining how money moves in the formula and how it makes its way to our teachers’ pockets,” Waltman said. “If we don’t have accountability, it becomes very difficult for us to make that explanation.”
Diana Miller, lobbyist for the large school group, said she’d still like to see some changes.
“If you think one bill, in one or two years, is going to move us up [in national teacher rankings], it’s not,” she said. “It’s going to take some time.”
Miller expressed optimism about the accountability board working with districts unable to meet some of the goals.
She continued, “Is everybody going to be a winner? No. Is everybody going to hurt a little bit? Yes.”
Mitch Richter from the United School Association said HB 1048 is “about 75 percent of the way there.”
“We disagree a little bit with the notion that school districts haven’t given” the money appropriated to teachers because there are figures that prove they have, he explained.
Rob Monson, executive director of School Administrators of South Dakota, said schools will not have the resources to “bring the bottom end up and the top” for teacher salaries without making other cuts.
“Support (staff) that are in the classroom … those would be one of the first things that have to go,” he said, adding that the 4% increase in funding is not actually a 4% increase for everyone once declining enrollment is taken into consideration.
ASBSD did not take a position on HB 1048, with Executive Director Dr. Douglas Wermedal telling Senate Education that continued collaboration would be essential.
Wermedal said that version of the bill provides “robust accountability,” and said with careful management, teacher pay will increase.
Rapid City resident Christine Stephenson spoke as an opponent, telling the committee that “demanding schools” pay teachers similarly to surrounding states isn’t comparable because of funding differences for those schools.
“Asking us to increase to this (amount) without providing additional funding is like squeezing water from a stone,” she said. “It’s going to be unsustainable … We can’t compete with our surrounding states in teacher pay if we don’t compete [in funding schools].”
District 7 Rep. Roger DeGroot said he suspects some schools will have to take money from their capital outlay accounts to fund the raises. He also added that he estimated the state underfunds education by about $56 million.
District 25 Sen. Tom Pischke asked how HB 1048 can work with South Dakota’s “unique” and “very vast” school districts.
“I don’t know how we can [implement] this blanket policy,” he said. “We’re really going to be tying the hands of our school boards if we pass this legislation … There are other expenses and other things that need to be taken care of … I have a hard time telling school boards, ‘you need to do this.’”
A vote to pass an amended version of HB 1048, which would have added a 2028 sunset to the mandate, failed.
Senate Education passed amendment 1048K, which specified annual raises must be at least 50 percent of the cumulative increase in state aid compensation.
HB 1048 as amended passed by the Senate Education committee on a 5-2 vote, but was tabled in the Senate 30-3 to make way for SB 127, which was a revival of House Bill 1048.
SB 127 was a vehicle bill that was filled with HB 1048’s original language after some House members expressed concern over the amended version of HB 1048 that Senate Education passed.
“We’re having some issues with others who are trying to change the purpose of this bill,” District 18 Rep. Mike Stevens said. “We need to let [school boards] understand the legislature means what it says” and the dollars appropriated must go to teachers.
District 13 Rep. Tony Venhuizen dismissed the projection that some schools may not be able to afford the increases.
“Their teaching costs are not their entire budget,” he said. “The reason teacher salaries stay low is because schools” don’t pass it on to teachers.
The House of Representatives passed SB 127 60-7.
“We’ve got some work to do on teacher pay accountability,” District 8 Sen. and Majority Leader Casey Crabtree said about the bill before the Senate voted to send it to a conference committee.
On March 4th, a conference committee consisting of Sens. Kyle Schoenfish (District 19), Bryan Breitling (District 23), and Liz Larson (District 10), along with Reps. Stevens, Rebecca Reimer (District 26B), and Speaker Hugh Bartels (District 5) went to work on finding a resolution.
In advocating for a sunset provision on the bill, Wermedal indicated unintended consequence do happen, particularly in sweeping legislation which will impact every budget and contract negotiation for every school district in the state. SB 127 is not a narrow piece of legislation; it's one that will have statewide impact for years to come.
