87
th Legislative Session _ 2012
Committee: Senate Education
Thursday, February 09, 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 TUESDAY, FEBRUARY 7,2012
Moved by: Kraus
Second by: Rampelberg
Action: Prevailed by voice vote.
SB 130: require the school board of each school district to adopt a policy prohibiting
bullying.
Presented by: Senator Bob Gray
MOTION: AMEND SB 130
130cc
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. If a school district does not have a bullying policy, the school district shall adopt
a bullying policy that meets the requirements of this Act. If the school district already has a bullying
policy in place, the school board shall review and, if necessary, revise the policy so that it meets the
requirements of this Act.
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. Each school district policy developed pursuant to this Act shall contain the following
provisions:
(1) A statement prohibiting bullying, and a definition of bullying that includes the definition
in section 2 of this Act; and
(2) A statement that all students are protected with no mention of any protected classes of
students.
Section 4. 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 5. 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."
Moved by: Schlekeway
Second by: Rave
Action: Prevailed by voice vote.
MOTION: AMEND SB 130
130cd
On the previously adopted amendment, 130cc, in the last sentence of Section 2, before "." insert
", and includes the reporting of an act of bullying that is not made in good faith".
Moved by: Rampelberg
Second by: Kraus
Action: Failed by voice vote.
MOTION: DO PASS SB 130 AS AMENDED
Moved by: Rave
Second by: Schlekeway
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Kraus, Rampelberg, Rave, Schlekeway, Gray, Johnston
SB 44: encourage school districts to adopt a bullying policy and to establish a model
bullying policy.
Presented by: Senator Bob Gray
MOTION: DEFER SB 44 TO THE 41
ST LEGISLATIVE DAY
Moved by: Gray
Second by: Rave
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Kraus, Rampelberg, Rave, Schlekeway, Gray, Johnston
SB 139: establish the Teach for America grant program within the Department of
Education and to make an appropriation therefor.
Presented by: Senator Phyllis Heineman
Proponents: James Curran, Teach For America, Mission
Drew Madson, Allen, SD, Self
Opponents: Wade Pogany, Associated School Boards of SD
Dianna Miller, Large School Group
John Pedersen, School Administrator of South Dakota
MOTION: AMEND SB 139
139ca
On page 2, line 19, of the printed bill, delete "million five" and insert "dollar ($1)".
On page 2, line 20, delete "hundred thousand dollars ($1,500,000)".
Moved by: Rave
Second by: Kraus
Action: Prevailed by voice vote.
MOTION: REFER SB 139 TO APPROPRIATIONS AS AMENDED DO PASS
Moved by: Schlekeway
Second by: Rave
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Kraus, Rampelberg, Rave, Schlekeway, Gray, Johnston
SB 77: provide for the establishment of a scholarship program for postsecondary
technical institute students and to make an appropriation therefor.
Presented by: Senator Russell Olson
Representative Mitch Fargen (Handouts: 1,2)
Proponents: Tim Dougherty, 3M Company
Dick Tieszen, Technical Institutes (Handout: 3)
Greg Von Wald, Mitchell Technical Institute
Julie Johnson, Absolutely Aberdeen
Bruce Yakley, Mitchell, Self
John Kerstiens, SD Farmers Union
Jeff Holdomb, Southeast Technical Institute
Melody Schopp, Department of Education
MOTION: AMEND SB 77
77tb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. The Dakota Tech scholarship program is hereby established within the Governor's
Office of Economic Development. Dakota Tech scholarships shall be awarded to encourage students
at South Dakota's postsecondary technical institutes who are trained for employment in areas of
critical need to remain in South Dakota upon completion of their postsecondary technical education.
The Governor's Office of Economic Development shall provide for the awarding of Dakota Tech
scholarships in accordance with the provisions of this Act.
