>> THIS IS A PRODUCTION OF SOUTH DAKOTA PUBLIC BROADCASTING.

♪♪ >> GOOD EVENING AND WELCOME TO "SOUTH DAKOTA FOCUS."

I'M JACKIE HENDRY, LIVE FROM THE LEO P. FLYNN GALLERY IN SDPB'S SIOUX FALLS STUDIO.

THE SOUTH DAKOTA LEGISLATIVE SESSION MARCHES ON, WITH WEDNESDAY MARKING CROSS-OVER DAY.

THAT'S THE DEADLINE FOR EVERY BILL TO PASS THROUGH ITS ORIGINAL CHAMBER OR DIE TRYING.

TONIGHT WE'LL DISCUSS JUST A FEW OF THE DOZENS OF BILLS STILL IN CONSIDERATION, WITH A SPECIAL FOCUS ON EDUCATION.

BUT FIRST, SDPB'S POLITICS AND PUBLIC POLICY REPORTER LEE STRUBINGER IS FOLLOWING THE STATE BUDGETING PROCESS.

IT'S BEEN MADE ALL THE MORE COMPLICATED BY MILLIONS OF DOLLARS IN SURPLUS FUNDS.

HE JOINED ME EARLIER FROM PIERRE.

LEE, WE'VE BEEN HEARING A LOT THIS SESSION ABOUT HOW THIS STATE HAS A SIGNIFICANT INFLUX OF MONEY TO BE DEALING WITH.

HOW ARE LAWMAKERS APPROACHING THE BUDGETING PROCESS WITH ALL THAT AT THEIR DISPOSAL?

>> YEAH, SO PART OF WHAT THEY'RE DOING IS REALLY FOCUSING ON USING THIS ONE-TIME MONEY FOR NOT ONGOING COMPANIES, LIKE WATER PROJECTS.

IN ONE INSTANCE, LAWMAKERS WANT TO SET ASIDE $660 MILLION INTO, LIKE, THIS GRANT POOL THAT, YOU KNOW, MUNICIPALITIES AND COUNTIES CAN SORT OF COME TO THAT AND SAY, WE HAVE THIS WATER PROJECT IDEA, CAN WE GET SOME STATE FUNDING TO HELP PUSH IT FORWARD TO THE NEXT LEVEL.

YOU KNOW, SOME LAWMAKERS ESTIMATE THAT THE $660 MILLION SET-ASIDE WOULD HAVE TAKEN DECADES TO DO BUT BECAUSE OF, YOU KNOW, A LOT OF THE MONEY COMING FROM FROM FEDERAL STIMULUS DOLLARS, THEY WERE ABLE TO DO IT IN ONE YEAR.

SO IT'S THINGS LIKE THAT THAT, YOU KNOW, A LOT OF DIFFERENT PROJECTS ACROSS THE STATE ARE GETTING DEALT WITH.

YOU KNOW, HOWEVER, IT'S YEARS LIKE THIS WHEN THERE ARE A LOT OF MONEY TO -- WHEN THERE IS A LOT OF MONEY TO SPEND THAT THINGS CAN GET A LITTLE TENNIS.

REPUBLICAN STATE SENATOR GARY COULD MACK SAYS THE EASY YEARS IN THE LEGISLATURE ARE THE YEARS WHEN THEY HAVE NO MONEY AND SO THAT IS NOT THE CASE THIS YEAR AND HERE'S WHAT HE HAS TO SAY ABOUT THAT.

>> WELL, THE IN A SITUATION LIKE THIS THE PEOPLE ARE HARD-WORKING BUT THEY HAVE THEIR OWN OPINIONS ABOUT THESE THINGS AND THE BUDGET-SETTING PROCESS IS IS LIKE MAKING SAUSAGE, IT TAKES TIME, IT'S MESSY, NOT FUN TO WATCH BUILT IN THE END WE'LL END UP WITH A GOOD PRODUCT.

>> SO TO SAY THAT EACH APPROPRIATOR HAS THEIR OWN IDEA MIGHT BE A BIT OF AN UNDERSTATEMENT, ESPECIALLY ON THE HOUSE IF I HAD WHICH VIEWS REVENUE COLLECTIONS GOING FORWARD SO SOME OF THAT ONGOING REVENUE COLLECTION, THAT FUNDING, WITH A LITTLE BIT ROWS EASIER COLORED GLASSES THAN, SAY, THE GOVERNOR'S OFFICE AND SENATE REPUBLICANS.

>> BUT IT ALL NEEDS TO COME TOGETHER INTO ONE PRODUCT SO HOW DO WE SEE THIS PLAYING OUT, THESE DIFFERENT VISIONS COMING TOGETHER FOR ONE BUDGET?

>> WELL, JACKIE, HOUSE LAWMAKERS AND SOME DEMOCRATS ACTUALLY WANT TO CUT THE-ACTUALLY WANT TO CUT TAXES, WHETHER IT WOULD BE THROUGH CUTTING THE SALES TAX OR IN THE DEMOCRATS' CASE, ALSO WANTING TO CUT THE FOOD TAX.

THAT PROPOSAL HAS BEEN REJECTED BUT HOUSE REPUBLICANS ARE STILL REALLY PUSHING TO CUT THE SALES TAX BY SOME MEASURE.

NOW THOSE TYPES OF PROPOSALS WOULD REQUIRE SENATE APPROVAL AND THAT'S WHERE IT GETS A LITTLE BIT ROCKIER, LIKE I SAID, THEY DON'T VIEW ONGOING REVENUE AS ROSIE AS, SAY, HOUSE REPUBLICANS DO.

AND THOSE PROPOSALS WOULD REQUIRE SENATE APPROVAL.

NOW, I THINK WHAT PEOPLE SHOULD FOCUS ON, MAYBE GOING FORWARD, IS LOOKING AT WHETHER THE HOUSE APPROPRIATIONS COMMITTEE AND SENATE APPROPRIATIONS COMMITTEE MEET IN WHAT'S CALLED JOINT APPROPRIATIONS.

THEY SORT OF SPLIT OFF THE LAST FEW DAYS, THEY'VE COME TOGETHER RECENTLY BUT GOING FORWARD, I THINK PEOPLE SHOULD FOCUS ON WHETHER THEY'RE CRAFTING THE BUDGET TOGETHER.

LINDA DUBA IS A DEMOCRAT FROM SIOUX FALLS WHO SITS ON THE APPROPRIATIONS COMMITTEE AND SHE SAYS SHE'S SURPRISED AT HOW NEGOTIATIONS ARE GOING SO FAR.

>> IT'S INTERESTING.

IT'S INTERESTING.

I'M UP IN HOUSE APPROPRIATIONS RIGHT NOW AND SENATOR NEST BUZZ FERREDZ OVER IN SENATE APPROPRIATIONS SEEMS A LITTLE STRANGE, DOESN'T IT?

SHOULDN'T WE MAYBE BE TALKING TO EACH OTHER?

I THINK THE KEY THING FOR BOTH OF US, ESPECIALLY FOR ME, IS TO LISTEN TO THE TESTIMONY OF THE PEOPLE THAT ARE COMING BEFORE US AND MAKE GOOD DECISIONS FOR THE PEOPLE OF SOUTH DAKOTA AND NOT BE SWAYED ONE WAY OR THE OTHER AS TO WHICH DIRECTION AM I GOING TO BE PULLED.

>> BUT I UNDERSTAND THERE IS A BIT MORE OF A CAUTIOUS OUTLOOK AS FAR AS STATE REVENUE IS CONCERNED, ESPECIALLY FROM REPUBLICAN SENATORS AND THE GOVERNOR, WHAT DO WE KNOW?

WHY ARE WE SO CAUTIOUS?

>> YEAH, SO THERE IS CONCERN OUT THERE ABOUT HOW INFLATION WILL AFFECT THE STATE'S ECONOMY AND ALSO KEEP IN MIND, THE LACK OF MOISTURE, YOU KNOW, IT'S REALLY, REALLY DRY OUT THERE, ESPECIALLY WEST RIVER, YOU KNOW, THE DROUGHT WAS PRETTY BAD LAST YEAR AND THERE'S BEEN LITTLE MOISTURE THIS WINTER AND THERE'S REALLY JUST CONCERN ABOUT HOW THAT'S GOING TO AFFECT THINGS.

SO THAT'S REALLY LEADING THE GOVERNOR'S OFFICE TO BE CAUTIOUS ABOUT SETTING REVENUES HIGHER THAN SHE ANTICIPATED LAST DECEMBER AND SHE REALLY WANTS THOSE LAWMAKERS TO BE CONSERVATIVE GOING FORWARD.

>> I'M ENCOURAGINGS THEM TO BE MORE REALISTIC IN WHAT WE COULD SEE IN OUR FUTURE.

IF YOU LOOK AT THE INFLATION COSTS ACROSS THE COUNTRY AND GOODS AND SUPPLIES THAT ARE INCREASING EVERY DAY FOR FAMILIES HERE IN SOUTH DAKOTA, WE RECOGNIZE THAT OUR ECONOMY IS NOT GOING TO BE ABLE TO STAY AS STRONG AS IT IS RIGHT NOW, TODAY.

WE'RE GOING TO DO ALL WE CAN TO MAKE WISE DECISIONS, TO BUDGET FOR THE FUTURE RECOGNIZING THE CHALLENGES WE HAVE IN FRONT OF US.

>> YOU KNOW, THE GOVERNOR IS ALSO URGING LAWMAKERS TO SET ASIDE MONEY FOR ABOUT $600 MILLION WORTH OF PRISON INFRASTRUCTURE NEEDS THAT SHE SAYS A STUDY POINTS TO THAT IS NEEDED IN THE STATE.

YOU KNOW, AND ALSO SHE WANTS LAWMAKERS TO PLAN AHEAD FOR POTENTIAL MEDICAID EXPANSION WHICH IS A CONSTITUTIONAL AMENDMENT THAT IS ON THE BALLOT THIS NOVEMBER.

>> SDPB'S POLITICS AND POLICY REPORTER LEE STRUBINGER, FOLLOWING THE MONEY.

THANKS, LEE.

>> THANKS, JACKIE.

>> WE'LL HEAR MORE ABOUT THE PROPOSAL TO EXPAND MEDICAID IN THE NEXT PIERRE TO PER LATER IN HOUR.