The conference committee voted 6-0 to recommend what became the final version of SB 127.
The House of Representatives passed the bill 65-5.
On the Senate floor, Sen. Sydney Davis said the SB 127 was a result of a “tremendous amount of feedback and negotiation” that will help ward off an “impending teacher shortage.”
“It’s time for us to vote yes on this productive work,” he said.
District 16 Sen. Jim Bolin agreed.
“I’m convinced we need to pass this bill … there are young people right now contemplating” to go into teaching and this bill “tells them teaching is an honorable profession,” he said. “This bill has teeth to it, but it also has heart to it.”
Sen. Schoenfish, who sat on the conference committee and voted to move the bill to the Senate floor, spoke against SB 127.
“We need some flexibility for our schools,” he said. “This is a very big change … (that) came out very quickly.”
Sen. Schoenfish also warned that local taxes may be raised to accommodate the school spending.
District 32 Sen. Helene Duhamel also spoke against the bill.
“Thirty of our (148) school districts start in a bad place” with the bill and will need to catch up, she said.
District 27 Sen. Red Dawn Foster said the bill is “a disadvantage for (the) workforce” and “disproportionately harms rural schools.”
The Senate ultimately passed SB 127 25-9 and it awaits the signature of Gov. Kristi Noem.
Board Member Spotlight: Louann Krogman
By Jacob Boyko
ASBSD Communications Intern
Louann Krogman is an educator first.
It’s evident as soon as you meet the teacher-turned-school-board-member and ASBSD Board President that she has a perspective few others have.
It happens to be one of her greatest strengths.
Krogman has enjoyed a long career in education, serving her community as a teacher, school counselor, and most recently on her local school board.
“Louann has such a well-rounded outlook because she has worn virtually every hat at the table,” White River School Board member Gina Adrian said.
For ASBSD, Krogman’s many qualifications add up to a board president who knows all the ins and outs of education and how to get things done.
“Louann’s work throughout her time in education, on the White River school board, and most recently as ASBSD president is evidence of a deep commitment to students and the public school setting,” ASBSD Executive Director Dr. Douglas Wermedal said.
Krogman’s call to education began over forty years ago as a young woman at Illinois College in Jacksonville.
“I had graduated from college back in the days when it was just the opposite of now,” she said. “There were more teachers than there were jobs. “
That’s why when she asked her school, Illinois College, to send her resume “everywhere,” she meant it.
It wasn’t long after that when Krogman left Jacksonville for White River, South Dakota, where superintendent Dr. Donald Barnhart gave the young teacher a chance.
Louann’s childhood of moving hay bales on her parents’ small Illinois farm would soon come in handy when she met a man named Blaine Krogman, who was a rancher from the area. A couple of years later, Blaine was Louann’s husband.
Krogman's career began as a kindergarten teacher in White River, but after a couple of years, she took to a new challenge. She started working outside of town at Prairie View, a one-room country school.
“It was kindergarten through eighth grade, all in the same room, and I was the only teacher,” she explained. “They’ve all been closed [in the district], but it was one of the few that remained at the time.”
For over four decades now, White River has been home.
Krogman later went on to earn an advanced degree from Black Hills State University as a reading specialist, as well as a master’s degree from Chadron State College in school counseling.
Krogman’s adult children, Hilary, Haley, and Kirby, along with her husband, are all graduates of White River High School. They all continue to live in Mellette County, where Kirby is the state’s attorney, Hilary is the treasurer, and Haley is director of assessment.
“They’re very strict on us!” she joked. “They don’t let us get away with anything!”
The Krogmans also enjoy the company of their five grandchildren.
After years of teaching, Krogman left her job at the school to dedicate more time at the ranch with her husband. At this time, her only connection to education was through her role with the South Dakota Beef Industry Council where she’d travel the state doing classroom presentations about the importance of agriculture.
But for Krogman, being away from the classroom made her passion for education even stronger. That’s when she decided to run for school board.
“I think it is the absolute most important thing that we can do; to provide an excellent public education for our children,” Krogman explained.
