Highlights & Insights
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January 31, 2025 (Volume 2, Edition 3)
Larson's Legislative Update
SD Public Schools Coalition Release Voucher Poll
The South Dakota Public Schools Coalition announce the results of a recent statewide poll confirming South Dakota voters overwhelmingly oppose the implementation of education savings accounts, also known as school voucher programs.
Click here to download the SD Public Schools Coalition Voucher Polling Data.
According to the poll:
- By a 36%-58% margin, voters oppose “a school voucher program, also known as education savings accounts, where the state gives parents tax dollars that pay for their student to attend a private school or be homeschooled rather than a public school.”
- This opposition includes parents of public school students (21% of the electorate), who oppose the proposal by a 33%-58% margin.
- The opposition to vouchers is primarily driven by the belief that South Dakota's K-12 schools are already underfunded:
- A clear majority of voters (57%) believe that South Dakota public K-12 schools receive too little funding, with only 9% saying they receive too much funding and 20% stating the funding is about right.
- Those who believe South Dakota’s public schools receive too little funding oppose the voucher proposal by a massive 19%-77% margin.
Instead of sending taxpayer money to private schools, lawmakers must focus on public schools—where 83% of children attend—not fund two school systems. The best way to improve education in South Dakota is not to divert money to private schools but to invest in improving public schools, as South Dakota currently spends much less per student than nearly 40 other states and over $7,000 less than the national average.
Voters also realize that most rural and small-town communities in South Dakota do not have private schools, so taxpayer-funded vouchers will mostly help students in more populated areas of South Dakota, as funding will be drained from rural schools and taken elsewhere.
These poll results clearly indicate that South Dakotans value their public schools and are concerned about the negative impacts of diverting public funds to private education. Our public schools are already struggling with insufficient funding, and the state is facing a lean budget year and several proposed cuts. Creating these so-called education savings accounts would only exacerbate this issue.
The South Dakota Public Schools Coalition urges lawmakers to consider the strong opposition from voters and prioritize the funding and support of public education.
The poll was conducted by American Viewpoint from January 13 to 15, 2025, with a sample of 500 general election voters and a margin of error of +/—4.4% at the 95% confidence level.
ASBSD Negotiations/Collective Bargaining Webinars
Wednesday, Jan 29, 2025, 12:00 PM
Online
2025 School Board Recognition Week in February
Recognize the dedicated individuals in your communities who devote their time and energy to serving on your locally elected school board during the 2025 South Dakota School Board Recognition Week.
“South Dakota school board members work tirelessly for their students, staff and communities and we’re asking everyone to take time later this month to acknowledge them for their efforts,” ASBSD Executive Director Heath Larson said.
South Dakota School Board Recognition Week is set for February 17-21, which may take place after some districts are scheduled to hold their monthly meeting, but we encourage your district to recognize school board members at your February school board meeting.
“South Dakota School Board Recognition Week is an opportunity to say thank you to your board members for their commitment to your public school,” Larson said.
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.
If you have any questions, please contact Director of Communications Tyler Pickner at tpickner@asbsd.org.
Thank you for your support in making South Dakota School Board Recognition Week a success.
S.D. Stand Up with Public Education Event planned
Thursday, Feb 13, 2025, 10:00 AM
South Dakota State Capitol, East Capitol Avenue, Pierre, SD, USA
Presidential Executive Order on Federal DEI programs
by Naomi Cromwell
Director of Policy & Legal Services
On January 21, 2025, the U.S. Department of Homeland Security overturned that Department's policy of honoring "sensitive locations" when conducting enforcement activities. For decades schools had been considered safe places since the 1982 Supreme Court ruling in Pyler v. Doe required states to provide equal access to public education for undocumented children.
Because of Homeland Security's change in policy and growing enforcement activity, there is potential for increased immigration enforcement in and around schools, including many areas previously considered safe or "sensitive locations" such as playgrounds, school bus stops, preschools, schoolyards, and recreation areas.
Jordan Cooper, NSBA Senior Staff Attorney, advised this week that the "NSBA legal team is finalizing a legal guide on the Trump Administration's recent directives on immigration and how they may impact schools." ASBSD will be watching for that guidance and will provide it to South Dakota school districts once it is made available.
Meanwhile, until further guidance is issued, schools are encouraged to begin preparing for a possible enforcement visit from Immigration and Customs Enforcement (ICE) or Customs and Border Patrol (CBP). Other states' agencies, and education associations/entities have identified the following steps as part of that preparation:
- Designate a school employee who will serve as the main point of contact for any immigration matters. This person should be familiar with district policies on FERPA and any other policies on student privacy and confidentiality matters.
- If an immigration agent arrives, the designated employee should gather information from the agent, including name, agency, badge number, phone number, and also obtain a copy of any documentation the agent is presenting such as any subpoena, search warrant, arrest warrant, or court order.
- If an immigration agent asks for access to a student, ask the officer to either wait or return at a later time. Then, contact the student's parent/guardian, the superintendent, and the school's legal counsel lo discuss a plan of action.
- If the immigration agent makes inquiry about a student, be aware that FERPA prohibits the district from giving a student's personally identifiable information contained in education records to a third party without the written consent of a parent or guardian (or the student if 18 years of age or older). The only time information can be released without consent is if the information has been designated as "directory information," or if the information is required to be provided in compliance with a judicial order or judicially issued subpoena. School legal counsel should be consulted regarding any request for information about a student.
