81st Legislative Session _ 2006

Committee: Senate Education
Thursday, February 16, 2006

                                            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 Eric Bogue, Vice-Chair.

Senator Bogue announced HB 1090 had been reassigned to the Appropriations Committee on February 15, 2006.

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 14, 2006

Moved by:    Duenwald
Second by:    Kooistra
Action:    Prevailed by voice vote.

         HB 1217: provide for the clarification of sexual abstinence instruction.

MOTION:     RECONSIDER HB 1217

Moved by:    Knudson
Second by:    Duenwald
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue

Excused:    Olson (Ed)

MOTION:     DO NOT PASS HB 1217

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue

Excused:    Olson (Ed)

         HB 1182: allow school districts to expend from the capital outlay fund for some of their mileage reimbursement costs.

Presented by:    Representative Gary Jerke (Document 1)

Comments: Henry Kosters, Associated School Boards of South Dakota     

MOTION:     DO PASS HB 1182

Moved by:    Knudson
Second by:    Duenwald
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue

Excused:    Olson (Ed)

         HB 1175: appropriate money for nonrecurring education enrichment.

Presented by:    Representative Ed McLaughlin
Opponents:    Tamara Darnall, Bureau of Finance and Management

MOTION:     REFER TO Appropriations

Moved by:    Nesselhuf
Second by:    Kooistra
Action:    Prevailed by roll call vote.(6-0-1-0)
Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue

Excused:    Olson (Ed)

         HB 1176: allow the Department of Education to enter into certain enrollment agreements with the state of Minnesota.

Presented by:    Representative Ed McLaughlin
Opponents:    Dale Bertsch, Governor's Office
        Rick Melmer, Department of Education
        Dianna Miller, ESD + 6

MOTION:     AMEND HB 1176

1176fa
     On page 3, after line 18 of the House Education Committee engrossed bill, insert:

"
     Section 10. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

     Other than funding provided through chapters 13-13 and 13-37, no South Dakota school district is entitled to any compensation for any student attending a South Dakota school district under the provisions of this chapter.

     Section 11. That § 13-28A-11 be repealed.

     13-28A-11.   For fiscal years 2006, 2007, and 2008, any school district contiguous to the North Dakota border that receives students from North Dakota and that receives less revenue under the terms of this chapter 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. For fiscal years 2006, 2007, and 2008 the department shall calculate the affected district's difference in state aid general foundation support after determining any change in state aid funding to the district that is attributable to the graduating seniors. ".


Moved by:    Duenwald
Second by:    Knudson
Action:    Prevailed by voice vote.

MOTION:     DELETE AMENDMENT 1176fa

Moved by:    Nesselhuf
Second by:    Duenwald
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1176

1176ha
     On page 3, after line 18 of the House Education Committee engrossed bill, insert:

"

     Section 10. For fiscal years 2007, 2008, and 2009, any school district contiguous to the Minnesota border that receives students from Minnesota and 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 2007, the payment shall equal seventy- five percent of the difference; for fiscal year 2008, the payment shall equal fifty percent of the difference; and for fiscal year 2009, the payment shall equal twenty-five percent of the difference. For fiscal years 2007, 2008, and 2009, the department shall calculate the affected district's difference in state aid general foundation support after determining any change in state aid funding to the district that is attributable to the graduating seniors.

     Section 11. There is hereby appropriated from the state general fund the sum of one hundred forty thousand dollars ($ 140,000 ), or so much thereof as may be necessary, to the Department of Education for compensatory payments to South Dakota school districts contiguous with Minnesota entitled to relief pursuant to §  13-28A-11.

     Section 12. 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 13. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2009, shall revert in accordance with §   4-8-21.".


Moved by:    Peterson (Jim)
Second by:    Duenwald
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1176 AS AMENDED

Moved by:    Peterson (Jim)
Second by:    Nesselhuf

Action:    Withdrawn.

