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Where major education bills stand as Legislature’s main work ends until Veto Day

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Where major education bills stand as Legislature’s main work ends until Veto Day


This legislative session was a “banner year for education.”

That’s the sentiment of House Majority Leader Will Mortenson (R-Fort Pierre). After all, the 2024 legislative session saw frank conversations about the state’s teacher pay situation, school safety and school lunch, as well as support from lawmakers regarding a tuition freeze and a 4% increase in funding to education.

More: $7.3 billion South Dakota budget funds $27 million increase, new programs and more

All of the following bills can move forward if Gov. Kristi Noem approves the budget as it stands, and doesn’t veto any of the bills that have passed by Veto Day on March 25. Here’s a closer look at what’s at stake:

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Teacher pay, education funding and a tuition freeze

State employees and educators will get the 4% increase in education funding both they and Noem wanted to see this year, an increase that will benefit public K-12 and higher education.

Technical colleges and state universities will also see a tuition freeze for the third year straight, an addition to the budget Noem hadn’t originally supported in December, and a move that will keep students’ tuition from rising.

Multiple bills came up dealing with the state’s near-last-in-the-nation average teacher salary. The main one passed is Senate Bill 127, which requires districts to raise their average teacher compensation, which affects salary, by 97% of the increase approved by the Legislature and governor each year starting July 1. Noem signed the bill on Wednesday in Mitchell.

SB 127 also requires each district to pay their teachers a salary at least equal to a new state minimum teacher salary of $45,000. That’s where the figure will start in fiscal year 2025. It will increase by the percentage change in target teacher salary from the previous fiscal year to the current fiscal year each year going forward.

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Districts that don’t follow the bill by increasing average teacher compensation and paying teachers at least the state minimum teacher salary could face an accreditation review, or could be penalized $500 in state aid for each full-time teacher employed in the district.

A similar bill, House Bill 1048, was tabled in the Senate. It progressed through most of the legislative session until SB 127 was amended and took over.

More: South Dakota Legislature passes bill aiming to increase teacher salaries, compensation

Another bill, House Bill 1201, is awaiting the governor’s signature and would appropriate $800,000 to the Department of Labor and Regulation for the teacher apprenticeship pathway program.

More than $3 million in funding for a major higher education project, the Center for Quantum Information Science and Technology, is contained in Senate Bill 45, which Noem signed at Dakota State University on Wednesday.

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More: Why 4 of South Dakota’s universities want a Center for Quantum Information Science

Noem also signed House Bill 1022, a $6 million appropriation to the Department of Education to provide professional development to teachers on literacy education based on the science of reading, in Mitchell on Wednesday.

Attempt for school safety results in concealed carry in schools

Sen. Brent Hoffman (R-Hartford) brought three different school safety bills this session: Senate Bill 34, Senate Bill 103 and Senate Bill 203.

SB 34 would’ve required all 148 public K-12 school districts and all 706 public K-12 school buildings in the state to have a school sentinel or school resource officer, but it was killed in the Senate Education committee.

SB 103 would’ve required each exterior door of a public school that’s unlocked during regular school hours to be monitored and controlled by a school district employee or school resource officer who’s physically present, and would’ve required video surveillance at main school doors, but a vote to pass the bill with an amendment failed in the Senate.

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SB 203 was the only bill to make it out of the Legislature, and lets school principals give written permission to individuals 21 or older with an enhanced permit to carry a concealed pistol at public elementary or secondary schools. It’s on Noem’s desk.

More: South Dakota bill would allow principals to decide who concealed carries guns in schools

School lunch bills failed

There were two different attempts to free up some of the costs families face when paying for school lunch: Rep. Kadyn’ Wittman’s (D-Sioux Falls) House Bill 1042, and Rep. Tyler Tordsen’s (R-Sioux Falls) House Bill 1238.

HB 1042 would’ve covered the cost of breakfast and lunch for students who qualify for free or reduced-price meals at an estimated cost of $578,000 per year, but was killed in the House Education committee.

HB 1238 would’ve covered costs for families with incomes less than 209% of the poverty line who aren’t already eligible for free or reduced-price meals through federal programs. Tordsen estimated the annual cost between $1 million and $1.5 million. His bill was killed in the House Committee on Appropriations.

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Mixed bag on bills monitoring content, events in educational settings

Noem has a chance in the coming days to sign House Bill 1178, which prohibits the Board of Regents or any institution under its control from using state resources for “obscene live conduct.”

