80th Legislative Session _ 2005

Committee: House Education
Tuesday, February 15, 2005

                                            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 FRIDAY, FEBRUARY 11TH, 2005

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

         HB 1251: create a school report card system.

MOTION:     TO TABLE HB 1251


Moved by:    Bradford
Second by:    Brunner
Action:    Prevailed by roll call vote.(13-0-2-0)

Voting Yes:    Bradford, Brunner, Buckingham, Elliott, Hills, Nelson, Novstrup, Roberts, Schafer, Van Norman, Weems, McLaughlin, Heineman

Excused:    Olson (Ryan), Wick

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

SEE MINUTES OF FRIDAY, FEBRUARY 11TH, 2005

MOTION:     DO PASS HB 1125

Moved by:    Elliott
Second by:    Van Norman
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1125 TO THE 41ST LEGISLATIVE DAY

Moved by:    Buckingham
Second by:    Brunner
Action:    Prevailed by roll call vote.(10-5-0-0)

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

Voting No:    Bradford, Elliott, Novstrup, Roberts, Van Norman

         HB 1149: allow for cross-border education contracts.

Presented by:    Representative Ed McLaughlin

SEE MINUTES OF TUESDAY, FEBRUARY 1ST, 2005

Rick Melmer, Department of Education, and Larry Nelson, Middle Sized Schools Organization answered some questions.

MOTION:     AMEND HB 1149

1149ca
     On page 2, line 22 of the printed bill, delete everything after " . " .

     On page 2 , delete lines 23 and 24 .

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

MOTION:     DO PASS HB 1149 AS AMENDED

Moved by:    Olson (Ryan)
Second by:    Weems
Action:    Prevailed by roll call vote.(14-0-1-0)

Voting Yes:    Bradford, Brunner, Buckingham, Elliott, Hills, Nelson, Novstrup, Olson (Ryan), Roberts, Van Norman, Weems, Wick, McLaughlin, Heineman

Excused:    Schafer

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

Presented by:    Representative Bill Thompson

SEE MINUTES OF FRIDAY, FEBRUARY 11TH, 2005

MOTION:     DO PASS HB 1231 AS AMENDED

Moved by:    Roberts
Second by:    Van Norman
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1231 TO THE 41ST LEGISLATIVE DAY

Moved by:    Buckingham
Second by:    Bradford
Action:    Was not acted on.

MOTION:     CALL THE QUESTION

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

MOTION:     SUBSTITUTE MOTION DEFER HB 1231 TO THE 41ST LEGISLATIVE DAY

Moved by:    Buckingham
Second by:    Bradford
Action:    Prevailed by roll call vote.(8-7-0-0)

Voting Yes:    Bradford, Brunner, Buckingham, Novstrup, Schafer, Weems, Wick, Heineman

Voting No:    Elliott, Hills, Nelson, Olson (Ryan), Roberts, Van Norman, McLaughlin

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

Opponents:    Jim Hutmacher, SD Coalition of Schools

SEE MINUTES OF THURSDAY, FEBRUARY 10TH, 2005

MOTION:     DO PASS HB 1073 AS AMENDED

Moved by:    Wick
Second by:    Brunner
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1073 TO THE 41ST LEGISLATIVE DAY

Moved by:    Roberts
Second by:    Elliott
Action:    Failed by roll call vote.(4-9-2-0)

Voting Yes:    Buckingham, Elliott, Nelson, Roberts

Voting No:    Brunner, Hills, Novstrup, Olson (Ryan), Schafer, Weems, Wick, McLaughlin, Heineman

Excused:    Bradford, Van Norman

MOTION:     DO PASS HB 1073 AS AMENDED

Moved by:    Wick
Second by:    Brunner
Action:    Prevailed by roll call vote.(10-3-2-0)

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

Voting No:    Elliott, Nelson, Roberts

Excused:    Bradford, Van Norman

MOTION:     TO AMEND TITLE OF HB 1073

1073cta
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "decrease the financial incentives for school districts that consolidate after July 1, 2008.".

     On page 1 , delete line 2 .