- Schools must make a reasonable effort to inform a parent, guardian, or student 18 years of age or older whose information is sought so that they may seek a protective order or other relief.
- The school should NOT allow an immigration agent to remove a student from the school without the consent of the parent or guardian unless the agent has a valid judicial warrant. If the agent presents a warrant, the school's attorney should review the warrant to ensure that it is a judicial warrant and not merely an administrative warrant, and to determine the scope of authority granted to the agent by the warrant. If the immigration agent presents an administrative arrest or removal warrant, schools are not required to allow the agent to enter non-public areas to locate any individual. Always consult with your school attorney should this arise.
- The school district may not assist any person who is the subject of law enforcement (e.g., by leaving the school grounds or giving false information to the officer).
Being prepared is key. School districts should develop a plan for the possibility of an immigration agency visit. Employees should be trained on how to handle a visit from ICE. Schools are also strongly encouraged to provide training/refresher courses to all staff on related school district policies such as FERPA.
This is intended as a general overview only; always consult with your school attorney for legal advice or for further information.
State of South Dakota Warning on Fake School District Websites
The State of South Dakota wants to make you aware of a cybersecurity threat involving fraudulent websites designed to mimic legitimate South Dakota K-12 school district websites.
Attackers are using k12sd[.]us (e.g., hoven[.]k12sd[.]us, pierre[.]k12sd[.]us), which closely resembles the legitimate k12.sd.us website (pierre.k12.sd.us).
The fake sites may be used in future phishing attacks, targeting individuals with emails or links that direct them to fraudulent sites.
What You Can Do:
- Be Vigilant – Always check website URLs carefully before clicking. The correct format is k12.sd.us (e.g., pierre.k12.sd.us).
- Do Not Engage – If you receive unexpected emails about school districts, avoid clicking on links or opening attachments.
- Report Suspicious Activity – If you suspect a phishing attempt or encounter a suspicious site, report it immediately to your IT Support.
ASBSD/COSA All School Law Webinars Package
Monday, Jun 30, 2025, 05:00 PM
Online
2025 ASBSD Board of Director’s elections
The 2025 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:
- Southeast region with enrollment 700-1,399
- Beresford, Canton, Dakota Valley, Dell Rapids, Flandreau, Lennox, Madison Central, Tri-Valley, Vermillion, Wagner Community, West Central
- Western region with enrollment 265 & Under
- Bison, Edgemont, Elk Mountain, Faith, Harding County, Lemmon, Newell, Oelrichs
Eligible board members interested in running for a four-year term on the Board of Directors must download and complete the Announcement of Candidacy form, which you can download by CLICKING HERE, and return it to ASBSD by Thursday, February 20, 2025.
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 Director of Communications Tyler Pickner at tpickner@asbsd.org or at 605-773-8382.
2025 Cracker Barrel list
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 8
- Saturday, February 22
Brandon:
At the Bethany Meadows Brandon Community Room from 9:30 to 10:30 a.m.
- Saturday, February 8
Brookings:
In the City/County Government Center beginning at 9 a.m.
- Saturday, February 1
- Saturday, February 22
Canton
Location to be determined beginning at 12 p.m.
- Saturday, February 1
At the Cup O' Joy Coffee Bar & Deli from 8:30 to 10:30 a.m.
- Saturday, February 1
Deadwood:
In the Deadwood Gulch Resort in the Creek Side Convention Center beginning at 10 a.m.
- Saturday, March 1
Gettysburg:
In the Gettysburg Mini Mall beginning at 2:30 p.m.
- Saturday, February 8
Huron:
At City Hall from 9 to 10 a.m.
- Saturday, February 1
- Saturday, February 22
- Saturday, March 8
Milbank:
At the Grant County 4-H Fairground from 1 to 3 p.m.
- Saturday, February 15
Piedmont:
Piedmont Valley American Legion Post from 2 to 4:30 p.m.
- Saturday, February 15
Pierre:
In the Chamber of Commerce Community Room from 10 a.m. to 11 a.m.
- Saturday, February 1
Rapid City:
In the Event Center at the Western Dakota Tech Event Center from 9 to 11 a.m.
- Saturday, February 1
- Saturday, February 15
- Saturday, March 8
Redfield:
At the C&NW Historic Railroad Depot beginning at 1 p.m.
- Monday, February 17
Selby:
At the Selby Community Center beginning at 10:30 a.m.
- Saturday, February 8
Sioux Falls:
At HUB Auditorium on the Southeast Technical College campus beginning at 10 a.m.
- Saturday, February 1
- Saturday, February 8
- Saturday, February 22
Spearfish:
In the lobby area of the Spearfish CTE Center beginning at 10 a.m.
- Saturday, February 8
Sturgis:
At the Erskine Building from 9 to 11 a.m.
- Saturday, February 1
- Saturday, March 1
Vermillion:
At City Hall from 9 to 11 a.m.
- Saturday, February 15
- Saturday, March 1
Watertown:
At the Codington County Extension Complex beginning at 8 a.m.
- Saturday, February 15
Yankton:
In the City Commission Room at the CMTEA building beginning at 10 a.m.
- Saturday, February 22
- Saturday, March 15