Positions are updated as POSITIONS ON 2021 PENDING LEGISLATION bills are able to be BY THE reviewed by the District. LEGEND SIOUX FALLS SCHOOL DISTRICT Color Key Updated

Sioux Falls Legislators Positions not yet approved by District 6 – , , Aaron Aylward School Board District 9 – , , Bethany Soye Passed both District 10 – Margaret Sutton, , houses District 11 – , , District 12 – , , Greg Jamison Dead

District 13 – , , Richard Thomason Key Bills District 14 – , , Taylor Rehfeldt District 15 – , ,

House Bill 1007 Introduced by: The Committee on Local Government at the request of the Bureau of Administration Melissa Braak 367-7901 An Act to revise certain provisions regarding checks or bid bonds for public improvements. This bill contains clean-up language. Position: The District takes no position on this bill.

House Bill 1025 Introduced by: The Committee on Education at the request of the Department of Education Todd Vik 367-7909 An Act to delete or revise certain outdated language relating to education. This bill contains clean-up language. Position: The District takes no position on this bill.

House Bill 1046 Introduced by: Representatives Anderson, Bartels, Barthel, Blare, Chaffee, Chase, Derby, Deutsch, Drury, Finck, Gosch, Greenfield (Lana), Gross, Hoffman, Jensen (Kevin), Koth, Ladner, Miskimins, Mortenson, Odenbach, Olson, Otten (Ernie), Perry, Peterson (Kent), Reed, Rehfeldt, Reimer, Tidemann, Vasgaard, Weisgram, and Willadsen and Senators Diedrich, Crabtree, Curd, Duvall, Greenfield (Brock), Hunhoff, Johnson (David), Kolbeck, Maher, Novstrup, Otten (Herman), Rohl, Smith (VJ), Stalzer, Steinhauer, Tobin, Wiik, and Zikmund Brett Arenz 367-4670

An Act to limit liability for certain exposures to COVID-19.

This bill limits liability for certain exposures to COVID-19. No claim for damages can be brought unless a person (including a business or political subdivision) intended to transmit COVID-19. Position: The District supports this bill.

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House Bill 1050 Introduced by: Representatives Reed, Anderson, Barthel, Blare, Chase, Hoffman, Keintz, Perry, Tidemann, and York and Senators Otten (Herman), Duhamel, and Zikmund Todd Vik 367-7909 An Act to modify certain publishing requirements in official newspapers. As amended, this bill modifies certain publishing requirements in official newspapers. For larger newspapers (circulation over 9,000), this bill increases the current allowed fee per column inch from $5.93 to $6.00 ($493 or 0.9%), sets in statue an annual increase of the lesser of 2% or inflation, increases the font size from 6pt to 9py 7pt while increasing the column width for zero impact ($24,350 or 48.7% -- not exactly 50% as part of the District cost is a flat $10.00 fee for the newspaper filing the required affidavit for proof the minutes were printed), requires public entities to pay for a message indicating the minutes can also be found online at a central repository (estimated increase with the additional pt size for this new required language is $475 (0.95%) $884 or 1.8%), and allows newspapers to print their required number of issues to be eligible to be a legal newspaper online instead of in print.

Position: The District opposes this bill even with the amendment. The Sioux Falls School District currently spends almost $50,000 per year on legal notices. This bill will increase that amount by approximately 2% and guarantee an annual increase in the rates. Since the internet became ubiquitous years ago and many local governments have been posting minutes on their internet sites, those governments have been petitioning the Legislature to drop the requirement that they continue to pay to print them in local newspapers who have had declining readership for years. The primary arguments against those bills were twofold: 1) not everybody has access to the internet, and 2) if the minutes are only stored on the local government’s website the local government can nefariously change them without the public having access to the original copy. Ironically, this bill flies in the face of both those arguments as follows:

1) It allows legal newspapers to establish their required number of “printings” by posting them online. If local governments need to print their already online minutes (in many cases) in a newspaper because there are allegedly many people who only get their information from a printed newspaper, why does this bill allow legal newspapers to be printed only online?

2) It establishes a centralized online clearinghouse where local government minutes are stored. Why does a centralized online clearinghouse need to be by maintained by the newspaper association? A third-party government site such as Open SD could host the site.