Section 2. Terms used in this Act mean:
(1) "Administrator," the organization selected by GOED as provided in this Act to administer
the Dakota Tech scholarship program;
(2) "Area of critical need," an occupation within South Dakota for certain types of employers
in certain geographical areas as specified by rules promulgated by GOED pursuant to
section 14 of this Act;
(3) "Dakota Tech scholarship award," an amount awarded to an individual student under the
Dakota Tech scholarship program;
(4) "GOED," the Governor's Office of Economic Development;
(5) "Postsecondary technical institute," a postsecondary institute established pursuant to
chapter 13-39.
Section 3. The Governor's Office of Economic Development shall select a nonprofit corporation
to act as the administrator of the Dakota Tech scholarship program. GOED shall issue a request for
proposals to identify and select the appropriate entity to serve as the administrator. The administrator
shall, in accordance with the provisions of this Act, provide for the selection of scholarship
recipients, the disbursement of scholarship funds, the collection and repayment of funds from
recipients who have become ineligible, and other measures necessary for the implementation of this
Act.
Section 4. To be eligible for a Dakota Tech scholarship a person shall:
(1) Have a high school diploma or general equivalency diploma (GED);
(2) Agree in writing to stay in South Dakota and work in an area of critical need for a period
of four years following graduation from a postsecondary technical institute; and
(3) Enroll in or be accepted for enrollment by a postsecondary technical institute for a course
of study in an area of critical need leading to a technical degree from the postsecondary
technical institute.
Section 5. In order to maintain eligibility for a Dakota Tech scholarship a person shall:
(1) Maintain a 2.5 grade point average on a 4.0 scale and maintain standing as a full-time or
part-time student at a postsecondary technical institute;
(2) Attend a postsecondary technical institute and earn a technical degree in an area of critical
need within four years after the person's first enrollment at the technical institute.
Section 6. A Dakota Tech scholarship award shall be in the amount of five thousand dollars per
student and is awarded once for the duration of the student's course of study. The administrator may
award Dakota Tech scholarships only to the extent that funds are available to provide scholarships.
If the amount of money in the Dakota Tech scholarship fund is insufficient to provide a Dakota Tech
scholarship to all eligible applicants, the administrator shall consider a person's field of study and
financial need in awarding a Dakota Tech scholarship.
Section 7. If a person has been awarded a Dakota Tech scholarship, the administrator shall pay
the postsecondary technical institute at which the person is enrolled the amount of five thousand
dollars, to be deducted from the person 's tuition and fees over the duration of the person's course
of study. The amount of the scholarship constitutes a obligation owed by the person to the
administrator, which may be discharged as provided in sections 8 to 11, inclusive, of this Act.
Section 8. A person who has received a Dakota Tech scholarship is not required to repay any part
of the scholarship if within six months of earning an eligible technical degree the person begins
employment and is continuously employed in South Dakota for a period of forty-eight consecutive
months in an area of critical need. A course of study and corresponding employment or occupation
that was deemed an area of critical need at the time of the person's scholarship award remains an area
of critical need for the duration of the person's course of study and for the forty-eight month
employment period for purposes of determining any repayment obligation that the person may incur.
Section 9. If a person who has received a Dakota Tech scholarship does not maintain eligibility
as specified in section 5 of this Act, the person shall reimburse the administrator the amount of the
scholarship paid on behalf of the person, according to a repayment schedule set by GOED in rules
promulgated pursuant to chapter 1-26.
Section 10. If a person who has received a Dakota Tech scholarship does not meet the
requirement in section 8 of this Act, the person shall reimburse the administrator the amount of the
scholarship paid on behalf of the person, according to a repayment schedule set by GOED in rules
promulgated pursuant to chapter 1-26. The amount of repayment shall be based on the ratio of
forty-eight months minus the number of months a person was continuously employed in an area of
critical need to forty-eight months.
Section 11. If a person who has received a Dakota Tech scholarship is unable to maintain
eligibility or remain employed in an area of critical need for forty-eight consecutive months due to
factors outside the control of the person, the administrator may waive or delay the eligibility or
repayment provisions of this Act.
