Senate panel backs bill letting districts place violent students in alternative settings, with IDEA protections emphasized

Secretary of Education Joe Graves told the Senate Education Committee that House Bill 1017 would give school boards and administrators a new tool to address ‘‘extremely violent, disruptive’’ students by permitting instruction in alternative settings ranging from virtual instruction and home-based programs to day schools or external placements. Graves framed the proposal as a response to rising incidents that injure staff and disrupt learning environments and argued the measure would reassure teachers that there are consequences for severe misconduct.

Multiple proponents, including school leaders and representatives from Children's Home Society, supported the bill as a necessary, optional policy. "Teachers and administrators are getting burnt out," Graves said, listing injuries and classroom destruction he said had been reported to the Department of Education. Florence Thompson Fuller, a former school psychologist, said schools need to try different approaches and added, "They need consequences and I applaud Dr. Graves and the sponsor for bringing this forward."

Disability Rights South Dakota offered a narrow opponent concern: Cole Uker warned that optional alternative-placement authority could create a chilling effect and potentially discourage districts from pursuing evaluations and services under the Individuals with Disabilities Education Act. Secretary Graves and sponsors clarified that students covered by IDEA protections are exempt from the provision and that the bill is optional for districts.

Committee members asked how placements would be decided and who would authorize them; witnesses said the board would delegate authority (ultimately to the principal or administrators), parents would be engaged in the process, and that the measure was intentionally broad to accommodate rural districts with different placement capacities. Proponents noted companion appropriations and companion bills intended to support placement capacity in regions that lack day-school alternatives.

After debate on scope, parental engagement, and funding, the committee voted 6–1 to advance HB1017. Supporters described it as an optional "tool in the toolbox" for districts; opponents urged careful monitoring to ensure the measure does not short-circuit special-education protections.