March Madness: South Dakota Legislative Update and Ed Update

Name a better season in the country than March Madness?  The time we collectively take bets on nineteen year old youths who are majoring in communications.  While March Madness might have us all glued to the television and regularly refreshing our bracket rankings, let’s not forget the madness, or lack thereof, that occurred this South Dakota legislative session.  For the most part, this legislative session was a quiet one.  Below are the bills that will have the greatest impact on schools. 

HB 1020: This bill amends the previous law regarding suicide awareness and prevention training.  Prior to employment, and every five years after employment, certified employees (teachers and administrators) must complete a youth suicide awareness and prevention training.  The SDDOE will make a list of approved training available to schools.

HB 1055: This bill increases the threshold for a political subdivision, like a school district, to sell surplus property through a private or public sale without notice.  The amount was modified from $500 to $2,500.

HB 1187: This bill creates a one-year career and technical education educator permit.  The bill allows for applicants to apply if they have an associates of applied science degree or at least 2,000 hours of work experience in a related CTE field.  

HB 1197: This bill requires school district computers to be equipped with software to limit a student’s access to obscene matter or materials (hopefully all schools already have this technology in place given existing obligations like COPPA, CIPA, and e-Rate rules). Additionally, boards must adopt a policy regarding the measures to restrict minors from accessing obscene materials by January 1, 2025.  For our KSB policy subscribers, we will include a policy as part of our annual updates. 

HB 1220: This bill reduces  the time in which a party may appeal the decision of a hearing officer in a  special education due process hearing to thirty days.  The appeal period was originally ninety days.  

SB 75: This bill defines the requirements for a legal newspaper.  A legal newspaper must have a minimum paid circulation of at least two hundred or meet additional requirements for online subscribers.  

SB 127: The teacher compensation bill. TLDR; we have heard from many business managers the frustrations of this bill. 

SB 203:  This bill expands those who may carry a firearm on school premises to include: an individual who is 21 or older, holds an enhanced permit to carry a concealed pistol, and has written permission from “the principal of the school or other person who has general control and supervision of the building or grounds.”  KSB policy subscribers should be on the lookout for a policy regarding this change during our annual updates. 

SB 212: This bill authorizes  the school district to pay certain bills prior to the school board meeting if the board approves the vendor and the maximum amount of payment.

Good news, if you stuck with us through this long blog post, there is an additional legal update.  The SDDOE recently updated the open enrollment form.  As you will notice, there is no longer a reference to a student’s disability and IEP.  School administrators - we will be issuing guidance in the future as to what this change means for schools.  As always, if you have any questions regarding school law or legislation, shoot us an email at ksb@ksbschoollaw.com

P.S. Go UConn Huskies!  March Madness bets and predictions may also be submitted to ksb@ksbschoollaw.com