Section 12. A person who has received a Dakota Tech scholarship shall annually report to the
administrator the person's academic and occupational status on forms prescribed by the
administrator.
Section 13. The Dakota Tech scholarship fund is hereby established as a separate fund in the
state treasury to be administered by the Governor's Office of Economic Development. Money in the
fund shall be used to implement the Dakota Tech scholarship program established pursuant to this
Act. Money may enter the fund through legislative appropriations, fees, contributions, donations,
grants, loans, interest received on money in the fund, and any other lawful public or private source.
Money in the fund shall be appropriated by the Legislature through the normal budget process. Any
expenditure from the fund shall be paid on warrants drawn by the state auditor on vouchers approved
by the commissioner of the Governor's Office of Economic Development.
Section 14. The Governor's Office of Economic Development shall promulgate rules, pursuant
to chapter 1-26, to implement the Dakota Tech scholarship program. The rules shall define
occupations and geographical areas as areas of critical need, establish procedures for the awarding
and acceptance of scholarships, establish requirements and guidelines to be followed by the
administrator in implementing the program, establish criteria for monitoring the academic and
occupational status of persons who have received a scholarship, establish financial need criteria,
establish repayment schedules, and establish other procedures and requirements necessary for the
implementation of the scholarship program.
Section 15. There is hereby appropriated from the general fund the sum of one dollar ($1), or so
much thereof as may be necessary, to the Governor's Office of Economic Development to be
deposited into the Dakota Tech scholarship fund and made available, beginning on the effective date
of this Act, to fund scholarships under the Dakota Tech scholarship program as provided in this Act.
This appropriation may be used only for the funding of scholarships under the program.
Administrative costs and other costs incurred by the administrator or by GOED in the
implementation of the program may be met only through the use of funds from sources other than
this appropriation.
Section 16. The commissioner of the Governor's Office of Economic Development shall approve
vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 17. Any amounts appropriated in this Act not lawfully expended or obligated by June
30, 2013, shall revert in accordance with the procedures prescribed in chapter 4-8."
Moved by: Rave
Second by: Bradford
Action: Prevailed by voice vote.
MOTION: REFER SB 77 TO APPROPRIATIONS AS AMENDED DO PASS
Moved by: Rave
Second by: Rampelberg
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Bradford, Rampelberg, Rave, Schlekeway, Gray, Johnston
Voting No: Kraus
SB 85: revise the calculation of the small school adjustment in the state aid to
education formula, and to provide for the redistribution of certain funds appropriated
for state aid to education.
Presented by: Senator Larry Tidemann
Proponents: Representative Dan Dryden (Handout: 4)
Dianna Miller, Large School Group (Handout: 5)
Vince Schaefer, Madison, Self
Opponents: Charlie Flowers, SD United Schools Association (Handouts: 6, 7)
James Cutshaw, Wolsey, Self
MOTION: AMEND SB 85
85ca
On page 3, between lines 1 and 2 of the printed bill, insert:
"
"Resident student fall enrollment," the number of resident kindergarten through twelfth
grade students enrolled in all schools operated by the school district on the last Friday of
September of the current school year minus the number of students for whom the district
receives tuition, except plus nonresident students who are in the care and custody of a
state agency and are attending a public school and students for whom tuition is being paid
pursuant to § 13-28-42.1, plus the number of resident students for whom the district pays
tuition. When computing the small school adjustment for any school district that is not
sparse, the secretary of education shall use either the school district's resident student fall
enrollment or the average of the school district's resident student fall enrollment from the
previous two years, whichever is higher;".
