2008 Legislative Session _ 2008

Committee: Senate Education
Thursday, February 21, 2008

    
                                            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 TUESDAY, FEBRUARY 19, 2008

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

        
HB 1124: establish a classification system, an evaluation system, and minimum annual salaries for certified teachers and school service specialists, to establish the Certified Teacher and School Service Specialist Classification and Evaluation System Advisory Board, and to revise certain provisions relating to teacher tenure.

Presented by:    Representative Larry Rhoden
Proponents:    Representative Mike Buckingham
        Melody Schopp, Department of Education
Opponents:    John Pedersen, School Administrator of South Dakota
        Dick Tieszen, Sioux Falls School District
        Wayne Lueders, Associated School Boards of SD
        Cristen Kuno, self, Sturgis


        Donna DeKraai, SD Education Association
        Ann Tornberg, self, Sioux Falls

MOTION:     AMEND HB 1124

1124ch

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

     "      Section 1. Education in South Dakota is hereby enhanced."


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

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

Voting No:    Gray, Jerstad

MOTION:     DO PASS HB 1124 AS AMENDED

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

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

Voting No:    McNenny, Nesselhuf

MOTION:     AMEND TITLE OF HB 1124

1124ctd

     On page 1, line 1, of the House engrossed bill, delete everything after "Act to" and insert "enhance education in South Dakota.".

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


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

        
HB 1224: provide for the funding of certain reduced tuition programs for veterans.

Presented by:    Representative Mike Buckingham (Document #1)
Opponents:    Tad Perry, SD Board of Regents

MOTION:     DO PASS HB 1224

Moved by:    McNenny
Second by:    Jerstad
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1224

1224cb

     On page 1, line 13, of the House Education Committee engrossed bill, delete " Except as otherwise provided by " and insert " As provided in section 1 of this Act ".

     On page 1, line 14, delete " law ".


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

MOTION:     DO PASS HB 1224 AS AMENDED

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

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

        
HB 1279: align math and science education with South Dakota's historic and unique scientific opportunities, to direct the Department of Education to initiate Project Lead the Way, to develop a clearinghouse for certain educational opportunities, and to provide for an independent analysis of the state's content standards, and to make an appropriation therefor.

Presented by:    Representative Phyllis Heineman
Proponents:    Dick Hall, EDEC, Sioux Falls
        John Brown, National Federation of Independent Business
        Deb Shephard, Lake Area Technical Institute
        David Owen, SD Chamber of Commerce & Industry (Document #2)
        Wade Pogany, Department of Education (Document #3)
        Larry Zikmund, SD Association of Career and Technical Education
Opponents:    Tamara Darnall, Bureau of Finance and Management

MOTION:     AMEND HB 1279

1279cb

     On page 2, after line 23 of the House Engrossed bill, insert:

"      Section 7. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:

    The secretary of the Department of Education shall develop a framework for building a high school for the twenty-first century. The framework shall outline the characteristics of a high school for the twenty-first century and the activities in which high schools can participate to develop those characteristics.

    Each accredited high school in the state shall annually report to the department on the activities taking place in that school relative to the framework and the results of those activities. The department shall, in turn, provide access to the report of each high school on the department's web site.

    The Department of Education may promulgate rules pursuant to chapter 1-26 to provide for the development of the framework, and to establish procedures and timelines for the collection and reporting of the data required by this section."



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

MOTION:     DO PASS HB 1279 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)

MOTION:     AMEND TITLE OF HB 1279

1279cta

     On page 1, line 5, of the House engrossed bill, after "therefor" and insert ", and to require the Department of Education to develop a framework for a high school for the twenty-first century, and to require high schools to report on activities and results relative to that framework.".


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

        
HB 1300: require the Department of Education to develop a framework for a high school for the twenty-first century, and to require high schools to report on activities and results relative to that framework.

Presented by:    Representative Phyllis Heineman
Proponents:    Dick Hall, EDEC, Sioux Falls
        John Brown, National Federation of Independent Business
        Deb Shephard, Lake Area Technical Institute
        David Owen, SD Chamber of Commerce & Industry
        Wade Pogany, Department of Education
        Larry Zikmund, SD Association of Career and Technical Education
Opponents:    Tamara Darnall, Bureau of Finance and Management

MOTION:     AMEND HB 1300

1300ca

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

     "      Section 1. That § 13-6-92 be amended to read as follows:

     13-6-92.   If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional three hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts

consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional two hundred dollars per average daily membership as defined in § 13-13- 10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional one hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

     If two or more school districts consolidate after July 1, 2007, the for the first year after consolidation, each new school district is entitled to an additional six hundred nine hundred dollars per fall enrollment as defined in § 13-13-10.1, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation for each sending district student included in the receiving district's fall enrollment for the first year after consolidation, up to a maximum of four hundred sending district students . If two or more school districts consolidate after July 1, 2007, the for the second year after consolidation, each new school district is entitled to an additional four hundred six hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation for each sending district student included in the receiving district's fall enrollment for the first year after consolidation, up to a maximum of four hundred sending district students . If two or more school districts consolidate after July 1, 2007, the for the third year after consolidation, each new school district is entitled to an additional two hundred three hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation for each sending district student included in the receiving district's fall enrollment for the first year after consolidation, up to a maximum of four hundred sending district students .

