Highlights & Insights
January 26, 2024
ASBSD Executive Director Dr. Douglas R. Wermedal retired at the end of May due to personal health matters. We thank Doug for his service to public education, our public schools and ASBSD. We will miss his presence in the office and his commitment to the ASBSD mission.
It’s our mission of: Partnering. Advocating. Leading. that we will continue to guide us as we venture through this transition.
With the excellent leadership of the ASBSD Board of Directors and the very experienced staff at ASBSD, we will keep things business as usual as we prepare for the 2024 ASBSD-SASD Convention, continue advocacy efforts in the legislative interim and leading up to next year’s session, assist school boards and administrators as they get ready for the upcoming school year and provide all the other services expected of our Association.
If you need anything, we will be here to answer your questions. You can find all staff contact information here: https://asbsd.org/about/contact-us/. Give any of us a call or send us an email with your questions.
Thank you for your continued support of ASBSD.
New sample policies for new laws
By Jessica Filler
Director of Policy and Legal Services
The legislative session is always interesting, and this year’s 99th legislative session was no exception. Legislation passed and signed by Gov. Kristi Noem will go into effect July 1, 2024.
Although our sample policies are drafted by a lawyer (yours truly), it is important to run them by your local school district attorney for review prior to the board’s consideration. Our sample policies are just that…sample policies of general applicability to all or most of our member school districts, that can be adopted as-is, changed, modified, tweaked, altered, adjusted, or revised to best meet the needs of your own district.
Our Supreme Court has ruled that board policies have the force of law. What is most important is to understand and follow the policies that are in your board policy manual. If your written policies don’t match your practices, change your practices, or update your policy language.
ASBSD’s legislative policy alert outlining the bills passed during the 2024 session impacting education was emailed to superintendents, business managers, and board members on Wednesday, June 5, 2024. It's also available here: https://asbsd.org/policy-alert-2024-legislative-session-updates/.
Here is a recap of the bills that prompted a change in our sample policies:
HB 1020 places the suicide training requirement for teachers into the district’s accreditation process rather than in the teacher certification process. ASBSD has updated its sample policy GCB, Qualifications of Teachers.
HB 1055 raises the appraisal value of surplus property to be offered for sale by advertising for bids from $500 to $2500. ASBSD has updated its sample policy DN, Surplus Property.
SB 198 allows a school to obtain and administer nasal glucagon to diabetic students experiencing severe hypoglycemia. ASBSD is in the process of updating its sample medication and diabetes related policies.
HB 1060 sets mileage reimbursement and lodging reimbursement rates in statute to be consistent with federal rates. ASBSD has modified its sample policy DLC, Expense Reimbursements.
SB 212 allows for a school board to authorize payment for goods or services between board meetings if the board specifies the vendor and the maximum amount allowed for the payment. ASBSD has modified its sample policy DK, Payment Procedures.
HB 1197 requires public schools to equip each public access computer with software that limits minors’ ability to gain access to obscene matter or materials, or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene matters, as well as develop and implement a policy by January 1, 2025, establishing measures to restrict minors from accessing obscene matter or materials. The policy must be on the school’s website or published annual in the legal newspaper. ASBSD has modified 3 policies in accordance with this new law: IIBG, Use of Computers and Networks; IIAC, Library Materials Selection and Adoption; and IIA, Instructional Materials.
SB 203 allows possession of a firearm on school property, in school vehicles, and at school functions by an individual who is 21 years old, holds an enhanced conceal carry permit, and has written permission from the principal of the school or other person who has general control and supervision of the building or grounds. The individual must have written permission (as well as meet the other requirements) before they can have a firearm at the school. Otherwise, they are in violation of the law that prohibits firearms. Districts should visit with their school attorney regarding how to handle requests. Districts need to also check with their liability insurance carrier, as there may be an exclusion in coverage for any event related to concealed weapons on school grounds. ASBSD has modified its sample policy, JFCJ, Dangerous Weapons in the School, and has re-coded it as Policy AF.
Policy revisions related to the new Title IX regulations will be released this summer, as well as ASBSD’s offering of affordable training for all school employees, as the new regulations require all employees to be trained annually on Title IX.
Tyler Pickner
Director of Communications
Whether you held your school board election this week, in two weeks or in April – or even if you didn’t have an election – ASBSD would like to remind you of a law that went into effect in 2018 requiring posting information in your school board meeting minutes related to the election.
Schools are required to list within the minutes the information outlined in subsections (1) through (4) of the statute below. If you do not have a school board election, be sure to include that information in your board minutes, in accordance with the last sentence of the statute below.
