Schools want state to fill juvenile justice reform gaps
They were cited for skipping school and sent before a Minnehaha County judge.
Of the nine students at this month's hearing, only one had spent even a day in class since the semester began.
Two years ago they would have faced probation or juvenile detention, but today it's a $100 fine and two more strikes before more serious consequences.
A year and a half after Gov. Dennis Daugaard signed a widely praised package of juvenile justice reforms, South Dakota school administrators say the law has left them with few options for addressing truancy, underage drinking and other smaller offenses by students.
South Dakota's 2015 juvenile justice overhaul was aimed at diverting kids from detention centers into counseling programs, a goal education leaders say they support in theory. The problem, some say, is that the state has yet to fund or set the alternatives to detention that were promised in the law.
A group of metro-area school administrators met last week in Hartford with lawmakers, state officials and local law enforcement to discuss the shortcomings they see. A second meeting is scheduled for 7 p.m. Wednesday, Oct. 26 at North Middle School in Harrisburg.
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"To miss (school) and only pay a fine or ticket, they probably don't see that as a significant consequence," said James Nold, assistant superintendent for the Sioux Falls School District. "So then they continue to do what they're doing."
School district leaders began sharing frustrations this summer with how the new law affects truant students and students who commit misdemeanors.
In September, district leaders met to outline some of their concerns in a letter inviting legislators and others to the closed-door meetings.
"This isn't just a school issue," Sioux Falls Superintendent Brian Maher said.
The districts' concerns with juvenile justice are also shared by local law enforcement.
"There's a sense out there that you really don't get in trouble for anything anymore," Minnehaha County Sheriff Mike Milstead said. "And the consequences, if any, are very minor."
Truancy, underage drinking, petty theft and vandalism are among the offenses that under the new law students only receive citations, meaning the student would face only a fine.
The sole purpose of the juvenile justice system is rehabilitation, said Tony Venhuizen, chief of staff for Gov. Dennis Daugaard. The 2015 law outlined four types of community-based counseling programs that would be paid for by the money saved on detention center costs.
So far, only one of these programs, functional family therapy, has been implemented, and only 11 facilities in the state provide this type of counseling.
Some schools, including West Central, did not even know that any of the four counseling programs had been implemented.
"If we're going to save money on the incarceration, then we would like to see that money invested ... whether it's a diversion program (or) counseling," West Central Superintendent Jeff Danielsen said.
Despite frustrations, Danielsen and other administrators were encouraged by the discussion at the first meeting with legislators and educators.
"The lines of communication are improving," Brandon Valley Superintendent Jarod Larson said.
Legislators have also said they're looking forward to learning more about the challenges faced by districts.
Rep. Mark Mickelson, R-Sioux Falls, said he anticipates an "amicable process" toward finding a solution.
Harrisburg Superintendent Jim Holbeck said he hasn't heard any administrator say they want to go back to the old system of relying more on detention centers. His concern is how the perceived lack of consequences will affect students later in life.
"We're afraid when they turn 18, all of a sudden there's no more slapping the wrist," Holbeck said. "All of a sudden when they see consequences, it might be a big one."
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