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House Passes HB 1234 by a Vote of 41-28 Bill Moves to State Senate

February 13, 2012

After a 45 minute debate, the House of Representatives voted 41-28 to send HB 1234 to the Senate. Representatives did remove the Perry Amendment, which would have ended the current due process procedures for teachers who have continuing contract and replaced it with a non-binding administrative hearing procedure all. Here is the final vote from the House Floor:

Click Here to See How Your Legislators Voted


Many opponents spoke against the bill few representatives spoke in favor. Most continued to ask for the empirical evidence that shows that merit pay and ending continuing contract for teachers would actually improve student achievement. Others asked the bill's supporters to outline the problems that HB 1234 solves.

Representative Hunhoff of Yankton offered an amendment to create a task force to look at student achievement and study whether or not this plan would address the issue. The amendment failed with by a vote of 20-49.

Those who spoke in favor of the bill continued to say there is more work to be done and we need to "keep it moving through the process". Others said we have to "start somewhere". In light of this we must keep working to ensure this is not the final language. We also need to take a moment to thank those representatives who voted no on HB 1234!

As the bill moves over to the Senate, we must refocus the debate on what works for kids! SDEA knows that highly qualified and caring teachers are essential to student learning and success. We must make teaching a financially viable profession so we can attract and retain good teachers in our public schools. A good teacher pay system is based on multiple measures and includes strong professional development opportunities.

So-called "merit pay" programs that provide extra money to teachers whose students perform well on standardized tests aren't that effective and don't do much to attract and retain good teachers in high-need areas.

We need to talk about how eliminating teachers' fair dismissal rights will not improve the quality of teaching or help address the teacher shortage. Effective recruitment, preparation, licensure, and hiring - followed by performance-based evaluation and career-long professional development - are the surest means of maintaining teacher quality.

The vast majority of teachers do a good job under difficult circumstances. Focusing on the few ineffective teachers is a distraction from the real priority- ensuring that EVERY CHILD has qualified, caring, committed teachers.

Please ask your state senators to invest in the things that matter: recruiting the right people to the teaching profession, supporting new teachers at the beginning of their careers, providing ongoing training that is relevant, developing student focused evaluation systems to measure teacher effectiveness, and giving teachers and students the resources they need to succeed.

Follow us on Twitter and Facebook. Visit our fan page at www.facebook.com/sdea.org or find us on Twitter by searching for SDEAeducators!


HB 1234 Heading to House Floor

Despite numerous appeals from practicing teachers, the House Education Committee sent HB 1234, the Governor's merit pay proposal, to the House Floor by a 9-4 vote. The vote was party line.

As the testimony began in the morning, an amendment created by a committee of six republican legislators was offered. The amendment allows for a local option in the development of the "teacher reward program". The bill will now allow the districts to adopt a plan which may be based three "model plans" to be determined by the Department of Education. Districts may also write a plan from scratch, however, those plans will still have to be approved by the DOE. Districts can still choose to opt out of the plan all together or they can opt to use the Governor's original merit pay plan. While the local option is somewhat of an improvement; it is still a top down approach.

The major amendment also changed the provision to reward math and science teachers. In its current form, HB 1234 will grant all NEW math and science teachers an $8,000 annual bonus for the first five years of their careers. Concerns were raised about what those teachers will do in year six of teaching. Will they take an $8,000 pay cut or will they move to a state where they can receive a higher base salary and be afforded due process rights?

The bill continues to mandate the implementation of a statewide evaluation system that is based largely on test scores. Principal evaluation is still intact for now.

ACTION ALERT! Amendment Ends Current Continuing Contract Process for ALL!

The most serious amendment was brought by Representative Perry. The amendment drastically alters the due process procedures for ALL teachers. If passed in its current form, HB 1234 will provide for a non-binding hearing in front of a third party hearing examiner with no further recourse. Even if the hearing examiner agrees with the teacher, the school board doesn't have to accept the decision. The teacher will not be able to appeal to circuit court. The teacher will also have to pay for half the cost of the hearing. This is a major step backwards and essentially guts continuing contract for everyone.

Please Contact Your Legislators! Urge them to support due process rights for ALL teachers. Let them know the process we have in place now works!!

SDEA would like to thank the teachers who took the time to come to the Capitol to testify. They did an outstanding job! Their testimony was compelling and most importantly from the heart. They truly represented your profession well. We are still getting positive comments about their testimony before the committee. We are working on putting together videos and pictures from the day. Here is a little glimpse of what they had to say. Thank you again! You made South Dakota's teachers proud!

