Update: January 28, 2025

Our position on H.B. 1020 is NEUTRAL.

Since originally introduced, the bill has changed quite a bit.  You can see the amended version here.

The most significant change was the removal of Alternative Instruction as a qualifying school and the clear separation that the bill now draws between students educated pursuant to AI and students educated in other manners. It is our position that with these amendments having been passed through committee, the three concerns we had about H.B. 1020 are removed, so far as it relates to AI.

We thank our friends at Families for Alternative Instruction Rights South Dakota, who were instrumental in getting these amendments drafted and through committee.  We're proud to stand with them.

We will continue to monitor this bill and others for any impacts to homeschool freedom in the state.

H.B. 1020 is scheduled to be heard in the House Education Committee on Weds, January 29th at 7:45am.

Original:

House Bill 1020, was pre-filed on 9 January 2024 in the South Dakota House of Representatives.

H.B. 1020, at a basic level, provides taxpayer funding to parents of eligible students who attend qualifying schools.

HSLDA opposes H.B. 1020 as currently drafted.

WHAT SHOULD I DO?

1. Contact your state representative to voice your opposition to H.B. 1020.
2. Pay attention to this bill (and others) at the South Dakota Legislature and be prepared to take action as necessary.
3. Visit our Legislative Action Center for important information and updates about H.B. 1020.
4. Partner with our friends at Families for Alternative Instruction Rights South Dakota, who also oppose this bill.

DOES H.B. 1020 IMPACT ALTERNATIVE INSTRUCTION?

Yes. This bill impacts alternative instruction in three major ways.

1. A qualifying school includes “a provider of alternative instruction.”
2. It empowers the Department of Education to approve curriculum.
3. It creates a new definition of microschool and then confuses parent-directed alternative instruction with enrollment in state-registered, tuition-based microschools.

WHAT’S HSLDA’S POSITION ON H.B. 1020?

HSLDA opposes H.B. 1020 for the following reasons.

First, we oppose the idea that alternative instruction is a qualifying school for purposes of government funding. If the South Dakota legislature wanted to create an ESA, they can (and should) do so in a way that creates a separate compulsory attendance category and does not overlap with the existing alternative instruction law. Several states, including Arizona, West Virginia, and Florida, have already done this. South Dakota can and should follow suit.

Second, H.B. 1020 defines curriculum as “a course of study … approved by the Department of Education.” This represents an increase in government control over education and a step-backward for Alternative Instruction. It is a strong example that what the government funds, the government regulates in some form. This is represents a potential loss of freedom for alternative instruction students and is a significant concern.

Third, we strongly oppose the idea that alternative instruction should be included in the definition of a microschool. We believe there is a fundamental difference between a school that requires enrollment and tuition and must register with the South Dakota secretary of state and parents who teach their children at home under alternative instruction. H.B. 1020’s definition removes what is at the heart of alternative instruction.

AREN’T PARENTS’ RIGHTS AND SCHOOL CHOICE A GOOD THING?

H.B. 1020 is more a taxpayer funding bill than it is a school choice bill. These concerns prevent us from supporting it.

We affirm and support (and vigorously defend!) the right of parents to direct the education of their children. Our work and advocacy in this area has been well-established over the past four decades.

Additionally, HSLDA supports and encourages the right of parents to choose what school their children attend and what education they receive. We understand there are many ways in which people define school choice, including using the term to denote public funding for private education. Our position on public funding of private homeschooling is clear: we oppose it.

But in the expression’s most basic form—the simple right of parents to choose their child’s school—HSLDA extends full support.

We have no doubts that many of the proponents of this legislation share our passion for freedom, promote quality education that helps students thrive, and support the rights of parents. But H.B. 1020, as written, is not a step forward.

Keep Alternative Instruction Free. Oppose H.B. 1020.