This bill should be hoghoused to eliminate the requirement for local governments to “print” their minutes in a local newspaper and instead require that they be posted on Open SD or some other 3rd party governmental site. The notice stating the minutes are available at each local government’s website and on Open SD can still be printed in the legal newspaper.

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House Bill 1056 Introduced by: Representatives Deutsch, Gross, Hoffman, Keintz, Otten (Ernie), Perry, and St. John and Senators Stalzer, Bolin, Castleberry, Greenfiedl (Brock), Novstrup, Wiik, and Zikmund Dr. James Nold 367-5384 An Act to authorize the designation of Purple Star schools. This bill would place into law the rules for schools to be designated a Purple Star school. The Purple Star school program is designed to help schools respond to the educational and social- emotional challenges military-connected children face during their transition to a new school. The school would be required to have a military staff liaison designated along with duties this person would need to complete to assist the students referenced. . Position: The District takes no position on this bill. The Sioux Falls School District assists all students and families in the process of acclimating to a new school by having established transition practices in place to address the unique needs of student mobility.

House Bill 1066 Introduced by: Representatives Deutsch and Mills and Senator Wiik Todd Vik 367-7909 An Act to authorize the transfer of wind energy tax revenue from a school district general fund. This bill prohibits the transfer of any wind energy tax revenue to the capital outlay fund, bond redemption fund or the capital projects fund of a district. Position: The District takes no position on this bill.

House Bill 1082 Introduced by: The Committee on Education Demi Moon 367-7871 An Act to revise certain state aid to education definitions for the 2021-2022 school year. This bill is attempting to assist districts that are not able to WIDA test their English Learners this year due to remote learning. By taking the higher value, districts will be able to keep their assistance even if they do not have any (or enough) English Learners test this year. For one year, districts will be paid their extra state aid for identified EL students scoring below 4.0 on the WIDA based on the higher of the two counts between Spring 2020 and Spring 2021.

Position: The District supports this bill. In Sioux Falls, we hope to be able to test almost all of our EL students, even those in the Virtual Academy, but there are districts that have been remote all year and are concerned about not getting those students to come in and test.

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House Bill 1083 Introduced by: The Committee on Education Dr. Kirk Zeeck 367-7923 An Act to grant authority to the secretary of education to waive accountability requirements in certain situations. This bill is attempting to grant authority to the South Dakota Secretary of Education to waive accountability requirements in certain situations, such as a nationally declared emergency, through December 31, 2024. Position: The District supports this bill.

House Bill 1097 Introduced by: Representatives Pischke and Jensen (Phil) Molly Satter 367-7933 An Act to provide for philosophical exceptions to required vaccinations. This bill is attempting to allow philosophical exemptions to school immunization requirements. Position: The District opposes this bill. Decreased immunization protection results in outbreaks of disease, which impacts the health of students and staff and school attendance. Schools look to trusted health care agencies such as the Centers for Disease Control, American Academy of Pediatrics, and the state and local health departments, for guidance on health-related matters. The research and guidance put forth by these agencies supports and encourages students to be vaccinated in an effort to prevent spreading communicable diseases and keep students healthy and in school.

House Bill 1108 Introduced by: Representative Bordeaux Dr. James Nold 367-5384 An Act to permit the playing of an honor song or Lakota Flag Song at certain graduation ceremonies. This bill would require schools to allow the playing of honor songs or Lakota Flag song at a graduation if requested by a graduating student. Position: The District opposes this bill. The decision of programming for ceremonies such as graduation should be determined locally by the school board and school district.

House Bill 1117 Introduced by: Representatives Reed, Barthel, Hoffman, Koth, and Willadsen and Senators Otten (Herman) and Duvall Brett Arenz 367-4670 An Act to revise provisions for public meetings held by teleconference. This bill clarifies that when all members of the school board (or other public body) are meeting by teleconference, it is sufficient to allow the public to listen and participate via telephone or internet. The public body need not provide a physical meeting location for the public to listen and participate. Position: The District supports this bill.

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House Bill 1118 Introduced by: Representative Finck and Senator Schoenfish Todd Vik 367-7909 An Act to suspend the required reduction in state aid resulting from school district general fund cash balances. This bill suspends through fiscal year 2024 the general fund state aid penalty for excessive cash balances. Position: The District takes no position on this bill.

