82nd Legislative Session _ 2007

Committee: Senate Education
Tuesday, February 27, 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, Chair

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 22, 2007

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

          HB 1082: revise the funding of K-12 education in the state.

Presented by:    Representative Phyllis Heineman (Document #1, #2)
Opponents:    John Putnam, Elk Mountain School District, Edgemont (Document #3)
        Cori Bortenem, self, Rutland (Document #4)
        Valerie Woldt, self, Rutland
        Deb Butman-Perkins, self, Brookings
Comments:    Rick Melmer, Department of Education

         HB 1171: enhance education in the state and to make an appropriation therefor.

Presented by:    Representative Larry Rhoden

Proponents:    Tim Mitchell, South Dakota School Administrators
        Susan Smit, self, Wagner
        Larry Zikmund, Associated General Contractors - Building Chapter
         and South Dakota Association of Career and Technical Education
Opponents:    Dick Tieszen, Associated School Boards of South Dakota
        Dianna Miller, ESD + 6

         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.

Presented by:    Keith Moore, Department of Education
Proponents:    Marcia Zephier, self, Sioux Falls
        Marlena Yellow Cloud, self, Flandreau
        Margo Zephier, self, Flandreau
        Anne Plooster, South Dakota Education Association

MOTION:     DO PASS HB 1290

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

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

Excused:    Peterson (Jim), Knudson

MOTION:     PLACE HB 1290 ON CONSENT CALENDAR

Moved by:    Nesselhuf
Second by:    Jerstad
Action:    Failed by voice vote.

         HB 1307: provide for the development of end of course exams.

Presented by:    Senator Bob Gray

MOTION:     DEFER HB 1307 TO THE 41ST LEGISLATIVE DAY

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

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

Excused:    Peterson (Jim), Knudson

Gavel passed to Senator Bob Gray

         HB 1113: prohibit school districts from granting credit for distance learning courses offered through entities other than the South Dakota Virtual High School.

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

MOTION:     DO PASS HB 1113

Moved by:    McNenny
Second by:    Peterson (Jim)
Action:    Prevailed by roll call vote.(7-0-0-0)

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

MOTION:     PLACE HB 1113 ON CONSENT CALENDAR

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

Gavel returned to Senator Ed Olson, Chair.

         HB 1082: revise the funding of K-12 education in the state.

MOTION:     AMEND HB 1082

1082cm
     On page 1, line 12 of the House Education Committee engrossed bill, delete " thirty " .

     On page 2 , line 2, delete " thirty " .

     On page 5 , line 22, delete everything after " (2) " and insert:
"
                 "Small school adjustment," calculated as follows:
             (a)    For districts with a fall enrollment of two hundred or less, multiply 0.2 times the fall enrollment and multiply the product times the per student allocation;
             (b)    For districts with a fall enrollment of greater than two hundred, but less than six hundred, multiply the fall enrollment times negative 0.0005; add 0.3 to that result; and multiply the sum obtained times the per student allocation ;".

     On page 5 , delete lines 23 and 24 .

     On page 6 , delete lines 1 to 7 , inclusive.

     On page 8 , line 14, delete everything after " adjustment " .

     On page 10 , line 7, delete " fifteen twenty " and insert "fifteen".

     On page 11 , line 17, overstrike " two hundred fifty " and insert " one hundred seventy-five ".

     On page 16 , delete lines 4 to 24 , inclusive.

     Delete pages 17 to 20 , inclusive.

     On page 21 , delete lines 1 to 6 , inclusive.

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

 MOTION:     AMEND HB 1082

1082cn
     On page 1 of the House Education Committee engrossed bill, delete lines 9 to 15 , inclusive.

     On page 2 , delete lines 1 to 4 , inclusive.

Moved by:    Nesselhuf
Second by:    Jerstad
Action:    Prevailed by roll call vote.(4-3-0-0)

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


Voting No:    Gray, Knudson, Olson (Ed)

 MOTION:     AMEND HB 1082

1082co
     On page 11 of the House Education Committee engrossed bill, delete lines 19 to 24 , inclusive.

     On page 12 , delete lines 1 to 14 , inclusive.

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

 MOTION:     DO PASS HB 1082 AS AMENDED

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)

          HB 1171: enhance education in the state and to make an appropriation therefor.

MOTION:     AMEND HB 1171

1171cc
     On page 1 of the House State Affairs Committee engrossed bill, delete lines 4 to 14 , inclusive.

     On page 2 , delete lines 1 to 4 , inclusive.

     On page 2 , line 11, delete " teacher performance, " .

     On page 2 , between lines 16 and 17, insert:

"      Section 4. Once a school district's initial five-year plan is complete, the school district may reapply for the program. If a school district reapplies and the district's application is denied by the Board of Education due to changes in the program's requirements, that school district is still entitled to receive funding for this program, if the school district continues to follow its original teacher compensation plan that it followed during the initial five years. The funding that school district is entitled to receive during the first year following the denial and in each year thereafter, as long as

the school district continues to follow the original teacher compensation plan, shall be calculated as follows:

             (1)    Determine the amount received for this program per fall enrollment as defined in subdivision 13-13-10.1(1) in the prior year;
             (2)    Increase the amount in (1) by the index factor as defined in subdivision 13-13-10.1(3); and
             (3)    Multiply the result in (2) by the fall enrollment.

     Section 5. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 establishing the application process; application timelines; the guidelines for district applications based on school district instructional goals or market compensation; and a system to monitor the progress of participating school districts with their compensation assistance plans and to ensure that each participating school district is complying with the plan as submitted to the board.".

     On page 5 , line 10, delete " One " and insert "Four".

     On page 5 , line 16, delete " Three million one hundred thousand " and insert "One million eight hundred thousand".

     On page 5 , delete lines 21 to 24 , inclusive.

     On page 6 , delete lines 1 to 4 , inclusive.

     On page 6 , line 6, after " expend " insert "nine million dollars of".

     On page 6 , delete lines 13 to 18 , inclusive.

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

 MOTION:     DO PASS HB 1171 AS AMENDED

Moved by:    Knudson
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:     ADJOURN

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

Nancy Bloom

____________________________

Committee Secretary
Ed Olson, Chair