80
th Legislative Session _ 2005
Committee: Senate Education
Thursday, February 24, 2005
P - Present
E - Excused
A - Absent
Roll Call
P Duenwald
P Knudson
P Kooistra
P Nesselhuf
P Peterson (Jim)
P Bogue, Vice-Chair
P Olson (Ed), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Ed Olson, Chair
MOTION:
TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 22, 2005
Moved by: Kooistra
Second by: Duenwald
Action: Prevailed by voice vote.
MOTION:
RECONSIDER HB 1093
Moved by: Knudson
Second by: Kooistra
Action: Prevailed by roll call vote.(4-2-1-0)
Voting Yes: Duenwald, Knudson, Kooistra, Olson (Ed)
Voting No: Nesselhuf, Peterson (Jim)
Excused: Bogue
HB 1093: allow certain nonpublic school students to participate in interscholastic
activities at other nonpublic schools.
MOTION:
DO NOT PASS HB 1093 AS AMENDED
Moved by: Nesselhuf
Second by: Bogue
Action: Prevailed by roll call vote.(4-3-0-0)
Voting Yes: Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)
Voting No: Duenwald, Knudson, Kooistra
HB 1149: allow for cross-border education contracts.
Presented by: Representative H. Paul Dennert
Proponents: Danni Beer, self, Keldron
Dean Christensen, Deuel School
Lani K. Schultz, self, Ralph (Document #1)
Rick Herbel, Supt. Lemmon School District
Paige Fenton Hughes, Harding County Schools
Heidi Miller, self, Ludlow
Nola Harvey, self, Ralph
Barb Clark, self, Meadow
MOTION:
AMEND HB 1149
1149cc
On the House Education Committee engrossed bill, delete everything after the enacting clause
and insert:
"
Section 1. The secretary of the Department of Education may enter into agreements with the
appropriate parties from the state of North Dakota to establish an enrollment options program
between South Dakota and North Dakota.
Section 2. Any agreement entered into pursuant to this Act shall specify the following:
(1) For students who are not residents of South Dakota, the enrollment options program
applies only to a student whose resident school district borders South Dakota;
(2) If North Dakota sends more students to South Dakota than South Dakota sends to North
Dakota, North Dakota will pay South Dakota an amount agreed upon for the excess
number of students sent to South Dakota;
(3) If South Dakota sends more students to North Dakota than North Dakota sends to South
Dakota, South Dakota will pay North Dakota an amount agreed upon for the excess
number of students sent to North Dakota.
Section 3. Any agreement entered into pursuant to this Act shall specify the application
procedures for the enrollment options program between South Dakota and North Dakota.
Section 4. Any agreement entered into pursuant to this Act shall specify the reasons for which
an application for the enrollment options program between South Dakota and North Dakota may be
denied.
Section 5. Any agreement entered into pursuant to this Act shall specify that a South Dakota
school district is not responsible for transportation for any resident student attending school in North
Dakota under the provisions of this Act. However, a South Dakota school district may, at its
discretion, provide transportation services for such a student.
Section 6. Any agreement entered into pursuant to this Act may specify additional terms relating
to any student in need of special education or special education and related services pursuant to
chapter 13-37.
Section 7. For the purposes of state aid to education distributed pursuant to chapter 13-13, any
student sent to South Dakota from North Dakota is included in the receiving school district's average
daily membership.
Section 8. For the purposes of state aid to education distributed pursuant to chapter 13-13, any
student sent to North Dakota from South Dakota may not be included in the resident school district's
average daily membership.
Section 9. Any student whose resident school district does not receive state aid to education
under the provisions of chapter 13-13 or 13-37 may not attend school in North Dakota unless the
student's resident school district pays the State of South Dakota an amount equal to the per student
allocation as defined in chapter 13-13 or 13-37 for each student sent to North Dakota.
Section 10. The Department of Education may promulgate rules pursuant to chapter 1-26 to
establish procedures relating to the application process and the collection or payment of funds under
the provisions of any agreement established pursuant to this Act.