On page 3, delete lines 10 to 17, inclusive, and insert :
"
"Small school adjustment," for any school district that is not defined as sparse pursuant
to § 13-13-78 is calculated as follows:
(a) For districts with a resident student fall enrollment of two hundred or less, multiply
0.2 times $4,237.72;
(b) For districts with a resident student 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 $4,237.72;
If a school district's fall enrollment is greater than 600, the district is not eligible for the
small school adjustment even if the resident student fall enrollment is less than 600.".
On page 4, line 1, after "year" strike "2012 is $4,389.95" and insert "2013 is $4,494.19".
On page 4, line 8, delete "number of".
On page 4, line 9, delete "students enrolled" and insert "student fall enrollment".
On page 5, delete lines 7 to 9, inclusive, and insert:
"
For any school district that is not defined as sparse pursuant to § 13-13-78,
multiply the small school adjustment, if applicable, by the resident student fall
enrollment; and".
On page 5, delete lines 21 to 24, inclusive.
On page 6, delete lines 1 to 4, inclusive.
Moved by: Schlekeway
Second by: Kraus
Action: Prevailed by voice vote.
MOTION: DO PASS SB 85 AS AMENDED
Moved by: Gray
Second by: Kraus
Action: Prevailed by roll call vote. (4-3-0-0)
Voting Yes: Kraus, Schlekeway, Gray, Johnston
Voting No: Bradford, Rampelberg, Rave
MOTION: AMEND TITLE OF SB 85
85cta
On page 1, line 2, of the printed bill, delete everything after "formula" and insert ".".
On page 1, delete line 3.
Moved by: Rave
Second by: Schlekeway
Action: Prevailed by voice vote.
MEETING RECESSED UNTIL 15 MINUTES AFTER THE CLOSE OF SESSION ON
THURSDAY, FEBRUARY 9, 2012
SENATOR MARK JOHNSTON RECONVENED THE MEETING AT 4:05 P.M. ON
THURSDAY, FEBRUARY 9, 2012
GAVEL PASSED TO SENATOR BOB GRAY, VICE CHAIR
SB 98: provide for a pilot program initiating two mathematics and science academies
and to make an appropriation therefor.
Presented by: Senator Mark Johnston
Proponents: Mark Lee, Sioux Falls University Center
Melody Schopp, Department of Education
MOTION: AMEND SB 98
98ca
On page 3, line 5, of the printed bill, delete "eighty-four" and insert "one dollar ($1)".
On page 3, line 6, delete "thousand dollars ($84,000)".
Moved by: Schlekeway
Second by: Kraus
Action: Prevailed by voice vote.
MOTION: AMEND SB 98
98cb
On page 3, line 9, of the printed bill, delete "hundred" and insert "dollar ($1)".
On page 3, line 10, delete "sixty-eight thousand dollars ($168,000)".
Moved by: Schlekeway
Second by: Rampelberg
Action: Prevailed by voice vote.
MOTION: REFER SB 98 TO APPROPRIATIONS AS AMENDED DO PASS
Moved by: Kraus
Second by: Rampelberg
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Kraus, Rampelberg, Schlekeway, Gray, Johnston
Excused: Rave
GAVEL PASSED BACK TO SENATOR MARK JOHNSTON, CHAIR
SB 122: establish a funding formula for institutions under the control of the Board
of Regents.
Presented by: Senator Bob Gray
Proponents: Paul Turman, Board of Regents
MOTION: TO TABLE SB 122
Moved by: Gray
Second by: Rampelberg
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Kraus, Rampelberg, Schlekeway, Gray, Johnston
Excused: Rave
SB 138: revise the state aid to education formula and to make an appropriation.
Presented by: Senator Russell Olson
MOTION: DO PASS SB 138
Moved by: Gray
Second by: Schlekeway
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Kraus, Rampelberg, Schlekeway, Gray, Johnston
Excused: Rave
MOTION: ADJOURN
Moved by: Rampelberg
Second by: Schlekeway
Action: Prevailed by voice vote.
Kay Johnson
____________________________
Committee Secretary
J. Mark Johnston, Chair
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