Follow us on Twitter and Facebook. Visit our fan page at www.facebook.com/sdea.org or find us on Twitter by searching for SDEAeducators!


Update on HB 1234

February 1, 2012

SDEA has received word that the House Education Committee will take up HB 1234, the Governor's merit pay plan, on Wednesday, February 8th at 7:45 am.

Educators from across the state will have the opportunity to come to the Capitol to offer their specific concerns and talk about alternatives. HB 1234 takes our public schools in the wrong direction for students. We must focus on what helps students the most: recruiting the right people to the teaching profession, supporting new teachers at the beginning of their careers, providing ongoing training that is relevant, giving teachers the resources they need to succeed, and developing meaningful evaluation systems to measure teacher effectiveness. Please contact your legislators and offer these alternatives to merit pay!

The Other Side of the Story

The Brooking School Board has developed an informative power point presentation which takes a closer look at the Governor's" Investing in Teachers Program". It's well worth the read and would be great to share with your friends and colleagues.

Senate State Affairs Moves Funding Bill

The Senate State Affairs Committee sent SB 124 to the Senate Floor with a unanimous due pass recommendation. Senator Larry Rhoden introduced the bill which will put the one-time money that was appropriated last year into the base funding formula. If the bill becomes law, it will mean an additional $97 per student in each school district. SDEA is supporting the bill in its current form and we encourage you to contact your state senators and ask them to do the same.

Collective Bargaining

Legislators will be wrapping up their week tomorrow. SDEA is still waiting for HB 1261, which will prohibit collective bargaining for public employees, to be scheduled in the House State Affairs Committee. SDEA is talking committee members and letting them know that Collect Bargaining works. HB 1261 does nothing to improve student learning; it only takes away the voice of the adults that work directly with kids and who know their needs best. Ultimately, this is about local control. Collective bargaining simply brings everybody together to identify and address the local needs of a school district.

Follow us on Twitter and Facebook. Visit our fan page at www.facebook.com/sdea.org or find us on Twitter by searching for SDEAeducators!


Governor's Bill Officially Introduced! Work Begins to Defeat HB 1234!

January 25, 2012

Governor Daugaard's plan is finally in bill form. It was introduced by the House Education Committee on behalf of the Governor. If passed, HB 1234 will do the following:

  • Imposes a mandatory statewide evaluation system. Every teacher will be evaluated every year. Fifty percent of the evaluation will be based on quantitative data (test scores) and fifty percent will be based on qualitative data such as classroom evaluations, parent and student surveys, peer review and or portfolios.
  • Pays $5,000 to the top 20 percent of teachers in each school district
  • Automatically pays $3,500 to all middle school and high school science and math teachers
  • Requires every other year evaluation for principals
  • The right to continuing contract and due process are phased out

The bill has not been scheduled for a hearing. SDEA will be doing further analysis of the bill in the coming days and offering alternatives to the proposal. Stay tuned to Lobby Line for developments on this major legislation. The House Education Committee also took testimony on HB 1145, which is a complete repeal of continuing contract for teachers. The only proponent was Rep. Betty Olson who is the bill's sponsor. Opponents included SDEA, Associated School Boards of South Dakota and the School Administrators of South Dakota. The committee deferred action and will probably take it up again after it has taken final action on HB 1234.

Tomorrow, the Senate Education Committee will take testimony on SB 25, which provides for the creation of a new state accountability system for public elementary and secondary schools. This bill is will give the Department of Education the authority to establish an alternative accountability system as outlined in the state's No Child Left Behind Waiver application.

SDEA is currently opposing this bill because it grants too much authority to the SDDOE without enough legislative oversight. SDEA is seeking more details on the actual accountability plan before it will support granting such rule making authority to the SDDOE.

Follow us on Twitter and Facebook. Visit our fan page at www.facebook.com/sdea.org or find us on Twitter by searching for SDEAeducators!



House Education Committee to Debate Bill That Removes Continuing Contract Rights for All Teachers

January 23, 2012

Several bills were filed today including HB 1145, which will take away continuing contract and fair dismissal rights for all teachers. The bill is scheduled to be heard in the House Education Committee on Wednesday morning at 7:45 AM.

This is different from the Governor's proposal in that it will revoke continuing contract rights for ALL teachers. Please contact your local legislators and ask them to vote no on HB 1145. Share with them that continuing contract laws simply spell out the reasons for which a teacher may be dismissed - and the process for fair dismissal.

Members of the House Education Committee Include:

If one of these Representatives is from your home district, please contact them as soon as possible. There is a great deal of misinformation about continuing contract and we need your help educating all legislators about the importance of affording teachers these due process rights!

