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FAIRSD stands adamantly opposed to any legislation which would seek to take away or change the traditional option for Alternative Instruction, free and independent from any government funding or interference.
FAIRSD’s mission is to advance, protect, and secure Alternative Instruction rights in South Dakota. We believe parents have the right to choose the best education option for each of their children; to choose what, how, where, and when their children learn in a homeschool setting.
Currently, there are three legal options in SD for a parent to choose to educate their children; public, private or Alternative Instruction. Any school choice bill that creates ESAs or vouchers should create a fourth legal option for parents to choose that is separate and distinct from Alternative Instruction.
It is critical to know which district you live in so you can communicate with your lawmakers. Click here to find your legislative district.
We want to establish relationships with our legislators before the session begins. Please individually send your legislators
(1 Senator, 2 Representatives) a personalized email introducing them to your family.
Click here to find their emails. Click on their name and it will pull up contact information. Send 3 emails and put their numbers in your phone for quick contacts later.
FAIRSD Committee Members have worked hard to put together this interactive guide to help families learn more about civics in South Dakota.
Sign up below. We will only use your information to send you the link to the guide and for important action alerts specific to your district. No spam. Scroll down to get your guide.
Position: Support as amended
SB 113 is a bill to establish in South Dakota codified law the fundamental rights of parents to direct the upbringing, education and care of children.
Status: The bill was amended on the Senate floor. The amendment essentially gutted the bill. It then was sent to a conference committee for concurance. An amendment was proposed to restore the original intent of the bill. THe House voted against it and the bill died.
Position: Support
End the free pass for our libraries to expose children to graphic, obscene content.
In South Dakota, libraries and educational institutions currently have an "affirmative defense" exemption from laws regulating materials deemed harmful to minors. This allows them to provide content that would otherwise be illegal for a private citizen to share with a child.
HB 1239 eliminates this exemption, ensuring that our libraries are held to the same legal standards for protecting minors from harmful, obscene content.
Status: Passed the Senate Judiciary Committee 5-2. It will be heard on the Senate floor on Monday, March 10.
Position: Support as amended
FAIRSD believes parents should have the freedom to direct their child's educational path, whether that be enrolling their school-aged child in public school, private school, or alternative instruction. SB71 further expands the rights of parents by allowing them to decide when formal education is no longer benefiting their child. As the law currently reads, if a 17-year-old student is not succeeding in a public school, a parent only has the choice to file an Alternative Instruction Notification, or risk truancy charges. FAIRSD believes Alternative Instruction is a choice parents should make willingly and with the ability to meet the requirements of the law. Alternative Instruction should never be forced upon a family. SB 71 offers legal relief to parents, students, and school districts.
Status: Signed into law by Governor Rhoden.
Position: Support as amended
UPDATE: This bill was amended in the Joint Appropriations Committee. The amendment secures many of the services that were slated to be cut by the origninal bill.
Homeschool parents and children especially treasure our libraries. In the Proposed Fiscal Year 2026 State of South Dakota Budget, the SD State Library is slated for near elimination. If this bill is passed 12.5 staff members will be terminated. In addition, virtually all resources and support for K-12, Public, and Academic Libraries in South Dakota will be eliminated. This includes resources that we all value such as support and training for our librarians, databases, audiobook services, and Interlibary loan.
Additonal information can be found at https://www.sdlibraryassociation.org/page/Advocacy
Status: Signed into law by Governor Rhoden.
Position: Support as amended
Of the options presented by school choice proponents, FAIRSD generally prefers a tax credit. FAIRSD opposes ESAs and vouchers for Alternative Instruction because taxes are paid to the government and subsequently returned to the parent with additional regulations. A tax credit represents a fundamentally different approach. FAIRSD is committed to first and foremost advancing, protecting, and securing our homeschool freedoms. We will never compromise if any government oversight or regulation would be included that would threaten our freedoms
even for a tax credit bill.
SB 190 introduces a property tax credit for eligible education expenses to support children with an Alternative Instruction notification on file that is free of government interference. This bill presents a refreshing change in the recent legislative discussions surrounding school choice.
South Dakota law offers three options for parents to fulfill compulsory education requirements. Parents educating their children at home save the state and taxpayers hundreds of millions of dollars. This bill provides reasonable support for parents who choose not to burden public schools and the state budget by providing an education for their children at home.
FAIRSD appreciates Senator Carley’s support for parents. As with any bill going through the process, there can be modifications and refinements that will enhance it. Nevertheless, SB 190 represents a positive step forward.
Update:The bill was amended in the Senate Education Committee to include a list of eligible education expsenses. This is a good amendment to the bill.
Status: Lost in the Senate 11-24.
Position: Neutral
This bill creates a fourth legal option for compulsory education in SD. It does not impact current Alternative Instruction laws.
Status: Heard in the House Education Committee. Final motion was to send the bill to the 41st Legislative Day essentially killing the bill. The vote was 8-7.
Position: Neutral
FAIRSD worked with Leader Odenbach to create Amendment 1020B which effectively creates the fourth legal option for compulsorty education.. FAIRSD sent a letter to Leader Odenbach and the Legislators that can be viewed here acknowledging the amendment..
When this bill was filed, FAIRSD strongly opposed this bill. In its original form, the bill would have changed current Alternative Instruction law.
Status: Heard in the House Education Committee. Final motion was to send the bill to the 41st Legislative Day essentially killing the bill. The vote was 9-6.
There is confusion about FAIRSD's position and the school choice bills. We hope this provides some clarity and answers your questions.
Dr. Kelly Glodt, superintendent of Pierre Public Schools, in a presentation to legislators in December 2023, declared himself as having more responsibility than parents for determining the best education for their children. He is one of three superintendents who make up the Legislative Committee of the School Administrators of South Dakota (SASD). Homeschool parents will be facing hostile legislation in Pierre coming from bureaucrats who think they own the kids.
Who do your kids belong to?
Thanks to the action you all took, this bill, which sought to repeal the right of a homeschooled student to open enroll and participate in activities, was defeated 5-2.
Please help us thank our supporters! See info below.
You can listen to the entire hearing here, click on the blue bird: https://sdlegislature.gov/Session/Bill/23573
Proponents and opponents each got 30 minutes to provide testimony and then the Committee was allowed to call people back up for questions. After that, there are two options, the Committe can vote to send the bill through to the entire Senate floor to vote on, our they can vote to send it to the 41st day, which kills the bill since we only have 40 legislative days.
Senator Pischke made the motion to send the bill to the 41st day and Senator Steve Kolbeck seconded it. After the motion was made we needed a majority vote. People who voted to send the bill to the 41st day were Chairman Schoenfish, Vice Chair Kolbeck, Senator Pischke, Senator Castelberry, and Senatory Bordeaux. Two voted to keep it alive: Senator Reed and Senator Davis.
The crux of our argument was that homeschooled students have the right to open enroll, once they have been accepted as an open enrolled student they have the same rights as a homeschooled student who physically resides in that district. Those rights includes taking classes and participating in activities.
The proponents of the bill argued that open enrollment should be for academic purposes only, and they floated several ideas that separated academic and athletic open enrollment, but that would have resulted in a major change in how the open enrollment statutes read and would have potentially had unintended consequences for many South Dakota children.
We are very happy to have defeated this bill with a strong vote. We had many other Senators express their support of us and our efforts and we're willing to help us fight if this came to the Senate floor.
Governor Noem and her staff were supportive of our efforts and the newly appointed Secretary of Ecucation Dr. Graves testified against this bill, bringing up some excellent points.
It is a right we currently have and it is greatly improving educational opportunities for S.D. families.
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