House Bill 1120 Introduced by: Representatives Hansen, Finck, Gosch, Hoffman, Perry, and Pourier and Senators Kolbeck, Novstrup, and Zikmund Todd Vik 367-7909 An Act to establish a website for the posting of notices for certain local governments. This bill requires the Bureau of Administration (BOA) to create and maintain a publicly searchable website for uniform posting and access of local government meeting information including notices of meetings and minutes of meetings. The bill also requires local governments to maintain a list serve emailing constituents when the governments posts to the BOA site and they must still post meeting notices and related information on their own website and at their main place of business. Position: The District would amend this bill. The bill is a big step in the right direction but should be amended to exempt minutes and other meeting notices covered under this bill from having to be included in the legal notices printed in the local government’s legal newspaper. Instead, a notice stating they are available at the BOA site can be printed in the newspaper or a link on its website.

House Bill 1127 Introduced by: Representatives Reed, Barthel, Cwach, Greenfield (Lana), Hoffman, Koth, and Willadsen and Senator Duvall Brett Arenz 367-4670 An Act to revise certain provisions regarding official meetings conducted by teleconference. This bill removes the requirement that every vote in a teleconference meeting be taken by roll call. Rather, if there is a vote in the negative on the voice vote, a roll call must be taken. Position: The District supports this bill.

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House Bill 1128 Introduced by: Representatives Mulally, Deutsch, Greenfield (Lana), Hoffman, Howard, Jensen (Phil), and Perry and Senator Frye-Mueller Brett Arenz 367-4670 An Act to establish requirements for public meeting notices and materials. This bill adds to the required notice for meetings of political subdivisions. In addition to the most recent version of the proposed agenda, the notice must also include materials required by SDCL §1-27-1.16 – any printed material relating to an agenda item of the meeting that is prepared and distributed to members of the public body. Currently, these materials are required to be posted online or made available at the official business office of the public body. Position: The District would attempt to amend this bill. It should be made clear that these materials can be posted online, in accordance with SDCL §1-27-1.16.

House Bill 1129 Introduced by: Representatives Mulally, Deutsch, Hoffman, Howard, Jensen (Phil), Otten (Ernie), Perry, and Pourier Brett Arenz 367-4670 An Act to establish requirements for livestreamed public meetings. This bill adds specific requirements for public body livestreaming of meetings including the use of products that: do not require registration or creation of accounts/profiles; allow for archiving of meeting videos; provide ability to limit digital advertisements; allow for the imposition of controls to guard against hacking, misappropriation, misuse, and piracy; allow the public body to disable or moderate public comments. Position: The District opposes this bill. This bill is an unnecessary, added expense for public bodies and actively discourages the livestreaming of public meetings. The bill criminalizes the use of ubiquitous livestreaming platforms such as YouTube and Zoom. You also cannot pirate a meeting that is open to the public – members of the public that record or livestream public meetings on their phones are not the same as someone recording the latest blockbuster movie in theatres. The right to record these meetings is supplied elsewhere in state law. See SDCL §1-25-11.

House Bill 1137 Introduced by: Senator Peterson (Kent) Todd Vik 367-7909 An Act to accommodate legislation relating to education in South Dakota. This bill is a placeholder bill. Position: The District takes no position on this bill at this time.

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House Bill 1157 Introduced by: Representative Jensen (Phil) Dr. Teresa Boysen 367-7816 An Act to establish restrictions governing instructional standards and curricular materials. This bill prohibits public school instruction in four areas (i) advocating for groups of students based on ethnicity, race, religion, gender, or social class; (ii) promoting social justice, division, or resentment of or for any identifiable group of people (including a race, gender, political affiliation, or social class); (iii) any instruction designed primarily for students of a particular ethnic group; (iv) overthrow of the US government. Position: The District opposes this bill. The bill conflates the role of standards (state board responsibility) and curriculum (local school board responsibility) and inserts broad curricular prohibitions into state law. This bill would prohibit all Indian Education instruction, including the Oceti Sakowin Essential Understandings, and other specific programs such as English Language Acquisition and Title programs; this would result in the loss of federal funding for the state and school districts.