Follow us on Twitter and Facebook. Visit our fan page at www.facebook.com/sdea.org or find us on Twitter by searching for SDEAeducators!


Week Two Ends.Still Waiting for Governor's Bill!

Pierre - (January 20, 2012)Legislative Session Moves into its Third Week

Legislators just wrapped up the second week of the 2012 Legislative Session. They were not in session on Tuesday and Wednesday in honor of former Governor Bill Janklow who passed away last week from brain cancer. It has been a somber week in Pierre, however, legislators returned on Thursday ready to work.

The short week has delayed the filing of many bills. We expect the bill load to increase dramatically at the beginning of next week as the filing deadline for unlimited bills is next Monday. We have yet to see the bill for the Governor's plan for merit pay and the phase out of continuing contract, so the details of the actual proposal are still sketchy. As soon as it is filed, we will notify our Lobby Line users.

Have Coffee with Your Local Legislators

Are you looking for something to do this weekend? How about attending a local cracker barrel or legislative coffee? Check the schedule to see if there is one in your area.

Get your tool kit here!
Ten Golden Rules of Lobbying!
Can't attend a legislative cracker barrel...Contact Them Via Our Legislative Action Center!

What They Are Saying Around the State.

Educators, legislators, discuss governor's reform proposals
Aberdeen American News

BY CALVIN MEN, CalvinMen@aberdeennews.com 3:05 a.m. CST, January 18, 2012
Teachers and administrators from Aberdeen public schools convened at Central High School to voice their frustration and resentment to state legislators about Gov. Dennis Daugaard's education reform proposal.

School leaders say Daugaard proposal takes wrong tack
Rapid City Journal

Aaron Orlowski, aaron.orlowski@rapidcityjournal.com Posted: Friday, January 13, 2012 1:16 pm
Superintendents at Spearfish and Lead-Deadwood school districts doubt that Gov. Dennis Daugaard's proposal to remove tenure and offer annual bonuses as high as $8,500 to math and science teachers will accomplish the governor's goals of drawing talented workers and teachers to the state.

Editorial: Show us why the Governor's education plan will work
Argus Leader

Prove need to drop tenure, explain how conclusion was reached From the first long-division assignment in elementary school to solving partial derivatives in calculus class, math teachers insist students show their work....

Governor Promotes School Plan
Yankton Press and Dakotan

BY Nathan Johnson Published: Saturday, January 14, 2012 1:09 AM CST
In an effort to sell his 2013 budget proposals regarding workforce development and education to the public, Gov. Dennis Daugaard spoke to a Yankton audience Friday afternoon.

Board: Listen to schools' side of story
Brookings Register

By Charis Ubben, The Brookings Register A 45-minute discussion over lunch Monday ended with the Brookings School District Board of Education saying it wants the community to know how Gov. Dennis Daugaard's proposals about bonus pay and teacher ...

K-12 schools demands change since 1971
Madison Daily Leader

Schaefer said that Daugaard's numbers for teachers and other employees are similar to comparing apples and oranges. "IDEA is a program that's required today and not then," Schaefer said. "We have an entire field of special education teachers that ...

Follow us on Twitter and Facebook. Visit our fan page at www.facebook.com/sdea.org or find us on Twitter by searching for SDEAeducators!


Investing in All Teachers is What's Best For Students!

Pierre - (January 10, 2012) South Dakota's teachers are committed to ensuring that every child has qualified, caring, and committed teachers.

To that end, South Dakota must have a comprehensive, meaningful and fair accountability system that is student focused. It must be based on sound research and support rigorous standards. To be effective, the system must be adequately funded to ensure proper training for all - including teachers, administrators and school board members. Most importantly, a successful accountability system improves student learning. As we see it, this plan, as outlined by the Governor, falls short in all of these areas. This punitive approach will certainly undermine the spirit of collaboration in our schools.

Teachers know the learning needs of students' best and their involvement in the development of any system is critical. Furthermore, it is crucial that accountability systems are agreed upon at the local level to ensure trust by the teachers, administrators, parents and the community as a whole.

South Dakota must focus on what helps students the most: recruiting the right people to the teaching profession, supporting new teachers at the beginning of their careers, providing ongoing training that is relevant, developing meaningful evaluation systems to measure teacher effectiveness, and giving teachers the resources they need to succeed.

The vast majority of teachers do a good job under difficult circumstances. Tell your legislators that focusing on the few ineffective teachers is a distraction from the real priority- ensuring that EVERY CHILD has qualified, caring, committed teachers.

Follow us on Twitter and Facebook. Visit our fan page at www.facebook.com/sdea.org or find us on Twitter by searching for SDEAeducators!