She breezed through the election to a seat on the board, but needed to return to work at the school when a drought made for tough times for the ranch.
A few years later, when she was able to leave the school and return to the ranch, she once again set her sights on the school board.
This time, though, she was one of seven people running for three school board seats.
The election was competitive, necessitating Krogman to informally debate at local cracker barrels. But her work paid off, and she once again was on the board.
“I think people understood that it was important to see things from the point of view as a retired educator and a former employee of the school district,” she said about her win.
The school board process can be intimidating for new members, but Krogman said she felt right at home.
“[The school board process] was pretty familiar to me because I was president of the education association, so I attended a lot of school board meetings,” Krogman said. “I had the former president of the board say to me, ‘you’re the first person that’s ever run for the school board that’s ever been to a school board meeting before,’ which was surprising!”
“If you talk to very many school board members, some people may have an ax to grind … or want to get somebody fired or get somebody hired,” she continued. “I didn’t go in with an agenda at all. I wanted to do the best I could for our children and help our children have the best education.”
Krogman said her background in teaching has helped her help other board members read test scores and understand what they show.
“In some ways, I still feel a little bit like a teacher, because I sometimes try to teach [the other board members].”
Krogman has served on the board since her election in 2014.
Blake Lehman, school board president for White River, said Krogman is a well-rounded member and understands the strength of viewpoint diversity.
“Louann and I have had our differences, but I can call her on the phone and discuss those differences,” Lehman said. “Just the fact that we can have those diverse discussions and we can all come to an agreement … She's very good to work with.”
Krogman believes preserving school boards and local control is crucial for education because community members best understand their community’s needs.
“We have a very high population of Native American students … and their artistic ability in drawing, carving, and painting is outstanding,” Krogman explained. “So we have a very strong art program. And it’s because the board is behind that (program) because we know our students have a natural ability there.
She also closely followed the legislative session and is excited for the return of science of reading instruction and for the reduced tuition benefits that were expanded to school counselors through Senate Bill 1.
“There’s always new research, there’s always new techniques,” she said about her own experience as a school counselor. “But if you’re in the trenches, sort of speaking, you don’t have the time, the energy, the money, or the strength to return (to school), so giving our school counselors an opportunity to get some of their tuition refunded is a great thing.”
Dr. Wermedal added: “Whether she is advocating for education funding in Washington D.C., connecting with a local legislator, or providing insight to local policy development, Louann is a true believer in education’s impact on the quality of life for South Dakota’s kids.”
Krogman’s goal as ASBSD president is to accomplish the association’s tagline: to partner, to advocate, and to lead.
“Our country is stronger if we have strong public education systems and those systems have to be built locally,” she said. “We will not always agree on everything and there’s no doubt about that. However, if we agree to work together, to do what is best … and do the best job that we can for our students, it will make our country stronger.”
Thanks to leadership from Krogman, ASBSD is one step closer to that ideal.
Gina Adrian from the White River School Board may have put it best.
“We all need a Louann in our corner.”
Committee votes no on school board election mandate bill
School boards will still have the local control to select the election date that works best for their district following the defeat of House Bill 1162, which was an act to align school board elections with the primary and general elections held in June and November, respectively.
District 6 Rep. Aaron Aylward, the bill’s prime sponsor, told Senate State Affairs committee members that people in his district have asked for the change.
Rep. Aylward said his bill would introduce challenges, such as altering board member terms, but that the voter turnout would increase and districts would save money.
TJ Nelson from the Opportunity Solutions Project spoke in support of the bill, accusing schools of abusing local control and calling on the state to take some of that control back.
“We can’t force people to vote,” Nelson said. “What we can do is make it convenient for them.”
ASBSD opposed this bill because it erodes local control, imposes mandates on schools, and risks politicizing school board elections. The bill would also repeal the requirement for school districts to publish their election dates.
ASBSD’s Director of Policy and Legal Services Jessica Filler also warned the Senate State Affairs committee the move could increase confusion with ballots, as school districts and legislative districts don’t always align.
Davison County Auditor Susan Kipkey said the bill would cause “undue hardship.”