MOTION:     REFER TO Appropriations AS AMENDED

Moved by:    Peterson (Jim)
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(5-1-1-0)

Voting Yes:    Duenwald, Knudson, Nesselhuf, Peterson (Jim), Bogue

Voting No:    Kooistra

Excused:    Olson (Ed)

MOTION:     TO AMEND TITLE OF HB 1176

1176hta
     On page 1, line 2 of the House Education Committee engrossed bill, after " Minnesota " insert "and make an appropriation therefor".

Moved by:    Knudson
Second by:    Duenwald
Action:    Prevailed by voice vote.

         HB 1221: create a statewide mathematics initiative and to make an appropriation therefor.

Presented by:    Senator Orville Smidt
Proponents:    Representative Phyllis Heineman

MOTION:     REFER TO Appropriations

Moved by:    Knudson
Second by:    Duenwald
Action:    Prevailed by roll call vote.(4-2-1-0)

Voting Yes:    Duenwald, Knudson, Peterson (Jim), Bogue

Voting No:    Kooistra, Nesselhuf

Excused:    Olson (Ed)

         HB 1223: 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.

Presented by:    Representative Phyllis Heineman (Document 3)

Comments:    Rick Melmer, Department of Education

Gavel passed to Senator Dave Knudson.

MOTION:     AMEND HB 1223

1223cb
     On page 1, line 11 of the House Education Committee engrossed bill, delete " Executive Board of the Legislative Research Council " and insert " Governor ".

     On page 1 , delete line 12 , and insert " December 1, 2006, and copies of the report shall be provided to the Legislature. ".

Moved by:    Bogue
Second by:    Duenwald
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1223 AS AMENDED

Moved by:    Kooistra
Second by:    Duenwald
Action:    Prevailed by roll call vote.(4-2-1-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Bogue

Voting No:    Nesselhuf, Peterson (Jim)

Excused:    Olson (Ed)

MOTION:     TO AMEND TITLE OF HB 1223

1223ctb
     On page 1, line 2 of the House Education Committee engrossed bill, delete " revise the deadline for " and insert "submit it to the Governor.".
     On page 1 , delete line 3 .

Moved by:    Knudson
Second by:    Duenwald
Action:    Prevailed by voice vote.

Gavel passed to Senator Eric Bogue, Vice-Chair.

         HB 1236: create the South Dakota Virtual High School.

Presented by:    Melody Schopp, Department of Education (Document 4)

MOTION:     AMEND HB 1236

1236sa
     On page 2, line 10 of the House engrossed bill, after " school. " insert "The fees or rates for participation in the virtual high school shall be reasonable and necessary to meet the budgetary needs of the virtual high school advisory council for such things as: review of course credits and offerings; network access; payment for course materials and instructors; testing; and the fee or rate for an individual course or offering may not exceed the cost of providing the course or offering.".

Moved by:    Knudson
Second by:    Kooistra
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1236 AS AMENDED

Moved by:    Knudson
Second by:    Duenwald
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Peterson (Jim), Bogue

Excused:    Nesselhuf, Olson (Ed)

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

Presented by:    Wade Pogany, Department of Education
Proponents:    Susan Randall, SD Voices For Children
Opponents:    Mark DeVries, Alternative Instruction Association

MOTION:     DO PASS HB 1235

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(4-2-1-0)

Voting Yes:    Duenwald, Knudson, Nesselhuf, Bogue

Voting No:    Kooistra, Peterson (Jim)

Excused:    Olson (Ed)

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

Presented by:    Rick Melmer, Department of Education (Document 5)
Proponents:    Susan Randall, SD Voices For Children
Opponents:    Mark DeVries, South Dakota Stockgrowers

MOTION:     DO PASS HB 1234

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Failed by roll call vote.(3-3-1-0)

Voting Yes:    Knudson, Nesselhuf, Peterson (Jim)

Voting No:    Duenwald, Kooistra, Bogue

Excused:    Olson (Ed)

The Chair deferred HB 1234 until Tuesday, February 21, 2006.

MOTION:     ADJOURN

Moved by:    Kooistra
Second by:    Peterson (Jim)
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary
Eric Bogue, Vice-Chair

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