>> THE LEGISLATIVE SESSION IS A CHANCE FOR LAWMAKERS TO ADDRESS ISSUES THAT IMPACT SOUTH DAKOTANS EVERY DAY.

BUT IT'S OFTEN ALSO A TIME FOR REACTION TO NATIONAL DISCUSSIONS AND CONTROVERSIES.

AND WHEN EDUCATION IS INVOLVED, IT CAN BE A COMBINATION OF BOTH.

WE'LL LEARN LATER ABOUT BILLS BANNING SO-CALLED "DIVISIVE SUBJECTS" AND WHAT THAT MEANS IN PRACTICE.

BUT FIRST, WE'LL DISCUSS AN ONGOING MOVEMENT TO ADDRESS EDUCATIONAL DISPARITIES FOR NATIVE AMERICAN STUDENTS.

THE STATE DEPARTMENT OF EDUCATION SHOWS YEAR AFTER YEAR THAT NATIVE AMERICAN STUDENTS' ON-TIME GRADUATION RATE IS THE LOWEST OF ANY RACIAL GROUP IN THE STATE.

THERE ARE MANY POSSIBLE REASONS FOR THAT, AND MANY EFFORTS UNDERWAY TO IMPROVE THOSE STATISTICS.

BUT SOME LAWMAKERS ARE CONTINUING TO POINT TO BETTER CULTURAL EDUCATION FOR ALL STUDENTS AS A POSSIBLE SOLUTION.

AND WHERE THOSE EFFORTS FAIL, ANOTHER CONTINUES, CREATING NEW SCHOOLS CENTERED ON CULTURE AND LANGUAGE.

>> MORE THAN A DECADE AGO, TRIBAL EDUCATORS AND ELDERS CREATED A FRAMEWORK TO TEACH ALL SOUTH DAKOTA STUDENTS ABOUT NATIVE HISTORY, CULTURE AND TRADITIONS.

THE OCETI SAKOWIN ESSENTIAL UNDERSTANDINGS AND STANDARDS WOULD OFFER INFORMATION ABOUT THE LAKOTA, DAKOTA, AND NAKOTA PEOPLE OF THE REGION.

THE SOUTH DAKOTA BOARD OF EDUCATION STANDARDS OFFICIALLY ADOPTED THE MATERIAL IN 2011, BUT STATE LAW DOES NOT EXPLICITLY REQUIRE THAT TEACHERS USE IT IN CLASS.

A RECENT DEPARTMENT OF EDUCATION SURVEY SHOWS THAT 45% OF RESPONDING TEACHERS EMPLOY THE STANDARDS IN THEIR CLASSES.

THE MOST RECENT ATTEMPT TO REQUIRE THE STANDARDS DIED IN COMMITTEE A FEW WEEKS AGO, WITH AN EIGHT TO SEVEN VOTE.

REPRESENTATIVE PERI POURIER, A DEMOCRAT FROM PINE RIDGE, WAS THE PRIME SPONSOR.

>> THIS IS IMPORTANT BECAUSE SOUTH DAKOTA HAS NINE TRIBAL NATIONS WITHIN THE STATE OF SOUTH DAKOTA.

THEY ARE NATIONS.

THEY'RE NOT JUST A RACE.

THIS BILL IS NOT ABOUT RACE.

THIS BILL IS WE HAVE NATIONS WITHIN SOUTH DAKOTA WHO HAVE A POLITICAL STATUS.

THEY HAVE POLITICAL BOUNDARIES.

I BELIEVE WHOLEHEARTEDLY THAT IF WE WERE ABLE TO HAVE THE MECHANISMS IN PLACE TO ENABLE TEACHERS TO FEEL COMFORTABLE AND TO CARRY OUT THESE STANDARDS, WHICH ARE CALLED THE OCETI SAKOWIN ESSENTIAL UNDERSTANDINGS, THEN WE CAN GET TO A BETTER PLACE OF UNDERSTANDING.

>> PARENTS AND EDUCATORS SPOKE IN FAVOR OF THE REQUIREMENT.

ROB MONSON WITH THE SCHOOL ADMINISTRATORS OF SOUTH DAKOTA SPOKE AGAINST THE MOVE.

>> DISTRICTS AS WELL AS EDUCATORS HAVE ABILITY TO BRING THE OSE UNDERSTANDINGS INTO ANY CURRICULUM AREA THAT THEY SEE THEY FIT.

WE DON'T NEED THIS PIECE OF LEGISLATION TO CONFIRM THAT WE CAN ALREADY DO THIS.

>> THE HOUSE EDUCATION COMMITTEE AGREED.

BUT FOR SOME, POSSIBLE ISN'T ENOUGH.

SO THIS YEAR, THERE'S A DIFFERENT PROPOSAL BEFORE THE SENATE EDUCATION COMMITTEE.

>> IF IT WAS WORKING, OR IF IT HAD COME TO FRUITION LIKE SCHOOL DISTRICTS SAID THEY COULD DO, YOU WOULDN'T BE SEEING ME SITTING IN THIS CHAIR TODAY.

>> DEMOCRATIC SENATOR TROY HEINERT IS FROM MISSION.

HIS BILL WOULD CREATE COMMUNITY-BASED SCHOOLS THAT INCLUDE THE OCETI SAKOWIN ESSENTIAL UNDERSTANDINGS CURRICULUM WITH OTHER STANDARD ACADEMIC MATERIALS.

A NONPROFIT ORGANIZATION WOULD APPLY FOR SPONSORSHIP TO RUN THE COMMUNITY SCHOOL WITH LOCAL SCHOOL DISTRICT APPROVAL.

THE DISTRICT AND THE SCHOOL'S GOVERNING BOARD WOULD OPERATE UNDER A FIVE-YEAR CONTRACT, MUCH LIKE A CHARTER SCHOOL.

THE SPONSORING DISTRICT WOULD ALLOCATE MONEY TO THE COMMUNITY SCHOOL BASED ON THE NUMBER OF STUDENTS ENROLLED.

HEINERT HAS PRESENTED SIMILAR PROPOSALS BEFORE.

IN 2020, THE SENATE UNANIMOUSLY SUPPORTED THE BILL, WHICH LOST STEAM IN A HOUSE COMMITTEE.

A FOLLOW-UP LAST YEAR FAILED TO REACH THE HOUSE AT ALL.

RAPID CITY AREA SUPERINTENDENT LORI SIMON WAS ONE OF THE OPPONENTS.

SHE WORRIED ABOUT THE LOST FUNDING FOR PUBLIC SCHOOLS.

SIMON SAID THE DISTRICT COULD DEVELOP A MAGNET SCHOOL INSTEAD.

>> I REALLY BELIEVE THAT IT, THROUGH REALLY GOOD COLLABORATION, COULD ACHIEVE THE SAME GOALS THE SPONSORS OF SENATE BILL 68 WERE HOPING TO ACHIEVE WITHOUT ALL THE LOGISTICAL AND FINANCIAL AND GOVERNANCE ISSUES WE'VE DISCUSSED.

>> SINCE THEN, THE RAPID CITY AREA SCHOOL DISTRICT HAS FORMED AN INDIGENOUS EDUCATION TASK FORCE TO CONSIDER THE OPTIONS, AND THERE IS NOW A LAKOTA LANGUAGE IMMERSION PROGRAM AT CANYON LAKE ELEMENTARY.

THOSE ACCOMPLISHMENTS ARE TOUTED BY THOSE WHO ARE OPPOSED TO HEINERT'S PROPOSAL FOR COMMUNITY-BASED SCHOOLS.

>> HAVE THEY DONE IT FAST ENOUGH?

BUT THEY'RE IN THE PROCESS OF IT.

WE ALSO HAVE AN IMMERSION SCHOOL.

SO WE'RE MAKING PROGRESS.

I DON'T WANT PEOPLE TO THINK WE'VE BEEN DRAGGING OUR FEET, 'CUZ WE'RE NOT.

>> BUT GOVERNANCE AND FUNDING CONCERNS FUEL THE PRIMARY OPPOSITION.

WADE POGANY OF THE ASSOCIATED SCHOOL BOARDS OF SOUTH DAKOTA SAYS THIS BILL CREATES PRIVATE SCHOOLS THAT RECEIVE PUBLIC FUNDS.

>> IT SAYS THE APPLICATION "MUST BE APPROVED IF..." "MUST BE APPROVED IF..." THIS IS NOT DISCRETIONARY FOR SCHOOL BOARDS.

IF THE GOOD FOLKS HERE WERE TO PUT A PROPOSAL TOGETHER AND PUT IT IN FRONT OF THE SIOUX FALLS SCHOOL BOARD, OR THE ABERDEEN SCHOOL BOARD, OR THE RAPID CITY SCHOOL BOARD, IT'S A FORCED MARRIAGE.

SECTION 25 SAYS ESSENTIALLY THE SPONSORING SCHOOL DISTRICT -- REMEMBER THE FORCED MARRIAGE THAT WE HAD -- THE SPONSORING SCHOOL DISTRICT WILL PORTION THE TOTAL FUNDING RECEIVED BY THE DISTRICT IN ACCORDANCE TO THIS CHAPTER.

TOTAL FUNDING RECEIVED.

FOLKS, THEY WOULD TAKE A PROPORTIONATE SHARE OF THE STUDENTS IN THE SCHOOL, AND THEN THEY WOULD BE FORCED TO GIVE THAT MONEY OF THE PROPORTIONATE SHARE OF ALL THEIR FUNDS!

>> SENATOR HEINERT WAS BLUNT IN HIS REBUTTAL.

>> KIDS ARE STILL ENROLLED IN THAT DISTRICT.

THEY JUST HAPPEN TO GO TO A DIFFERENT ATTENDANCE CENTER.

>> COMMITTEE MEMBERS PRESSED FOR MORE CLARITY IN THE BILL TO APPEASE OPPONENTS.

SENATOR WAYNE STEINHAUER, A REPUBLICAN FROM HARTFORD, TOLD HEINERT THE STATE NEEDS TO TRY SOMETHING DIFFERENT TO ADDRESS THE ACADEMIC ACHIEVEMENT GAP FOR NATIVE STUDENTS.