“This is not a one-size-fits-all issue,” she warned. “[The bill could] also potentially force voters to go to two different polling places … Please don’t disenfranchise voters.”
Julie Bartling, auditor for Gregory County, echoed Kipkey’s concerns.
“We have four school districts,” she said. “If there’s a combined election … the potential for that precinct could be nine ballots.”
District 31 Sen. Randy Deibert also spoke against the bill.
“I talked to the four school districts in my [legislative] district, and none supported it,” he said.
District 32 Sen. Helene Duhamel said the bill would create confusion for voters in her district, Rapid City, where there are more than three school boundaries in the area.
The bill was killed on an 8-1 vote by the Senate State Affairs committee
School Board Training Options for Your Board
Want to improve your school board skills?
The Associated School Boards of South Dakota offers several workshops through their GAVEL program. School Boards and Superintendents can gain valuable knowledge in a wide range of topics including:
1. Governance 101: Learn the basics of how to be an effective board member. The workshop walks boards and administrators through hands-on experiences to learn about Board / Superintendent responsibilities, understanding state law as it relates to school boards, the importance of policy development, teamwork, and many other topics.
2. Fiscal Responsibility: This workshop teaches board members the fundamentals of school finance. Boards will study state and local finance information to gain a better understanding of how school finance works and how it directly impacts their school district.
3. Goal Setting and Strategic Planning: These services help school boards and superintendents walk through the steps of setting basic goals for their district or takes the team through a detailed look at school and community data and inputs to help the district set up a strategic plan.
Dr. Wade Pogany, Senior Consultant, for Dakota Education Consulting, has over 40 years of experience working in education. He brings an engaging, dynamic and thoughtful approach to his trainings and can also customize workshops to fit your needs.
For more information or to set up a training date, please contact:
Dr. Wade Pogany
call or text: 605-222-0889
Enhanced concealed carry gun bill passes
A bill putting more guns in schools reached the governor’s desk.
SB 203 would expand certain privileges for individuals who hold unrestricted enhanced concealed carry permits and would allow them to carry on public school grounds.
District 9 Sen. Brent Hoffman, the bill’s prime sponsor in the Senate, said SB 203 is a final push since his last bills were defeated.
At the bill’s House Judiciary committee hearing, the bill’s prime sponsor in the House of Representatives, District 16 Rep. Kevin Jensen, said SB 203 will allow smaller school districts the ability to procure armed safety.
“This doesn’t just relate to someone walking off the street,” Rep. Jensen said, referring to the requirement that an armed person must have written permission from a school official to carry.
Sen. Hoffman said he found a wide range of opinions from the estimated 35 school districts he spoke with and that schools are “the only government buildings in the state without some kind of armed security,” and that school sentinels are not widespread enough.
Brian Gosch, lobbyist for the National Rifle Association, made his second appearance for SB 203 after first testifying in support before the Senate Judiciary.
“In South Dakota, we force our children to go to school,” he said. “This would help schools not be soft targets like they are now … Unfortunately, the left has an irrational fear of guns.”
ASBSD opposed SB 203.
Executive Director Dr. Douglas Wermedal told the committee the bill would lead to more guns in schools, could create confusion in implementation for multiple buildings in a school district, and leave school boards out of the decision-making process.
“The authority to articulate this type of sweeping safety policy should start with the school board,” he said.
Rob Monson, executive director of School Administrators of South Dakota, said the bill puts a lot of pressure on principals, and that the potential for “inconsistencies and confusion is significant.”
School attorney Gerry Kaufman asked whether the bill would actually enhance school safety, and suggested permissions go through school boards that can work with constituents to decide policy locally.
An amendment to allow for the superintendent to make the decision failed 8-4.
District 26B Rep. Rebecca Reimer said it’s a “big responsibility” for a principal to say who may carry a gun at school, and said she’d prefer the issue be deferred to school boards.
“If the school board wants to do this … I’m fine with that,” she said. “I think there has to be more heads put together [to make that decision].”