Moved by: Knudson
Second by: Duenwald
Action: Prevailed by voice vote.
MOTION:
AMEND THE AMENDMENT
1149cb
On the previously adopted amendment (1149cc), after Section 10, insert:
"
Section 11. For fiscal years 2006, 2007, and 2008, any school district contiguous to the North
Dakota border that receives less revenue under the terms of this Act than it would have otherwise
received is entitled to a payment from the Department of Education to compensate for the difference.
For fiscal year 2006, the payment shall equal seventy-five percent of the difference; for fiscal year
2007, the payment shall equal fifty percent of the difference; and for fiscal year 2008, the payment
shall equal twenty-five percent of the difference.".
Moved by: Bogue
Second by: Duenwald
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1149 AS AMENDED
Moved by: Bogue
Second by: Duenwald
Action: Prevailed by roll call vote.(6-1-0-0)
Voting Yes: Duenwald, Knudson, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)
Voting No: Kooistra
MOTION:
TO AMEND TITLE OF HB 1149
1149cta
On page
1,
line 1 of the House Education Committee engrossed bill,
delete everything after "
Act
to
"
and insert "allow the Department of Education to enter into certain enrollment agreements with
the State of North Dakota and to compensate certain school districts for lost revenue due to the
agreements.".
Moved by: Bogue
Second by: Knudson
Action: Prevailed by voice vote.
HB 1073: decrease the financial incentives for school districts that consolidate after
July 1, 2008.
Presented by: Representative Joel Dykstra
Opponents: Jim Hutmacher, SD Coalition of Schools
Hank Kosters, Associated School Boards of South Dakota (Document #2)
Dean Christensen, Deuel School
Rick Melmer, Department of Education
MOTION:
DEFER HB 1073 TO THE 41
ST LEGISLATIVE DAY
Moved by: Knudson
Second by: Nesselhuf
Action: Prevailed by roll call vote.(5-2-0-0)
Voting Yes: Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue
Voting No: Duenwald, Olson (Ed)
HB 1140: revise the calculation of state aid to education.
Presented by: Representative Phyllis Heineman
Opponents: Dianna Miller, ESD + 6
MOTION:
AMEND HB 1140
1140cb
On page
1 of the House engrossed bill,
delete line
6
, and insert:
"
(2) Revise the calculation of adjusted average daily membership to include components of
sparsity and distance education;".
On page
1
,
line 9,
after "
that a
"
insert "high".
On page
1
,
line 9,
delete "
district
"
.
On page
1
,
line 10,
after "
education
"
insert "taking into consideration the distance between high
schools".
On page
1
,
line 10,
delete "
and
"
.
On page
1
,
delete lines
11 and 12
, and insert:
"
(5) Equalize other revenue through their inclusion in the state aid to education foundation
program;".
On page
1
,
between lines 12 and 13, insert:
"
(6) Create a school report card with district information including both academic measures
and current and projected financial conditions.".
Moved by: Knudson
Second by: Duenwald
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1140 AS AMENDED
Moved by: Knudson
Second by: Duenwald
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1140 TO THE 41ST LEGISLATIVE DAY
Moved by: Kooistra
Second by: Nesselhuf
Action: Failed by roll call vote.(3-3-1-0)
Voting Yes: Kooistra, Nesselhuf, Peterson (Jim)
Voting No: Duenwald, Knudson, Olson (Ed)
Excused: Bogue
MOTION:
DO PASS HB 1140 AS AMENDED
Moved by: Knudson
Second by: Duenwald
Action: Prevailed by roll call vote.(4-3-0-0)
Voting Yes: Duenwald, Knudson, Bogue, Olson (Ed)
Voting No: Kooistra, Nesselhuf, Peterson (Jim)
MOTION:
TO AMEND TITLE OF HB 1140
1140cta
On page
1,
line 1 of the House engrossed bill,
after "
education
"
insert "and report".
