81st Legislative Session _ 2006

Committee: House Education
Tuesday, February 07, 2006

                                            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 3, 2006

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

         HB 1079: define an enrolled student.

Presented by:    Representative Joel Dykstra

See testimony of Tuesday, January 31, 2006.

MOTION:     AMEND HB 1079

1079ca
     On page 1, line 6 of the printed bill, after " July " insert "or the student is twenty-one years of age or older and is admitted to the school district pursuant to § 13-28-8".

     On page 1 , line 10, after " minor " insert "or an adult admitted to the district pursuant to § 13-28- 8".

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

MOTION:     DO PASS HB 1079 AS AMENDED

Moved by:    Hills
Second by:    Weems
Action:    Prevailed by roll call vote.(15-0-0-0)

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

MOTION:     PLACE HB 1079 ON CONSENT CALENDAR

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

The gavel was turned over to Vice-Chair, McLaughlin.

         HB 1222: require regental institutions to annually report to the Legislature regarding intellectual diversity.

Presented by:    Representative Phyllis Heineman (Handout #1)
Proponents:    Anne Neal, self, Washington, DC
        Representative Donna Schafer read a letter from Pastor Jeff Hayes, self, Sioux Falls
        Drake Olson, self, via phone
Opponents:    Tad Perry, SD Board of Regents
        Ron Utecht, self, Volga

        Mary Foster, self, Spearfish
        Anne Plooster, SDEA
        Jennifer Ring, ACLU of The Dakotas
        Joe Kral Jr., self, Sioux Falls
        Micah Peters, self, Rapid City

MOTION:     DO PASS HB 1222

Moved by:    Olson (Ryan)
Second by:    Weems
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1222

1222ca
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That chapter 13-49 be amended by adding thereto a NEW SECTION to read as follows:

     The Board of Regents shall require each institution under its control to report the steps that the institution is taking to implement the board's policy on academic freedom and responsibility. Upon approval by the Board of Regents, the institutional reports shall be posted on the institutional web sites, and the Board of Regents shall submit copies of approved reports to the Legislature. Specifically, each report shall include information on the following provision: To secure student freedom in learning, faculty members in the classroom and in seminar should encourage free and orderly discussion, inquiry, and expression of the course subject matter. Student performance may be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards:

             (1)    Students should be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled;
             (2)    Each institution shall establish an academic appeals procedure to permit review of student allegations that an academic evaluation was tainted by prejudiced or capricious consideration of student opinions or conduct unrelated to academic standards. These procedures shall prohibit retaliation against persons who initiate appeals or who participate in the review of appeals;
             (3)    Students are responsible for maintaining standards of academic performance established for each course in which they are enrolled."

Moved by:    Roberts
Second by:    Hills
Action:    Failed by roll call vote.(5-10-0-0)

Voting Yes:    Elliott, Hills, Roberts, Van Norman, McLaughlin

Voting No:    Bradford, Brunner, Buckingham, Nelson, Novstrup, Olson (Ryan), Schafer, Weems, Wick, Heineman

MOTION:     DO PASS HB 1222

Moved by:    Olson (Ryan)
Second by:    Weems
Action:    Prevailed by roll call vote.(10-5-0-0)

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

Voting No:    Elliott, Hills, Roberts, Van Norman, McLaughlin

The gavel was turned back to Chair, Heineman.

         HB 1234: require all children to attend kindergarten and to establish a minimum length of time for kindergarten programs.

Presented by:    Deb Barnett, Department of Education (Handout #2)

MOTION:     AMEND HB 1234

1234ca
     On page 1, line 6 of the printed bill, delete " seven " and insert " six ".

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

MOTION:     DO PASS HB 1234 AS AMENDED

Moved by:    Roberts
Second by:    Nelson
Action:    Prevailed by roll call vote.(11-4-0-0)


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

Voting No:    Brunner, Novstrup, Van Norman, Weems

         HB 1236: create the South Dakota Virtual High School.

Presented by:    Melody Schopp, Department of Education (Handout # 3 & 4)

MOTION:     DO PASS HB 1236

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

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

Excused:    Buckingham

         HB 1166: revise the index factor in the state aid to education formula.

The Chair deferred HB 1166 until Thursday, February 9, 2006.

         HB 1175: increase the school term and to compensate school districts for the increase.

The Chair deferred HB 1175 until Thursday, February 9, 2006.

MOTION:     ADJOURN

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

Lois Henry
____________________________

Committee Secretary
Phyllis M .Heineman, Chair

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