Every year South Dakota schools get to hold their collective breath in the late winter as the legislative session plays out. Last year we all anxiously awaited the results of the homeschool and transgender sports participation legislation. This year set a record for the most bills introduced in South Dakota history, giving schools even more reason to take some deep breaths. A significant number of these bills saw support from out-of-state individuals and organizations. Once these out-of-state proponents leave, schools are the ones left grappling with the consequences and challenges associated with implementing the new legislation each July.
So where are we at, halfway through this session? Basically, one significant bill has already been signed into law, and several bills that saw significant resistance from educators failed. However, quite a few bills remain that schools should keep an eye on for potential impacts to education in South Dakota.
What has passed (so far):
SB 46 ”Protect Fairness in Women’s Sports” - This is the transgender sports participation bill. It requires schools to designate every sport as either “Male,” “Female,” or “Coeducational or mixed.” It prevents any student other than those whose birth certificate indicates female from playing in sports designated as female. KSB will follow up with the legal implications of this bill in a future blog post. This is the first impactful education bill that has already made its way through the full process, but we are almost certain it will not be the last.
What has failed:
HB 1015 would have required a moment of silence at the start of every school day. Despite gathering some attention, the bill did not make it out of committee.
HB 1172 would have allowed teachers to help students evaluate the “strengths and weaknesses of scientific information.” It failed on the House floor.
HB 1111 would have created a right to refer school board health actions to a public vote. The House Education Committee killed the bill.
HB 1216 would have removed collective bargaining rights from teachers but was met with a significant amount of controversy, and the bill’s prime sponsor withdrew it.
HB 1265 and HB 1266 would have increased the credits of government required for graduation, but both were tabled by the sponsor.
What remains:
HB 1198 would require the display of the state motto in schools. It has passed through the House and will be considered by the Senate.
HB 1185 would permit beaded graduation caps as well as feathers at graduation by Native American students. The bill has passed the House and will be considered by the Senate.
HB 1246 would “establish the fundamental right of a parent.” This bill is intended to codify US Supreme Court precedents regarding the rights of parents, but its language is broad and could reach further than the relevant facts in those cases.
HB 1308 would allow schools to provide bonuses to any staff member without having to go through the collective bargaining process. Previously, the law only allowed this explicitly for teachers. The bill has not come before a committee.
HB 1310 would require the extensive public display of all training, curriculum, and instructional materials and would provide patrons an avenue for a lawsuit if they think the law has been violated. Successful litigants could recover their attorneys’ fees. The bill is set for committee hearing next week.
HB 1337 is effectively the “Critical Race Theory” bill. It would take away substantial control from school districts in determining curriculum and is opposed by the ASBSD, SASD, and SDEA. It awaits a vote on the House floor.
SB 139 creates “community-based” schools using state funds. The bill effectively creates multiple charter schools on reservations in the state. It awaits hearing in the House after passing through the Senate.
There are many other bills introduced that may impact schools, most of which concern funding. The highlighted bills above are where we think schools will need to pay the most attention for purposes of legal compliance and policy updates and implementation. If you have any questions on what is going on in Pierre, feel free to call Karen, Steve, Bobby, Coady, Jordan, Tyler, or Sara at (402) 804-8000, or email all of us using ksb@ksbschoollaw.com!