The House Judiciary committee passed the bill 11-1.
On the House floor, Rep.Jensen urged House members to pass the bill.
“We talk very little about protecting their physical, protecting their lives,” he said. “We don’t do anything about it … What do we do with all these schools [with] their closest law enforcement 40 minutes away?”
He continued, “(this bill) allows local school districts to incorporate someone with a concealed carry permit into [school safety plans].”
Jensen said school boards will set the policy and have “final authority.”
“The school board and the superintendent can control this policy,” he said. “If the school board says ‘no’ then it’s a ‘no.’”
District 31 Rep. Scott Odenbach also spoke in support.
“Let’s embrace the truth that good citizens with guns (are protectors),” he said.
The House of Representatives went on to pass SB 203 62-8.
Active Shooter Workshop
Tuesday, Apr 23, 2024, 08:30 AM
Pierre, SD, USA
Threats to elected officials bill passes
Includes protections for school board members
Senate Bill 146 is an act to charge individuals with a Class 5 felony for knowingly threatening current and former judicial officers, statewide office holders, or their families.
ASBSD supports the bill, which would include school board members in the protection in law.
“In today’s society where mental health issues abound and it is frequently unknowable what issue or public debate may cause a potentially violent reaction in another person," Executive Director Dr. Douglas Wermedal said. "Having such legislation in place helps safeguard the policy and decision-making processes of South Dakota’s elected officials.”
An amendment, SB 146E, changed the bill to make a first offense a Class 1 misdemeanor and a second offense a Class 6 felony.
“A lot of people send emails and post things online and opening that up and making it a felony is a little too far for me,” District 8 Sen. Tim Reisch said.
The bill passed as amended 9-2.
Then on the House floor, District 7 Rep. Mellissa Heerman introduced an amendment that returned the Class 5 felony language to the bill.
The House passed the bill 36-33.
In the Senate, the bill’s prime sponsor, District 7 Sen. Tim Reed, said his bill “recognizes the fact that threatening an elected official [should be a crime].”
The Senate passed the bill 24-10.
Passed: Bill allowing school boards to authorize payments
Senate Bill 212 allows for school boards to authorize payments between meetings.
To authorize payments, the board must first specify the vendor and the maximum amount for the payment.
District 19 Rep. Kyle Schoenfish, the bill’s prime sponsor, told the House Education committee the bill will help districts avoid late fees.
ASBSD supported the bill.
District 4 Rep. Stephanie Sauder spoke in support.
“It just makes sense,” she said.
The committee passed SB 212 unanimously. The House of Representatives then voted 68-0 to pass.
Private school scholarships increase bill passed
A bill increasing the private school scholarship amount found favor in the legislature.
Senate Bill 72 is an act to increase the annual limit of tax credits from $3.5 million to $5 million that insurance companies may claim through the partners in education tax credit program.
During the bill’s hearing in House Appropriations, District 11 Sen. Jim Stalzer said current donations are “well in excess of the money needed” to fund the program, and claimed that expanding the program would save the state millions of dollars because the state estimates a $5,000 annual cost to educate each student.
Sen. Stalzer also said private schools have “better discipline” and a “better learning environment” for students.
Diana Miller, lobbyist for the Large School Group, pointed out that insurance companies participating in the program can do so without a tax incentive.
“I think there’s an issue with accountability,” she said. “You don’t get testing scores, literacy rate … you don’t get [that information]. This is a veiled (school) voucher program.”
ASBSD opposed SB 72.
Executive Director Dr. Douglas R. Wermedal testified in opposition.
“We do have concerns that the funding increases for this program have become routine,” he said, citing the increase to $3.5 million in 2022 and the proposed doubling of the program’s revenue after just eight years.
District 15 Rep. Linda Duba cautioned the committee about raising the cap.
“I think it’s unfortunate that we develop a carve out for an industry that should be providing revenue to the state,” she said.
District 11 Rep. Chris Karr said he’d like to look at “real (school) voucher system” instead.
“We keep skirting around these little carve outs,” he said. “This is kind of wonky at best. That’s a slippery slope and can be dangerous.”
