by ASBSD Executive Director Dr. Douglas R. Wermedal

What you have on your computer screen is the inaugural issue of ASBSD’s electronic newsletter, Highlights & Insights: South Dakota School Board News.

Plans are to publish every other week, but it may take us awhile to ramp up to that schedule. Beyond articles equipping you to make your school board experience more effective you will find the following features in each issue:

1. School Board Briefing: Concise updates on current topics for school boards, many as timely as your next meeting’s agenda.
2. Legal Lens: ASBSDs General Council, Jessica Filler offers insights on legal issues South Dakota schools are encountering.
3. Executive Officer Report: ASBSD's elected officers all serve on local school boards and offer their support and advice on how to make your board more effective.
4. Student Art: There’s some amazing talent out there and we will feature some of it in each issue. This issue’s art comes from the Hill City school district.
5. Tardy Bell: A just for fun humorous essay concerning the educational environment.
6. Calendar: Training opportunities, legislative activities, webinars, application deadlines and other important dates are listed in one place.
7. Other Features: School History, Guest Columnists, Legislative Updates, and always a quick read worth your time.

by ASBSD President Louann Krogman of the White River School Board

Greetings to all South Dakota School Board members.

Thank you for serving on your local school board. Your dedication to public education is valuable, and even though it is difficult at times, our work is important for students, school staff, and the communities where we live and serve.

This year, I am honored and privileged to be able to serve as the President of the Associated School Boards of South Dakota (ASBSD). Our association is led by a Board of Directors comprised of 18 members, determined by region and school enrollments.

I am pleased to share with you that our association is strong and vital.

All 148 public schools in South Dakota are members of our organization and being able to represent all the public schools in South Dakota gives our advocates a representative voice, which includes every corner of our state.

ASBSD is in an excellent position financially. We have no outstanding debt and own our office building in Pierre.

We continue to innovate existing services for our membership. The Teacher Placement Service is offered at no cost to all ASBSD members and continues to explore and implement new features.

ASBSD is vital and connected throughout the nation.

The ASBSD Executive Team, which is comprised of myself, First Vice President Garret Bischoff, Second Vice President Shane Roth and Past President Lisa Snedeker, along with our Executive Director Doug Wermedal, attended a Summer Leadership conference in August and will continue to learn about topics of leadership and advocacy in future national convenings.

South Dakota and the Association are fortunate to have a National Director from the state. Eric Stroeder of the Mobridge-Pollock School Board, and former ASBSD President, represents us on the National School Board Association Board of Directors and keeps us closely connected to the happenings at the national level.

Speaking of NSBA, there is a new focus on rural education issues at the national level, which South Dakota has been working to highlight, and you can attend a free virtual summit on rural education will be held on December 13th. Visit https://www.nsba.org/Events/NSBA-Rural-Education-Virtual-Summit-2023 for more information.

At ASBSD we have a three-pronged focus, which is Partnering, Advocating, Leading. We work to partner with schools in matters of policy, leadership, and advocacy.

As we move toward the 2024 legislative session, please connect with your state legislators and share the good things your schools and students are accomplishing. Each legislator needs to hear the stories of our great public schools and you are the best people to share these.

Thank you again for your service to your school and your community, your work is important.

by ASBSD Executive Director Dr. Douglas R. Wermedal

State Aid Increase of 4% Proposed: On Tuesday (12/5), Gov. Kristi Noem proposed a 4 percent increase in state aid, which would result in nearly $25 million in new money for public school districts. We're thankful to the Governor for the proposed increased.

Gov. Noem suggested the entirety of the four percent increase by passed on to teacher salaries while also adding she and Secretary of Education Joe Graves were developing an updated accountability for school districts to meet for teacher pay.

In the address, Gov. Noem questioned why the two previous years' increases to state aid of 6 and 7 percent, respectively, weren't entirely distributed to teacher salaries. As we all know, the increase in state aid provided, by law, to public school districts is used to cover all general fund expenditures and in years of historical inflation rates, schools faced rising costs in all areas of their budgets.

