South DakotaVoteScope
Eric Emery
Eric Emery

Rep. Eric Emery on

Education & Schools

22 bills voted on

Votes

HB 1051Voted Yes

Changes how schools calculate property taxes and state funding for general and special education.

This bill revises property tax levies for school districts by reducing the maximum general fund levy rates and adjusting the state aid formula. It decreases the maximum levy from $5.211 to $4.874 per thousand dollars of taxable valuation for general property, from $1.125 to $1.052 for agricultural property, and from $2.518 to $2.355 for owner-occupied single-family dwellings. The bill also updates the target teacher salary base year and makes minor adjustments to the overhead rate in the state aid formula.

Passed3/12/2026
SB 106Voted YesCo-Sponsor

Adjusts funding requirements for special education programs.

This bill modifies South Dakota's special education funding by increasing the amount set aside for extraordinary expenses from $4 million to $5 million starting July 1, 2026. Beginning July 1, 2027, both the annual set-aside amount and the maximum reserve cap will increase annually by an index factor. The bill also changes the decision-making process for expenditures from oversight board recommendation and secretary approval to a process defined in section 13-37-60.

Passed3/9/2026
SB 198Nay · Amended

Limits student cell phone use during school hours.

This bill prohibits students from using cell phones during the school day, with exceptions for approved medical/educational accommodations and health/safety emergencies. School districts must adopt policies setting disciplinary actions for noncompliance.

Failed3/5/2026
SB 79Voted Yes

Funds new manufacturing labs and classrooms at Southeast Technical College.

This bill appropriates $6,000,000 from the general fund to the South Dakota Board of Technical Education to construct an advanced manufacturing laboratory space and classrooms at Southeast Technical College. The appropriation is contingent upon the college receiving $18,000,000 from other sources (gifts, grants, donations) and no bonds being issued for the project. The bill designates administrative oversight to the Bureau of Human Resources and Administration and includes standard appropriation procedures for voucher approval and fund reversion.

Passed3/4/2026
SB 223Nay · Amended

Changes the rules for petitions to challenge school tax increases.

This bill modifies school district excess tax levy procedures by: (1) requiring resolutions to specify the total maximum dollar amount of taxes over the full term; (2) changing petition requirements from 5% to 50 registered voters and extending filing deadline from 20 to 40 days; (3) requiring ballot language to state the levy duration and total maximum tax amount; and (4) requiring elections to follow special election procedures under § 13-16-6.4.

Failed2/26/2026
HB 1202Voted YesCo-Sponsor

Funds construction of a trades training center at Lake Area Technical College.

This bill appropriates $5.2 million from the general fund to the South Dakota Board of Technical Education to construct, complete, and equip a trades center at Lake Area Technical College. The funding is contingent upon the college matching the state appropriation with gifts, grants, donations, or other sources. The bill prohibits issuing bonds for the project and places construction oversight under the Bureau of Human Resources and Administration. It includes standard appropriation language for voucher approval and fund reversion procedures, and declares an emergency for immediate implementation.

Passed3/2/2026
HB 1244Voted YesCo-Sponsor

Redirects special donation funds to support job training programs for students.

This bill repeals the existing special donations fund for the Jobs for America's Graduates-South Dakota program and replaces it with a $500,000 appropriation from the general fund to the Department of Education. The appropriation provides grants to nonprofit organizations supporting the Jobs for America's Graduates program in schools. The bill transfers any existing money in the special donations fund to the general fund and becomes effective June 30, 2026.

Passed2/25/2026
HB 1082Voted YesCo-Sponsor

Makes sure kids who qualify for reduced-price school meals get them for free, with the state covering the cost.

This bill establishes that school districts cannot charge reduced-price eligible students for any meals through federal lunch and breakfast programs, allows districts to charge full-price students and employees for meals, and requires the Department of Education to reimburse districts for the costs of providing meals to reduced-price eligible students (minus federal reimbursements).

Passed2/24/2026
HB 1225Voted NoSponsor

Makes changes to improve education in South Dakota.

This bill directs the Legislature to enhance the future of education in South Dakota. The bill contains only a general policy statement without any specific legal requirements, standards, or procedures.

2/23/2026
HB 1017Voted Yes

Allows schools to place disruptive students in alternative classrooms.

This bill creates new authority for school boards to assign students to alternative educational settings when those students exhibit aggressive or violent behaviors that disrupt the school or affect health and safety factors of the school or its programs. The bill includes protections ensuring it cannot limit existing enrollment options or conflict with federal disability education laws.

Passed2/20/2026
SB 116Voted YesCo-Sponsor

Funds construction of a new indoor sports facility at Dakota State University.

This bill appropriates $13,330,000 to the Board of Regents for the design and construction of an indoor athletics facility at Dakota State University's Beacom PREMIER Complex in Madison. The bill allows for cost adjustments up to 125% of the estimated amount due to inflation and regulatory changes, permits acceptance of external funding sources, and declares an emergency for immediate implementation.

Passed2/20/2026
SB 117Voted YesCo-Sponsor

Funds construction of a new soccer stadium at South Dakota State University.