House Bill 1158 Introduced by: Representative Jensen (Phil) Dr. Teresa Boysen 367-7816 An Act to prohibit the use of curricular materials that promote racial divisiveness and displace historical understanding with ideology. This bill conflates the role of standards (state board responsibility) and curriculum (local school board responsibility) and inserts broad curricular prohibitions into state law. The bill also provides testimony in front of the school board for any violation as it relates to HB 1157. Personnel issues are not presented publicly before the school board. Position: The District opposes this bill. The bill conflates the role of standards (state board responsibility) and curriculum (local school board responsibility) and inserts broad curricular prohibitions into state law.

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House Bill 1159 Introduced by: Representative Jensen (Phil) Molly Satter 367-7933 An Act to prohibit interference with the right to bodily integrity in contagious disease control. This bill allows a person to decline medical interventions and be free from any consequences of that decision. Prevents schools, employers, and others from imposing any health restrictions or requirements. Position: The District opposes this bill. The bill would prevent schools from applying health requirements for the attendance of school. A school would not be able to exclude a student or staff member with an infectious and untreated communicable disease such as measles or pertussis (whooping cough). This bill could also prevent schools from reporting parental medical neglect (i.e., not caring for a student with a chronic condition, not supplying necessary emergency medications) to DSS, for fear it could be considered retaliatory.

Ironically, the last paragraph of the bill would allow a workplace to screen staff but prohibit them from taking action. If an employer finds that a staff member does not pass the screening and the employer advises the staff member they cannot come to work and should see their doctor to be cleared for work, the first part of the bill would allow the employee to refuse the medical intervention and claim retaliation if not allowed to work. This bill takes away the rights of the employer and the school to offer a safe and healthy environment.

House Bill 1174 Introduced by: Representative Karr Todd Vik 367-7909 An Act to make an appropriation to enhance education in South Dakota and to declare an emergency. This bill is a placeholder bill. Position: The District takes no position on this bill at this time.

House Bill 1187 Introduced by: Representative Bordeaux Dr. Teresa Boysen 367-7816 An Act to require schools to provide instruction on South Dakota’s tribal history, culture, and government. This bill would require the teaching of the Oceti Sakowin Essential Understandings and require school districts to modify curriculum and incorporate elements with a regionally specific focus. The school district must collaborate with federally recognized Indian tribes located within the district or with neighboring tribes to create classroom and community cultural exchanges. Position: The District opposes this bill. The South Dakota Department of Education approved the Oceti Sakowin Essential Understandings and Standards in 2012 with development committees from across the state meeting through 2016 to review, revise, and create lessons for all levels K-12. SDCL §13-1-43 establishes that the purpose of the Board of Education Standards is to develop standards and practices to ensure that by the end of the 12th grade all students have the education and skills to enter adulthood as responsible members of society.

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House Bill 1205 Introduced by: Representative May Becky Dorman 367-7944 An Act to repeal certifications by the National Board for Professional Teaching Standards. This bill would remove the stipend for national board certified teachers, currently paid by the Department of Education. Those who have achieved national board certification by June 30th will still receive the stipend. Position: The District takes no position on this bill.

House Bill 1217 Introduced by: Representatives Milstead, Aylward, Deutsch, Fitzgerald, Goodwin, Gosch, Greenfield (Lana), Hoffman, Mulally, Odenbach, Perry, Randolph, Soye, and Wiese and Senators Sutton, Novstrup, Stalzer, and Wiik Dr. Teresa Boysen 367-7816 An Act to promote continued fairness in women’s sports. This bill defines biological sex for the purposes of school athletics and prohibits non-female participants in a female sport. The bill also creates a private right of action against school districts and other entities. Position: The District opposes this bill. The bill sets up a conflict between state and federal law and places a school district in the crosshairs, permitting and encouraging lawsuits from either side.

House Bill 1224 Introduced by: Representative Jensen (Phil) Dr. James Nold 367-5384 An Act to require the display of the state motto in public school classrooms. This bill would require the state motto be displayed prominently in each classroom. Position: The District opposes this bill as requiring the display in every classroom is burdensome.

