Direct the Department of Social Services to amend administrative rules allowing graduate students to be eligible for child care assistance.
Summary
Senate Bill 118 directs the South Dakota Department of Social Services to amend two administrative rules governing child care assistance eligibility. The bill would remove the current rule that makes individuals enrolled in an educational program beyond a bachelor’s degree ineligible for child care assistance, thereby allowing graduate students to qualify if they otherwise meet program requirements. It also revises the education/work-hour standards used to determine eligibility, including clarifying how school hours are counted and specifying that attendance at a college, university, or technical institute can satisfy the requirement through 12 semester credits, or 6 semester credits for students pursuing a degree beyond a bachelor’s degree.
The bill would affect the state’s child care assistance program by expanding access to graduate students and by requiring the Department of Social Services to update its administrative rules by September 30, 2025. It does not directly amend the underlying statutes in SDCL, but it does instruct rule changes under the department’s authority, which would change how eligibility is administered for applicants and households with students. The practical effect would be to broaden the pool of eligible recipients and potentially increase program participation and costs.
The general sentiment reflected in the voting history appears mixed to cautious. The bill did not advance cleanly: an initial committee vote on February 5 failed 2-3 on a do-pass motion, and a later vote on February 7 resulted in a 4-3 decision to defer the bill to the 41st legislative day. That pattern suggests the proposal had some support, but not enough consensus for immediate passage.
The main point of contention is the policy choice to extend child care assistance to graduate students, who are currently excluded under the administrative rule. Supporters likely view the change as helping working parents and students pursuing advanced degrees, while opponents may be concerned about expanding eligibility, program costs, and whether graduate students should be prioritized within a limited assistance program. The bill also raises technical questions about how education hours are counted and how the work/school-hour requirements apply to mixed work-study situations and households with two parents.
Impact
SB118 would require the Department of Social Services to amend ARSD 67:47:01:03.01 and 67:47:01:27, changing child care assistance eligibility rules to include graduate students and to adjust related education-hour criteria. The bill would not itself rewrite the child care assistance statutes, but it would change the administrative rules that implement SDCL 28-1-60 and 28-1-61, affecting applicants, current recipients, and the department’s eligibility determinations.
Sentiment
The available voting history suggests the bill was controversial but not without support. A do-pass motion failed 2-3, indicating resistance at the committee level, but a later 4-3 vote to defer the bill shows the issue remained alive and had enough backing to avoid immediate defeat. Overall, the sentiment appears divided, with no clear consensus in favor of the proposal.
Contention
The central controversy is whether graduate students should be eligible for child care assistance despite the current exclusion for education beyond a bachelor’s degree. Supporters likely argue that graduate students may still be low-income parents needing child care to complete their education, while opponents may object to expanding a means-tested benefit to a higher-education population or to the potential fiscal impact. Secondary issues include how the revised hour-counting rules would work in practice and whether the eligibility standards remain appropriately targeted.