Moved by: Knudson
Second by: Kooistra
Action: Prevailed by voice vote.
HB 1170: provide for the endorsement of distance learning instructors and to
authorize the Board of Education to promulgate rules relating to distance learning
courses.
Presented by: Representative Mike Buckingham
Proponents: Dianna Miller, Dakota Interactive Academic Link
Donna DeKraai, SDEA
Melody Schopp, Department of Education
MOTION:
AMEND HB 1170
1170cf
On page
1,
line 8 of the House engrossed bill,
delete "
instructor
"
and insert "provider".
On page
1
,
line 10,
delete "
instructor
"
and insert "provider".
On page
1
,
line 10,
delete "
an endorsement
"
and insert "a certificate".
On page
1
,
line 11,
delete "
instructor
"
and insert "provider".
On page
1
,
line 13,
after "
1-26
"
insert "defining a distance learning provider, and".
On page
1
,
line 13,
delete "
instructor
"
and insert "provider".
On page
1
,
line 14,
delete "
endorsement
"
and insert "certificate".
On page
1
,
line 14,
after "
Education
"
insert ".".
On page
1
,
line 15,
delete "
authorizing the instructor to provide courses through distance
learning.
"
.
On page
2
,
line 2,
after "
issuing
"
delete "
the endorsement
"
and insert "a certificate".
On page
2
,
line 2,
after "
for
"
delete "
the endorsement
"
and insert "a certificate".
On page
2
,
line 3,
delete "
endorsement
"
and insert "certification".
On page
2
,
line 3,
after "
of
"
delete "
the
"
.
On page
2
,
line 4,
delete "
endorsement program
"
and insert "certification".
Moved by: Knudson
Second by: Nesselhuf
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1170 AS AMENDED
Moved by: Nesselhuf
Second by: Knudson
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)
MOTION:
TO AMEND TITLE OF HB 1170
1170cta
On page
1,
line 1 of the House engrossed bill,
after "
An Act to
"
insert "provide for the
certification of distance learning providers and to".
Moved by: Duenwald
Second by: Knudson
Action: Prevailed by voice vote.
HB 1067: revise the property tax levies for the general fund of a school district.
Presented by: Stacy Krusemark, Department of Education
MOTION:
AMEND HB 1067
1067ca
On page
1,
line 7 of the printed bill,
overstrike "
eleven
"
and insert "
ten
".
On page
1
,
line 7,
delete "
forty-four
"
and insert "
ninety
".
On page
1
,
line 13,
delete "
thirty-one
"
and insert "
sixteen
".
On page
2
,
line 2,
delete "
thirty-
"
and insert "
nine
".
On page
2
,
line 3,
delete "
three
"
.
On page
2
,
line 8,
delete "
thirty-one
"
and insert "
sixteen
".
On page
2
,
after line 19, insert:
"
Section 2. That
§
13-37-35.1
be amended to read as follows:
13-37-35.1.