This bill authorizes the Board of Regents to contract for the design and construction of a new soccer venue at South Dakota State University with an estimated cost of $5.04 million. The bill provides appropriation authority for donated funds, allows cost adjustments up to 125% of the original estimate for inflation and regulatory compliance, permits acceptance of federal and donated funds, specifies that no state liability is created, and establishes administrative oversight through the Bureau of Human Resources and Administration.

Passed2/12/2026
HB 1243Nay · Amended

Requires public schools to display the state motto and covers legal costs if challenged.

This bill requires all public schools to display South Dakota's state motto 'Under God the People Rule' in prominent locations like entryways, cafeterias, or other common areas. The bill extends existing legal protections to cover lawsuits arising from displaying the state motto - the attorney general must provide free legal representation to school districts, employees, and board members, and the state assumes financial responsibility for all related expenses including monetary damages, attorney fees, and costs.

Failed2/10/2026
HB 1118Voted Yes

Funds an expansion to the pig barn at South Dakota State University.

This bill appropriates $1,720,000 to the Board of Regents for the design and construction of an addition to an existing swine wean-to-finish barn at South Dakota State University. The appropriation comes from other fund expenditure authority for donated moneys, and allows for cost adjustments up to 125% of the original estimate due to inflation or regulatory changes. The bill includes standard appropriation provisions for accepting additional funds, disclaiming state liability for any debt incurred, and administrative oversight.

Passed2/10/2026
HB 1137Voted YesCo-Sponsor

Funds a new athletic facility at the University of South Dakota.

This bill appropriates $40,000,000 to the Board of Regents for the design and construction of an athletic facility at the University of South Dakota. The facility will include an indoor track, jumping areas, throwing cages, practice areas, locker rooms, offices, seating for 2,000 spectators, and related infrastructure. The Board may adjust costs up to 125% of the estimate for inflation and regulatory compliance, and may accept additional funding from federal sources or donations. The state disclaims any liability for debts incurred under this appropriation.

Passed2/10/2026
SB 85Nay · Amended

Requires voter approval when school districts want to raise property taxes.

This bill eliminates the 'opt-out' procedure for school district excess tax levies and mandates that all excess tax levies (both for general fund and capital outlay purposes) must be approved by voter election. Currently, school districts can impose excess tax levies with a two-thirds governing body vote, subject to a potential referendum if petitioned by voters. The bill removes the petition requirement and makes elections mandatory for all excess tax levies.

Failed2/4/2026
SB 8Voted Yes

Allows schools to use nasal spray epinephrine for allergic reactions.

This bill amends South Dakota's school epinephrine administration law to allow schools to stock and administer epinephrine via nasal spray in addition to auto-injectors. The bill updates multiple sections to include 'or nasal spray' alongside existing auto-injector provisions, covering acquisition, storage policies, administration procedures, training requirements, and liability protections. The same immunity from ordinary negligence claims applies to nasal spray administration.

Passed2/2/2026
HB 1130Voted Yes

Changes what school districts can spend capital funds on.

This bill reorganizes and expands the permissible uses of a school district's capital outlay fund. The bill restructures the existing law into a numbered list format and adds new permitted expenditures including: property insurance premiums, up to 15% of transportation contracts or mileage reimbursement costs, warranties on capital assets (excluding supplies), textbooks, and instructional software purchases or renewals. The bill maintains existing provisions for real property, facilities, equipment, installment payments, and capital outlay certificates.

Passed1/29/2026
HB 1003Voted Yes

Updates background check requirements for school employees.

This bill makes minor word changes to school employee criminal background check requirements. It changes references from 'school district' to just 'school' in multiple sections, changes 'any accredited school' to 'a school' in the reporting requirements, and removes 'South Dakota' from certain references. The substantive requirements for criminal background investigations, employment restrictions, and reporting obligations remain unchanged.

Passed1/28/2026
HB 1078Voted No

Changes the required courses for high school graduation.

This bill directs the South Dakota Board of Education Standards to amend administrative rules for high school graduation requirements. The changes are primarily technical, replacing 'units' with 'credits' throughout and making minor grammatical edits. It adds that agriculture science courses can be substituted for one science credit (except biology), similar to existing computer science substitution rules. It also reorganizes language about advanced endorsements and extracurricular fine arts credit without substantive changes.

Passed1/23/2026
HB 1008Nay · Amended

Allows high school students to earn academic credit for playing sports.

This bill directs the South Dakota Board of Education Standards to amend administrative rules regarding high school graduation requirements. The main change allows students to earn up to one-half credit in physical education for participation in school-sanctioned extracurricular varsity athletic activities (maximum one-fourth credit per activity per school year). The bill also makes technical changes to terminology throughout the graduation requirements, changing 'units' to 'credits' and making other minor linguistic updates.

Failed1/26/2026
HB 1039Voted NoSponsor

Sets requirements for heart health screenings for minors.

This bill creates mandatory cardiac health screening requirements for student athletes in South Dakota. It requires pre-participation physical examinations within one year of an athletic season that must include cardiac health history questions on a Department of Health-approved form. Licensed healthcare practitioners must evaluate minors' cardiac health history during physicals. The Department of Health must develop and distribute educational materials on sudden cardiac arrest screening and provide guidance to medical practitioners on identifying cardiac health issues.

1/22/2026