Public school districts budget responsibly and conservatively for annual expenses as they were elected to do by their constituents, just the same as the Governor and the legislature are elected to do.

Gov. Noem referenced "record surpluses" and that "revenues continue to exceed projections" in the address, so while we're thankful for the current proposal from Gov. Noem, with inflation continuing to put strains on public school district budgets, we'll advocate for the most available dollars for our public schools in order to pay our teachers what they deserve and responsibly meet our budget obligations.

Library Materials: Districts continue to receive challenges to the use of certain books and instructional materials. One South Dakota district had more than 30 people wanting to provide public comment on “book bans” at a regular meeting. You may see renewed interest in this at your Board meetings as Legislative Session convenes and bills are brought associated with regulating books available in public school libraries. ASBSD has developed language which can be used ahead of receiving public testimony on potentially controversial books to help establish a smooth discussion setting for receiving public comment. We also have updated our sample library materials selection and complain procedure policies and library book opt-out form. This script and the sample policies are available at https://policy.asbsd.org/. Please ensure you have policy in this area and follow it closely as challenges are received, and consult with your school attorney as necessary.

Vouchers and Academic Achievement: We fully expect new legislation in the on-going attempt to shunt public resources into private education. ASBSD will oppose any legislation that proposes public resources allocated to private educational entities. One method ASBSD anticipates will be used to justify this funding shift is to indicate that public schools are meeting standards on academic performance metrics, (e.g. 3rd grade reading, 8th grade math, etc.). It will be important for districts to be aware of their overall academic performance and the areas needing the most improvement and to go to work on plans to make progress toward improvement. ASBSD will be providing specific training in this area and engaging districts who want support in making progress on the academic metric(s) your Board identifies. Having no plan in this area will empower the voices wanting to use public funds in private settings.

by ASBSD Director of Communications Tyler Pickner

ASBSD members made their voice heard on the Association’s legislative platform at Delegate Assembly.

Delegates in attendance of ASBSD’s Delegate Assembly approved 48 legislative resolutions, which are pointed legislative policy positions, and 12 standing positions, which are broad statements on legislative policy, that compromise ASBSD’s legislative platform for the 2024 legislative session.

Click here to view the 2024 Legislative Resolutions and click here to view the 2024 Legislative Standing Positions.

“Your votes today assist ASBSD in its advocacy path to represent the best interests of public schools during legislative session by supporting bills that benefit our public school system and opposing those pieces of legislation that are detrimental to it” ASBSD President Louann Krogman told the Delegates.

Those in attendance also approved the legislative priorities, which were recommended based on input from member feedback, of ASBSD for the upcoming session and will be the focus of advocacy efforts. The priorities include:

• B4. Public Funding for Non-Public Education

• B19. Parent and Guardian Rights and Responsibilities

• B20. School, Instructional and Library Materials Review

• C6. Increasing State Aid

• D3. Property Tax Reduction or Repeal

The 2024 South Dakota Legislative Session begins on Tuesday, January 9.

by ASBSD Director of Policy and Legal Services Jessica Filler

Recently, I’ve received questions from board presidents and community members about allowing individuals to record school board meetings. The answer is yes, according to our state law, but with certain requirements.

A person may record an open official meeting, through audio or video methods (which I interpret to include using social media such as Facebook live), as long as the recording is reasonable, obvious, and not disruptive.

The terms ’reasonable, obvious, and not disruptive’ may be a bit difficult to define. ASBSD’s Policy BD: School Board Meetings, sets some parameters. What is ‘obvious’? Our sample policy states that a person who wants to record a school board meeting must inform the school board president/presiding officer or superintendent prior to the beginning of the meeting. At the beginning of the meeting, the presiding officer will then inform all persons present of the recording.

What is ‘reasonable’? Our sample policy states that the quantity and type of recording equipment is up to the board’s discretion, and the presiding officer has the discretion to exclude or terminate the recording if the recording rules have been violated.