HE SUPPORTED THE BILL IN THE PAST, BUT SUGGESTED SOME CHANGES, INCLUDING DETAILS ON THE CONTRACT AND FUNDING.

>> AND THEN I COULD GET REALLY EXCITED ABOUT IT.

I'LL VOTE FOR THIS TO MOVE IT TO THE FLOOR, BUT I MIGHT NOT VOTE FOR IT ON THE FLOOR BECAUSE I THINK PROGRESS SHOULD'VE BEEN MADE.

AND I UNDERSTAND THAT WHEN WE PUT AN OPERATING AGREEMENT IN, THAT IT IS SHIFTING SOME OF THE CONTROL BACK TO THE SCHOOL BOARD.

BUT THERE'S GOTTA BE SOME GIVE AND TAKE HERE.

WOULD YOU PLEASE RESPOND TO THAT THOUGHT?"

>> WE COULD IMPROVE THIS BILL WITH AN ADDITION LIKE YOU'VE SUGGESTED.

I WILL TAKE THAT TO THE COALITION AND WE'LL GET THAT AMENDMENT DRAFTED.

>> THE BILL PASSED THROUGH COMMITTEE WITH A 6 TO 1 VOTE, AND HEINERT BROUGHT THE AMENDMENT TO THE SENATE FLOOR.

IT AVOIDS FORCING DISTRICTS TO ACCEPT APPLICATIONS.

IT INCLUDES THE OPERATIN AGREEMENT IN THE APPLICATION PROCESS AND REDUCES THE MAXIMUM NUMBER OF COMMUNITY-BASED SCHOOLS FROM FOUR TO TWO.

>> IT REALLY IS A SIGNIFICANT CHANGE AND I THINK, UM, IT'S GOING TO CREATE PARTNERSHIP, WHICH IS REALLY WHAT WE WANT THIS BILL TO DO.

>> SENATOR HEINERT HITS HIS TERM LIMIT THIS YEAR, SO THIS IS HIS LAST LEGISLATIVE SESSION.

HE SPELLED OUT THE NEED FOR CHANGE IN HIS CLOSING REMARKS.

>> GRADUATION RATES, 90% FOR NON-NATIVE STUDENTS.

CONGRATULATIONS!

FOR NATIVES STUDENTS, 54%.

IT HAS BEEN THAT WAY IN MY COMMUNITY FOR 60 YEARS.

I'M TIRED.

I DON'T WANT IT TO BE THAT WAY ANYMORE.

OUR KIDS DESERVE IT.

MY COMMUNITY DESERVES IT.

MY COMMUNITY DESERVES A CHANCE TO CHANGE.

AND WE SHOULDN'T HAVE TO CHANGE WHO WE ARE AS LAKOTA PEOPLE.

THAT'S WHAT THIS IS ASKING FOR.

TWO SCHOOLS.

TWO!

>> THE SENATE PASSED THE AMENDED BILL WITH A 22 TO 13 VOTE.

IT MOVES NEXT TO THE HOUSE EDUCATION COMMITTEE, THE SAME GROUP THAT VOTED IT DOWN TWO YEARS AGO.

HERE TO CONTINUE THE CONVERSATION IS MARY BOWMAN.

SHE'S OH MOP AOWING LaOKLAHOMA LaDAKOTA.

SHE TAUGHT IN THE RAPID CITY AREA SCHOOL DISTRICT FOR 16 YEARS.

SHE'S NOW WORKING WITH N.D.N.

COLLECTIVE TO LAUNCH THE OCETI SAKOWIN COMMUNITY ACADEMY IN THE FALL.

MARY BOWMAN JOINS US NOW FROM THE SOUTH DAKOTA COMMUNITY FOUNDATION GALLERY IN SDPB'S BLACK HILLS STUDIO.

MARY, WELCOME TO "SOUTH DAKOTA FOCUS."

THANK YOU FOR BEING HERE.

>> THANK YOU FOR HAVING ME HERE.

>> SO, MARY, I WOULD LIKE TO START WITH YOUR FELLOWSHIP WITH THE NAKA-INSPIRED SCHOOLS NETWORK, WHICH IS PART OF SOME OF THE WORK THAT YOU'RE DOING WITH INDIAN COLLECTIVE.

CUTS WHAT'S ANAKA-INSPIRED SCHOOL?

>> YEAH, ANAKA-INSPIRED SCHOOL IS A COMMUNITY-BASED SCHOOL, AN INDIGENOUS BASED COMMUNITY SCHOOL SO WHEN WE THINK ABOUT DESIGNING OUR SCHOOL, WE SEEK OUT AS MUCH INFORMATION AS WE CAN FROM THE COMMUNITY.

THIS IS A COMMUNITY SCHOOL AND IT'S WHAT PARENTS AND FAMILIES WOULD LIKE TO SEE IN A SCHOOL.

>> AND WHERE HAVE WE SEEN THIS KIND OF MODEL FOR INDIGENOUS STUDENTS?

>> WELL, IT BEGAN WITH THE NATIVE AMERICAN COMMUNITY ACADEMY IN ALBUQUERQUE AND THEY HAVE A NETWORK OF SCHOOLS IN THE SOUTHWEST.

I BELIEVE THERE ARE CURRENTLY TEN SCHOOLS IN THE NETWORK BUT WE ALSO HAVE ONE HERE IN SOUTH DAKOTA, AT THE ROSE BOARD RESERVATION, THERE IS AN IMMERSION SCHOOL -- THE TEACHER WAS AN NISN SCHOOL.

>> MARY, YOU SAID IN YOUR TESTIMONY BEFORE THE SENATE EDUCATION COMMITTEE WHEN YOU SUPPORTED SENATE BILL 139 THAT RESEARCH SUPPORTS THIS MODEL OF EDUCATION TO IMPROVE OUTCOMES FOR INDIGENOUS STUDENTS.

CUTS A LITTLE BIT MORE ABOUT WHAT -- CAN YOU TELL US A LITTLE BIT MORE ABOUT WHAT WE KNOW ABOUT HOW THIS IMPACTS STUDENTS?

>> CERTAINLY.

ALSO, I AM, LIKE, A GRADUATE STUDENT SO I'M DOING A LOT OF RESEARCH IN MY GRADUATE STUDIES ALL PERTAINING TO CULTURALLY RESPONSIVE EDUCATION AND SO THERE IS SO MUCH DATA AND RESEARCH OUT THERE THAT REALLY SUPPORTS THIS MODEL OF EDUCATION, ESPECIALLY FOR INDIGENOUS STUDENTS.

I WOULD SAY -- I WOULD USE OUR ORIGINAL SCHOOL IN THE NETWORK, NAKA, THE NATIVE AMERICAN ACADEMY IN ALBUQUERQUE WHOSE GRADUATION RATE IS IN THE 90 PERCENTILE, WHICH IS A LOT DIFFERENT THAN WHAT WE HAVE HERE IN SOUTH DAKOTA WHERE WE'VE HOVERED AROUND 50% FOREVER AND IT'S REALLY SAD.

SOME OF THE OTHER DATA THAT I HAVE FOUND IS WHEN YOU INSERT CULTURE INTO, LIKE, LITERACY LESSONS, THERE'S NO LOCATE CALL SCIENCE THAT SUPPORTS THIS TYPE OF EDUCATING BECAUSE THERE ARE NEURAL PATHWAYS THERE, SO THE BRAIN RECOGNIZES THIS INFORMATION THAT IT'S RECEIVING AND WHEN YOU'RE A TEACHER, IT'S ALL ABOUT SCHEMA AND ACTIVATING THAT SCHEMA BEFORE YOU'RE GETTING READY TO TEACH, SO WHEN YOU USE CULTURAL AUTHORS AND TEXTS, THAT THERE IS ALREADY THAT PATHWAY THERE AND IT MAKES LEARNING EASIER FOR STUDENTS, AND LASTLY, I THINK ONE OF THE BIG THINGS IS WHEN THERE HAVE BEEN STUDIES WHERE THERE SHALL QUALITATIVE STUDIES WHERE THEY'VE INTERVIEWED STUDENTS WHO HAVE BEEN A PART OF THIS TYPE OF THIS EDUCATION MODEL OF CULTURALLY RESPONSIBLE TEACHING, AND THEY REALLY FEEL A SENSE OF SAFETY AND BELONGINGS UNDER THIS TYPE OF EDUCATION.

SO, YOU KNOW, WHEN WE THINK IN EDUCATION, WE ALWAYS REFER TOLL THIERARCHY OF NEEDS AND THOSE ARE THE NEEDS YOU NEED IN ORDER TO BE SUCCESSFUL AND THIS TYPE OF EDUCATIONAL SYSTEM REALLY PROVIDES FOR THAT AND MEETS THOSE NEEDS.

>> I'M INTERESTED IN YOUR EXPERIENCE IN THE PUBLIC SCHOOL SYSTEM AS AN EDUCATOR AND THEN MOVING INTO THIS DIFFERENT MODEL.

WOULD YOU KIND OF COMPARE AND CONTRAST IN YOUR EXPERIENCE HOW YOU MIGHT SEE THOSE DIFFERENCES IMPACT STUDENTS?

>> YEAH.

SO I DID HAVE THE OPPORTUNITY MY LAST THREE YEARS WITH OUR -- WITH THE LOCAL SCHOOL DISTRICT HERE TO BE AN OCETI SAKOWIN TEACHER AND I WENT TO TRY TO HELP TEACHERS FACILITATE AND INCLUDE THE ESSENTIAL UNDERSTANDING IF THEIR DAILY LESSONS AND SO AS I WAS DOING THIS, IT WAS SO GRATIFYING TO WALK INTO THE CLASSROOM AND SEE, FIRST OF ALL, YOU KNOW, ONCE THEY KNEW THAT I WAS THERE AND THEY WERE GOING TO LEARN ABOUT THE OCETI SAKOWIN UNDERSTANDING, THE EXCITEMENT ON THEIR FACES, THEIR FACES WOULD LIGHTS UP AND THEY WOULD BE SO EXCITED BECAUSE THEY WERE GOING TO GET TO LEARN, YOU KNOW, A CULTURAL LESSON.