South Dakota Education Association Statement on Governor Daugaard's Proposal for School Accountability and Merit Pay

Pierre - (January 10, 2012) Governor Dennis Daugaard is proposing a new school accountability system that imposes a statewide evaluation system on school districts, requires districts to participate in a merit pay system that relies heavily on standardized test scores and eliminates fair dismissal procedures for teachers who have not already received continuing contract status. Sandy Arseneault, SDEA President, released the following statement.

"SDEA agrees with Governor Daugaard that South Dakota needs an effective accountability system that ensures high standards for all teachers and promotes great teaching. However, we differ significantly on how such systems should be developed and utilized. Daugaard's proposal appears to be another one-size-fits all approach and continues to rely heavily on high-stakes testing. The Governor's proposal will do little to help school districts or teachers improve instruction, which is crucial to student learning.

South Dakota must have a comprehensive, meaningful and fair accountability system that is student focused. It must be based on sound research and support rigorous standards. To be effective, the system must be adequately funded to ensure proper training for all - including teachers, administrators and school board members. Most importantly, a successful accountability system improves student learning. Teachers know the learning needs of students' best and their involvement in the development of any system is critical. As we see it, this plan, as outlined by the Governor, falls short in all of these areas. This punitive approach will certainly undermine the spirit of collaboration in our schools.

The good news is we still have 34 legislative days to work with the Administration and the Legislature to come to an agreement on a plan that provides the tools teachers need to continuously tailor instruction, enhance the practice and advance student learning. If we work together, we can devise a system that is fair for all and will truly ensure that every student has a high quality teacher in their classroom."

SDEA is South Dakota's largest education professionals' organization, representing more than 7,000 elementary and secondary teachers, higher education faculty, education support professionals, retired educators and students preparing to become teachers.

Click Here to sign up for SDEA Lobby Line Newsletters to keep track of happenings in the legislature.
Utilize SDEA's Lobbyline Capwiz at sdea.org/lobbyline to look up bills, legislators, and more. Join SDEA on Facebook, and follow us on Twitter to get the latest news on bills effecting education.

ts for ALL teachers. Please contact your local legislators and ask them to vote no on HB 1145. Share with them that continuing contract laws simply spell out the reasons for which a teacher may be dismissed - and the process for fair dismissal.

Members of the House Education Committee Include:

If one of these Representatives is from your home district, please contact them as soon as possible. There is a great deal of misinformation about continuing contract and we need your help educating all legislators about the importance of affording teachers these due process rights!

Follow us on Twitter and Facebook. Visit our fan page at www.facebook.com/sdea.org or find us on Twitter by searching for SDEAeducators!

Week Two Ends.Still Waiting for Governor's Bill!

Pierre - (January 20, 2012)Legislative Session Moves into its Third Week

Legislators just wrapped up the second week of the 2012 Legislative Session. They were not in session on Tuesday and Wednesday in honor of former Governor Bill Janklow who passed away last week from brain cancer. It has been a somber week in Pierre, however, legislators returned on Thursday ready to work.

The short week has delayed the filing of many bills. We expect the bill load to increase dramatically at the beginning of next week as the filing deadline for unlimited bills is next Monday. We have yet to see the bill for the Governor's plan for merit pay and the phase out of continuing contract, so the details of the actual proposal are still sketchy. As soon as it is filed, we will notify our Lobby Line users.

Have Coffee with Your Local Legislators

Are you looking for something to do this weekend? How about attending a local cracker barrel or legislative coffee? Check the schedule to see if there is one in your area.

Get your tool kit here!
Ten Golden Rules of Lobbying!
Can't attend a legislative cracker barrel...Contact Them Via Our Legislative Action Center!

What They Are Saying Around the State.

Educators, legislators, discuss governor's reform proposals
Aberdeen American News

BY CALVIN MEN, CalvinMen@aberdeennews.com 3:05 a.m. CST, January 18, 2012
Teachers and administrators from Aberdeen public schools convened at Central High School to voice their frustration and resentment to state legislators about Gov. Dennis Daugaard's education reform proposal.

School leaders say Daugaard proposal takes wrong tack
Rapid City Journal

Aaron Orlowski, aaron.orlowski@rapidcityjournal.com Posted: Friday, January 13, 2012 1:16 pm
Superintendents at Spearfish and Lead-Deadwood school districts doubt that Gov. Dennis Daugaard's proposal to remove tenure and offer annual bonuses as high as $8,500 to math and science teachers will accomplish the governor's goals of drawing talented workers and teachers to the state.