HB 1178 mirrors two similar bills from 2023, House Bill 1116 and House Bill 1125, which were an attempt to prevent events such as the student-led drag show on campus at South Dakota State University in November 2022 from ever happening again.

More: Senate committee advances bill banning ‘obscene live conduct’ at South Dakota universities

Two more outright anti-drag bills, House Bill 1113 and Senate Bill 184, were killed in the early stages of being introduced.

HB 1113 would’ve prohibited the use of state resources for the provision of “lewd or lascivious content,” and sought to limit state agencies, institutions or public school districts to spend money or use state-owned facilities to develop, implement, facilitate, host, promote or fund any “lewd or lascivious content.” HB 1113 was killed in the House State Affairs committee.

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SB 184 would’ve made someone guilty of disseminating material harmful to minors, a class one misdemeanor, if they were performing in drag. The bill was killed by the Senate Education committee.

Noem has already signed House Bill 1197, which requires schools to publish online or in their local newspaper what policies they have that restrict minors from accessing obscene matter or materials, something that was largely already in place on many district websites or in their policy handbooks.



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Acquitted in beheading case, South Dakota man sues, claiming malicious prosecution

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Acquitted in beheading case, South Dakota man sues, claiming malicious prosecution


WATERTOWN, S.D. — A man who spent 1,217 days as the only suspect in the 2020 murder and beheading of an Indigenous woman filed a civil rights lawsuit in federal court on Thursday, Jan. 8, alleging he was negligently and maliciously prosecuted.

The complaint, filed in the United States District Court of South Dakota Northern Division, on behalf of Jeremiah Peacemaker, 49, names nearly three dozen defendants, including current Watertown Police Chief Timothy Toomey, department officers, South Dakota Attorney General Marty Jackley, as well as agents from the South Dakota Division of Criminal Investigation, the city of Watertown, and others.

Peacemaker was

acquitted on March 5, 2024,

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of murdering 28-year-old Kendra Rae Owen, an enrolled member of the Sisseton Wahpeton Oyate.

Jeremiah Peacemaker, now 45 years old, leaving the courtroom at the Codington County Courthouse in Watertown, South Dakota, on Monday, March 4, 2024.

Patrick Lalley / Sioux Falls Live

Peacemaker argues his rights under the 4th, 5th, 8th and 14th amendments to the U.S. Constitution were intentionally, recklessly and willfully violated, and claims the ordeal has left permanent damage to his reputation, his emotional well-being, his livelihood and his relationships.

Represented by Steven Beardsley, Kate Benson and Scott Bratland, of South Dakota law firms, Peacemaker is seeking compensatory damages in an amount to be determined by a jury at trial.

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In the complaint, Peacemaker claims little of Owen’s case was actually investigated: Witnesses were ignored, evidence was ruined, misplaced and lost, and other suspects besides Peacemaker were not investigated.

“Investigators refused to consider the possibility that they had arrested the wrong person,” his complaint states.

Peacemaker told investigators that he met Owen only once, days before her murder, and he was the victim of a beating and a hit-and-run the night before his arrest.

At the time, police thought Peacemaker’s story strange, according to the complaint, and fingered him as the primary suspect hours after Owen’s body was found.

“They wanted to prove that (the) plaintiff made up the story about the assault and hit and run. When they actually did an investigation, what they discovered is that he had told the truth,” the complaint states.

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Shortly after Owen’s murder, investigators agreed to trick Peacemaker, according to the complaint. Outwardly, they pretended they were going to investigate the hit and run, but quickly focused on placing Peacemaker at the scene of the murder.

At the police station, Peacemaker alleges he was tricked into giving a DNA sample, and into talking about a woman with pink hair.

Owen had pink hair.

IMG_5346.jpg
South Dakota Attorney General Marty Jackley talks to media after closing arguments in the Jeremiah Peacemaker trial at the Codington County Courthouse in Watertown, South Dakota, on Tuesday, March 5, 2024.

Patrick Lalley / Sioux Falls Live

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Eventually, he was read his Miranda Rights. A photograph of Owen’s corpse and her head propped on a mattress was “slapped” in front of him, the complaint stated.

Even though Peacemaker tried to tell investigators that he had only met Owen one time, two days before the hit-and-run, they called him a psychopath and a serial killer.

“He was completely blindsided and stunned,” the complaint stated.