THEY WERE GOING TO GET TO SEE THEMSELVES IN WHAT THEY'RE LEARNING AND WHEN THEY GET TO SEE THEMSELVES IN WHAT THEY'RE LEARNING, THEY'RE SO ENGAGED, AND WHEN THEY'RE ENGAGED, THEIR LEARNING IS JUST GOING TO GO UP AND THEIR ACADEMIC OUTCOME IS GOING TO GO UP, SO MY EXPERIENCE OF TEACHING THESE LESSONS FOR STUDENTS IT WAS A VERY REWARDING ONE.

UNFORTUNATELY, IT ENDED UP INSTEAD OF LIKE DAILY LESSONS AND THEM GETTING TO SEE CULTURE DAILY, YOU KNOW, THROUGHOUT THEIR SCHOOLS, IT WAS JUST ENDED UP BEING LIKE, A, WELL, WE HAVE A PRESENTER COMING IN SO IN OUR SCHOOL, WHAT WILL BE DIFFERENT IS THEY'RE GOING SEE THAT EVERY DAY, AND THESE UNDERSTANDINGS, THERE ARE LITERACY LESSON THERE, THERE ARE MATH LESSONS THERE, THERE ARE SCIENCE LESSONS THERE AND ONE THING THAT'S REALLY DIFFER, ALSO, IS LAND-BASED LEARNING OPPORTUNITIES.

WHEN YOU THINK ABOUT OUR CULTURAL KNOWLEDGE AND OUR CULTURAL LEARNING, A LOT OF IT HAPPENS ON THE LAND.

LAKOTA PEOPLE, ALL INDIGENOUS PEOPLE HAVE A REALLY DEEP CONNECTION TO THE LAND.

>> THE OCETI SAKOWIN COMMUNITY ACADEMY IS SET TO OPEN IN RAPID CITY IN THE FALL AND I'M SURE YOU'RE FAMILIAR WITH SOME OF THE, I GUESS, CONSTERNATION FROM SOME PUBLIC SCHOOL GROUPS ABOUT PUTTING THESE COMMUNITY-BASED SCHOOLS IN LEGISLATION.

I WONDER IF YOU CAN SPEAK TO THE QUESTION, WHY IF THESE SCHOOLS ARE ALREADY IN EXISTENCE, WHY PASS A LAW?

>> I WOULD SAY ONE OF THE MAIN REASONS, FIRST AND FOREMOST, IS FOR SUSTAINABILITY.

SO AS WE DON'T HAVE ANY LEGISLATION WHERE WE CAN RECEIVE PUBLIC FUNDING FOR OUR SCHOOL, YOU KNOW, WE ARE GOING TO HAVE TO DO A LOT OF PRIVATE FUNDRAISING AND WE WOULD JUST LIKE TO HAVE THE OPPORTUNITY -- BECAUSE WE ARE TAXPAYERS, AS WELL.

WE WOULD LIKE TO HAVE AN OPPORTUNITY TO SAY HOW THOSE TAX DOLLARS ARE SPENT FOR THE EDUCATION OF OUR INDIGENOUS STUDENTS, AND I THINK THE MORE OPPORTUNITIES FOR STUDENTS TO HAVE TO LEARN, THE BETTER, SO, YOU KNOW, I UNDERSTAND OUR LOCAL SCHOOL DISTRICT IS DOING A MAGNET SCHOOL BUT, YOU KNOW, IT WAS NEVER EITHER/OR BUT IT'S AN AND/AND, LET'S GIVE OUR STUDENTS MORE OPPORTUNITIES LIKE THIS.

>> I WONDER IF YOU CAN SPEAK A LITTLE BIT MORE TO THE OCETI SAKOWIN UNDERSTANDING AND THEIR USE IN PUBLIC SCHOOLS.

WE'VE DONE SOME COVERAGE ON ON SOMEWHAT INCONSISTENT USE ACROSS THE STATE.

YOU TALKED ABOUT YOUR EXPERIENCE BEING MORE AS AN OCCASIONAL PRESENTER.

WHAT'S YOUR SENSE OF WHERE THESE OSEUs SHOULD BE USED OR HOW BROADLY THEY SHOULD BE USED?

>> MY EXPERIENCE AND DOING LESSONS ACROSS OUR DISTRICT HERE, I TAUGHT LESSONS K-12 ACROSS ALL THE ENTIRE DISTRICT.

THERE ARE OPPORTUNITIES IN EVERY ACADEMIC FIELD TO TEACH THESE LESSONS, LIKE I SAID, THERE ARE LITERACY LESSONS, THERE ARE SCIENCE LESSONS.

I'VE TAUGHT MATH LESSONS, WRITING LESSONS, CERTAINLY, A LOT OF RICH HISTORY LESSONS.

SO NINETIES TO TEACH THESE OCETI SAKOWIN UNDERSTANDINGS AND FOR WHATEVER REASON, IT'S JUST NOT BEING DONE.

>> WHY IS THIS SUCH A CRITICAL -- WHY IS THIS SUCH CRITICAL WORK FOR KNEW WHAT KEEPS YOU PASSIONATE ABOUT THIS WORK?

>> OH, MY GOSH, JUST -- IT'S SO EXCITING TO HAVE THE -- FOR OUR COMMUNITY TO HAVE THIS OPPORTUNITY FOR INDIGENOUS STUDENTS, SO WE ARE OPENING WITH ONE KINDERGARTEN CLASS IN THE FALL, LARGELY DUE TO THE FACT THAT, YOU KNOW, WE DON'T HAVE PUBLIC FUNDING AND WE'RE GOING TO BE FUND-RAISING EVERY YEAR, SO -- AND EACH YEAR WE WILL ADD ANOTHER GRADE AND THAT'S HOW A LOT OF THE NISN SCHOOLS, THAT'S HOW WE HAVE TO OPERATE IS WE ADD A GRADE EACH YEAR UNTIL WE'RE GOING TO HAVE A FULLY OPERATIONAL K-12 SCHOOL.

HOWEVER, EACH AT OUR FULL CAPACITY, WE'LL ONLY BE SERVING 520 KIDS AND IF YOU LOOK AT THE POPULATION OF STUDENTS IN THE RAPID CITY AREA, THE STUDENT POPULATION IS ANYWHERE FROM 2500 TO 3,000, SO, YOU KNOW, 520 IS -- IS, YOU KNOW, A GOOD AMOUNT BUT IT'S STILL NOT EVEN HALF OF WHAT OUR STUDENTS ARE.

SO I THINK THE MORE OPPORTUNITIES -- I'M HOPING A BIG PART OF OUR DESIGN TEAM -- WHAT OUR HOPES AND DREAMS ARE IS THAT THIS TYPE OF MODEL WILL BE A CATALYST FOR CHANGE AND ONCE -- AND WE BELIEVE IN IT SO DEEPLY THAT THIS IS A GOOD THING FOR KIDS THAT WE'RE GOING AHEAD AND DOING IT EVEN PRIVATELY WITH PRIVATE FUND-RAISING BUT WE'RE ALSO BELIEVING THAT THIS WILL CREATE CHANGE.

ONCE WE SEE THAT THE POSITIVE OUTCOMES AND BENEFITS FOR STUDENTS, THAT THIS WILL SPREAD AND, YOU KNOW, IT WILL BE AN IMPACT OF CHANGE IN PUBLIC EDUCATION.

>> IN OUR LAST COUPLE MOMENTS TOGETHER, WHAT IS THE BEST WAY FOR PEOPLE TO LEARN MORE ABOUT THE OCETI SAKOWIN ACADEMY?

>> WE DO HAVE A WEBSITE UP AND RUNNING AND IT'S FAIRLY NEW.

SO THERE ISN'T A WHOLE LOT ON THERE.

ALSO, IF YOU'RE IN THE RAPID CITY AREA AND YOU'RE INTERESTED IN ENROLLING YOUR STUDENT, WE ARE STILL TAKING PRE-ENROLLMENT APPLICATIONS, AND OUR WEBSITE IS THE OCETISAKOWINACADEMY.ORG AND THERE IS A PRE-ENROLLMENT FORM ON THERE, IF YOU'RE INTERESTED.

BUT THERE IS ALSO A LOT OF WHAT WE HAVE WORKED ON IN THE SCHOOL, WE HAVE OUR CORE VALUES ON THERE AND HOW THE OCETI SAKOWIN ESSENTIAL UNDERSTANDING -- IN OUR MISSION STATEMENT, WE SAY WE'LL BE GROUNDED IN THE LOT AND FILLS FEE OF THE ESSENTIAL UNDERSTANDINGS AND ALSO LANGUAGE.

LANGUAGE AND -- OUR LANGUAGE AND OUR CULTURE GO SO CLOSELY TOGETHER, THEY ARE JUST LIKE ALMOST ONE AND SO THAT'S ANOTHER BIG PART OF IT, LANGUAGE RELIGHTALLIZATION, SO OUR KIDS, -- IT'S NOT AN IMMERSION SCHOOL IN RAPID CITY LIKE SAGE IS IN ROSE BOAT BUT THEY WILL HAVE DIAL LANGUAGE LESSONS AND YOU'LL HEAR THE LANGUAGE THROUGHOUT OUR SCHOOL E LANGUAGE AS MUCH AS POSSIBLE BUT, YEAH, THAT'S AN OPPORTUNITY WHERE YOU CAN GO AND LOOK AT OUR WEBSITE THAT TELLS A LITTLE BIT MORE ABOUT THE SCHOOL.

>> MY GUEST HAS BEEN MERELY BOWMAN, EDUCATOR AND PROPONENT OF THE OCETI SAKOWIN EDUCATION-BASED SCHOOLS BILL.

THANK YOU FOR JOINING US TONIGHT.

I APPRECIATE YOUR TIME.

[ >> HUNDRED.

[SPEAKING NATIVE LANGUAGE] ENSURING EDUCATIONAL SUCCESS FOR ANY STUDENT IS A COMPLEX ISSUE.

BUT FOR MANY OF THE PROPONENTS OF THIS BILL, IT'S VERY PERSONAL.

SENATOR RED DAWN FOSTER IS A DEMOCRAT FROM PINE RIDGE.

SHE SHARED HER OWN EXPERIENCE AS A STUDENT WHEN SHE SPOKE IN FAVOR OF THE COMMUNITY-BASED SCHOOLS ON THE SENATE FLOOR.