Moved by:    Weems
Second by:    Schafer
Action:    Prevailed by voice vote.

The gavel was turned over to Vice-Chair, McLaughlin

         HB 1241: create the Student Achievement Enhancement Grant Program and to make an appropriation therefor.

Presented by:    Representative Phyllis Heineman
Opponents:    Donna DeKraai, SDEA
        Charlie Flowers, SD Coalition of Schools
        Christie Johnson, School Administrators of SD

MOTION:     DO PASS HB 1241

Moved by:    Schafer
Second by:    Weems
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER TO APPROPRIATIONS



Moved by:    Roberts
Second by:    Nelson
Action:    Motion Withdrawn

MOTION:     DO PASS HB 1241

Moved by:    Schafer
Second by:    Weems
Action:    Prevailed by roll call vote.(11-2-2-0)

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

Voting No:    Elliott, Roberts

Excused:    Bradford, Van Norman

Gavel was returned to Chair Heineman

         HB 1170: require school districts to pay for certain distance learning courses taken by students.

Presented by:    Representative Mike Buckingham
Proponents:    Senator Ed Olson
        Dianna Miller, ESD + 6 (Handout #1)
        Rick Melmer, Department of Education
        Donna DeKraai, SDEA

MOTION:     AMEND HB 1170

1170cd
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. Terms in this Act mean:

             (1)    "Distance learning," the technology and educational process used to provide instruction when the student and primary instructor are not physically present at the same time or place;
             (2)    "Distance learning provider," a school or organization that provides distance learning courses.

     Section 2. No distance learning provider may provide courses through distance learning to any student in an accredited elementary or secondary school in this state unless the distance learning provider has a certificate issued by the secretary of the Department of Education authorizing the distance learning provider to provide the courses.

     Section 3. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 establishing the requirements and criteria that an applying entity must meet in order to be issued a distance learning provider's certificate by the secretary of the Department of Education authorizing the entity to provide courses through distance learning. The rules shall specify the duration and the method of renewal, the amount of the fee, not to exceed one hundred dollars, for issuing the certificate, the application procedures for certificates, the requirements for certification, and other procedures necessary for the administration of distance learning provider certification.

     Section 4. The board shall also promulgate rules pursuant to chapter 1-26 establishing priorities and eligibility for distance learning courses."


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

MOTION:     DO PASS HB 1170 AS AMENDED

Moved by:    Roberts
Second by:    Olson (Ryan)
Action:    Prevailed by roll call vote.(13-0-2-0)

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

Excused:    Bradford, Van Norman

MOTION:     TO AMEND TITLE OF HB 1170

1170ctc
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "provide for the certification of distance learning providers and to authorize the Board of Education to promulgate rules relating to distance learning courses.".
     On page 1 , delete line 2 .

Moved by:    Wick
Second by:    Weems
Action:    Prevailed by voice vote.

         HB 1140: revise the calculation of state aid to education.

SEE MINUTES OF THURSDAY, FEBRUARY 10th, 2005

MOTION:     AMEND HB 1140

1140ca
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. The calculation of state aid to education as defined in §  13-13-10.1 shall be amended as follows:

             (1)    Revise the index factor to more accurately reflect current economic conditions;
             (2)    Revise the definition of average daily membership to include a sparsity factor;
             (3)    Base state aid calculations on the data from the current school year rather than the previous school year;
             (4)    Set a minimum average daily membership that a school district must maintain in order to be eligible to receive state aid to education; and
             (5)    Distribute certain other revenues to school districts without regard to where the revenues were collected.

     The revisions to the formula outlined in this Act shall be implemented on a multi-year basis, and they may not result in a higher percentage of statewide local effort."

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

MOTION:     DO PASS HB 1140 AS AMENDED

Moved by:    Roberts

Second by:    Hills
Action:    Prevailed by roll call vote.(13-0-2-0)

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

Excused:    Bradford, Van Norman

MOTION:     ADJOURN

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

Lois Henry

____________________________

Committee Secretary
Phyllis M. Heineman, Chair

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