After suffering defeat earlier this week, pre-k supporters turned to legislative procedure Wednesday to resurrect a bill designed to expand voluntary access to high quality pre-k programs.

The move sets SB 191 up for a series of votes next week. Because the bill was defeated Monday in House Education, a majority must vote to overturn the committee’s recommendation before the bill can be debated on the House floor. The vote, likely to occur Monday, will be close.

The House of Representatives has rejected pre-k bills in each of the past two legislative sessions. Following Monday’s hearing in House Education, it appeared as the bill was destined for a third defeat. But for the first time ever, pre-k advocates are taking the fight to the next level.

Rep. Shantel Krebs, R-Sioux Falls, made the motion to revive the bill. She was supported by a handful of her fellow Republicans and nearly the entire Democratic caucus. The number of lawmakers who voted for the smoke out is close to the 36 votes needed to pass Monday's procedural test.

Pre-k advocates are hoping the bill’s fate will be different this year. But, if testimony and commentary during the committee hearing is any indication, the debate surrounding the bill hasn’t changed.

Opponents branded the bill as costly, unnecessary and anti-family before committee members voted 9-6 on Monday to defer the measure to the 41st legislative day. After suggesting achievement gaps can be eliminated with more active parenting, legislators called for a return to traditional American values.

Rep. Jim Bolin, R-Canton, told committee members they had a choice to follow one of two roads.

“The sign on the one road is Lyndon Johnson Boulevard,” he said. “It’s the road of bigger government, more programs, higher taxes, and more deficits.” Rep. Bolin went on to describe the second path as “Reagan Road” – a term he used to describe limited government and a values-oriented society.

Supporters of Senate Bill 191 pushed back against those claims, arguing that struggling families can’t afford quality pre-k and there isn’t enough room in existing federally subsidized head start programs.

“I challenge you to do something to help those parents that are really unable to help their children,” said Rep. Elaine Elliot, D-Aberdeen. “I challenge you to come up with something that’s going to fix society.”

Pre-k advocates also stressed the benefits pre-k has on early learning and emphasized that early education helps close achievement gaps, particularly for low income children.

Senate Bill 191 establishes academic standards for quality pre-k programs and establishes a community planning process to expand access to voluntary early education programs. The measure is targeted to only serve students at or below 130 percent of the federal poverty level, which is defined as a family of four living on less than $28,000 per year.

ASBSD testified in support of the legislation.

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A measure that to expand voluntary pre-k education for at-risk students earned the endorsement of the Senate Tuesday, paving the way for the House of Representatives to consider a concept it has rejected the past three years. Senators approved SB 191 on a 19-14 vote.

The measure sets up a process for communities to build voluntary pre-k programs for children who come from low income families. With a plan in place, the community can apply for state funding to initiate the early childhood programs based on educational standards set by a state-level early learning council.

The bill’s prime sponsor, Sen. Tom Dempster, R-Sioux Falls, urged lawmakers to approve the measure, which he said is necessary to provide a level playing field to our state’s most disadvantaged children.

He assured lawmakers that public, private and faith-based pre-k providers would be involved in voluntary pre-k offerings and stressed the voluntary nature of the legislation.

Opponents lashed out the bill as intrusive to business and a “massive government expansion” in a time of tight budgets.

ASBSD supports SB 191.

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Legislation enabling local communities to plan voluntary standards-based pre-k programs for children coming from low income families passed an initial test Thursday, winning approval from the Senate Education Committee on a 4-2 vote.

Sen. Tom Dempster, R-Sioux Falls, pitched SB 191, stressing its voluntary nature while articulating the need and value for increased access to high quality pre-k programs.

More than 1,500 South Dakota children are currently on a waiting list to join federally funded pre-k programs – a fact that Sen. Dempster said creates early academic divides and will eventually lead to more stress on the state’s budgetary commitments to social assistance programs.

A parade of proponents – including ASBSD, state agencies, public and private pre-k providers, pre-k teachers and parents – urged lawmakers to support the measure, praising pre-k programming for its benefits on early learning. They also tried to head-off anticipated attacks against the plan by highlighting cooperation with private pre-k providers and steadfastly declaring pre-k programs as voluntary.

“There is no state in the nation that has, or has contemplated, mandatory pre-k,” said Greg Boris, a pre-k policy expert with South Dakota Voices for Children.

The measure drew familiar opposition from Concerned Women from America and the Family Policy Counsel, who have rallied against similar measures in the past. Detractors painted the legislation as deceptive, anti-family, budget-busting and mandatory.

Following nearly an hour of committee testimony, legislators entered briefly debated the legislation.

Sen. Russell Olson, R-Madison, opposed the plan, telling committee members that the he believes students belong with their parents until they enter kindergarten.

“In a perfect world, I would agree with you,” Sen. Ben Nesselhuf, D-Vermillion, said, responding to the Madison lawmaker’s statement. “But we live in far less than that.”