>> IT GIVES THE COMMUNITY AN OPPORTUNITY TO PILOT AND TEST AN EVIDENCE-BASED MODEL TO CLOSE THE ACHIEVEMENT BEGAN AND ADDRESS THE CRITICAL CONDITIONS OF INDIGENOUS EDUCATION IN SOUTH DAKOTA.

I'VE STOOD UP HERE BEFORE AND SAID THE BENEFITS OF THIS TYPE OF EDUCATION FOR INDIGENOUS PEOPLE.

YOU CAN GO TO THE RESERVATION AND SEE WHERE IT IS HAPPENING THERE AND -- IN VERY SMALL, ISOLATED AREAS.

THIS MODEL IS DIFFERENT THAN INCORPORATING IT INTO A SCHOOL SYSTEM THAT IS NOT DESIGNED TO ADDRESS INDIGENOUS PEOPLE AND INDIGENOUS PROBLEMS.

AND I WILL TELL YOU, AS AN INDIGENOUS PERSON, LIFE'S HARD FOR US HERE.

JUST LOOK AT THIS ROOM.

IT'S IMPLICITLY BIASED COMMUNITY AND I KNOW THAT IT'S NOT INTENDED TO BE BUT I DO NOT FEEL WELCOME WHEN I COME HERE, AND IT IS NOT EASY FOR ME TO SAY THAT.

AND AS AN INDIGENOUS STUDENT, A LITTLE STUDENT, I DID NOT FEEL WELCOMED, INCLUSIVE, APPRECIATED, INCLUDED IN THE EDUCATION AS A STUDENT AND IT WASN'T UNTIL I WENT TO A RESERVATION SCHOOL THAT WAS BASED ON OUR LANGUAGE AND OUR CULTURE THAT MY LIFE WAS GIVEN AN OPPORTUNITY TO CHANGE AND I FELT VALUED, I FELT INCLUDED.

ALL OF A SUDDEN, BEING IN THAT TYPE OF ENVIRONMENT, I STARTED TO THRIVE AND THAT EXPERIENCE HAS SHAPED THE REST OF MY LIFE.

I DON'T THINK ANYONE IN HERE KNOWS WHAT IT'S LIKE TO BE AN INDIGENOUS PERSON.

SO LOOKING AT THIS FROM A FISCAL PERSPECTIVE, IT WOULD TAKE SOME MONEY AWAY FROM THE SCHOOL AND CREATE AN ENVIRONMENT THAT INDIGENOUS STUDENTS CAN ACTUALLY THRIVE.

WE CAN INVEST IT THERE AND HELP SUPPORT THESE STUDENTS OR WE CAN INVEST IT IN PRISONS BECAUSE THAT'S WHAT YOU CAN LOOK AT AND SEE WHERE THE LARGEST INDIGENOUS POPULATIONS ARE.

IT'S IN THE PRISON SYSTEMS, IT'S ON THE WELFARE LINES, IT'S ON THE MISSING AND MURDERED INDIGENOUS TELL WOMEN'S LIST.

IT'S IN AREAS THAT WE DON'T LIKE BEING THE NUMBER ONE STATISTIC FOR.

LOOK AT THE COLLEGES, LOOK AT THE GRADUATION RATE, THAT IS NOT A SYSTEM THAT WE THRIVE IN.

EDUCATION WILL NOT CHANGE HOW HARD OUR LIFE IS BUT IT GIVES US ONE OPPORTUNITY TO MAKE A CHANCE TO INFLUENCE THESE KIDS IN A WAY, IN A MATTER AND GIVEN THEM THE OPPORTUNITY TO THRIVE THAT WILL AFFECT THEM FOR THE REGULARS OF THEIR LIVES AND GIVE THEM A FIGHTING CHANCE.

SO I URGE YOUR SUPPORT.

>> AGAIN, SENATE BILL 139 PASSED ON A 22 TO 13 VOTE.

IT MOVES NEXT TO THE HOUSE EDUCATION COMMITTEE.

THERE'S A LONG AND COMPLICATED HISTORY BEHIND THE EDUCATIONAL DISPARITIES NATIVE AMERICANS FACE IN SOUTH DAKOTA.

WHILE THE SENATE HAS MOVED FORWARD TO CREATE SPECIALIZED OPPORTUNITIES FOR THOSE, STUDENTS, THE HOUSE HAS APPROVED OTHER BILLS THAT COULD IMPACT DISCUSSION OF NATIVE HISTORY IN EVERY CLASSROOM.

TWO BILLS SEEK TO BAN WHAT SOME REFER TO AS "DIVISIVE SUBJECTS" IN K-12 AND HIGHER EDUCATION.

DEPENDING ON WHICH LAWMAKER YOU ASK, THAT COULD INCLUDE ANYTHING THAT COULD CAUSE A STUDENT TO FEEL DISCOMFORT BASED ON THEIR RACIAL BACKGROUND.

THESE BILLS ARE A RESPONSE TO NATIONAL DISCUSSIONS ABOUT RACIAL INJUSTICE AND A MISUSE OF CRITICAL RACE THEORY.

SDPB'S DIRECTOR OF JOURNALISM CARA HETLAND BRINGS US THIS EXPLANATION.

>> A BILL BANNING DIVISIVE CONCEPTS FROM STATE COLLEGES AND TECH SCHOOLS IS MAKING ITS WAY THROUGH THE LEGISLATURE WITH THE SUPPORT OF GOVERNOR KRISTI NOEM.

PROPONENTS SAY THESE DIVISIVE CONCEPTS RELATE TO CRITICAL RACE THEORY, OR CRT.

>> CRITICAL RACE THEORY -- >> CRITICAL RACE THEORY.

>> CRITICAL RACE THEORY IS NOT APPROPRIATE FOR OUR KIDS TO LEARN.

>> HOW BILL 1012 SAYS REGION YATION SCHOOLS OR HIGHER EDUCATIONAL INSTITUTIONS MAY NOT COMPEL A PERSON TO PERSONALLY APERMANENT, ADHERE -- >> THE MARXIST INDOCTRINATION THAT THEY ARE SPEEMPG UROLOGY CHILDREN IN OUR SCHOOLS.

THAT WILL DESTROY THIS COUNTRY.

T-THESE DIVISIVE CONCEPTS INCLUDE THE TEACHING OF ANY RACE, COLOR, RELIGION, SEX, ETHNICITY OR NATIONAL ORIGIN IS INHERENTLY SUPERIOR OR INFERIOR.

OR THAT ANY IDENTITY GROUP IS INHERENTLY RESPONSIBLE FOR THE ACTIONS COMMITTED IN THE PAST BY OTHER MEMBERS OF THEIR IDENTITY GROUP.

>> NO STUDENTS SHOULD BE HELD RESPONSIBLE FOR THE ACTIONS ANY OF OUR ANCESTORS TOOK.

>> >> WE WANT TO SEND THE MESSAGE THAT THERE IS NO PLACE IN OUR CLASS TROOPS FOR PEOPLE TO HAVE TO GET DOWN ON THEIR KNEES AND BE SHAPED FOR WHO THEY ARE BECAUSE THEY ARE WHITE AND THEY HAD TO GET DOWN TO APOLOGIZE TO OTHER IT THINKS TEES.

>> THE BILL ALSO SAYS THAT NO EDUCATOR CAN CLASSIFY ANY STUDENT BY RACE.

CRITICS TAKE ISSUE WITH A PART IN THE BILL THAT SAYS STUDENTS SHOULDN'T FEEL DISCOMFORT, GUILT, ANGUISH OR ANY OTHER FORM OF DISTRESS BECAUSE OF THEIR RACE.

THEY SAY THOSE ARE FEELINGS SOME STUDENTS WILL INEVITABLY EXPERIENCE WHEN LEARNING ABOUT THINGS LIKE SLAVERY OR NATIVE AMERICAN GENOCIDE.

>> THE ROSE BOARD SIOUX TRIBE WENT TO PENNSYLVANIA TO BRING KIDS HOME THAT NEVER MADE IT BACK FROM BEING SENT TO BORING SCHOOLING.

THE SAD PART IS WE DIDN'T HAVE TO GO TO PENNSYLVANIA TO FIND THEM.

THERE'S KIDS RIGHT HERE IN SOUTH DAKOTA WHO NEVER MADE IT HOME.

AND WE SHOULD TALK ABOUT THAT.

>> YOU CANNOT GO PAST ANY PSYCHOLOGICAL DISTRESS, ONCE YOU LEARN WHAT HAPPENED IN THIS COUNTRY AND ON THIS LAND, IT SHUSHED AFFECT YOU.

IT SHOULD CAUSE DISTRESS.

IF IT DOES NOT, THEN YOU'RE NOT TEACHING THE TRUE HISTORY.

>> THE BILL'S SUPPORTERS SAY THEY AREN'T LOOKING TO LIMIT THE TEACHING OF AMERICA'S SHORTCOMINGS.

>> OUR YOUNG PEOPLE SHOULD BE TAUGHT BOTH THE SUCCESSES AND THE FAILURES OF OUR MAST.

THEY SHOULD LEARN OUR FOUNDING IDEALS AND HOW MISTAKES OVER TIME HAVE KEPT US FROM REACHING THOSE IDEALS.

THEY SHOULD KNOW HOW POOR DECISIONS SOMETIMES PURPOSEFUL DECISIONS IN OUR HISTORY HAVE IMPACTED PEOPLE.

>> OPPONENTS MAINTAIN THE LEGISLATION ISN'T NECESSARY BECAUSE IT FAILS TO DEFINE THE PROBLEM WITH WHAT'S BEING TAUGHT IN SCHOOLS.

>> IF I HAD THE OPPORTUNITIES THIS MORNING, MADAM CHAIR, I WOULD PUT MY TEACHER HAT BACK ON, PUT A PIECE OF PIPES IN FRONT OF EACH OF AWE AND ASK YOU TO WRITE DOWN WHAT YOU BELIEVE CRITICAL RACE THEORY IS OR HOW DO DEFINE ACTION CIVICS.

I'M CONFIDENT WE WOULD HAVE A LOT OF DIFFERENT ANSWERS TO THOSE QUESTIONS, AND THAT IS A PROBLEM WITH PUTTING THIS BILL INTO LAW.

NO ONE REALLY KNOWS WHAT THIS IS.

