82nd Legislative Session _ 2007

Committee: House Education
Thursday, February 15, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Buckingham
P    DeVries
P    Elliott
P    Gilson
P    Hackl
P    Hills
P    McLaughlin, Vice-Chair
P    Novstrup (Al)
P    Olson (Ryan)
P    Thompson
P    Van Norman
P    Weems
P    Wick
P    Heineman, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Heineman

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 13, 2007

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

         HB 1290: provide for an Office of Indian Education and an Indian Education Advisory Council and to establish certain provisions to enhance Indian education in the state.



MOTION:     AMEND HB 1290

1290ra
     On page 1, line 10 of the printed bill, after " . " insert "The nine representatives of the tribes shall be appointed from nominations submitted by the tribal councils of each of the tribes.".

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

MOTION:     DO PASS HB 1290 AS AMENDED

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

Voting Yes:    Bradford, Buckingham, DeVries, Elliott, Gilson, Hackl, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Van Norman, Weems, Heineman

Excused:    Wick

MOTION:     PLACE HB 1290 ON CONSENT CALENDAR

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

Gavel turned over to Vice-Chair McLaughlin.

         HB 1268: appropriate money for Teach for America.

Presented by:    Representative Phyllis Heineman
Proponents:    Ryan Wise, Teach for America

MOTION:     DO PASS HB 1268

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

MOTION:     SUBSTITUTE MOTION DEFER HB 1268 TO THE 41ST LEGISLATIVE DAY



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

Voting Yes:    Bradford, DeVries, McLaughlin, Thompson, Van Norman

Voting No:    Buckingham, Elliott, Gilson, Hackl, Hills, Novstrup (Al), Olson (Ryan), Weems, Wick, Heineman

MOTION:     AMEND HB 1268

1268ca
     On page 1, line 3 of the printed bill, delete " hundred " and insert "dollar ($1)".

     On page 1 , line 4, delete " thousand dollars ($100,000) " .

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

MOTION:     DO PASS HB 1268 AS AMENDED

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

Voting Yes:    Buckingham, DeVries, Elliott, Gilson, Hackl, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Weems, Wick, Heineman

Voting No:    Bradford, Van Norman

Gavel returned to Chair Heineman.

         HB 1291: create a teacher compensation assistance program.

Presented by:    Wade Pogany, Department of Education (Handout #1)

MOTION:     AMEND HB 1291

1291cb
     On page 1, line 5 of the printed bill, delete " two-thirds " and insert "four-fifths".

     On page 1 , line 9, after " goals " insert ", teacher performance,".

     On page 1 , line 9, after " compensation " insert "or other specific district requirements as approved by the department".

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

MOTION:     DO PASS HB 1291 AS AMENDED

Moved by:    Olson (Ryan)
Second by:    Weems
Action:    Prevailed by roll call vote.(13-2-0-0)

Voting Yes:    Bradford, Buckingham, DeVries, Elliott, Gilson, Hackl, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Weems, Wick, Heineman

Voting No:    Thompson, Van Norman

         HB 1146: establish education service agencies to provide services to school districts on a regional basis and to make an appropriation therefor.

MOTION:     DEFER HB 1146 TO THE 41ST LEGISLATIVE DAY

Moved by:    Olson (Ryan)
Second by:    Gilson
Action:    Prevailed by roll call vote.(11-4-0-0)

Voting Yes:    Bradford, Buckingham, DeVries, Gilson, Hackl, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Weems, Heineman

Voting No:    Elliott, Hills, Van Norman, Wick

         HB 1221: appropriate money to enhance career and technical education in the state.

MOTION:     TO TABLE HB 1221



Moved by:    Hackl
Second by:    Olson (Ryan)
Action:    Prevailed by roll call vote.(11-4-0-0)

Voting Yes:    Bradford, Buckingham, DeVries, Gilson, Hackl, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Heineman

Voting No:    Elliott, Van Norman, Weems, Wick

         HB 1273: require that sixty-five percent of a school district's operating budget be expended for instructional purposes.

MOTION:     AMEND HB 1273

1273ca
     On page 1, line 12 of the printed bill, after " instructional aides, " insert "librarians, library services,".

     On page 2 , line 5, delete " 2008 " and insert "2009".

     On page 2 , line 6, delete " 2009 " and insert "2010".

     On page 3 , after line 11, insert:

"
     Section 10. This Act is effective on July 1, 2008.".


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

MOTION:     DO PASS HB 1273 AS AMENDED

Moved by:    Weems
Second by:    Wick
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1273 TO THE 41ST LEGISLATIVE DAY


Moved by:    Novstrup (Al)
Second by:    Hills
Action:    Prevailed by roll call vote.(12-3-0-0)

Voting Yes:    Bradford, Buckingham, DeVries, Elliott, Gilson, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Van Norman, Heineman

Voting No:    Hackl, Weems, Wick

         HB 1276: appropriate money to the Department of Education to fund a new cyber high school.

Presented by:    Representative Tim Rave
Opponents:    Dianna Miller, ESD + 6
        Jim Hutmacher, SD Coalition of Schools
        Wayne Lueders, Associated School Boards of SD

MOTION:     AMEND HB 1276

1276cd
     On the printed bill, delete everything after the enacting clause and insert:

"

     Section  1.  There is hereby created a special high school district known as the Prairie High School District. The primary purpose of the special high school district is to provide a high school education to students located in rural areas of the state through the use of technology, teachers, and tutors.