The measure moves to the Senate next.

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The House Education Committee voted down a proposal Monday that would establish a framework to evaluate the state's interest in pre-k education.

Lawmakers voted 9-6 to send SB 191 to the 41st Legislative Day, calling state-supported pre-kindergarten an intrusion into family lives and private business.

Supporters say the issue isn't settled and pre-k advocates are working to secure a House floor vote through the Legislature's “smoke-out” process.

Before voting, committee members heard testimony for more than an hour.

Proponents of the plan sang the praises of pre-k education, noting the differences early childhood education can have on student achievement. Supporters also stressed the voluntary nature of the legislation, attempting to beat-back fears that pre-k would become mandatory.

Critics decried the measure, arguing that the bill would take away parental responsibility and infringe on private businesses.

Rep. Tom Brunner, R-Nisland, said he was “very much opposed” to any plan that would allow the government to compete with private businesses. He also expressed concern about funding a program when the state can't afford to property fund K-12 education currently.

Rep. Mitch Fargen, D-Flandreau, asked committee members to vote based on the legislation in front of them, not the legislation opponents are making it out to be. The bill doesn't ask for funding, he said.

For more information on the legislation, click here.

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The South Dakota Senate passed legislation that will advance the state's interest in pre-kindergarten education - a move that supporters say will establish a framework to better define the need and desire to expand access of voluntary pre-k programs to economically disadvantaged students.

Senators approved SB 191 on a 20-15 vote after trading spirited arguments encompassing a range of philosophical policy positions that has made the pre-k discussion one of this year's most interesting legislative debates.

According to the legislation, pre-k providers aren't required to adhere to any set of state pre-k standards, but they have the option to seek certification based on “evidence-based quality benchmarks.”

Though the legislation mentions state-funded pre-k programs, it doesn't contain an appropriation. The measure does clarify that any future state-funded pre-k programs could only serve students from families whose household income is at or below 130 percent of the federal poverty level.

The bill also contains other safeguards intended to mitigate concerns of voluntary pre-k opponents, including a provision that no child may be required to attend pre-k. The legislation also makes it clear the communities – not school districts – will drive any expansion in pre-k access at the local level.

The merits of pre-kindergarten education

Lawmakers traded talking points, sharply disagreeing about the impact pre-k education has on student achievement.

Leading pre-k advocate Sen. Tom Dempster, R-Sioux Falls, relied heavily on a compilation of research from the Minneapolis Federal Reserve, arguing that economically disadvantaged students attending pre-k are less likely to fall behind, less likely to need special education or remedial services, and are more likely to graduate from high school.

Sen. Dempster also referred to gains made by pre-k students currently served by a pilot program launched two years ago in Sioux Falls, which he said has led to “huge increases in the kids' results.”

Lawmakers from Lead, Pine Ridge and Rapid City recalled pre-k success in their respective communities, urging their fellow Senators to support the bill.

Sen. Jeff Haverly, R-Rapid City, who owns a daycare business in and acknowledged being “involved in the industry,” questioned the academic benefits of pre-k programs.

He criticized prominent pre-k research, saying it was based on an academic environment that isn't easily duplicated. Gains experienced in pre-k are demonstrated to fade-out later in a student's academic life, he said.

Fighting over funding

Even though the bill doesn't contain an appropriation, critics of the legislation waged arguments against the measure they said will require state funds in the future.

Even the suggestion that the state would fund pre-k programs is troublesome, according to Sen. Haverly, who has been quoted as saying that the program would cost the state as much as $50 million annually.

“We as legislators already have a problem funding K-12 education,” Sen. Haverly said, adding that he believes most Senators would agree that local school districts aren't sufficiently funded.

“We should not strap future legislators with the decision to fund community programs, especially in these tough economic times,” he argued.

Pre-k advocates rejected those concerns, saying instead that the bill is structured to provide lawmakers with the information and data needed to make a decision about funding. Without the legislation, the state officials don't have the authority to develop a structure for high-quality pre-k program – an element supporters said is needed to empower communities to plan local pre-k programs.

Even if the Legislature does decide to fund pre-k programs in the future, Sen. Dempster maintained that the money would be a wise investment.

Taking on poverty

Supporters of the plan locked onto to the legislation's requirement to target pre-k services to children from households that are at or below 130 percent of the federal poverty level.

Sen. Jim Bradford, R-Pine Ridge, asked lawmakers to consider the impact the legislation could have on the state's Native American students – a sub-group of students who perform far below their peers on state achievement tests.

“Sad to say, being poor is part of that,” Bradford said, referring to the academic struggles of Native American children. “Is it wrong to invest in them just because they're poor?”

Lawmakers turned to statistics to create urgency for the legislation, saying the number of single mothers and the high percentage of households with two-parent income earners suggest that families may not be able to afford high quality pre-k programs.