>> BY DEFINITION, CRT IS THE ACADEMIC THEORY THAT EXPANSE SYSTEMIC RACISM IN OUR LEGAL SYSTEM.

LANGUAGE WITH THAT DEFINITION DOES NOT APPEAR IN THE PROPOSED LEGISLATION.

OTHER DEFINITIONS ARE BEING USED, SOME THINK CRITICAL RACE THEORY IS PART OF AN ONGOING EFFORT BY MARXIST CRITICAL THEORISTS TO SUBVERT TRADITIONALLIST CONSERVATIVE VALUES, ARGUING CRITICAL RACE THEORY IS ESSENTIALLY A TOOL TO INDOCTRINATE THE NATION'S YOUTH INTO NEOMARXISM.

>> THEY WANT TO DE-LETTER MIZE THE FOUNDING OF THE COUNTRY AND THE INSTITUTIONS AND THEY BASICALLY WANT TO REPLACE IT WITH A VERY MILITANT FORM OF LEFTISM THAT WOULD ABSOLUTELY DESTROY THIS COUNTRY.

>> BUT WHAT IT REALLY IS NEOMARXISM, WHAT IT REALLY IS CULTURAL MARXISM.

ANOTHER WAY TO TEAR APART -- >> RECENT SCHOLARLY ANAYLSIS OH OF WHAT'S CALLED THE CULTURAL MARXISM THEORY CON CLIEWLDZ IT HAS NO BASIS IN FACT.

LANGUAGE REGARDING THIS DOESN'T APPEAR IN THE BILL, EITHER.

SOME LAWMAKERS CLAIM CRITICAL RACE THEORY IS A KIND OF SUPREMACY BASED ON IDENTITY.

>> I NEVER FELT LIKE, BECAUSE I WAS WHITE, MALE CHRISTIAN, COME FROM A TWO-FAMILY -- TWO-PARENT HOUSEHOLD THAT I WAS AUTOMATICALLY AN OPPRESSOR BEFORE WE HAD THOSE CONVERSATIONS.

THAT'S WHAT WE'RE TALKING ABOUT WITH CRITICAL RACE THEORY.

>> I THINK WE'RE GETTING A LITTLE OFF-TRACK ON WHAT THIS IS REALLY ABOUT.

IT'S NOT ABOUT TEACHING SPECIFIC EVENTS OR CERTAIN BOOKS, THAT DOESN'T COVER THIS AT ALL.

CRITICAL RACE THEORY IS A WORLD VIEW.

IT'S NOT ABOUT ONE SPECIFIC INSTANCE, IT'S ABOUT EVERYTHING YOU LOOK AT IN LIFE AND IT DIVIDES EVERYONE INTO EITHER THE OPPRESSOR ORTHO PRESSED BASE BASED ON THE COLOR OF YOUR SKIN.

>> THERE IS A SECOND BILL, HOUSE BILL 1337 THAT INCLUDES SIMILAR LANGUAGE WITH THE FOCUS ON K-12 EDUCATION.

BOTH PIECES OF LEGISLATION WERE INTRODUCED ON BEHALF OF GOVERNOR KRISTI NOEM.

SHE SAYS SHE HAS ONE GOAL WITH BOTH BILLS.

>> CURRICULUM THAT GOES INTO CLASSROOMS WILL NOT MUCH RACISM TAUGHT OR DIVISIVE POLICIES THAT SAY ONE PERSON IS BETTER THAN ANOTHER BASED ON THEIR RACE, SEX OR COLOR.

>> CRITICS MAINTAIN THE ISSUE IS A WASTE OF TIME AND RESOURCES IN SOUTH DAKOTA.

>> THE SCHOOL DISTRICTS HAVE INDICATED THIS IS NOT HAPPENING AND THAT CORRECTIVE ACTION WOULD BE TAKEN IF IT WAS.

I WOULD ASK YOU THE FOLLOWING QUESTION.

DO YOU BELIEVE THE SOCIAL STUDIES TEACHER IN YOUR COMMUNITY THAT HAS BEEN THERE FOR 20-PLUS YEARS IS PART OF THE KWANIS GO CLUB, GOES TO YOUR CHURCH, WOKE UNONE DAY AND STARTED TO START INDOCTRINATING THE STUDENTS OF YOUR COMMUNITY?

I DON'T BELIEVE SO AND I DON'T THINK YOU DO, EITHER.

>> BOTH OF THESE BILLS ARE CURRENTLY MAKING THEIR WAY THROUGH THE LEGISLATURE.

I'M SDPB'S CARA HETLUND.

>> BOTH OF THOSE BILLS ARE SCHEDULED FOR A HEARING IN THE SENATE EDUCATION COMMITTEE ON TUESDAY.

LET'S TURN NOW TO AN UPDATE ON A STORY FROM EARLIER THIS SESSION.

LAST MONTH, REPRESENTATIVE TAMARA ST. JOHN JOINED US TO DISCUSS HER BILL TO FUND THE MISSING AND MURDERED INDIGENOUS PERSON'S LIAISON POSITION IN THE ATTORNEY GENERAL'S OFFICE.

LAWMAKERS CREATED THAT POSITION LAST YEAR IN RESPONSE TO THE DISPROPORTIONATE NUMBER OF UNSOLVED MISSING AND MURDERED CASES BUT THE POSITION HASN'T YET BEEN FILLED.

LAST WEEK, THE NON-PROFIT NATIVE HOPE, AN OUTREACH ARM OF ST. JOSEPH'S INDIAN SCHOOL IN CHAMBERLAIN, ANNOUNCED IT WILL FUND THE POSITION AT $85,000 A YEAR FOR THREE YEARS.

THE ANNOUNCEMENT CAME JUST AFTER TWO WOMEN WERE FOUND DEAD IN THE SPAN OF A WEEK ON THE PINE RIDGE RESERVATION.

CHERYL TIA LONGSOLDIER WAS MISSING MORE THAN A MONTH BEFORE FAMILY AND VOLUNTEERS FOUND HER NEAR OGLALA.

AND SHAYNA YOUNGMAN AFRAID OF HIS HORSES WAS FOUND NORTH OF MANDERSON.

REPRESENTATIVE PERI POURIER OF PINE RIDGE HAD ALSO INTRODUCED A BILL TO FUND THE LIAISON POSITION.

HERE IS WHAT SHE HAD TO SAY AT LAST WEEK'S ANNOUNCEMENT.

>> THE OGLALA SIOUX TRIBE PUBLIC SAFETY IS UNDERFUNDED.

THE FEDERAL GOVERNMENT ONLY FUNDS THEM 40%.

SO IF YOU WANT TO TALK ABOUT RESOURCES, LOOK TO YOUR FEDERAL GOVERNMENT.

THIS IS AN OUTSTANDING OPPORTUNITY TO BRIDGE THOSE GAPS OF ALL PEOPLE COMING TOGETHER AND SAYING, WHAT CAN WE DO?

NATIVE HOPE LOOKED AT THEMSELVES, LOOKED IN THE MIRROR AND SAID, WHAT CAN WE DO?

THIS IS AN IMPORTANT ISSUE, WHAT CAN WE DO?

AND I WANT TO APPLAUD GOTCH NOEM BECAUSE THEIR OFFICE HAS EXPRESSED THEIR COMMITMENT TO FUND THIS POSITION FOREVER.

SO I WANT TO APPLAUD HER, SHE HAS ALWAYS MADE THIS A PRIORITY ON HER ISSUES SO I WANT TO THANK GOVERNOR NOEM SO IT WILL BE FUNDED BY THE STATE TO ANSWER THAT SPECIFIC QUESTION BUT, AGAIN, THIS IS A PART WHERE WE ALL -- THIS IS AN OPPORTUNITY FOR US ALL TO SAY, WHAT CAN I DO PERSONALLY TO ADDRESS THIS ISSUE BECAUSE WE ARE EACH OTHER'S KEEPER.

WE ALL WANT TO KEEP AND MAKE SURE THAT WE HOLD EACH OTHER ACCOUNTABLE BUT WE ALSO WANT TO FIND OUR LOST SISTERS, OUR BROTHERS, OUR CHILDREN, OUR MISSING RELATIVES.

>> THE TWO BILLS TO FUND THE POSITION HAVE BEEN TABLED SINCE LAST WEEK'S ANNOUNCEMENT.

LAWMAKERS HOPE THE LIAISON POSITION WILL BE FILLED AS SOON AS POSSIBLE.

AS OF THIS AFTERNOON, 70 INDIGENOUS PEOPLE ARE LISTED ON THE SOUTH DAKOTA MISSING PERSONS CLEARINGHOUSE WEBSITE.

THAT'S DOWN BY TWO SINCE LAST MONTH.

>> A COALITION OF MORE THAN TWO DOZEN ORGANIZATIONS HAVE COME TOGETHER TO ENCOURAGE SOUTH DAKOTANS TO SUPPORT MEDICAID EXPANSION.

THE GROUP IS CALLED SOUTH DAKOTANS DECIDE HEALTH CARE.

IN THIS WEEK'S INSTALLMENT OF PIERRE TO PEER, SDPB'S LEE STRUBINGER TALKS WITH FORMER LAWMAKER MITCH RICHTER ABOUT THE BALLOT ISSUE, A FAILED ATTEMPT TO EXPAND MEDICAID THIS SESSION AND WHAT THAT EXPANSION MIGHT MEAN FOR SOUTH DAKOTANS.

>> MITCH, THANK YOU SO MUCH FOR JOINING ME ON PIERRE TO PEER.

>> THANK YOU, LEE.

>> SO WHY SHOULD SOUTH DAKOTA VOTERS VOTE TO EXPAND MEDICAID?

>> YOU KNOW, WE ARE WORKING WITH ONE OF THE BROADEST COALITIONS I'VE EVER SEEN IN A SOUTH DAKOTA INITIATIVE.

WE HAVE OVER 40 MEMBERS RIGHT NOW THAT ARE SUPPORTING THIS AND AFTER THE LEGISLATIVE SESSION IS OVER, WE'RE GOING TO ADD SOME ADDITIONAL MEMBERS.

THOSE PEOPLE JUST WANTED TO WAIT AND SEE WHAT HAPPENED DURING SESSION IN CASE SOMETHING DID PASS BUT WE WILL ADD MORE.

THIS TOPIC HAS BEEN AROUND FOR ABOUT TEN YEARS.

