85
th Legislative Session _ 2010
Committee: Senate Education
Tuesday, February 09, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Gray
P Jerstad
P Knudson, Vice-Chair
P Nesselhuf
P Olson (Russell)
P Peterson
P Garnos, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Cooper Garnos, Chair.
MOTION: TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 4, 2010
Moved by: Gray
Second by: Olson (Russell)
Action: Prevailed by voice vote.
SB 156: require that determinations in both adult and juvenile court proceedings
relative to a controlled substance violation of a high school student participating in
extracurricular activities be reported to the South Dakota High School Activities
Association and to the school administrator.
Presented by: Senator Bob Gray
Proponents: Lindsey Riter-Rapp, High School Activities, Assn.
Opponents: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS SB 156
Moved by: Olson (Russell)
Second by: Gray
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 156 UNTIL TUESDAY, FEBRUARY 16,
2010.
Moved by: Knudson
Second by: Jerstad
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gray, Jerstad, Knudson, Olson (Russell), Peterson, Garnos
Excused: Nesselhuf
SB 124: equate, within certain limits, the annual percentage increase in per student
funding for general education and for special education to the projected change in
state general fund revenue, and to require the Legislature to estimate general fund
revenues for the current fiscal year and the next fiscal year.
MOTION: AMEND SB 124
124cb
On page 3, line 21, of the printed bill, after "all" delete "revenue" and insert "continuing
receipts".
On page 3, after line 24, insert:
"
(2F) "Adjusted state general fund increase," equals the projected state general fund increase
for school fiscal years 2012 and 2013. Beginning with school fiscal year 2014, it equals
the difference between the calculation in (a) and the calculation in (b) as follows:
(a) Calculate the percentage change in the projected state general fund revenue for the
year of adjustment compared to the actual state general fund revenue for the fiscal
year five years prior to the year of adjustment. However, if the year of adjustment
is school fiscal year 2014 or 2015, the percentage change comparison is between
the year of adjustment and school fiscal year 2011;
(b) Calculate the percentage change in the per student allocation for the fiscal year
prior to the year of adjustment compared to the per student allocation for the fiscal
year five years prior to the year of adjustment. However, if the year of adjustment
is school fiscal year 2014 or 2015, the percentage change comparison is between
the year prior to the year of adjustment and school fiscal year 2011;".
On page 4, line 1, delete "projected" and insert "adjusted".
On page 6, line 7, after "source." insert "General fund revenue shall be further classified as
either continuing receipts or one-time receipts.".
On page 6, delete lines 17 to 20, inclusive.
On page 6, line 21, delete everything after "equal to the" and insert "index factor calculated
pursuant to section 1 of this Act;".
On page 6, delete lines 22 to 24, inclusive, and insert:
"
the annual percentage change in the consumer price index for urban wage earners and
clerical workers as computed by the Bureau of Labor Statistics of the United States
Department of Labor for the year before the year immediately preceding the year of
adjustment or three percent, whichever is less;".
On page 7, delete lines 1 to 4, inclusive.
On page 7, line 5, delete everything after " "General fund adjustment,"" and insert "is equal to
the general fund adjustment calculated pursuant to section 1 of this Act;".
On page 7, delete lines 6 to 10, inclusive.
Moved by: Knudson
Second by: Gray
Action: Prevailed by voice vote.
MOTION: AMEND SB 124
124cc
On page 4, line 15, of the printed bill, delete "$4,804.60" and insert "$4,862.26".
Moved by: Jerstad
Second by: Peterson
Action: Failed by roll call vote. (2-4-1-0)
Voting Yes: Jerstad, Peterson
Voting No: Gray, Knudson, Olson (Russell), Garnos
Excused: Nesselhuf
MOTION: DO PASS SB 124 AS AMENDED
Moved by: Knudson
Second by: Gray
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gray, Jerstad, Knudson, Olson (Russell), Peterson, Garnos
Excused: Nesselhuf
SB 183: exclude students served in residential treatment facilities from the
calculation of the small school adjustment in the state aid to general education
formula.
Presented by: Tom Oster, Secretary Department of Education
Proponents: Senator Mike Vehle
Dick Tieszen, Rapid City and Sioux Falls School Districts
MOTION: AMEND SB 183
183ca
On page 1 of the printed bill, delete lines 12 to 15, inclusive, and insert:
"
The determination of the small school adjustment for a school district may not include any
students residing in a residential treatment facility operated by the school district;".
Moved by: Knudson
Second by: Jerstad
Action: Prevailed by voice vote.
MOTION: DO PASS SB 183 AS AMENDED
Moved by: Knudson
Second by: Gray
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gray, Jerstad, Knudson, Olson (Russell), Peterson, Garnos
Excused: Nesselhuf
MOTION: AMEND TITLE OF SB 183
183cta
On page 1, line 2, of the printed bill, delete "calculation" and insert "determination".
Moved by: Jerstad
Second by: Peterson
Action: Prevailed by voice vote.
SB 194: revise provisions related to school district tuition for children placed in
certain state institutions.
Presented by: Senator Gary Hanson
Proponents: Gerry Kaufman, Sisseton School District, Huron
Dick Tieszen, Rapid City and Sioux Falls School Districts
Opponents: Shayne McIntosh, Parkston, Self
Representative Bill Van Gerpen
MOTION: AMEND SB 194
194ca
On page 1, line 13, of the printed bill, delete everything after "residence" and insert " and is
enrolled, only if the child, not otherwise eligible under the Individuals with Disabilities Education
Improvement Act of 2004, as amended to January 1, 2010, was placed at the group home or private
child-care center by the school district where the child has school residence and is currently
enrolled.".
On page 1, delete lines 14 and 15.
Delete page 2.
Moved by: Knudson
Second by: Nesselhuf
Action: Prevailed by voice vote.
THE CHAIR DEFERRED SB 194 UNTIL THURSDAY, FEBRUARY 11, 2010.
SJR 7: Proposing and submitting to the electors at the next general election an
amendment to Article VIII of the Constitution of the State of South Dakota relating
to school districts expending public funds to support certain lawsuits against the State
of South Dakota.
Presented by: Senator Larry Rhoden
Proponents: Senator Dave Knudson
Opponents: Jim Hutmacher, SD Coalition of Schools
Bill Engberg, Associated School Boards of SD
Shayne McIntosh, Parkston, Self
MOTION: DEFER SJR 7 TO THE 41
ST LEGISLATIVE DAY
Moved by: Nesselhuf
Second by: Peterson
Action: Prevailed by roll call vote. (4-3-0-0)
Voting Yes: Jerstad, Nesselhuf, Peterson, Garnos
Voting No: Gray, Knudson, Olson (Russell)
MOTION: ADJOURN
Moved by: Olson (Russell)
Second by: Gray
Action: Prevailed by voice vote.
Cheri Hauschild
____________________________
Committee Secretary
Cooper Garnos, Chair
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