Waiting lists to access the federally funded early childhood education programs continue to balloon, proponents argued, meaning a need is not being met. The state's role in filling that gap would provide targeted assistance to students who are already at-risk of arriving to kindergarten behind their peers.

The proper role of government

Pre-k opponents raised fears of future mandatory participation and suggested that measure amounts to “nanny-state” legislation.

Sen. Larry Rhoden, R-Union Center, assailed the legislation, calling it another attempt to take away responsibility from parents.

“Every time we in state government assume another responsibility, and take it out of the home, there are responsible parents in this state that are more than happy to turn over their obligation to the state,” Sen. Rhoden said.

To further his point, Sen. Rhoden used an example from his time serving on the Meade School Board. He told his fellow Senators that once the school offered a breakfast plan to provide a morning meal for students who wouldn't get one, parents in the community deferred to the district to provide that meal.

“We end up with another government program that's mandated,” said Sen. Rhoden.

Sen. Stan Adelstein, R-Rapid City, said he wasn't concerned about a government mandate and that the legislation wouldn't take over for parents. If pre-k programs are created, they will only to serve those children whose parents aren't currently providing their children the opportunity.

“Are we willing to throw away children and their opportunity in this state and in this nation?” asked Sen. Adelstein.

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Legislation to establish quality benchmarks for voluntary pre-k programs cleared its first hurdle Thursday, winning approval from the Senate Education Committee on a 5-2 vote.

Committee members endorsed SB 191 (read more on the legislation here) after education advocates and business leaders told lawmakers that pre-k is a sound economic investment and will narrow achievement gaps between advantaged and disadvantaged students.

The hearing brought a familiar band of critics, including Concerned Women for America, the Family Policy Council and Eagle Forum. The groups spoke against past attempts to establish pre-k programs.

Opponents levied harsh criticisms for pre-k programs, calling the legislation the “community organizer pre-k plan” and a “fast-track to socialism.” In general, the groups were concerned that “government programs” are too costly and would replace parental rights.

Sen. Dave Knudson, R-Sioux Falls, who supported the legislation, offered what he called a “reality check” for the measure's opponents. He said there is a great need to provide at-risk children with access to quality pre-k programs – especially those from unstable home environments.

“These kids have a very dim future unless we can rescue them at an early age,” Sen. Knudson said.

Testimony in support of the legislation took two distinct tracks, with some supporters speaking directly to the economic benefits of pre-k programs.

Rob Gunewald, an economist with the Minneapolis Federal Reserve Bank, told lawmakers that the bank's research indicates strong public benefit from investments in high-quality pre-k programs.

“On the margin, the next dollar spent on early childhood education, before children come to kindergarten, would have the strongest impact on human capital and also have the highest return to the public,” Grunewald said.

Public benefit comes from eliminating achievement gaps before they impact a student's long-term academic success, he told lawmakers. Grunewald also praised the structure of the legislation, balling the bill voluntary, targeted and market-based – components he told lawmakers are essential to good public pre-k policy.

While Grunewald's testimony focused mostly on public investments in pre-k, Deputy Education Secretary Deb Barnett told committee members that it's too early to talk about state appropriations.

Barnett said the state must first establish a framework for high-quality pre-k programs – a process required by SB 191. Authoring high-quality benchmarks would ensure maximum benefit to students and taxpayers, Barnett said.

Sen. Bob Gray, R-Pierre, voted against the bill, expressing concerns about the need to fund the bill in the future. He said estimates suggesting the state would spend as much as $4,500 per-student for pre-k programs is triple the cost of private sector programs.

“Leave it to government to make something cost much more than it does in a private setting,” he said.

The legislation will be considered by the full Senate this week.

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The state won't require early childhood education providers to adopt state-developed pre-kindergarten standards, according to measure lawmakers will consider this session.

Legislation authorizing the State Board of Education to develop pre-k standards has failed during the past two legislative sessions, largely due to opposition voiced by private pre-k providers who argued that minimum standards would create unfair competition and increase private-sector costs.

According to SB 191, pre-k providers aren't required to adhere to standards, though they have the option to seek certification. However, the bill does require that any state-subsidized pre-k programs must adhere to “evidence-based quality benchmarks.”

Though the legislation mentions state-funded pre-k programs, it doesn't contain an appropriation. The measure does say, however, any future state-funded pre-k programs could only serve students from families whose household income is at or below 130 percent of the federal poverty level.

The bill also contains other safeguards intended to mitigate concerns of voluntary pre-k programs opponents, including a provision that no child may be required to attend pre-k. The legislation also makes it clear that K-12 schools won't automatically secure state funding – the process must first go through a early learning advisory group comprised community stake holders and then needs to be approved by the State Department of Education.

Sen. Tom Dempster, R-Sioux Falls, and Rep. Shantel Krebs, R-Sioux Falls, are the prime sponsors of the legislation.

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