Video evidence later revealed that Peacemaker was telling the truth, according to the complaint — he was seen with Owen buying beer from a nearby bar.

“The plaintiff explained that he was not trying to hook up with her and that she did not make him mad. He was happy to meet her and to have made a new friend,” the complaint stated.

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After an entire night of interrogation, Peacemaker was arrested.

Scott Bratland 022824.jpg
Watertown lawyer Scott Bratland at the Condington County Courthouse during the murder trial of Jeremiah Peacemaker on Wednesday, Feb. 28, 2024.

Patrick Lalley / Sioux Falls Live

Nearly three years after Owen’s death, Peacemaker’s defense lawyers returned to the crime scene. While walking around the house, they saw a strange saw on the roof. After reviewing crime scene photographs from 2020, the saw was visible in the same spot, according to the complaint.

“Defendants did not find it because they did not look. It remained on the roof for three years. By the time it was finally collected, the forensic evidence was gone,” the complaint stated, adding that there were reddish-brown stains on the roof under the saw.

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Kate Benson 022824.jpg
Watertown, South Dakota, lawyer Kate Benson at the Condington County Courthouse during the murder trial of Jeremiah Peacemaker on Wednesday, Feb. 28, 2024.

Patrick Lalley / Sioux Falls Live

No reasonable investigating officer could have believed there was probable cause to arrest Peacemaker, the complaint stated.

“Because of the quick arrest of Mr. Peacemaker and subsequent press releases, the public was led to believe that this was an open and shut case. Law enforcement officers were hailed as heroes for the quick arrest. The victim’s family had no idea how flawed the case was until they showed up to watch the trial,” the complaint stated.

Kendra Owen, provided by her mother, Jewel DeMarrias.jpg
Kendra Owen, before her murder in 2020.

Contributed / Jewel DeMarrias

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Owen, whose Indigenous name according to her obituary was Gakiya Nagun Wiyan or “Hears the Voice in the Distance Woman,” lived a “high-risk lifestyle,” the complaint stated, adding that she had disabilities that impaired her judgment. She had a substance abuse disorder, but she was also independent and a fighter.

Owen’s case worker, Marciella Espinoza, from the Human Service Agency, called her “Mike Tyson” because her initials were “K.O.,” and at times she was involved in fights, both as an assailant and a victim, according to the complaint.

But Owen was much more than that, her mother Jewel DeMarrias told Forum News Service in a brief interview.

She played bowling, basketball and softball in the Special Olympics. She was a churchgoer, DeMarrias said.

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“She was an earth angel. She would give you her last penny to help you,” DeMarrias said.

kendra-owen-before-her-death-photograph-provided-by-jewel-demarrias.jpg
Kendra Owen before her murder in 2020.

Contributed / Jewel DeMarrias

Because of her lifestyle, intoxicated people were frequently in her home, according to the complaint. From Jan. 1, 2020, until the day her body was found, she called 911 six times, usually asking for help removing people from her home.

“A quick search of Ms. Owen’s record yielded a ton of potential suspects. The 911 records had the names of individuals who should have been interviewed because they were recently in altercations with Ms. Owens, but they were not,” the complaint stated.

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From that suspect list of eight people, some have already died since the trial, according to the complaint.

One possible suspect had had Owen’s keys and threatened to kill her.

A second possible suspect — a woman — tried to hire an undercover FBI agent to commit murder, and when asked what she would do to help with the murder, she offered to cut up the body, according to the complaint.

A third potential suspect, who made the last nine phone calls to Owen, stopped by her house numerous times looking for his jean jacket. Owen was wearing a jean jacket at the time of her death.

A fourth potential suspect once broke Owen’s arm, and a fifth was with Owen when she met Peacemaker. Both these people are now deceased.

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The sixth person on the list described by the complaint was described as Owen’s occasional boyfriend.

The seventh was a violent meth user who once gouged out a person’s eye.

And the eighth possible suspect was once married to a woman who assaulted Owen. While in jail, he made a “strange phone call” to Peacemaker, saying that whoever killed Owen was after him.

Cigarette butts found in Owen’s apartment were also not tested until defense attorneys in Peacemaker’s felony trial insisted. When DNA evidence came back, the genetic trail led to a woman named Brianna Lawrence, who spent time in prison for hiring a hit man to kill the father of her children, according to the complaint.

