81st Legislative Session _ 2006

Committee: House Education
Thursday, February 09, 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 TUESDAY, FEBRUARY 7, 2006

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

MOTION:     RECONSIDER HB 1176

Moved by:    McLaughlin
Second by:    Schafer

Action:    Prevailed by roll call vote.(10-0-5-0)

Voting Yes:    Bradford, Brunner, Buckingham, Elliott, Hills, Nelson, Roberts, Schafer, McLaughlin, Heineman

Excused:    Novstrup, Olson (Ryan), Van Norman, Weems, Wick

MOTION:     AMEND HB 1176

1176ca
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

     The secretary of the Department of Education may enter into agreements with the appropriate parties from the state of Minnesota to establish an enrollment options program between South Dakota and Minnesota

     Section 2. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

     Any agreement entered into pursuant to this chapter 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 Minnesota sends more students to South Dakota than South Dakota sends to Minnesota, Minnesota 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 Minnesota than Minnesota sends to South Dakota, South Dakota will pay Minnesota an amount agreed upon for the excess number of students sent to Minnesota.

     Section 3. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

     Any agreement entered into pursuant to this chapter shall specify the application procedures for the enrollment options program between South Dakota and Minnesota.
     Section 4. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

     Any agreement entered into pursuant to this chapter shall specify the reasons for which an application for the enrollment options program between South Dakota and Minnesota may be denied.

     Section 5. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

     Any agreement entered into pursuant to this chapter shall specify that a South Dakota school district is not responsible for transportation for any resident student attending school in Minnesota under the provisions of this chapter. However, a South Dakota school district may, at its discretion, provide transportation services for such a student.

     Section 6. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

     Any agreement entered into pursuant to this chapter 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. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of state aid to education distributed pursuant to chapter 13-13, any student sent to South Dakota from Minnesota is included in the receiving school district's average daily membership.

     Section 8. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of state aid to education distributed pursuant to chapter 13-13, any student sent to Minnesota from South Dakota may not be included in the resident school district's average daily membership.

     Section 9. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

     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 Minnesota 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 Minnesota.".

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

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

Presented by:    Representative Ed McLaughlin (Handout #1)
Opponents:    Tamara Darnall, Bureau of Finance and Management

MOTION:     AMEND HB 1175

1175zb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. There is hereby appropriated from the state general fund the sum of two million eight hundred four thousand four hundred eighty-five dollars ($ 2,804,485 ), or so much thereof as may be necessary, to the Department of Education for distribution on an average daily membership basis for education enrichment outside the state aid to general education foundation formula in chapter 13-13. Local education agencies may use the funds received pursuant to this Act at their discretion.

     Section 2. No moneys appropriated in this Act may be construed as an entitlement or continuing state obligation for education funding.

     Section 3. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2007, shall revert in accordance with §   4-8-21."


Moved by:    Schafer
Second by:    Van Norman
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1175 AS AMENDED

Moved by:    Brunner
Second by:    Buckingham
Action:    Prevailed by roll call vote.(13-1-1-0)


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

Voting No:    Wick

Excused:    Novstrup

MOTION:     TO AMEND TITLE OF HB 1175

1175ztb
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "appropriate money for nonrecurring education enrichment.".

     On page 1 , delete line 2 .

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

         HB 1223: create an innovative grant program to enhance student completion of the advanced and distinguished high school programs.

Presented by:    Representative Phyllis Heineman

MOTION:     AMEND HB 1223

1223ca
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That chapter 94 of the 2005 Session Laws be amended to read as follows:

    
    Section 4. The Department of Education shall provide an interim report to the Legislature no later than December 1, 2005. The interim report shall include preliminary findings regarding sparse schools, and a final report shall follow no later than December 1, 2006 , including proposed legislation which addresses each of the factors enumerated in section 2, shall be submitted to the Executive Board of the Legislative Research Council no later than November 15, 2006 ."

Moved by:    Weems
Second by:    Hills

Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1223 AS AMENDED

Moved by:    Schafer
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:     TO AMEND TITLE OF HB 1223

1223cta
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "require the Department of Education to include proposed legislation in the final report of the study of school funding, and to revise the deadline for submission of the report.".

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

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

Presented by:    Representative Thomas Hennies

MOTION:     DEFER HB 1166 TO THE 36TH LEGISLATIVE DAY

Moved by:    Brunner
Second by:    Schafer
Action:    Prevailed by roll call vote.(9-4-2-0)

Voting Yes:    Brunner, Buckingham, Hills, Nelson, Novstrup, Schafer, Weems, McLaughlin, Heineman

Voting No:    Bradford, Elliott, Roberts, Van Norman

Excused:    Olson (Ryan), Wick

The gavel was turned over to Vice-Chair McLaughlin.

         HB 1221: enhance math, science, and technology education.

Presented by:    Representative Phyllis Heineman (Handout #2)
Opponents:    Dianna Miller, ESD + 6

MOTION:     AMEND HB 1221

1221cb
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. There is hereby established within the Department of Education a statewide mathematics initiative to significantly enhance the mathematics achievement of students in kindergarten through twelfth grade. The initiative shall include the following elements:

            
             (1)    A professional development program and the use of math specialists to improve math instruction at the elementary level;
             (2)    Opportunities for middle school and high school mathematics teachers to develop research-based instructional activities within a technology-based environment;
             (3)    Remedial academies held during the summer months to enable middle school students to be prepared for high school mathematics requirements;
             (4)    Opportunities for high school students who need remediation in mathematics before entering higher education; and
             (5)    Gifted institutes held during the summer for those students with special aptitudes and interest in math, science, and engineering.

     Section 2. There is hereby appropriated from any money appropriated for state aid to general education that is not expended or legally obligated the sum of one dollar ($1), or so much thereof as may be necessary, to the Department of Education to fund the statewide mathematics initiative created in this Act.

     Section 3. The secretary of the Department of Education shall approve vouchers and the state treasurer shall draw warrants to pay expenditures authorized by this Act.

     Section 4. Any amounts appropriated in this Act not lawfully expended shall revert in accordance with § 4-8-21."


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

MOTION:     DO PASS HB 1221 AS AMENDED

Moved by:    Brunner
Second by:    Hills
Action:    Prevailed by roll call vote.(14-1-0-0)

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

Voting No:    Roberts

MOTION:     TO AMEND TITLE OF HB 1221

1221ctb
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "create a statewide mathematics initiative and to make an appropriation therefor.".

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

Turn gavel back to Chair Heineman.

         HB 1176: prohibit certain school districts that operate small high schools from receiving state aid to education.

Presented by:    Representative Joel Dykstra
Proponents:    Rick Melmer, Department of Education

MOTION:     DO PASS HB 1176 AS AMENDED

Moved by:    Buckingham
Second by:    Nelson
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:     TO AMEND TITLE OF HB 1176

1176cta
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "allow the Department of Education to enter into certain enrollment agreements with the state of Minnesota.".

     On page 1 , delete line 2 .

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

MOTION:     PLACE HB 1176 ON CONSENT CALENDAR

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

         HB 1235: increase the compulsory attendance age for school attendance.

Presented by:    Wade Pogany, Department of Education (Handout #3)
Proponents:    Christie Johnson, School Administrators of SD
        Tim Reisch, Department of Corrections
        Susan Randall, SD Voices For Children

MOTION:     DO PASS HB 1235

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

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

Voting No:    Brunner, Van Norman

MOTION:     ADJOURN

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


Lois Henry

____________________________

Committee Secretary
Phyllis M Heineman, Chair

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