SIOUX FALLS, S.D. (KELO) — The Rapid City Area Schools District superintendent Nicole Swigart is on a 30-day-leave for “discriminatory statements” she made to the U.S. Department of Education’s Office of Civil Rights officials in its 2023 investigation of the school district, the school board said Monday.

The DOE’s OCR investigated the school district for discrimination against Native Americans in handling school discipline and in its implementation of advanced learning programs. The OCR said in May Native American students were unfairly disciplined more often and had been discriminated against in advanced learning programs.

The school board said in a release on Monday the OCR’s investigative response included “discriminatory statements attributable to administration, which were not reflective of the fundamental views and beliefs of the District or its administration.”

Specifically, the board said in its release that while it trusted that Swigart’s statements were not beliefs she held, it would place her on 30-days leave and require her to complete cultural competency training. Also, Swigart will need to work towards “rebuilding positive, trusting relationships with the Native American community.”

A youtube video recording of the June 2 school board meeting shows that Swigart did apologize during that meeting for any offense the reported statements to the ORC may have caused but also said, “I want to make it clear that I do not recall choosing those words, and it was never my intention to make statements that could be perceived as disrespectful or dismissive of Native American cultures or values.”

The school district as a whole also has improvement work to do, according to the OCR.

The district will need to hire a staff member to focus on a positive school environment to help ensure it does not discriminate on discipline policies and procedures. The district will also need to revise its discipline policies by February 2025. These requirements and others are part of a voluntary agreement between the DOE OCR and the school district.

Swigart reported that “certain Native American tribes, such as the Lakota, Dakota, and Nakota Tribes, do not commonly value education and inform their students that they do not need to graduate,” the 28-page May 29 OCR letter to the school district said.

Swigart also used the phrase “Indian Time,”, the OCR letter said. “The Superintendent explained her meaning by stating that “Native Americans view time differently” than other community members so that for instance, “arriving two hours late” is common and results in being marked absent, the OCR letter said.

A member of the parent advisory council executive leadership team disagreed with Swigart’s premise of “Indian Time” and value of education.

“PAC executive leadership member stated in a 2023 listening session that Lakota values support a strong work ethic and that nothing in the Lakota culture supports students missing or being late to school,” the OCR letter said.

The school board’s Monday release cited Swigart’s “long-standing service with the District and specifically her dedication to supporting Native American students.” The board also said, “We are confident in Superintendent Swigart’s ability to lead this District and ensure that all students enjoy a positive, safe, and nondiscriminatory environment while at school.”

Swigart replaced Lori Simon who resigned as superintendent at the end of the 2021-2022 school year. Swigart was named the interim superintendent in 2022. She was approved as superintendent and chief executive officer in June of 2023. Swigart has more than 30 years of experience with the school district.

KELOLAND News has requested an interview with the school board president Troy Carr.



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