“She planned to assist the hit man by chopping the body into pieces,” the complaint stated, adding that Lawrence was also not interviewed until three years after the murder, a delay that made documentation of Lawrence’s location difficult.

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The Watertown Police Department’s failure to properly investigate the case “shocks the conscience,” the complaint stated.

“Key pieces of evidence were recklessly ignored. Evidence proving Mr. Peacemaker was innocent, lost, not collected, not tested and not documented,” the complaint stated. “Investigators were more worried, tiptoeing around each other’s egos, than doing a proper investigation.”

Watertown Police Capt. Ryan Beauchamp — one of the defendants — told Forum News Service that the department could not comment on the lawsuit at this time.





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South Dakota looks to space for high-speed internet access initiative

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South Dakota looks to space for high-speed internet access initiative


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It’s expensive to extend fiber-optic cable to the remaining locations in South Dakota that don’t have high-speed internet, so the state is leaning into providers offering service from satellites in space.

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The state’s ConnectSD initiative, which began in 2019, had helped bring broadband access to 91% of South Dakota by 2024. A state report noted the remaining 9% would be costly, given the price of bringing miles of fiber to remote areas with few customers. 

The broadband initiative has cost $300 million so far, with funding from federal, state and private sources. Gov. Larry Rhoden announced recently that the state will soon receive another $72 million in federal funding for the effort.

A little more than a third of the new funding will go toward  “Low Earth Orbit Satellite” technologies, like SpaceX’s Starlink, to reach 2,705 of the 7,060 locations in the state targeted for the funds. Most of the other targeted connections will come by way of fiber-optic cable, and 177 will come via signals beamed from cellular towers.

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The satellite funding will not be used to pay for individual subscriptions, said a spokesperson for the Governor’s Office of Economic Development. 

“Instead, the award reserves network capacity with the provider so service is available in those locations,” said Bri Vande Pol. “The provider is reimbursed on a per-location basis only when a customer subscribes to the service.”

Vande Pol said the federal funding requires providers to make high-speed internet available to each eligible location for at least 10 years. She said the provider receives 25% of the award upon confirming service is available, and the remaining payments for the reserved network capacity are made quarterly over the 10-year period.

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The new federal money comes from the Broadband Equity, Access and Deployment program, authorized by the 2021 Infrastructure and Jobs Act, passed during the Biden administration.  

“Under the Trump administration’s changes to that program, states are encouraged to use a technology-neutral approach and connect locations in the most efficient way possible,” Vande Pol said. 

“In some of South Dakota’s most remote areas, Low Earth Orbit satellite service is a strong, reliable solution that meets performance standards while allowing us to maximize the reach of available BEAD funding,” she added. 

As of June 2025, South Dakota’s ConnectSD program had used $84.4 million in state general funds, $88.5 million in federal funds and $129.6 million in private investment from broadband providers to connect about 31,000 locations. The state and federal money has mostly been spent on grants to service providers, to help them expand their networks.

Rhoden’s latest proposed budget asks lawmakers to authorize $87 million in federal funding to be spent on broadband in the coming fiscal year. 

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Rhoden spokesperson Josie Harms said the $72 million figure announced in a press release represents “the amount that will actually be awarded to the subrecipients.”

“The $87 million amount is the total spending authority, which includes the project costs as well as administrative costs and marketing costs,” she wrote in an email to South Dakota Searchlight.

South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.



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South Dakota DCI releases details on vehicle death in Wagner, SD

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South Dakota DCI releases details on vehicle death in Wagner, SD


WAGNER, S.D. (Dakota News Now) – The South Dakota Division of Criminal Investigation has released details on a homicide that happened on January 10 in Wagner, SD.

A Wagner man has been arrested in connection with a fatal vehicle incident that occurred Saturday night near Wagner, according to SD Attorney General Marty Jackley and Charles Mix County State’s Attorney Steve Cotton.

Darian Wright, 32, of Wagner, has been charged with Vehicular Manslaughter, Driving Under the Influence, and Leaving the Scene of an Accident, with additional charges possible.

Dana Frederick, 29, of Wagner, was found deceased at a residence after a vehicle crash south of Wagner earlier that evening.

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The vehicle was allegedly driven by Wright, who, along with a young child, sustained minor injuries in the incident.

The incident remains under investigation by the South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, and the Wagner Police Department.

Wright is presumed innocent under the U.S. Constitution until proven guilty.

There is no additional threat to the public.

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