House Bill 1279 Introduced by: The Committee on Appropriations Dr. Teresa Boysen 367-7816 An Act to make an appropriation for the development of a K-12 civics and history curriculum and to declare an emergency. This bill would appropriate $900,000 to the Department of Education (DOE) to develop K-12 civics and history curriculum and provide training and professional development. There is a potential conflict with SDCL 13-1-12.1 which prohibits the Board of Education Standards from promulgating rules or otherwise requiring the use of specifically designated curriculum or methods of instruction. SDCL 13-1-43 establishes that the purpose of the Board of Education Standards and DOE is to develop standards and practices to ensure that by the end of 12th grade all students have the education and skills to enter adulthood as responsible members of society. Districts then utilize the standards when designing curriculum and purchasing materials for instruction. Position: The District takes no position on this bill.

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House Bill 1280 Introduced by: The Committee on Appropriations Becky Dorman 367-7944 An Act to make an appropriation for updating the educator certification system within the Department of Education and to declare an emergency. This bill would appropriate $1,531,755 to the Department of Education for the purpose of redesigning the teacher certification system. Position: The District supports this bill. The system is in need of updating and this would benefit all school districts.

House Bill 1283 Introduced by: The Committee on Appropriations Dr. Teresa Boysen 367-7816 An Act to make an appropriation to update the South Dakota virtual school website, registration, and reporting system and to declare an emergency. This bill would appropriate $200,000 to Department of Education in order to update the virtual school website, registration, and reporting system. Position: The District takes no position on this bill.

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Senate Bill 45 Introduced by: The Committee on Education at the request of the Department of Education Todd Vik 367-7909 An Act to repeal the annual survey of schools regarding cardiopulmonary resuscitation instruction. This bill would repeal the annual survey of schools regarding cardiopulmonary resuscitation instruction. Position: The District takes no position on this bill.

Senate Bill 46 Introduced by: The Committee on Education at the request of the Department of Education Dr. James Nold 367-5384 An Act to allow for the consideration of certain instruction to count towards the minimum number of hours required in a school term during a declared state of emergency. This bill would allow for the consideration of certain instruction to count towards the minimum number of hours required in a school term during a declared state of emergency. The bill simplifies some of the process and language related to required educational hours counted towards a school minimum requirement during a declared state of emergency and possible school closures. Position: The District supports this bill.

Senate Bill 49 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management Todd Vik 367-7909 An Act to revise property tax levies for school districts and to revise the state aid to general and special education formulas. This bill increases both State Aid formulas by 2.4 percent per the Governor’s budget address. This is 0.9 percent above the formula’s stated index factor of 3 percent or inflation whichever is less. Also adjusts both formula’s maximum property taxes to maintain the state0wide share between property taxes and state aid in both formulas. Position: The District supports this bill. The 2.4 percent increase will allow school districts to increase teacher (and other employee) compensation by an amount that somewhat keeps up with State Employee increases and provider increases. The additional 0.9 percent, if passed, would mean that, over the ensuing five years, the per student allocation will have increased 0.4 percent more than the statutory index factor increase since the ½ cent sales tax increase. This is a positive trend as 3 percent or inflation, whichever is less, does not keep up with private sector or state employee compensation increases over an extended period of time.

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Senate Bill 68 Introduced by: Senators Heinert, Foster, and Smith (VJ) and Representatives Pourier, Bordeaux, Haugaard, Jensen (Phil), Randolph, and St. John at the request of the Committee on State-Tribal Relations Brett Arenz 367-4670 An Act to provide for the creation and funding of Oceti Sakowin community-based schools. This bill would allow an Oceti Sakowin charter school to apply for sponsorship from any school district or the state Department of Education. If approved, the charter school would receive a pro rata share of all funding received by the district in which it resides. The bill allows for noncertified teachers to provide instruction in a Native American language if they hold a Lakota, Dakota, or Nakota language permit. Position: The District opposes this bill. A school district already has the ability to operate a school in accordance with Oceti Sakowin Essential Understandings and Standards if they wish. Section 5 requires a contractual agreement between the sponsoring district and the charter school setting forth the legal requirements of the charter school. If the legislature desires to place legal requirements on a private nonprofit corporation operating a charter school with public funds, it should do so by passing laws, not by abdicating its responsibility to school districts. This contract would provide insufficient accountability for the private nonprofit corporation operating the charter school. The bill requires a school district send pro rata share of all funds, but still requires the school district to provide special education services. This conflicts with Section 18, which prohibits discrimination in the admission of students based on a student’s special needs. If the bill is not attempting to exempt the charter schools from any state laws or accountability, what is the purpose of the bill?