Editorial: Show us why the Governor's education plan will work
Argus Leader

Prove need to drop tenure, explain how conclusion was reached From the first long-division assignment in elementary school to solving partial derivatives in calculus class, math teachers insist students show their work....

Governor Promotes School Plan
Yankton Press and Dakotan

BY Nathan Johnson Published: Saturday, January 14, 2012 1:09 AM CST
In an effort to sell his 2013 budget proposals regarding workforce development and education to the public, Gov. Dennis Daugaard spoke to a Yankton audience Friday afternoon.

Board: Listen to schools' side of story
Brookings Register

By Charis Ubben, The Brookings Register A 45-minute discussion over lunch Monday ended with the Brookings School District Board of Education saying it wants the community to know how Gov. Dennis Daugaard's proposals about bonus pay and teacher ...

K-12 schools demands change since 1971
Madison Daily Leader

Schaefer said that Daugaard's numbers for teachers and other employees are similar to comparing apples and oranges. "IDEA is a program that's required today and not then," Schaefer said. "We have an entire field of special education teachers that ...

Follow us on Twitter and Facebook. Visit our fan page at www.facebook.com/sdea.org or find us on Twitter by searching for SDEAeducators!


Investing in All Teachers is What's Best For Students!

Pierre - (January 10, 2012) South Dakota's teachers are committed to ensuring that every child has qualified, caring, and committed teachers.

To that end, South Dakota must have a comprehensive, meaningful and fair accountability system that is student focused. It must be based on sound research and support rigorous standards. To be effective, the system must be adequately funded to ensure proper training for all - including teachers, administrators and school board members. Most importantly, a successful accountability system improves student learning. As we see it, this plan, as outlined by the Governor, falls short in all of these areas. This punitive approach will certainly undermine the spirit of collaboration in our schools.

Teachers know the learning needs of students' best and their involvement in the development of any system is critical. Furthermore, it is crucial that accountability systems are agreed upon at the local level to ensure trust by the teachers, administrators, parents and the community as a whole.

South Dakota must focus on what helps students the most: recruiting the right people to the teaching profession, supporting new teachers at the beginning of their careers, providing ongoing training that is relevant, developing meaningful evaluation systems to measure teacher effectiveness, and giving teachers the resources they need to succeed.

The vast majority of teachers do a good job under difficult circumstances. Tell your legislators that focusing on the few ineffective teachers is a distraction from the real priority- ensuring that EVERY CHILD has qualified, caring, committed teachers.

Follow us on Twitter and Facebook. Visit our fan page at www.facebook.com/sdea.org or find us on Twitter by searching for SDEAeducators!


South Dakota Education Association Statement on Governor Daugaard's Proposal for School Accountability and Merit Pay

Pierre - (January 10, 2012) Governor Dennis Daugaard is proposing a new school accountability system that imposes a statewide evaluation system on school districts, requires districts to participate in a merit pay system that relies heavily on standardized test scores and eliminates fair dismissal procedures for teachers who have not already received continuing contract status. Sandy Arseneault, SDEA President, released the following statement.

"SDEA agrees with Governor Daugaard that South Dakota needs an effective accountability system that ensures high standards for all teachers and promotes great teaching. However, we differ significantly on how such systems should be developed and utilized. Daugaard's proposal appears to be another one-size-fits all approach and continues to rely heavily on high-stakes testing. The Governor's proposal will do little to help school districts or teachers improve instruction, which is crucial to student learning.

South Dakota must have a comprehensive, meaningful and fair accountability system that is student focused. It must be based on sound research and support rigorous standards. To be effective, the system must be adequately funded to ensure proper training for all - including teachers, administrators and school board members. Most importantly, a successful accountability system improves student learning. Teachers know the learning needs of students' best and their involvement in the development of any system is critical. As we see it, this plan, as outlined by the Governor, falls short in all of these areas. This punitive approach will certainly undermine the spirit of collaboration in our schools.

The good news is we still have 34 legislative days to work with the Administration and the Legislature to come to an agreement on a plan that provides the tools teachers need to continuously tailor instruction, enhance the practice and advance student learning. If we work together, we can devise a system that is fair for all and will truly ensure that every student has a high quality teacher in their classroom."

SDEA is South Dakota's largest education professionals' organization, representing more than 7,000 elementary and secondary teachers, higher education faculty, education support professionals, retired educators and students preparing to become teachers.

Click Here to sign up for SDEA Lobby Line Newsletters to keep track of happenings in the legislature.
Utilize SDEA's Lobbyline Capwiz at sdea.org/lobbyline to look up bills, legislators, and more. Join SDEA on Facebook, and follow us on Twitter to get the latest news on bills effecting education.

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