GOVERNOR DAUGAARD DID TRY TO INTRODUCE IT WHEN HE WAS THERE, PHYSICALLY -- PHYSICALLY, IT JUST WASN'T POSSIBLE AT THAT POINT.

BUT THE STATE'S IN A UNIQUE POSITION AT THIS POINT WITH THE FEDERAL GOVERNMENT WANTING TO ADD AN ADDITIONAL 5% THE FIRST TWO YEARS SO IT'S THE RIGHT TIME FOR SOUTH DAKOTA TO DECIDE THIS ISSUE.

>> WHAT MADE IT SORT OF FISCALLY AVAILABLE NOW?

DID IT HAVE TO DO WITH COVID STIMULUS?

>> IT DID.

RIGHT NOW, THE FEDERAL GOVERNMENT WITH THE COVID MONEY IS OFFERING A 5% BONUS FOR THE FIRST TWO YEARS THAT WE WOULD EXPAND SO THE TOTAL COST OF THE FEDERAL GOVERNMENT IS $1.5 BILLION.

THE STATE'S SHARE OF THAT IS ABOUT $166 MILLION, AND THE SAVINGS IS ABOUT $162 MILLION.

SO AT THE END OF THE DAY, OVER 5 YEARS, THIS IS GOING TO COST THE STATE ABOUT $4 MILLION, TO ENSURE 42,500 PEOPLE IN SOUTH DAKOTA.

THAT'S WHY YOU WANT TO DO IT.

YOUR FRIENDS AND NEIGHBORS THAT NEED HEALTH CARE, THIS IS AN OPPORTUNITY FOR THEM TO GET THE HEALTH CARE THAT THEY NEED.

>> WHO ARE THE -- THOSE WHO AREN'T INSURED RIGHT NOW WITHOUT MEDICAID EXPANSION?

>> YEAH, IT'S PEOPLE -- FOR INDIVIDUALS THAT MAKE $18,000 A YEAR OR LESS AND FOR A FAMILY OF FOUR, IT'S THESE THAT MAKE $37,000 A YEAR OR LESS.

SO THOSE ARE PEOPLE THAT ARE WORKING TWO-INCOME MINIMUM-TYPE WAGE JOB THAT MAYBE HAVE A COUPLE KIDS, THE KIDS ARE PROBABLY COVERED WITH THE CHAMPIONSHIP PROGRAM IN THE STATE BUT THEY ARE NOT COVERED.

AND THIS GIVES THOSE PEOPLE AN OPPORTUNITY TO DO THE NECESSARY SCREENINGS, THE PREVENTIVE HEALTH CARE THAT PEOPLE -- THAT HAVE GOOD HEALTH INSURANCE CAN GET.

AND PROLONG THEIR LIFE.

>> AND SO YOU HAD MENTIONED EARLIER THAT THERE WERE SOME WHO WOULD BE JOINING THE COALITION THAT WERE WAITING TO KIND OF SEE WHAT WOULD HAPPEN.

THERE WAS A BILL BROUGHT EARLIER THIS SESSION BY REPUBLICAN STATE SENATOR WAYNE STEINHAUER THAT WOULD HAVE PROPPED UP A MEDICATION EXPANSION PROGRAM.

WHERE DID YOUR GROUP KIND OF SIT ON THAT BILL AND WHAT'S YOUR REACTION TO IT FAILING IN THE SENATE?

>> ABSOLUTELY.

WE SUPPORTED THE STEINHAUER BILL, SENATE FILE 186.

WE SUPPORTED THAT BILL.

WE THOUGHT IT WAS A GOOD IDEA AND WE -- IT WAS BASICALLY THE SAME LANGUAGE THAT WE'RE ASKING THE VOTERS TO DECIDE ON.

IT DIDN'T PASS THE SENATE SO WE STILL THINK IT'S A GREAT IDEA TO BRING IT FORWARD TO THE PEOPLE OF SOUTH DAKOTA.

>> AND SO THAT BILL WOULD HAVE, YOU KNOW, PUT IT INTO LAW BUT THE BALLOT QUESTION THE COALITION IS FOCUSED ON WOULD PUT IT IN THE STATE CONSTITUTION.

SO I GUESS WHAT ARE KIND OF THE PROS AND CONS THERE?

ARE LAWMAKERS TAKING A RISK BY NOT PUTTING IT INTO LAW AND POTENTIALLY IT GOING IN THE CONSTITUTION?

>> OH, I DON'T THINK THEY'RE TAKING A RISK AT ALL.

WHAT WE'RE -- WHAT WOULD HAPPEN WOULD BE THE BILL WOULD BE VOTED ON -- EXCUSE ME -- IN NOVEMBER OF THIS YEAR.

IT WILL BE AMENDMENT D. IT GIVES THE HEALTH DEPARTMENT UNTIL MARCH TOLL WRITE THE RULES FOR THE PROGRAM, SO THE LEGISLATURE IS STILL VERY, VERY INVOLVED.

THEY HAVE TO WRITE THE RESULTS AND THEN THE PROGRAM WOULD GO INTO EFFECT JULY 1 OFTEN 2023 SO BY NOT PASSING THE LEGISLATION AND IF THE VOTERS DECIDE, WHICH WE HOPE THEY WILL, THE LEGISLATURE CAN GET INVOLVED RIGHT AFTER THE ELECTION.

THEY'LL HAVE TO WRITE RULES WHICH THEN GO BEFORE A RULES COMMITTEE THAT THE LEGISLATURE STAFFS AND APPROVE THOSE RULES GOING FORWARD.

SO I -- I DON'T THINK THERE WAS A REAL BIG DOWNSIDE FOR US ON THAT.

THE ONLY THING IS, THE STEINHAUER BILL IN COMBINATION WITH SENATE BILL 102 PROVIDED A FUNDING MECHANISM FOR THE SAVINGS FROM THE MEDICAID EXPANSION TO HELP PAY FOR IT.

SO WE'RE SUPPORTIVE OF SENATE BILL 102 GOING FORWARD AND WE HOPE THAT PASSES.

IT IS IN THE HOUSE RIGHT NOW AND WE DO HOPE THAT WILL PASS.

>> YEAH, AND SO THAT DOESN'T EXPAND MEDICAID, JUST SETS UP A SORT OF STRUCTURE FOR -- TO PAY FOR THAT AND THEN ALSO COLLECT THE SAVINGS?

>> THAT'S CORRECT.

BECAUSE THE FIRST TWO YEARS ALONE, BECAUSE OF THE 5% BONUS THAT THE FEDS ARE OFFERING, THERE IS A $63 MILLION SAVINGS SO THAT -- THAT SAVINGS CAN GO -- THE PORTION OF THAT SAVINGS CAN GO INTO WHAT SENATE BILL 102 CREATES AND THEN THE LEGISLATURE AND THE STATE HAS THE DOLLARS TO PAY FOR MEDICAID EXPANSION, WHICH IS ONLY GOING TO BE $4 MILLION OVER FIVE YEARS.

>> LAST WEEK DURING PRESS CONFERENCES, GOVERNOR KRISTI NOEM SAID THAT THE COST TO THE STATE FOR MEDICAID EXPANSION COULD BE HIGHER THAN ANTICIPATED, SHE POINTED TO STATES LIKE MINNESOTA AND NORTH DAKOTA.

I GUESS WHAT'S KIND OF YOUR REACTION TO THOSE NUMBERS THAT SHE MENTIONED LAST WEEK?

>> WELL, THE LEGISLATIVE RESEARCH COUNCIL DID THE FISCAL NOTE ON THIS PARTICULAR BILL AND THEY WILL TOOK INTO ACCOUNT ALL THE DIFFERENT FACT FORCE THAT WOULD COME INTO PLAY.

INDIAN HEALTH SERVICE, FOR EXAMPLE, SOME OF THEIR PEOPLE WOULD COME OFF THE ROLLS AND BE PAID FOR.

THE I.T.

EXPENSE.

ALL OF THOSE THINGS THAT GO INTO EXPANDING, ADDING 42,000 PEOPLE TO A PROGRAM WAS PART OF THE FISCAL NOTE, SO THE GOVERNOR IS MISSING, I THINK, WHERE YOU'RE GOING TO PICK UP JOBS.

IOWA, WHEN IOWA EXPANDED, THEY SAW 2400 NEW JOBS CREATED WHICH TURNED INTO BROOKLYN CENTER 330 MILLION.

MONTANA EXPANDED, THEY SAW 6,000 NEW JOBS CREATED.

WHAT THIS DOES IS WHEN YOU DUMP $1.5 BILLION BACK INTO THE STATE'S ECONOMY, THAT CREATES JOBS AND WHEREVER IT MIGHT BE, HEALTH CARE JOBS IN GETZ BURRING OR MOBRIDGE OR MINNOW, ALONG WITH OUR LARGER CITIES.

THAT MONEY GETS TURNED OVER AND YOU'LL SEE SOME SAVINGS THAT WAY SO I THINK WHAT THE GOVERNOR'S MISSING IS THE SAVINGS IN WHAT THE $1.5 BILLION IS GOING TO HELP SOUTH DAKOTA.

>> COULD YOU TELL ME A LITTLE BIT ABOUT THE COALITION THAT IS SUPPORTING THIS BALLOT QUESTION TO EXPAND MEDICAID?

>> YOU KNOW, WE STARTED OUT WHEN WE WERE COLLECTING SIGNATURES, IT WAS AARP, SOUTH DAKOTA FARMERS' UNION, THE AMERICAN CANCER SOCIETY, THOSE TYPES OF ORGANIZATIONS TO GET THE 40,000 SIGNATURES WE NEEDED TO GET ON THE BALLOT.

BUT SINCE THEN, WE'VE INCREASED THAT SO YOU HAVE OF COURSE ALL THE HOSPITAL SYSTEMS, YOU'VE GOT AARP, CANCER SOCIETY, ALZHEIMER'S, DIABETES, A LOT OF DIFFERENT MEDICAL SOCIETIES, THE MUNICIPAL LEAGUE IN SOUTH DAKOTA SO WHEN YOU LOOK AT THE COALITION, THERE'S 40-PLUS RIGHT NOW.