Senate Bill 120 Introduced by: Senator Cammack Todd Vik 367-7909 An Act to accommodate legislation relating to education in South Dakota. This bill is a placeholder bill. Position: The District takes no position on this bill at this time.

Senate Bill 128 Introduced by: Senator Greenfield (Brock) and Representative Gosch Todd Vik 367-7909 An Act to preclude the assignment of exclusive broadcast rights for certain high school interscholastic activities by an association. As amended, this bill would prohibit a high school activities association from granting or assigning exclusive broadcast rights for non-championship state-level events to a media contractor. Position: The District opposes this bill. Not allowing the South Dakota High School Activities Association to assign exclusive broadcast rights to regional or state tournaments will lead to membership increases for the member schools to cover the costs of conducting the events. As an aside, if this bill is going to pass the Legislature should place a similar restriction on state (public) universities and the broadcast rights to their activities.

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Senate Bill 170 Introduced by: Senator Frye-Mueller and Representatives Weis, Aylward, Jensen (Phil) and Perry Molly Satter 367-7933

An Act to prohibit the conduct of certain physical examinations or screenings on students in a school district without parental consent. This bill is attempting to prohibit physical examinations or screenings on students without a separate and distinct prior written consent from parents prior to each examination or screening. Position: The District opposes this bill. The Sioux Falls School District sees this bill as unnecessary and may have a significant negative impact on our schools. The Federal PPRA (Protection of Pupil Rights Amendment) requires that local school districts create a policy on the administration of physical examinations or screenings that the school may administer to a student, provide notice, and offer an opportunity to opt the student out of participation.

This bill would go beyond the requirements of the federal law and seems unnecessary for the Sioux Falls School District. The Sioux Falls School District has a policy on physical examinations and screenings. The District also has a process for parents or community members to address policy concerns if they feel changes are needed.

The proponents’ intent is not clear within the language of the bill; however, if applied as described by the proponent, this bill could have significant implications for the safety of individual students and the general school population.

For example: does the bill require parental consent each time there is an ear or throat examination, checking a temperature, or administration of feeding or medication through various orifices, etc.? Does the bill prevent school Administrators from conducting necessary searches of students? Due to the safety and security of schools and students, these are questions that should not be left to interpretation.

Any laws drafted with the intent to impact the necessary medical care of students in schools, or searches of students in schools, should be clearly written without any question of intent or application.

Senate Bill 175 Introduced by: Senator Stalzer and Representatives Hansen Todd Vik 367-7909

An Act to remove certain eligibility requirements for the partners in education tax credit program. The bill is a clean up bill which removes certain eligibility requirements for the partners in education tax credit program.

Position: The District takes no position on this bill. .

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Senate Bill 177 Introduced by: Senators Steinhauer, Castleberry, Curd, Klumb, Kolbeck, Novstrup, Stalzer, Sutton, Wiik, and Zikmund and Representatives Reimer, Dennert, Deutsch, Odenbach, and Peterson (Sue) Dr. James Nold 367-5384

An Act to revise the provisions of parental choice regarding compulsory school attendance and matters ancillary thereto. This bill removes accountability for alternative instruction (homeschool) and removes a local school board’s authority to set eligibility standards for participation in school-sponsored activities and athletics. Position: The District opposes this bill. The pandemic has resulted in higher levels of students disengaging completely from their education. A public school exemption system lacking accountability would only exacerbate this problem. In addition to removing the last vestige of accountability for alternative instruction in the state, this bill removes local school boards from the process. In doing so, the bill would remove the safety net for kids who may be vulnerable to educational neglect. We believe that no child should be allowed to fall through the cracks due to an adult's bad choices, and it is our moral obligation to ensure that there is a safety net in place to support students when they are left helpless and without a connection to a caring adult. They are entitled to all the pursuits afforded as an American citizen who is literate, knowledgeable, and able to function in the modern world.

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