Terms used in chapter 13-37 mean:
(1)
"Level one disability," a mild disability;
(2)
"Level two disability," a mental retardation or emotional disorder;
(3)
"Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness,
orthopedic impairment, or traumatic brain injury;
(4)
"Level four disability," autism;
(5)
"Level five disability," multiple disabilities;
(5A)
"Level six disability," prolonged assistance;
(6)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of the
United States Department of Labor for the year before the year immediately preceding the
year of adjustment or three percent, whichever is less;
(7)
"Local effort," is the amount of taxes payable each year, using a levy for the special
education fund of a school district of one dollar and twenty-five cents per thousand dollars
of taxable valuation;
(8)
"Allocation for a student with a level one disability," for the school fiscal year beginning
July 1, 2004, is $3,533.13. For each school year thereafter, the allocation for a student
with a level one disability shall be the previous fiscal year's allocation for such child
increased by the lesser of the index factor or three percent;
(9)
"Allocation for a student with a level two disability," for the school fiscal year beginning
July 1, 2004, is $8,277.21. For each school year thereafter, the allocation for a student
with a level two disability shall be the previous fiscal year's allocation for such child
increased by the lesser of the index factor or three percent;
(10)
"Allocation for a student with a level three disability," for the school fiscal year beginning
July 1, 2004, is $12,580.73. For each school year thereafter, the allocation for a student
with a level three disability shall be the previous fiscal year's allocation for such child
increased by the lesser of the index factor or three percent;
(11)
"Allocation for a student with a level four disability," for the school fiscal year beginning
July 1, 2004, is $12,001.80. For each school year thereafter, the allocation for a student
with a level four disability shall be the previous fiscal year's allocation for such child
increased by the lesser of the index factor or three percent;
(12)
"Allocation for a student with a level five disability," for the school fiscal year beginning
July 1, 2004, is $15,882.21. For each school year thereafter, the allocation for a student
with a level five disability shall be the previous fiscal year's allocation for such child
increased by the lesser of the index factor or three percent;
(12A)
"Allocation for a student with a level six disability," for the school fiscal year beginning
July 2004, is $8,122.23. For each school year thereafter, the allocation for a student with
a level six disability shall be the previous fiscal year's allocation for such child increased
by the lesser of the index factor or three percent;
(13)
"Child count," is the number of students in need of special education or special education
and related services according to criteria set forth in rules promulgated pursuant to §§ 13-
37-1.1 and 13-37-46 submitted to the Department of Education in accordance with rules
promulgated pursuant to § 13-37-1.1;
(14)
"Average daily membership," the average number of kindergarten through twelfth grade
pupils enrolled in all schools operated by the school district during the previous regular
school year plus the average number of pupils for whom the district pays tuition;
(15)
"Nonpublic school," a sectarian organization or entity which is accredited by the secretary
of education for the purpose of instructing children of compulsory school age. This
definition excludes any school that receives a majority of its revenues from public funds;
(16)
"Nonpublic average daily membership," the average number of children under age sixteen
who are approved for alternative instruction pursuant to § 13-27-2 during the previous
school year plus:
(a)
For nonpublic schools located within the boundaries of a public school district with
an average daily membership of six hundred or more during the previous school
year, the average number of kindergarten through twelfth grade pupils enrolled
during the previous regular school year in all nonpublic schools located within the
boundaries of the public school district;
(b)
For nonpublic schools located within the boundaries of a public school district with
an average daily membership of less than six hundred during the previous school
year, the average number of resident kindergarten through twelfth grade pupils
enrolled during the previous school year in all nonpublic schools located within the
State of South Dakota;
(17)
"Special education average daily membership," average daily membership plus nonpublic
average daily membership;
(18)
"Local need," an amount to be determined as follows:
(a)
Multiply the special education average daily membership by 0.1013 and multiply
the result by the allocation for a student with a level one disability;
(b)
Multiply the number of students having a level two disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level two disability;
(c)
Multiply the number of students having a level three disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level three disability;
(d)
Multiply the number of students having a level four disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level four disability;
(e)
Multiply the number of students having a level five disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level five disability;
(f)
Multiply the number of students having a level six disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level six disability;
(g)
Sum the results of (a) through (f);
(19)
"Effort factor," the school district's special education tax levy in dollars per thousand
divided by
$1.25
$1.20
. The maximum effort factor is 1.0.
".
Moved by: Knudson
Second by: Bogue
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1067 AS AMENDED
Moved by: Bogue
Second by: Knudson
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)
MOTION:
TO AMEND TITLE OF HB 1067
1067cta
On page
1,
line 1 of the printed bill,
after "
fund
"
insert "and the special education tax levy".
Moved by: Knudson
Second by: Duenwald
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: Nesselhuf
Second by: Kooistra
Action: Prevailed by voice vote.
Nancy Benson
____________________________
Committee Secretary
Ed Olson, Chair
../02240745.SED
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