Skip Navigation
Our Issues Take Action SDEA at the Capitol Our Victories SDEA Educators Vote
Schools Students Deserve Engaged Families & Communities Freedom to Learn
Teaching & Learning SDEA Summer Academy More Than An Educator
Educator Voice Fair Pay & Benefits Legal Services Union U
Our Mission, Vision, & Values Our Leaders Our Members Our Staff Careers with SDEA
Members-Only Content and Resources
New from SDEA Press Releases Educators Advocate
Awards SDEA Innovation Grant NEA Foundation Grants Scholarships
We use cookies to offer you a better browsing experience, provide ads, analyze site traffic, and personalize content. If you continue to use this site, you consent to our use of cookies.
Two educators look over bargaining proposals together.

Bargaining Toolkit

Prepare to Negotiate the Contract You Deserve
Local negotiations teams must prepare to sit across the bargaining table from business managers, superintendents, school attorneys, and the Board Members who construct and pass the school budgets.

How to use this toolkit

  • Get the information necessary to prepare local bargainers
  • Have the technical understanding for financial conversations
  • Get support from your UniServ Director
Viewing: Toolkit Section Title
Back to Top

Purpose

SDEA realizes that local negotiations teams are often sitting across the bargaining table from business managers, superintendents, school attorneys, and the Board Members who construct and pass the school budgets. SDEA will provide the information necessary to prepare its local bargainers for financial conversations with those on the other side of the bargaining table through this toolkit and support from its UniServ Directors. Contact the UniServ Director from your unit to schedule a bargaining consultation.

Bargaining Basics

  1. Bargaining Process
  2. Bargaining Models
  3. Bargaining Team Roles
  4. Bargaining Terms
  5. Subject of Bargaining

Bargaining Preparation

  1. Negotiated Agreement Checklist
  2. Bargaining Sample Surveys
  3. Goals and Priorities
  4. Writing Proposals

During Bargaining

  1. Ground Rules
  2. Listening Skills
  3. Notetaking
  4. Negotiation Reminders
  5. Records to Keep
  6. Side Bar Never-Nevers
  7. Tactics for Bargainers
  8. Writing Counter Proposals

Finalizing Bargaining

  1. Tentative Agreements and Caucus
  2. Impasse, Conciliation, Factfinding, Imposition, and Unfair Labor Practice

Bargaining Misc

  1. Importance of History and Research
  2. Tips to Keep Bargaining Team and Members Happy

Bargaining Law Resources

  1. What "Conditions of Employment" Are Negotiable for ESP Employees
  2. What "Conditions of Employment" Are Negotiable for Certified Employees
  3. Legal Alert
  4. 2025–2026 Statute Booklet
  5. Duty of Fair Representation
  6. Negotiability: Reduction in Force and Recall
  7. Negotiability: Liquidated Damages

What Are My Bargaining Rights?

1
2
3
1
SDCL 3-18-3

South Dakota law establishes the right of public employees, through their bargaining representatives, to bargain (negotiate) in respect to "rates of pay, wages, hours of employment, and other conditions of employment."

2
Mandatory v Non Mandatory Subjects of Negotiation

Mandatory items of negotiation: Items that a district must negotiate with a bargaining agent over in order to determine terms and conditions around that subject.

Non mandatory items of negotiation: Items that a district may choose to determine conditions around through bargaining, but are not required by law to do so.

Bargaining statute is vague on the definition of, "other conditions of employment."  South Dakota case law better elaborates on specific items such as RIF policy and school calendar.  Additionally, case law gives a test that helps determine if a subject is mandatorily negotiable.

Bargaining Law Resources 

3
Rapid City Education Association vs the Rapid City School District (1985)

This case establishes a three-prong test to determine whether a particular issue constituted a condition of employment on which the school districts must negotiate. 

According to that test, a subject is a negotiable condition of employment only if: 

  • it intimately and directly affects the work and welfare of public employees, and
  • it has not been pre-empted by statute or regulation, and
  • it is a matter on which negotiated agreement would not significantly interfere with the exercise of inherent management prerogatives pertaining to the determination of government policy.

South Dakota Compensation Survey

Survey

Username: teacher
Password: sdeaneg

Establishing Student Loan Assistance Programs

More Information

The Cost of Teacher Turnover Calculator

Image of the Teacher Turnover Calculator tool that can be downloaded as a pdf.
1 OF 1
Download the Worksheet

Model Language

  1. Model Language
  2. Model Language Proposals

Negotiated Agreements & Settlements

  1. Negotiated Agreements
  2. Negotiated Settlements

Department of Education Balance Information

The DOE provides the information about the funding balances of each District.  Compare current numbers secured from the business managers with the historic trends to ensure the validity of the current year's established data.

District Profile

Provides a snapshot of your district including your teacher salary, student teacher ratio, number of FTEs, and ending fund balances and expenditures. 

For your district's information visit: Statistical Digest

Fund Balances

Provides a look at the trends of each of the larger funds in your district over the last seven years.

  1. General Fund
  2. Capital Outlay Fund
  3. Special Education Fund

Monthly Fund Balances

Per the 2016 law changes, districts are subject to reserve caps based on the lowest monthly fund balances.  See the accountability section for information on the calculation.

  1. 2024
  2. 2023
  3. 2022
  4. 2021
  5. 2020
  6. 2019
  7. 2018
  8. 2017

UNISERV DIRECTORS

Contact the UniServ Director from your unit to schedule a bargaining consultation:

Use Your Educator Voice.

We are THE voice for educators in South Dakota. See what membership can mean for you!
Educators having fun while advocating

Together we're stronger. Together we're heard.

You belong in the movement! Join today to belong to the movement of educators and school staff fighting for the pay and working conditions we all deserve.
South Dakota Education Association logo

It's about our kids.

The South Dakota Education Association (SDEA) is a professional organization working hard for educators, so they can continue to work hard for our kids. SDEA members provide a wide range of professional education services in communities throughout the state.
About Us
Join SDEA

The South Dakota Education Association is a state affiliate of the National Education Association (NEA), the nation's largest professional employee organization. NEA has affiliate organizations in every state and in more than 14,000 communities across the United States.

Learn more at NEA.org

Signup

Indicates Required

Validate your SDEA membership to create an account and access members-only content.

Use the same first and last name as your SDEA membership.

Find your Member ID on the mailing label of your SDEA The Educators' Advocate or by emailing [email protected].
A valid email address. All emails from the system will be sent to this address. The email address is not made public and will only be used if you wish to receive a new password.

Log in

Indicates Required

Log in to access content only available to SDEA members.