87th Legislative Session _ 2012

Committee: Senate Education
Tuesday, February 07, 2012

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Kraus
P    Rampelberg
P    Rave
P    Schlekeway
P    Gray, Vice-Chair
P    Johnston, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Mark Johnston, Chair.

MOTION:    TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 2, 2012

Moved by:    Kraus
Second by:    Rampelberg
Action:    Prevailed by voice vote.

        SB 44: encourage school districts to adopt a bullying policy and to establish a model bullying policy.

Presented by:    Marty Jackley, Office of the Attorney General
Proponents:    Melody Schopp, Department of Education
        Dianna Miller, Large School Group
        Wade Pogany, Associated School Boards of SD
        Dick Tieszen, Sioux Falls & Rapid City School Districts
        Sandra Waltman, SD Education Association
        Mitch Richter, Equality South Dakota
        Tiffany Campbell, American Civil Liberties Union of SD
        John Pedersen, School Administrators of SD

        Linda Schauer, Concerned Women For America

MOTION:    AMEND SB 44

44cb

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

    "    Section1. If a school district does not have a bullying policy, the school district shall follow the model bullying policy in section 7 of this Act until such time as the school district adopts its own bullying policy. Nothing in this Act supplants or preempts an existing school district policy.

    Section 2. Bullying is the causing of physical hurt or psychological distress on one or more students that may involve threat, intimidation, stalking as defined in chapter 22-19A, physical violence, theft, destruction of property, any threatening use of data or computer software, written or verbal communication, or conduct directed against a student that:

            (1)     Places a student in reasonable fear of harm to his or her person or damage to his or her property;

            (2)     Substantially interferes with a student's educational performance; or

            (3)     Substantially disrupts the orderly operation of a school.

    For the purposes of this Act, bullying also includes retaliation against a student for asserting or alleging an act of bullying.

    Section 3. The school board of each school district may, and is encouraged to, adopt or revise a school district policy prohibiting bullying, consistent with the suggested provisions of this Act.

    Section 4. Each school district policy developed pursuant to this Act may, and is encouraged to, contain the following provisions:

            (1)     A statement prohibiting bullying and a definition of bullying that includes the definition listed in section 1 of this Act;

            (2)     A description of the type of behavior expected from each student of the school district, and the consequences for a student of the school district who commits an act of bullying;

            (3)     A procedure for reporting an act of bullying, including provisions that permit a person to anonymously report such an act, although formal disciplinary action may not be based

solely on an anonymous report;

            (4)     A procedure for the prompt investigation and response to any report of bullying, including a requirement that an investigation be conducted on any alleged incident of bullying committed against a child while the child is aboard a school bus, at a school bus stop, or at a school-sponsored event; and

            (5)     A statement that all students are protected with no mention of any protected classes of students.

    Section 5. Any school district employee, school volunteer, student, or parent who promptly reports in good faith an act of bullying to the appropriate school district official as designated in the school district's policy, and who makes the report in compliance with the provisions of the school district's policy is immune from any cause of action for damages arising from failure to remedy the reported incident.

    Section 6. Neither the physical location nor the time of day of any incident involving the use of computers or other electronic devices is a defense to any disciplinary action initiated pursuant to this Act.

    Section 7. The model bullying policy pursuant to this Act is as follows:

PROHIBITION OF HARASSMENT, INTIMIDATION, AND BULLYING

    The School District is committed to maintaining a constructive, safe school climate that is conducive to student learning and fostering an environment in which all students are treated with respect and dignity.

    Persistent bullying can severely inhibit a student's ability to learn and may have lasting negative effects on a student's life. The bullying of students by students, staff, or third parties is strictly prohibited and will not be tolerated.

    Bullying consists of repeated physical, verbal, non-verbal, written, electronic, or any conduct directed toward a student that is so pervasive, severe, and objectively offensive that it:

            (1)     Has the purpose of creating or resulting in an intimidating, hostile, or offensive academic environment; or

            (2)     Has the purpose or effect of substantially or unreasonably interfering with a student's academic performance which deprives the student access to educational opportunities.
    Any staff member observing or suspecting bullying toward another individual is required to report the issue to his or her building supervisor.

    This policy is in effect while students are on property within the jurisdiction of the School Board; while students are in school-owned or school-operated vehicles; and while students are attending or engaged in school-sponsored activities.

    The District will act to investigate all complaints (formal or informal, verbal or written) of bullying. A formal complaint may be submitted to the building principal. Any student engaging in an act of bullying is subject to discipline pursuant to the District's student discipline procedure.

    This policy may not be interpreted to prohibit civil exchange of opinions or debate protected under the state or federal constitutions if the opinion expressed does not otherwise materially or substantially disrupt the education process or intrude upon the rights of others."


Moved by:    Kraus
Second by:    Rave
Action:    Prevailed by voice vote.

CHAIRMAN DEFERRED ACTION ON SB 44 UNTIL LATER IN THIS MEETING

        SB 191: provide for authorization to offer postsecondary education services in South Dakota.

Presented by:    Tony Venhuizen, Office of the Governor
Proponents:    Bob Duffett, SD Foundation of Independent Colleges
        Jonathon Tarnow, National American University
        Jack Warner, Board of Regents
        Jason Gant, Office of the Secretary of State
        Charlie McGuigan, Office of Attorney General

MOTION:    AMEND SB 191

191ca

    On page 5, line 12, of the printed bill, after "institution" insert "to cease its operations in the state. If a complaint relates to a postsecondary institution".


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

MOTION:    DO PASS SB 191 AS AMENDED

Moved by:    Rave
Second by:    Rampelberg
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Bradford, Kraus, Rampelberg, Rave, Schlekeway, Gray, Johnston

        SB 186: update the definition of the nonsectarian textbooks that are loaned to certain students to include digital, electronic, and internet-based materials.

Presented by:    Senator Phyllis Heineman (Handout: 1)
Proponents:    Kyle Gross, O'Gorman High School testified by telephone
        Jay Woudstra, Sioux Falls Christian testified by telephone
        Travis Benson, Catholic Diocese of Sioux Falls
Opponents:    Dick Tieszen, Sioux Falls School District
        Dianna Miller, Large School Group

MOTION:    AMEND SB 186

186ca

    On page 1, line 6, of the printed bill, overstrike everything after "," and insert "or a nonpublic school".

    On page 1, line 7, overstrike "with chapter 13-4".

    On page 1, line 13, delete "materials," and insert "and digital materials.".

    On page 1, line 14, delete everything before "All" .


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

MOTION:    DO PASS SB 186 AS AMENDED

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

Voting Yes:    Kraus, Rampelberg, Rave, Schlekeway, Gray, Johnston

Voting No:    Bradford

MOTION:    AMEND TITLE OF SB 186

186cta

    On page 1, line 2, of the printed bill, delete ", electronic, and internet-based".


Moved by:    Rave
Second by:    Rampelberg
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED SB 44 UNTIL THURSDAY, FEBRUARY 9, 2012

        THE CHAIR DEFERRED SB 130 UNTIL THURSDAY, FEBRUARY 9, 2012

MOTION:    ADJOURN

Moved by:    Rave
Second by:    Rampelberg
Action:    Prevailed by voice vote.

Kay Johnson

____________________________

Committee Secretary
J. Mark Johnston, Chair

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