Legislative panel OKs definition of preschool

PIERRE — The Legislature’s rules review committee struggled Tuesday whether to allow the state Board of Education to define preschool in the regulations that govern South Dakota’s public schools.

The committee ultimately split 4-2 in favor of letting the definition stand, even though the Legislature provides no funding for preschool activities, and lawmakers have otherwise repeatedly blocked efforts by the Rounds administration to advance pre-school in South Dakota.

Lawmakers split during the 2010 legislative session whether to allow creation of a new statewide early-learning council, with the House of Representatives finally rejecting the plan.

Rep. Roger Hunt, R-Brandon, said the Legislature has been dealing with the broad issue of pre-school since at least 2007 and hasn’t come to any conclusion.

He said an attempt by the executive branch to define preschool via the rules process flies against the Legislature’s role in the issue.

“Realistically speaking, this is usurping the authority of the Legislature,” Hunt said.

Tamara Darnall, director of finance for the state Department of Education, said the new definition of preschool in the department’s rules is “strictly for data collection.”

She said the data collection is at the request of federal impact-aid schools that offer preschool services.

Because the state department doesn’t collect preschool information now, she said, the school districts haven’t been able to use their preschool enrollments in calculating their perstudent costs as part of qualifying for the federal aid.

“I can assure we’re not trying to go against the power of the Legislature. We’re trying to help these school districts,” Darnall told Hunt. Several superintendents testified in support of the new definition. “We want to protect that funding coming into South Dakota,” Andes Central School District Superintendent Darrell Mueller said. Susan Smit, the Wagner superintendent, denied the new definition of preschool and the data collection are a backdoor attempt to circumvent the Legislature’s refusal to venture into authorizing preschool activities. “Nothing could be further from the truth,” Smit said. “This change does no harm.”

Opponents of expanded state involvement in preschool testified at the state Board of Education’s public hearing last month. No opponents appeared to express their views to the legislators Tuesday.

Hunt recommended that the definition be rejected. He said it’s not consistent with legislative intent. He was supported by Sen. Jean Hunhoff, R-Yankton.

“If this is the definition to be used, where is the opportunity for the Legislature to be involved in that definition?” Hunt asked. “The legislative intent has almost been to the opposite — not to have any definition of preschool, not to have preschool as such.”

He said he understands the situation facing the impact-aid districts, but asked why it wasn’t brought to the Legislature. He said the rules review committee would be going too far in allowing the definition to be placed in rule. He said this would be allowing an executive branch agency to usurp the authority of the Legislature.

Rep. Peggy Gibson, D-Huron, defended the change. “It’s a very, very minimum definition,” she said.

Sen. Jim Hundstad, D-Bath, said the definition is needed. Sen. Mike Vehle, R-Mitchell, took a similar position. He said it’s acceptable for data collection purposes.

Hunhoff said the Legislature needs to set the definition in law before a rule can be made.

Rep. David Lust, R-Rapid City, said almost every department or agency has rules in which definitions are set. Lust said the definition is so narrowly tailored that it should be allowed to proceed. He encouraged Education Department officials to seek a legislative definition too.

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