Committee: House Education

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Brunner
P    Buckingham
P    Elliott
P    Hills
P    Nelson
P    Novstrup
P    Olson (Ryan)
P    Roberts
P    Schafer
P    Van Norman
P    Weems
P    Wick
P    McLaughlin, Vice-Chair
P    Heineman, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Heineman

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 10^TH, 2005

Moved by:    Nelson
Second by:    Hills
Action:    Prevailed by voice vote.

         HB 1127: authorize the provision of special education and related services to certain alternative instruction students.

Presented by:    Representative Tom Hackl (Handout #1)

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Opponents:    Dick Tieszen, Associated School Boards of SD

See minutes of Tuesday, February 8^th, 2005 for further testimony

Rick Melmer, Department of Education answered some questions

MOTION:     AMEND HB 1127

1127cc

     On page 1, line 8 of the printed bill, delete everything after " . " and insert " However, no child with a disability who is receiving alternative instruction pursuant to § 13-27-3 has an individual right to receive any of the special education or special education and related services that the child would receive if enrolled in a public school. Upon request, a school board may allow a resident child in need of special education or special education and related services who is being provided with alternative instruction pursuant to § 13-27-3 to also enroll in a public school within the district to receive special education or special education and related services. If a school board denies such a request, the denying school board shall provide the parents or legal guardian of the child and the secretary of the Department of Education with the reasons for the denial in writing. The secretary may reverse the decision of the denying school board and require the school board to allow the resident child to enroll without recourse of appeal. A parent or legal guardian is not afforded the due process protections in ARSD Article 24:05 when special education or special education and related services by the public school are denied for a child receiving alternative instruction. ".

     On page 1 , delete lines 9 to 12 , inclusive.

Moved by:    Buckingham
Second by:    Brunner
Action:    Prevailed by roll call vote.(9-5-1-0)

Voting Yes:    Brunner, Buckingham, Hills, Novstrup, Olson (Ryan), Schafer, Weems, Wick, Heineman

Voting No:    Bradford, Elliott, Nelson, Roberts, McLaughlin

Excused:    Van Norman

MOTION:     DO PASS HB 1127 AS AMENDED

Moved by:    Buckingham
Second by:    Novstrup
Action:    Prevailed by roll call vote.(9-5-1-0)

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Voting Yes:    Brunner, Buckingham, Hills, Novstrup, Olson (Ryan), Schafer, Weems, Wick, Heineman

Voting No:    Bradford, Elliott, Nelson, Roberts, McLaughlin

Excused:    Van Norman

         HB 1073: phase out the financial incentives for consolidated school districts.

The Chair deferred HB 1073 until Tuesday, February 15^th, 2005.

         HB 1231: increase the length of time for which nationally certified teachers receive stipends.

Presented by:    Representative Bill Thompson
Proponents:    Cynthia Nelson, self, Sioux Falls
        Barbara Desnoyers, self, Clark
        Robert Whitehead, South Dakota Education Association (Handout #2)
Opponents:    Dianna Miller, ESD + 6

MOTION:     AMEND HB 1231

1231ca

     On page 1, line 13 of the printed bill, remove the overstrikes from " five " .

     On page 1 , line 13, delete " ten " .

     On page 2 , after line 2, insert:
"    

     Once the first five years is complete, the school district that employs the teacher may opt to continue the payments during the period of the next five years. If, during that period, the school district pays the teacher one thousand dollars per year, the Department of Education shall also pay the teacher one thousand dollars per year. However, the department is not required to pay a teacher its share of the stipend authorized by this section during years six to ten unless the school district employing the teacher opts to pay its share of the stipend.".

Moved by:    Olson (Ryan)
Second by:    Weems
Action:    Prevailed by voice vote.

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The Chair deferred HB 1231 until Tuesday, February 15^th, 2005.

         HB 1125: reimburse and reward public school counselors who obtain national certification.

Presented by:    Representative Cooper Garnos (Handout #3)
Proponents:    Jill Stephenson, self, Aberdeen (Handout #4)
Opponents:    Cynthia Nelson, self, Sioux Falls
        Wade Pogany, Department of Education
        Jim Hood, Middle Sized School Organization

The Chair deferred HB 1125 until Tuesday, February 15^th, 2005.

MOTION:     ADJOURN

Moved by:    Buckingham
Second by:    Brunner
Action:    Prevailed by voice vote.

Lois Henry

Committee Secretary

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