What is ‘not disruptive’? Our sample policy states that the recording equipment must not produce distracting light or sound, and it must not obstruct the vision of persons attending the school board meeting and their ability to see all school board members.

I have seen citizens and members of the press record legislative committees, and in one instance the chair of the committee asked the individual to stand to the side and at a bit of a distance from the board table. This is an example of a presiding officer determining the ‘reasonableness’ of the recording—i.e., allowing a bit of a separation between the board table and the individual with the camera.

by Associated School Boards Protective Trust Director & ASBSD CFO Holly Nagel

Sharing time with family and friends, exchanging gifts and celebrating can be a joyous time. However, for some, it’s a stressful and challenging season. Perhaps you’re missing loved ones who are no longer with us. Maybe you’re not where you want to be in your career or relationship. In these cases and many more, the holidays can be a trying time.

It can also be the perfect time to enhance your focus on employee well-being. Stress can have a significant effect on one’s physical, mental and financial wellness. Acknowledging these challenges and encouraging your team to look at employee mental wellness can reduce medical claims, workplace accidents and increase attendance.

Here's a tip: Encourage your team to take real breaks. Whether it's a short walk, a quiet moment away from the desk, or a day to recharge, these pauses are crucial for mental and emotional balance. Let's make this holiday season both festive and rejuvenating for everyone!

Associated School Boards Protective Trust partners with vendors to provide services that focus on the overall wellness and safety of staff, both at work and at home. Virtual counseling sessions, wellness screenings, diabetes prevention, financial counselors, property and work place risk assessments are just some of the benefits ASBPT members receive.

Have questions or would like additional information? Contact Holly Nagel at hnagel@asbsd.org.

by ASBSD Executive Director Dr. Douglas R. Wermedal

Note: This is not intended to be an exhaustive list, just a sampling of states which have been active recently in passing, attempting to pass or modifying school voucher programs. For the most part this summary tells a tale of cost over-runs, abuse of taxpayer funds and an overall lack of transparency in program administration. The most active state recently has been Texas (summarized at the end of this article) which has met in no less than four special sessions in attempts to foist a voucher bill on Texas taxpayers, each time the governor-led effort has been defeated.

Voucher Argument in a Nutshell: Simply put vouchers shunt public funds to private entities and evade student performance and financial transparency standards with which public schools must comply. Voucher school advocates promise improved academic performance and an enticement, but voucher programs don’t really deliver on this promise.

“Joshua Cown, an educational policy professor at Michigan State University who has studied school choice for more than a decade, said test scores for student in voucher programs decrease in part because of low quality private schools. Some just open to collect tax dollars. . .” (Texas Tribune, Brian Lopez October 13, 2023).

Indeed the track record of voucher schools in Wisconsin’s largest city seems to bear out this take-the- money-and-run method. “In Wisconsin, home of the oldest voucher program in the country, a study found that 41% of all private voucher school operating in Milwaukee between 1991 and 2015 closed”. (Texas Tribune, Brian Lopez October 13, 2023).

Here is a quick survey of states where voucher legislation has been active:

Arizona: Reports voucher program costs are growing much faster than state analysts predicted setting up a budget crisis in the first-year of operation.

Arkansas: Law makers anticipate referendums seeking repeal of recently approved voucher programs

California: “In a resounding victory for local control. . .California Superior Court found that the State Board of Education abused its authority in overturning charter denials issue by the Napa Valley Unified School District and the County Office of Education.” (California School News Vol. 29, Issue 8 p. 12).

Florida: “In Florida, flat screen TVs paddleboards and entry to Disney are approved educational expenses.. Critics there say that’s not how taxpayer money should be used.” (Texas Tribune, Brian Lopez October 13, 2023).

Maryland: Reduced funding to existing program.

Nebraska: Initiative to repeal recently approved voucher system expected in the next session.

Georgia: Did not pass school vouchers even after substantial efforts.

Illinois: Reduced funding to existing program.