A motion to move SB 72 to the 41st day failed in a 7-2 vote with House Appropriations eventually passing the bill 7-2.
On the House floor, District 25 Rep. Jon Hansen urged members to pass the bill, telling them their “constituents across the state have demanded [this program].”
“If we don’t pass this bill … those scholarship amounts will be reduced, there will be waiting lists,” he continued. “[Parents] choose the education option that works best for their student.”
Rep. Duba again warned about the annual cost of $5 million to pay for the program and pointed out private schools awarded scholarships to students prior to the program’s introduction.
“The state is using public fund dollars to fund private school education,” she said.
The House passed SB 72 56-13.
New Course Covers Oceti Sakowin Essential Understandings
The South Dakota Office of Indian Education has announced the launch of the Oceti Sakowin Essential Understandings and Standards (OSEUS) Online Training Course.
The course was created to assist administrators and teachers in integrating the Oceti Sakowin Essential Understandings into their schools and classrooms. This online course is free and self-paced, allowing educators to fit the class around their schedules.
Currently, the course is only available to educators with a K12.sd.us email address. The course contains three sections: “Getting to Know the OSEUS,” “Culturally Responsive Practices,” and “Creating Lessons with Inquiry Design Model.”
Educators will be offered continuing education credits or graduate credits upon completing the three-part course.
Three funding-related bills benefiting schools pass legislature
Three funding related bills look to benefit school districts.
HB 1022
House Bill 1022 is an act to appropriate $6 million to provide professional development for science of reading literacy education.
State Department of Education Secretary Dr. Joseph Graves said the bill is “incredibly important” for improving students’ reading proficiency.
Sec. Graves said the funding will be used to train teachers on a voluntary basis, and the curriculum at Board of Regents universities is already adjusting to reflect the shift in strategy and added the training has already begun for elementary teachers, but DOE anticipates funding to run out soon.
“If we’re going to move the needle [on proficiency rates], it will require this kind of support for SOR training,” Sec. Graves continued.
He reiterated training is voluntary because DOE believes “in local control” but said some principles of SOR may be added to learning standards and “put some pressure” on districts to participate.
ASBSD supports HB 1022, which will provide “high-quality, professional development,” according to Executive Director Dr. Douglas Wermedal.
“Promoting a love for reading and improved proficiency” provides benefits to students and the state, Wermedal told Join Appropriations.
The committee passed the bill 12-4.
On the House floor, District 15 Rep. Linda Duba urged House members to pass HB 1022.
“Our focus this year will be training up our teachers in the science of reading,” she said. “We’ll be measuring the students’ success … but don’t expect miracles overnight.”
The House of Representatives passed HB 1022 62-6.
HB 1201
House Bill 1201 appropriates $800,000 from the general fund to the teacher apprenticeship pathway program.
“[For any] pilot program that is going on out there … you’re looking at success rates, and this program is showing [success],” District 18 Sen. Jean Hunhoff said. “Because it’s working, that’s why we’re going to put general fund dollars into it.
“This is a great utilization of our dollars.”
The bill passed the Senate 31-3 and moved on to the House.
“I’ve never seen a teacher shortage like we have today,” District 7 Rep. Roger DeGroot said. “[The data shows a] continuous need for this program to be funded again.”
The House went on to pass the bill 63-5.
SB 1
Senate Bill 1 is an act to expand eligibility for the reduced tuition benefit to school counselors and Head Start employees.
The reduction is 50 percent off tuition with all other fees waived.
Currently, the benefit applies only to teachers and vocational instructors may attend and pursue undergraduate or graduate courses in Board of Regents universities.
The bill’s prime sponsor, District 14 Rep. Taylor Rehfeldt, said the bill helps recruit and train counselors.
“School counselors are the individuals who really advocate for our students to take the next step in their lives,” she said.
District 1 Sen. Michael Rohl, the prime sponsor in the Senate, said adding school counselors to the list is important because they’re required to recertify every five years.
ASBSD supports SB 1, which enhances the training of school counselors.
