October 2004
Constitutional amendment B aims to continue cooperation
Gene Young
Managing Editor
When voters go to the polls next month (November 2), they will face more than just the races for President, U.S. Senate, U.S. House and local lawmakers.
Voters will also face the prospects of changing the state constitution.
One of the Constitutional ballot amendments affects Catholic school children in the diocese.
Constitutional amendment B, if approved, will change the Constitution to allow the legislature to authorize participation in transportation and food services of school age including children attending parochial and private schools.
Nancy Swenson of the Equality in Education committee supports passage of amendment B and calls it a “common sense constitutional amendment.”
“It’s one of those things that it’s not a Democrat or Republican issue. It’s about what’s best for the kids,” she said.
Swenson pointed to the fact that 98 out of 105 state lawmakers voted last legislative session to put the amendment on the ballot.
The amendment, if passed, would allow cooperation to continue between the public school sector and the Christian, parochial school sectors, according to Swenson.
In some areas, parochial and Christian school students are allowed to ride on public school busses to and from school.
An insurance flap more than a year ago put that in jeopardy until lawmakers and the Governor stepped in to fix it.
Or so they thought.
One school district continued to balk prompting lawmakers to revisit the issue and put the amendment in the ballot.
State Senator Garry Moore, a Democrat from Yankton was one of the prime sponsors of the amendment.
Moore thought lawmakers had addressed the issue in 2003. He is disappointed it had to come to a constitutional amendment. If that 2003 legislation “takes care of the concerns that the Lloyd’s of London had and they were underwriting many of our school busses’ liability, it certainly I would think that it would take care of any of domestic insurers would have,” Moore said.
State Representative Matt Michels, a Yankton Republican and Speaker of the House, was also a prime sponsor of the amendment and agrees.
“What I’ve consistently said from day one is “B is for bussing,” said representative Michels. “I feel that passionate about it. I would just hope that the number of legislators involved would help voters support it.”
There is opposition to amendment B. It is led by the South Dakota Education Association.
Bob Whitehead, the SDEA’s executive director, says the group’s opposition to amendment B is because the language is too broad. “We get into how expansive can this be and that is really where our concern lies,” Whitehead said.
His group also worries if passage of amendment B could eventually lead other obligations upon public school districts in regard to cooperating with private schools. “We question whether or not there is going to be an obligation on the part of public school districts to transport public school students if it is construed to be a discriminatory practice of picking up one private school child or two and not others,” Whitehead said.
Nancy Swenson and her family will not be directly affected by whether the amendment passes or fails. Her children are not in school where bussing services are shared. But she worries that opponents to the amendment are just trying to frighten people with rhetoric and claims that are not accurate.
State Senator Lee Schoenbeck, a Republican from Watertown, wrote the “pro” amendment B position listed on the Secretary of State’s website.
In it, he says amendment B addresses the issue of school districts afraid to cooperate at all with private schools because of the “Blaine Amendment” that prohibited that kind of cooperation when South Dakota was admitted to the union.
Schoenbeck says amendment B will fix that issue while not costing taxpayers anything. Amendment B, if approved, will allow “the legislature to authorize the public and Christian school cooperation we have known historically in South Dakota.”
State Senator Moore fears if amendment B fails, it will be back before lawmakers again when it should not have to come to that.
The diocese and the Church promote the idea of faithful citizenship for voters.
Both sides of the issue advocate that voters do research and homework about their ballot measures before going to the polls.
Places you can get information about the upcoming ballot amendments or measures include the state Secretary of State’s website at www.state.sd.us or the Equality in Education Committee website at www.equality in education.com.

 
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Amendment B
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