Iowa: Headlines in Iowa papers trumpeted the news of 29,000 applications in the state’s new voucher program, but does not note with the same emphasis that 60% or 17,400 were for families already enrolled in a private school. A true taxpayer give-away as these families were already paying private educational fees before the program. The 11,600 new apps represent less than 2.5% of Iowa’s public K-12 enrollment.

North Dakota: Governor vetoed voucher program and veto was not overridden.

Oklahoma: Nine citizens and one church have filed a lawsuit regarding the state’s approval of the nation’s first religious charter school, a church-affiliated virtual academy. Opponents say the allocation runs afoul of the state’s requirement that publicly funded schools be operated free from sectarian control.

Texas: “House votes to remove school vouchers from massive education bill. ​The Texas House on Friday voted to strip school vouchers from the chamber’s massive education funding bill, taking an ax to Gov. Greg Abbott’s top legislative priority of the year.

The outcome was an embarrassment to Abbott, who spent seven months lobbying two dozen Republicans who signaled opposition to vouchers in a test vote during the regular legislative session in April. His various strategies included holding school choice rallies at private schools in rural areas, tying vouchers to increased public school funding, calling two special sessions dedicated to education, threatening to support primary challengers to Republicans who opposed vouchers and announcing a breakthrough deal with the holdouts that did not appear to exist.

None of it worked.” (Texas Tribune by Zach Despart and Brian Lopez, November 17, 2023).

by ASBSD Director of Communications Tyler Pickner

The School Finance Accountability Board (SFAB) met recently to review the teacher compensation and cash balance fund accountabilities school districts are required by law to meet and approve the board’s annual report.

Click here to download the SFAB report.

“Some very good news that all districts met their 2017 average teacher compensation,” S.D. Department of Education Division of Finance and Management Director Cody Stoeser told board members.

South Dakota state statute 13-13-73.6 requires all public school districts to exceed their average teacher compensation from Fiscal Year 2017. According to DOE data, the average teacher salary for Fiscal Year 2023 increased by 5.13 percent from Fiscal Year 2022.

The general fund cash balance accountability, which requires a school district’s general fund balance be at or below a percentage determined by their enrollment, remains on waiver through Fiscal Year 2024 as schools continue to spend federal funds received during the COVID pandemic.

“It’s nice to see that districts have a plan to spend this money,” SFAB Member Eric Stroeder, who is a Mobridge-Pollock School Board and ASBSD Board of Director member, said.

The legislature’s appropriations committee approved the report, as well.

by ASBSD Director of Policy & Legal Services Jessica Filler

ASBSD has developed an Artificial Intelligence policy for schools while also amending several other sample school board policies.

Artificial Intelligence

IIBFA: Artificial Intelligence policy to clarify expectations for student and staff use of AI technology.

“With Artificial Intelligence being a fast growing and rapidly changing area in education, ASBSD has developed a policy focused on expected use by students and staff,” ASBSD Director of Policy & Legal Services Jessica Filler said.

Public Comment

BDDC & BDDH: amended to clarify language to be in line with state law now requiring public comment at every official meeting (except for meetings held solely for the purpose of executive session).

BDDH-E(2): revised the introduction to public comment script that includes guidelines for individuals who speak during public comment.

“School boards, by law, are able to limit the time per topic and total time allowed for public comment, but doing so should be applied objectively and unilaterally and not done in a way that appears favorable towards a certain viewpoint or speaker,” Filler said.

Curriculum, Instructional and Library Materials

KLB: amendment to the public complaint process about curriculum or instructional materials, which also includes challenges to library materials.

KLB-E(1): modified the form to complete requesting reconsideration of instructional materials.

KLB-E(2): created a new form for parents and guardians to opt out of certain library materials being checked out that are not part of the curriculum or instruction.

IIAC: revised the library materials selection and adoption policy.

“With respect to sample policies KLB and IIAC, school boards can edit the criteria for library materials and other parameters around materials challenges to fit their district, after consultation with their own local school attorney,” Filled said.

Other Amendments to Sample Policies

JFC: revised the student conduct policy to incorporate artificial intelligence into the cheating prohibition.