“These are the personnel who will help guide our kids to the future,” ASBSD Executive Director Dr. Douglas Wermedal testified before House Appropriations.
Wermedal told the committee that accountability is “baked into the bill” by requiring participants maintain a 3.0 grade point average for continued eligibility in the program.
District 17 Rep. Chris Kassin also spoke in favor.
“Anything we can do to recruit, retain, and help these folks [is worth doing],” he said.
House Appropriations passed SB 1 9-0.
On the House floor, Rehfeldt estimated a $18,000-$25,000 annual cost to the state.
The bill was passed 60-8.
Multi-Hazard Emergency Planning for Schools
Monday, Apr 15, 2024, 08:00 AM
Vermillion, SD, USA
Submit Your 2024 ASBSD SASD Breakout Session Proposal
The premier learning event for South Dakota school board members and administrators is seeking people to share their expertise and knowledge with the large contingent of school leaders who will attend the 2024 ASBSD-SASD Convention.
The ASBSD-SASD Convention is scheduled to be held at the Sioux Falls Convention Center on Thursday and Friday, August 8-9.
Download the Breakout Session proposal form here and submit it by Friday, April 12 to kara.brandlee@sasd.org.
ASBSD and SASD will review submitted proposals and contact the applicant(s) of proposals at a date in the future.
If you have questions, about breakout session proposals or Convention, please contact Kara Brandlee with SASD at kara.brandlee@sasd.org.
Two student-related bills find way to the governor
Two student-related bills found their way to the Governor’s desk.
HB 1245
House Bill 1245 will allow a juvenile to be held in custody for up to five days following a temporary custody hearing.
The bill’s prime sponsor, District 26B Rep. Rebecca Reimer, said the amendment adding the five day temporary custody period made HB 1245 a better bill.
Steve Smith, Lyman County State’s Attorney, said he’s had situations where a student who had access to guns and knew how to use them was making threats, but the judge ruled the student could be held for only 24 hours, which wasn’t enough time for an investigation.
Smith said the bill will help those in law enforcement make “rational, reasonable decisions” on the potential threat of juveniles to the public.
“It’s a tool of time,” he explained. “That’s all we’re asking for this time. So that we can actually do something to make sure when we send the kids to school the next day … we feel safe.”
Rob Monson, executive director of School Administrators of South Dakota, said the bill offers more leeway with more challenging students.
Diana Miller, lobbyist for the Large School Group, said the goal is to keep children in the least restrictive environment while protecting the other children.
There was no opponent testimony, and HB 1245 passed the House Judiciary committee 7-0. The bill went on to pass the Senate 33-0 and the House 69-1.
SB 198
Senate Bill 198 will allow authorized school district employees to administer nasal glucagon, which is used to treat diabetic people with low blood sugar.
Authorization must come from the school board, and can only be administered to students with signed parental consent prior to needing the dose.
District 4 Sen. John Wiik, the bill’s prime sponsor, said the bill clears up gray areas about whether schools are allowed to administer nasal glucagon.
The bill also protects anybody who administers it, he said.
The bill passed the House Health committee and was placed on consent.
On the House Floor, District 4 Rep. Stephanie Sauder spoke in favor of SB 198.
“Parents are involved in this,” she said. “It comes to school from the parent.”
The House passed the bill 61-7.
Submit Your District's Student for the 2024 Academic Excellence Banquet
School board members and administrators remind your district’s high school principal(s) to identify and submit the name(s) of the academic top one percent of the 2024 senior class to be honored at the Academic Excellence Recognition Banquet.
ASBSD previously sent a letter to schools requesting they submit their school’s student(s).
Click here to download the nomination form.
This day is for the senior and those individuals who have encouraged and supported them through their academic growth. During the banquet, each student will be recognized personally by the Governor and photographed receiving a certificate and commemorative pin.
Please submit the student’s name(s) and address(es) to ASBSD Executive Secretary Katie Mitchell-Boe via email at Katie@asbsd.org or by fax at 605-773-2501 by Monday, March 25th.