AFTER SESSION IS OVER, WE'LL PROBABLY ADD ANOTHER TEN OR 15 THAT I CAN'T JUST THINK OF OFF THE TOP OF MY HEAD SO YOU'LL SEE THIS BROAD COALITION ACROSS SOUTH DAKOTA BECAUSE THEY'RE CONCERNED ABOUT HEALTH CARE FOR THEIR FRIENDS AND NEIGHBORS AND WHEN YOU HAVE AN EMPLOYEE THAT CAN GO TO THE DOCTOR AND GET A SCREENING OR GO TO THE DOCTOR AND GET PRESCRIBED MEDICINE AND GET THEM BACK TO WORK, THAT'S IMPORTANT TO A LOT OF PEOPLE IN SOUTH DAKOTA, AND A LOT OF THESE PEOPLE ARE EMPLOYERS OF PEOPLE THAT DON'T QUALIFY FOR INSURANCE AND THEY WOULD QUALIFY FOR MEDICAID EXPENSES, SO THIS BROAD COALITION OF PARTNERS WILL BE OUT THIS FALL TALKING ABOUT WHY THIS NEEDS TO PASS.

>> MITCH RICHTER, THANK YOU SO MUCH FOR JOINING ME.

>> THANK YOU, LEE.

>> SOUTH DAKOTA VOTERS WILL DECIDE ON MEDICAID EXPANSION IN NOVEMBER'S ELECTION.

A LAW PASSED MORE THAN THREE DECADES AGO STILL CONTROLS THE NUMBER OF NURSING-HOME BEDS IN SOUTH DAKOTA.

AND THIS YEAR A TRIBE IS ASKING THE LEGISLATURE FOR AN EXCEPTION.

SDPB'S SETH TUPPER EXPLAINS THE HISTORY AND LOGIC BEHIND THE POLICY IN THIS INSTALLMENT OF OUR LEGISLATIVE SERIES, "WHY IS THAT?"

♪♪ >> THE LOWER BRULE SIOUX TRIBE WANTS TO BUILD A NEW NURSING HOME.

THE TRIBE DOESN'T NEED ANY HELP FROM THE STATE, EXCEPT FOR ONE THING.

STATE SENATOR TROY HEINERT EXPLAINS.

>> NOW WHY DO I BRING THIS IN FRONT OF THIS BODY?

AND IT'S NOT THAT THEY NEED PERMISSION TO BUILD A NURSING HOME WITH THEIR OWN MONEY ON THEIR OWN LANDS.

IT'S ABOUT THE MORATORIUM THAT WE HAVE ON BEDS.

>> HE'S TALKING ABOUT A 34-YEAR-OLD LAW THAT PUTS A CAP, A MORATORIUM, ON THE NUMBER OF NURSING HOME BEDS IN THE STATE.

THE LATE GOVERNOR GEORGE MICKELSON PROPOSED THE MORATORIUM IN 1988.

♪♪ >> WHEN I VISIT WITH SENIOR CITIZENS IN CENTERS AND IN NURSING HOMES, THE VAST MAJORITY TELL ME THAT THEY ARE INTERESTED IN REMAINING IN THEIR HOME AS LONG AS POSSIBLE.

IT IS TIME FOR SOUTH DAKOTA TO ADOPT A NEW STRATEGY TO ADDRESS THE LONG-TERM CARE NEEDS OF THE ELDERLY.

>> MICKELSON SAID SOUTH DAKOTA WAS TOO DEPENDENT ON NURSING HOMES FOR LONG-TERM CARE.

AT THAT TIME, 84 OUT OF EVERY 1,000 SOUTH DAKOTA RESIDENTS LIVED IN NURSING HOMES.

THAT WAS FAR ABOVE THE NATIONAL AVERAGE OF 50 PER 1,000.

THE STATE ALSO FACED BALLOONING COSTS FOR SUBSIDIZED CARE OF NURSING-HOME RESIDENTS.

THE STATE'S CONTRIBUTION TO THAT CARE GREW FROM $10 MILLION IN 1975 TO $45 MILLION IN 1988.

KITTY KINSMAN, NOW OF RAPID CITY, WAS MICKELSON'S SECRETARY OF HEALTH.

SHE SAYS THE STATE'S CONTRIBUTION TO THE FEDERAL MEDICAID PROGRAM WAS DRIVING THE BUDGET PROBLEM.

>> WE DIDN'T HAVE THE BOOMER GENERATION YET IN THE SYSTEM, BUT CERTAINLY THAT WAS SOMETHING WE WERE LOOKING TOWARDS, AND THERE REALLY WEREN'T COMMUNITY ALTERNATIVES.

PEOPLE WERE IN NURSING HOMES THAT DIDN'T NEED THE LEVEL OF CARE THAT NURSING HOMES WERE PROVIDING, BUT THEY HAD NO OTHER ALTERNATIVES.

SO PEOPLE WOULD OFTENTIMES GO INTO NURSING HOMES AND EXHAUST THEIR RESOURCES AND THEN THEY WOULD BECOME MEDICAID ELIGIBLE, AND THAT WAS REALLY WHERE THE PRESSURE FROM THE STATE STANDPOINT TO LOOK AT ALTERNATIVES CAME FROM.

>> THE MICKELSON ADMINISTRATION HOPED A MORATORIUM ON NURSING-HOME BEDS WOULD SPARK INNOVATIVE THINKING ABOUT LONG-TERM CARE.

MICKELSON HOPED OTHER OPTIONS LIKE ASSISTED LIVING CENTERS AND HOME-CARE SERVICES WOULD SPRING INTO BEING.

AND HE HOPED THOSE OPTIONS WOULD BRING DOWN THE OVERALL COST OF THE CARE, BY KEEPING SOME PEOPLE OUT OF EXPENSIVE NURSING-HOME SETTINGS.

ONE YEAR AFTER SIGNING THE MORATORIUM INTO LAW, MICKELSON SAID IT WAS WORKING.

>> ONE YEAR AGO, THE ELDERLY OF THIS STATE HAD LITTLE CHOICE, FRANKLY, EXCEPT TO ACCEPT NURSING HOME CARE AS THEIR ONLY ALTERNATIVE.

BUT TODAY, I THINK YOU AND I CAN BE PROUD OF THE FACT THAT OUR SENIOR CITIZENS CAN REMAIN IN THEIR HOMES LONGER, RECEIVE SOME CARE IN THEIR HOMES AND SOME OTHER ALTERNATIVES UNTIL THEY NEED NURSING-HOME CARE.

>> THE MORATORIUM WAS ORIGINALLY SUPPOSED TO LAST THREE YEARS.

LAWMAKERS EXTENDED IT FOUR TIMES AND THEN EXTENDED IT INDEFINITELY IN 2005.

TODAY THERE ARE 104 NURSING HOMES IN SOUTH DAKOTA.

THERE ARE ALSO 27 HOME HEALTH-CARE AGENCIES, 166 ASSISTED-LIVING CENTERS, 32 RESIDENTIAL LIVING CENTERS AND A COMMUNITY LIVING HOME.

KINSMAN SAYS THE MORATORIUM DID WHAT IT WAS MEANT TO DO.

>> I THINK IF YOU LOOK AT THE PROLIFERATION OF ASSISTED LIVING FACILITIES, RESIDENTIAL CARE, OTHER HOME CARE AND ASSISTED TYPES OF SERVICES, I THINK IT WAS A HUGE SUCCESS.

WOULD IT HAVE HAPPENED OTHERWISE?

PERHAPS, BUT I DON'T THINK IN THE TIMEFRAME.

AND CERTAINLY NOT IN A RURAL STATE.

>> LAWMAKERS HAVE ALLOWED SOME FLEXIBILITY UNDER THE MORATORIUM.

THE DEPARTMENTS OF HEALTH AND HUMAN SERVICES CAN REALLOCATE UNUSED BEDS OR AUTHORIZE NEW CONSTRUCTION SO LONG AS THE TOTAL NUMBER OF STATEWIDE BEDS DOESN'T EXCEED THE MAXIMUM OF 7,623.

LAWMAKERS HAVE ALSO PASSED LEGISLATION OVER THE YEARS TO SPECIFICALLY AUTHORIZE NEW NURSING HOMES OR EXTRA BEDS FOR THE PINE RIDGE, ROSEBUD AND FLANDREAU SANTEE SIOUX TRIBES.

SENATOR TROY HEINERT'S DISTRICT INCLUDES THE LOWER BRULE RESERVATION.

BESIDES HIS CURRENT BILL SEEKING AUTHORIZATION FOR THE CONSTRUCTION OF A TRIBAL NURSING HOME, HE WANTS FUTURE LEGISLATION TO CHANGE THE PROCESS FOR TRIBES.

>> HOPEFULLY WE CAN FIX THIS PROBLEM IN THE CODE, IN 34:12:39.2, SO THAT TRIBES DON'T HAVE TO COME BEFORE THE BODY TO BUILD A NURSING HOME WITHIN THEIR OWN HOMELANDS.

>> HEINERT'S BILL TO ALLOW A NEW NURSING HOME ON THE LOWER BRULE RESERVATION PASSED THE STATE SENATE AND IS PENDING IN THE HOUSE OF REPRESENTATIVES.

I'M SDPB'S SETH TUPPER.

♪♪ >> THAT'S ALL WE HAVE TIME FOR TONIGHT.

JOIN US AGAIN FOR OUR LEGISLATIVE RECAP SHOW ON THURSDAY, MARCH 31ST.

BUT, NOT TO WORRY.

YOU CAN FOLLOW OUR GAVEL-TO-GAVEL COVERAGE IN THE WANING DAYS OF SESSION ON SD.NET.

WE LIVE STREAM VIDEO FROM THE HOUSE AND SENATE CHAMBERS, AND AUDIO STREAM EACH AND EVERY COMMITTEE HEARING.

FOR A SUMMARY, YOU CAN SUBSCRIBE TO OUR DAILY SDPB NEWS PODCAST OR OUR TWICE WEEKLY SDPB MORNING REPORT EMAIL NEWSLETTER.

AND YOU CAN JOIN SDPB'S LORI WALSH ON "IN THE MOMENT" FOR REGULAR LEGISLATIVE UPDATES.

I'LL SEE YOU ON THE OTHER SIDE OF SESSION.

UNTIL THEN, I'M JACKIE HENDRY.

THANK YOU FOR WATCHING.

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