Senate Education Minutes 02/01/2007 7:45 AM

82^nd Legislative Session _ 2007

Committee: Senate Education

Thursday, February 01, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gray
P    Jerstad
P    McNenny
P    Nesselhuf
P    Peterson (Jim)
P    Knudson, Vice-Chair
P    Olson (Ed), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Ed Olson

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, JANUARY 30, 2007

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

MOTION:     RECONSIDER SB 95

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

         SB 95: establish a State Board of Technical Institutes, to provide for its powers, duties, and responsibilities, and to provide for the transfer of authority over public postsecondary technical education from the Department of Education to the State Board of Technical Institutes.

MOTION:     DO PASS SB 95 AS AMENDED

Moved by:    Knudson
Second by:    Peterson (Jim)
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO NOT PASS SB 95 AS AMENDED

Moved by:    McNenny
Second by:    Gray
Action:    Failed by roll call vote.(3-4-0-0)

Voting Yes:    Gray, McNenny, Olson (Ed)

Voting No:    Jerstad, Nesselhuf, Peterson (Jim), Knudson

MOTION:     DO PASS SB 95 AS AMENDED

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

Voting Yes:    Gray, Jerstad, Nesselhuf, Peterson (Jim), Knudson

Voting No:    McNenny, Olson (Ed)

         SB 101: provide that a governance policy be determined at the annual meeting of a school board.

Presented by:    Senator Julie Bartling
Proponents:    Dick Tieszen, Associated School Boards of South Dakota

MOTION:     AMEND SB 101

On page 1, line 9 of the printed bill, remove the overstrikes from " ~~. The~~ " .

On page 1 , line 10, remove the overstrikes from " ~~board shall~~ " .

On page 1 , line 10, delete " ; determine the number of votes required for board action; " .

On page 1 , line 12, after " . " insert " A majority of the members of the school board constitutes

a quorum for the purpose of conducting business. Any board action may be taken if it is approved by the majority of the members voting. ".

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

MOTION:     DO PASS SB 101 AS AMENDED

Moved by:    Gray
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gray, Jerstad, McNenny, Nesselhuf, Peterson (Jim), Knudson, Olson (Ed)

MOTION:     TO AMEND TITLE OF SB 101

On page 1, line 1 of the printed bill, delete everything after " to " and insert "establish a governance policy for school boards.".

On page 1 , delete line 2 .

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

         SB 115: revise certain provisions regarding the rule-making authority of the Board of Education.

Presented by:    Senator Tom Dempster
Proponents:    Deb Barnett, Department of Education
        Susan Randall, South Dakota Voices For Children
        Dennis Hook, South Dakota Headstart Association
        Rick Melmer, Department of Education
Opponents:    Cindy Flakoll, Concerned Women For America (Document #1, #2)
        Linda Grass, self, Rapid City
        Kitty Werthmann, Eagle Forum
        Janice Wheller, self, Rapid City

MOTION:     DO PASS SB 115

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

Voting Yes:    Gray, Jerstad, Nesselhuf, Peterson (Jim), Knudson, Olson (Ed)

Voting No:    McNenny

         SB 143: appropriate funds to provide for the South Dakota Virtual Library.

Presented by:    Senator Julie Bartling
Proponents:    Dennis Duncan, South Dakota Library Association
        Lee Crary, South Dakota Library Association
        Deborah Hagemeier, South Dakota Library Association
        Beverly Lewis, South Dakota Library Association
Opponents:    Tamara Darnall, Bureau of Finance and Management

MOTION:     DO PASS SB 143

Moved by:    Nesselhuf
Second by:    Jerstad
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION REFER TO Appropriations

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

Voting Yes:    Gray, Jerstad, McNenny, Nesselhuf, Peterson (Jim)

Voting No:    Knudson, Olson (Ed)

         HB 1001: repeal references to certain defunct programs under the authority of the Board of Regents.

Presented by:    Representative Tim Rave
Proponents:    Tad Perry, South Dakota Board of Regents

MOTION:     DO PASS HB 1001

Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gray, Jerstad, McNenny, Nesselhuf, Peterson (Jim), Knudson, Olson (Ed)

MOTION:     PLACE HB 1001 ON CONSENT CALENDAR

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

         HB 1002: revise the style and form of certain provisions relating to the Board of Regents.

Presented by:    Representative Tim Rave
Proponents:    Tad Perry, South Dakota Board of Regents

MOTION:     DO PASS HB 1002

Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gray, Jerstad, McNenny, Nesselhuf, Peterson (Jim), Knudson, Olson (Ed)

MOTION:     PLACE HB 1002 ON CONSENT CALENDAR

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

         HB 1033: impose sanctions on schools and certified school personnel for compromising the integrity of a state-required academic achievement test.

Presented by:    Melody Schopp, Department of Education
Opponents:    Dick Tieszen, Associated School Boards of South Dakota
        Joe Gertsma, Yankton School District

The Chair deferred HB 1033 until another day.

The Chair deferred HB 1034 until another day.

MOTION:     ADJOURN

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

Nancy Bloom

____________________________

Committee Secretary

Ed Olson, Chair