     The Prairie High School District shall meet the following requirements:

             (1)    The special high school district shall educate, primarily through the use of technology, any South Dakota student in grades nine through twelve who chooses to enroll;

             (2)    The special high school district may have no physical boundaries and may not contain any real property subject to ad valorem taxes pursuant to chapter 10-4; and

             (3)    The special high school district shall have attendance centers that are equipped with the technology necessary to provide distance learning as defined in § 13-33-20 to high school students, and are located in or adjacent to existing public attendance centers that serve students in kindergarten through eighth grade.

     Section  2.  Any student attending an attendance center operated by the Prairie High School District shall be accounted for and identified in the same manner as any other student attending a

public school in South Dakota.

     Section  3.  The Prairie High School District is entitled to receive foundation program state aid distributed to school districts in accordance with the provisions of chapter 13-13, and state aid for special education distributed to school districts in accordance with the provisions of chapter 13-37. For the purposes of calculating foundation program state aid pursuant to chapter 13-13, the adjusted average daily membership of the Prairie High School District is equal to its average daily membership.

     Section  4.  The Prairie High School District is not entitled to receive funds from any county general school fund distributed pursuant to § 13-13-5, the net proceeds of any fines and pecuniary penalties distributed pursuant to § 23A-27-25, the proceeds from any gross receipts taxes distributed pursuant to § 10-33-24 or 10-36-10, the proceeds from any bank franchise taxes distributed pursuant to § 10-43-77, or the net proceeds from any mobile home taxes distributed pursuant to § 10-9-14. For purposes of distributing funds pursuant to S.D. Const., Art. VIII, Sect. 3, the Prairie High School District is not a public school corporation.
         
     Section  5.  Notwithstanding the provisions of chapters 13-7 and 13-8, the secretary of education shall appoint the president of the school board of the Prairie High School District, and the president shall appoint at least four, but no more than eight, additional school board members.

     Section  6.  Notwithstanding the provisions of § 13-36-7, no student enrolled in the Prairie High School District is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association.

     Section  7.  Since the Prairie High School District may not levy taxes to establish any special funds, the special high school district may use general funds to pay for expenses that in other school districts are paid from the special education fund pursuant to § 13-37-16 or the capital outlay fund pursuant to § 13-16-6.

     Section  8.  Except as provided in this Act, the Prairie High School District is subject to all laws under Title 13 and all rules authorized under Title 13 that govern public high schools and school districts in the state.

     Section  9.  The South Dakota Board of Education shall promulgate rules, pursuant to chapter 1- 26, to define the technological needs of each of the attendance centers, to establish the procedures and timelines for the selection of the school board president and the other school board members, and to establish other policies and procedures necessary to allow the special high school district to fulfill its intended purpose."


Moved by:    Hills


Second by:    Weems
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1276 AS AMENDED

Moved by:    Elliott
Second by:    Hills
Action:    Was not acted on.

MOTION:     CALL THE QUESTION

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

MOTION:     DO PASS HB 1276 AS AMENDED

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

Voting Yes:    Bradford, Elliott, Hackl, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Van Norman, Weems, Wick, Heineman

Voting No:    Buckingham, DeVries, Gilson, Thompson

MOTION:     TO AMEND TITLE OF HB 1276

1276cta
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "create the Prairie High School District.".

     On page 1 , delete line 2 .

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

MOTION:     RECONSIDER HB 1113

Moved by:    Buckingham


Second by:    Hackl
Action:    Prevailed by voice vote.

         HB 1113: add two nonvoting student members to the South Dakota Board of Education.

Presented by:    Representative Ryan Olson
Proponents:    Melody Schopp, Department of Education

MOTION:     AMEND HB 1113

1113ca
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section  10.  That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

    
     No school district may grant credit for any course successfully completed through distance learning as defined in § 13-33-20 unless the course is offered through the South Dakota Virtual High School.
     However, a school district may grant credit for a distance learning course offered through an entity other than the South Dakota Virtual High School if any of the following conditions apply:

             (1)    The course is provided through an agreement among accredited school districts;
             (2)    The course is a university course taken by a student who is dually enrolled pursuant to the provisions of § 13-28-37;
             (3)    The course was previously taken through an accredited high school or other accredited provider by a student who subsequently transferred into the school district; or
             (4)    The course is not available through the South Dakota Virtual High School and is pre- approved by the secretary of education."

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

MOTION:     DEFER HB 1113 TO THE 41ST LEGISLATIVE DAY

Moved by:    DeVries
Second by:    Van Norman
Action:    Was not acted on.



MOTION:     SUBSTITUTE MOTION DO PASS HB 1113 AS AMENDED

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

MOTION:     CALL THE QUESTION

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

MOTION:     SUBSTITUTE MOTION DO PASS HB 1113 AS AMENDED

Moved by:    Olson (Ryan)
Second by:    Hills
Action:    Prevailed by roll call vote.(11-4-0-0)

Voting Yes:    Buckingham, Gilson, Hackl, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Weems, Wick, Heineman

Voting No:    Bradford, DeVries, Elliott, Van Norman

MOTION:     TO AMEND TITLE OF HB 1113

1113cta
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "prohibit school districts from granting credit for distance learning courses offered through entities other than the South Dakota Virtual High School.".

     On page 1 , delete line 2 .

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

         HB 1300: provide for a public utility data source containing information from school districts and to make an appropriation therefor.

Presented by:    Representative Phyllis Heineman (Handout #2)


MOTION:     TO TABLE HB 1300

Moved by:    Hackl
Second by:    Wick
Action:    Prevailed by roll call vote.(10-5-0-0)

Voting Yes:    Bradford, Gilson, Hackl, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Weems, Wick

Voting No:    Buckingham, DeVries, Elliott, Van Norman, Heineman

MOTION:     ADJOURN

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

Linda Daugaard

____________________________

Committee Secretary
Phyllis M. Heineman, Chair