by the South Dakota Public Schools Coalition

Educational funding for public schools in South Dakota is governed by state law. Specifically, Section 13-13-10.1(5) of the South Dakota Codified Laws outlines how annual funding increases are determined:

The “Index factor” is the annual percentage change in the consumer price index (CPI-W) for urban wage earners and clerical workers, as computed by the Bureau of Labor Statistics. State law requires public schools receive an increase of funding equal to CPI-W or three percent, whichever is less.

This year’s proposed increase in funding falls far short of the statutory requirement.

While exceptions have occurred when funding levels were adjusted based on state revenue, the proposed 1.25 percent increase in state aid for education is well below the CPI-W, which is currently positioned at approximately 3.25 percent. According to the law, education funding should increase by 3 percent this year to match inflation.

The Governor’s proposed increase of 1.25 percent amounts to a $12.8 million increase in funding for public schools. However, funding public education at the full 3 percent mandated by law would require an increase of approximately $30 million dollars of ongoing funding.

An increase at that level is a much-needed adjustment to ensure our public-school teachers pay is competitive with our area states and to keep up with rising costs.

The Governor’s proposal becomes even more troubling when juxtaposed with plans to create a new voucher program, which would allocate $4 million to fund $3,000 vouchers for selected students to attend private schools or be homeschooled.

At a time when our public education system is struggling to keep up with inflationary costs and enhance the already quality education they are providing, diverting funds to an entirely new and unproven program is a misguided use of resources.

Public schools serve more than 80 percent of South Dakota’s students and are overseen by elected officials who ensure accountability and equity in every community. Rather than diverting $4 million to private interests, our legislators should direct these funds to strengthen the public education system that has long been the foundation of our state’s success.

Let’s not chase a shiny new object at the expense of the system that educates the majority of our children. Contact your legislators and urge them to prioritize funding public education as required by law. Supporting public schools means supporting our communities, our economy, and our shared future.

The 2025 legislative session has begun and there are already multiple voucher bills, pieces of legislation challenging local control, school funding considerations and more that ASBSD will need your district’s assistance in advocating for or against.

We have not received your district’s ASBSD Legislative Action Network (LAN) members, which is designed to activate school leaders to communicate to legislators our legislative positions, and we could use your voices to share our message so we come out on the winning side! Multiple school board members and administrators can represent your district on ASBSD’s Legislative Action Network (LAN).

Please complete the LAN appointment through the following steps:

1. Click here to access the LAN Appointment form;
2. Complete the form;

• Adding multiple individuals from your district for LAN is similar to how a new paragraph is added in a document.

1. Click the submit button;

• Should you need to add another board member after you've submitted, click the "Submit another response" link.

LAN members will periodically be contacted by ASBSD during legislative session asking them to contact their legislator(s) and advocate for or against specific legislation.

Each board member designated as a LAN member earns 25 ALL points for their local board.

If you have questions or need assistance, please contact Director of Communications Tyler Pickner at tpickner@asbsd.org or at 605-773-8382.

by Naomi Cromwell

Director of Policy & Legal Services

The 2024 Title IX Final Rules, which among other things sought to expand nondiscrimination protection to LGBTQ students, were struck down by a Federal Court on January 9, 2025, as violating the U.S Constitution. This ruling extends nation-wide.

The Court ruled that the United States Department of Education overstepped its authority when it attempted to expand the definition of Title IX to prohibit discrimination based on gender identity through federal rulemaking.

The Judge also ruled that the regulation is unconstitutional on free speech grounds in that it "offends the First Amendment" by requiring educators to use the name and pronoun associated with the student's asserted gender identity.

In addition, the Judge ruled that the regulation is vague and overbroad, and violates the Spending Clause of the U.S. Constitution.

This ruling vacates the 2024 Title IX regulations, which were stayed for a number of states including South Dakota as of July 31, 2024. That stay prohibited the U.S. DOE/Office of Civil Rights from implementing, enacting, enforcing, or taking any action in any manner to enforce the new Title IX regulations in states including South Dakota.

Following that July 2024 court-ordered stay, ASBSD's recommendation to South Dakota schools was to follow the 2020 regulations. With the 2024 regulations now having been ruled unconstitutional and vacated, our recommendation remains the same. By vacating the 2024 regulations, ASBSD believes the 2020 regulations remain in effect.

We will continue to monitor the matter for any additional developments.

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.

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, January 25
• Saturday, February 8
• Saturday, February 22

Belle Fourche:

At Branding Iron Steak House beginning at 1 p.m.

• Saturday, January 25

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

Deadwood:

In the Deadwood Gulch Resort in the Creek Side Convention Center beginning at 10 a.m.

• Saturday, March 1

Highmore

In the West Wing of the Hyde County Auditorium beginning at 9:30 a.m.

• Saturday, January 25

Huron:

At City Hall from 9 to 10 a.m.

• Saturday, February 1
• Saturday, February 22
• Saturday, March 8

Mitchell:

At the Chamber of Commerce building from 8 to 9 a.m.

• Friday, January 31

Newell:

At Newell City Hall beginning at 9:30 a.m.

• Saturday, January 25

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

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, January 18
• Saturday, February 22
• Saturday, March 15