JEC: adjusted language on school admissions age.

KG-R(1): language amendments to match sample policy KG to be consistent with the number of days in advance someone needs to submit a facility use request.

The sample policies and exhibitions can be found online through ASBSD’s Policy Services website. For questions related to either, contact Filler at jfiller@asbsd.org or at 605-773-2513.

To access the ASBSD Policy Services website, school board members and administrators must login at http://policy.asbsd.org. Your district’s login and password information has been previously provided to your district’s administration.

If you are not able to access the ASBSD Policy Services website, please contact your district’s administration or ASBSD Policy Services Associate Kay Thompson-Tieszen at kay@asbsd.org.

Note: For ASBSD member schools who are Online Policy Services subscribers you may access a PDF copy of the modifications made to these policies through your school districts online policy site, simply choose the ASBSD Communications option under the Policies tab.

by ASBSD Executive Director Dr. Douglas R. Wermedal

Note: Beyond curriculum and planned learning outcomes are the critical social skills students build as they interact in various settings. Sometimes it’s as simple as a shared affinity for bacon bits.

There they were just waiting on the school lunchroom salad bar. Not supervised by an adult, uncovered, unsecured, unguarded, ripe for the taking. Slotted between scorned stacks of celery and rapidly petrifying baby carrots, sat great reddish heaps of crispy delightfulness in a deep stainless steel well. Crunchy tasty, salty bacon bits in easy reach. Soon the two second grade girls stepped up and after looking furtively about the bustling lunchroom, lived out every health inspector’s nightmare thrusting their bare hands into the bacon bits. Filling their coat pockets with handfuls of pilfered bacon bits like a payloader dumping buckets of earth into a hole. Stolen bacon bits taste best.

The playground of the Sioux Valley Elementary School was the scene of an impromptu bacon bit banquet that day. Bacon bits under the monkey bars as the girls nibbled away at their secret cache of salad bar contraband. After this first theft it became easier and soon many extra helpings of bacon bits were consumed at recess. Occasionally they would forget what their pockets held and hanging upside down on the monkey bars would produce a passing shower of bacon bits on the classmates playing below. On other occasions some bacon bits made it back into the classroom from the playground and served as an excellent snack between long division and reading.

Busted. Turns out bacon bits do not launder well. Mom checks the pockets of coats before she washes them and that is how the bacon burglars were found out. A mom of young kids is used to finding all manner of miscellany in pockets, but bacon bits was new territory. Confronted with her misdeed my daughter confessed and implicated her co-conspirator. My wife gave that mom a quick call too; no one wants to see what heated bacon bits can do to a dryer.

This story came tumbling out of my now adult daughter recently as somehow our conversation landed on school lunches. As parents we had been aware of the bacon-spired kleptomania, but not really how long it went on before detection. This bit of bacon nostalgia inspired another favorite memory from her Sioux Valley school lunch days, and that was the naming of items on the menu. School cafeteria staff can get pretty creative when naming menu items. Case in point -- the Cossack version of a sloppy joe.

To be fair the sloppy joe is a food item which has many monickers. The previously noted term sloppy joe being the most ubiquitous among them. Other common terms include, barbecue, spoonburgers, tavern, maid-rite but any Sioux Valley kid of a certain era will recognize the sloppy joe by its specific to our school district name -- the legendary – Mojo Loose Meat Sandwich.

I ate plenty of Sioux Valley school lunches during my kids’ time in K-12 land. I regret deeply during none of these lunches did I encounter the Mojo Loose Meat Sandwich. The sandwich sounds magical, like eating the “Mojo” would give you superpowers for a short time like Popeye and his special brand of spinach.

My dad, a Korean War veteran, spent part of his youth in the army and did part of his hitch as a cook. Dad shared many of the names for army food developed by the soldiers. A particular item, chipped beef in white gravy served over toast which according to my late father was called an “SOS Lunch.” The SOS part had nothing whatever to do with a rescue at sea.