13-7-30. Information regarding school elections to be provided in school board minutes.
For the most recent regular school election conducted in each school district as provided in § 13-7-10, each school board shall provide in the school board minutes the following information:
(1) The number of registered voters of the school district on the date voter registration closes;
(2) The number of registered voters of the school district who voted in the election;
(3) The percentage of registered voters of the school district who voted in the election; and
(4) If the election was held in conjunction with a regular municipal election as provided in § 13-7-10.1 or with the regular June primary as provided in § 13-7-10.3.
If the regular election was not conducted because there was neither a contested vacancy on the school board nor any question submitted to the voters, the school board shall provide that information in the school board minutes.
If you have unfilled spots on your board, ASBSD’s sample policies address the process of filling board vacancies. We would urge you to check your board policy (or check out our sample policies if you don’t have an adopted policy) on how your board vacancies are announced and filled.
If your board has to go through the appointment process, below is a breakdown of how that process is outlined in state law.
The following law states the incumbent who did not seek reelection continues to serve in the short term and fill the role on the school board until your district is able to appoint a new member:
13-8-22. Incumbent continued in office when successor not elected or qualified.
If for any reason a school district fails to elect any person to succeed a school board member whose term shall have expired or an elected board member fails to qualify, the term shall be deemed vacant, and the incumbent shall continue to act in an official capacity until the vacancy is filled.
There are two state laws requiring the vacancy to be filled by appointment. But, during the period of the vacancy, when districts are going through the appointment process, how is the empty seat at the board table handled?
If the vacancy is due to a failure to elect a person, an elected board member’s failure to qualify, or a resignation, the law requires the vacating member and all the remaining school board members fill the vacancy:
13-8-25. Appointment to fill vacancy on school board--Qualification and term of appointee.
Any vacancy occurring on a school board shall be filled by appointment. The vacancy shall be filled by all school board members, including the vacating member, if the vacancy is created by:
(1) A school district's failure to elect a person to succeed a school board member whose term has expired;
(2) An elected school board member's failure to qualify as specified in § 13-8-14; or
(3) A school board member's resignation.
However, if the vacancy occurs due to any of the following: death; removal from the board; becomes a non-resident of the school district/representation area; conviction of certain crimes; receives a judgment for breach of the member’s official bond; is incapacitated and unable to perform the duties of the position; or assumes the duties of an incompatible office, the vacancy shall be filled by the remaining school board members only, and not the vacating member (SDCL 13-8-23).
It is important to remember that the appointed member, who qualifies at or before the meeting following the appointment, is a temporary replacement who serves only until the next succeeding election, at which time a successor is elected to serve the remainder of the unexpired term.
The appointee shall qualify as if elected at or before the next school board meeting, and serve until the next succeeding election at which time a successor shall be elected to serve the unexpired term (SDCL 13-8-25).
You will want to refer to your school board policy on the procedure of how to fill vacancies. If you do not have one, we encourage you to refer to our sample policy: BBE: School Board Member Vacancy, which requires an announcement published in the newspaper inviting individuals to submit applications or nominations, the board meeting in executive session to discuss the potential candidates and to conduct interviews, and take board action for the appointment.
For your school board meeting agenda and minutes:
· The appointment process would need to be included on your school board meeting agenda.
· You will also need to note in your minutes there will not be a school board election.
If you have questions or there’s anything we can help with, please contact ASBSD staff members: https://asbsd.org/about/contact-us/.
By Tyler Pickner
Director of Communications
Nominate those who dedicate their time and effort making their public school a great one!
ASBSD encourages your district to nominate an individual, group or organization for one or more of our three awards: School Board Award of Excellence, Outstanding School Board Member of the Year and Community Service Award.
“School board members and community members provide their time and effort to enhance you’re the education and opportunities your district offers,” ASBSD Executive Director Dr. Douglas R. Wermedal said.
“We want to honor their efforts and ask that you nominate those deserving people for these awards.”
ASBSD School Board Award of Excellence: The School Board Award of Excellence is given annually to a public school board that consistently demonstrates outstanding leadership that enhances the achievement for all students. A plaque and a scholarship award of $1,000, which may be used, at the discretion of the board, will be presented to the recipient.
Download the application here or visit the Documents page where the application can be found under the Awards heading.
Outstanding School Board Member: Nominate a local board member who exemplifies extraordinary leadership of public education by implementing initiatives that spur student achievement, advocating for secure funding sources for K-12 education and setting high expectations for the district and themselves among other high-quality characteristics.
Download the application here or visit the Documents page where the application can be found under the Awards heading.