     Section 2. For the purposes of this Act, the following terms mean:

             (1)    "New school district," a school district which is formed as the result of a consolidation of two or more school districts;

             (2)    "Receiving district," a new school district in which a secondary attendance center was operated prior to consolidation and is operated after consolidation;

             (3)    "Sending district," a school district which is not a receiving school district whose land has become part of another school district; and

             (4)    "Sending district student," a student who was included in the current fall enrollment as

defined in §  13-13-10.1 of a sending school district for the school year prior to the first year the new school district operates.

     Section 3. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding the provisions of §  13-6-92, if two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to §  13-6-48 no later than July 1, 2008, the new school district is entitled to an additional six hundred dollars per fall enrollment as defined in §  13-13-10.1, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to §  13-6-48 no later than July 1, 2008, the new school district is entitled to an additional four hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to §  13-6-48 no later than July 1, 2008, the new school district is entitled to an additional two hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

     Any school district that receives consolidation incentive payments pursuant to this section may not receive consolidation incentive payments pursuant to §  13-6-92."


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

Voting Yes:    Gray, McNenny, Knudson, Olson (Ed)

Voting No:    Jerstad, Nesselhuf, Peterson (Jim)

MOTION:     DO PASS HB 1300 AS AMENDED

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

Voting Yes:    Gray, McNenny, Knudson, Olson (Ed)

Voting No:    Jerstad, Nesselhuf, Peterson (Jim)

MOTION:     AMEND TITLE OF HB 1300

1300cta

     On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions related to the payment of additional funds to consolidated school districts.".

     On page 1, delete lines 2 and 3.


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

        
HB 1016: establish a new system of funding for the postsecondary technical institutes.

Proponents:    Dick Tieszen, Technical Institutes
        Representative Deb Peters

MOTION:     AMEND HB 1016

1016cd
     Delete the previously adopted amendment (1016cc)

     On page 1, line 10, of the House Education Committee engrossed bill, delete everything after "27" and insert ";" .

     On page 1, delete lines 11 and 12.

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

     On page 2, line 5, delete "(5)" and insert "(4)".

     On page 2, line 9, delete "(6)" and insert "(5)".

     On page 2, line 12, delete "(7)" and insert "(6)".

     On page 2, line 14, delete "(8)" and insert "(7)".

     On page 2, line 17, delete "(9)" and insert "(8)".

     On page 2, line 19, delete "(10)" and insert "(9)".

     On page 2, line 22, delete "(11)" and insert "(10)".

     On page 4, line 6, delete everything after "." .

     On page 4, delete line 7.

     On page 4, line 15, after "auxiliary fund" insert "which shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund.".


Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1016 AS AMENDED

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

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

Excused:    Gray, Nesselhuf

        
HB 1242: require the Department of Education and the Board of Regents to establish certain programs for children who are deaf and hard-of-hearing.

Presented by:    Representative Dan Ahlers (Document #4)
Proponents:    Jodie Adams, self, Tea
        Tanner Kiewel, self, Sioux Falls
        Deanne Curran, Self, Flandreau (Document #5)
        Teresa Nold, self, Sioux Falls
Opponents:    Tad Perry, SD Board of Regents
        Rick Melmer, Department of Education (Document #6)

MOTION:     DO PASS HB 1242

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

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

Excused:    Gray, McNenny

MOTION:     RECONSIDER HB 1291

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

        
HB 1291: allow students who have dyslexia to receive special education or special education and related services.

Presented by:    Senator Royal “Mac” McCracken
Opponents:    Wade Pogany, Department of Education

MOTION:     AMEND HB 1291

1291ca

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

     "
     Section 1. That § 13-55-31 be amended to read as follows:

     13-55-31.   In order to be eligible for a South Dakota opportunity scholarship award, a student shall:

             (1)      Be a resident of South Dakota at the time of graduation from high school;

             (2)      Have a composite score of 24, or higher, on the test administered by the American College Testing Program or a verbal-mathematics score of 1070-1100, on the Scholastic Assessment Test and the ACT or SAT test shall be taken before the student graduates from high school;

             (3)      Meet the high school course requirements as provided in Board of Regents Policy Number 2:3(2)(F) as in effect on January 1, 2003;

             (4)      Attend a university, college, or technical school that is accredited by the North Central Association of Colleges and Schools and that provides instruction from a campus located in South Dakota; and

             (5)      Enter into the program within five years of graduation from high school or within one year of the student's release from active duty with an active component of the armed forces if the release is within five years of the student's graduation from high school. If a student attends full-time a regionally accredited university, college, or technical school located outside South Dakota and within two years following high school graduation or within two years following release from active military service returns to the state to attend full-time a regionally accredited university, college, or technical school, the student is eligible to receive a partial award.

     Notwithstanding requirements in subdivision 13-55-31(3), students excused from public school attendance pursuant to §  13-27-2 shall be eligible to participate in the South Dakota opportunity scholarship program by meeting the requirements in subdivisions 13-55-31(1), 13-55-31(2), 13-55- 31(4), and 13-55-31(5). In addition to meeting the requirements of subdivision 13-55-31(2), such students shall score at least 22 on any subtest of the test administered by the American College Testing Program in order to be eligible for the opportunity scholarship program.

     A student is eligible to participate in the South Dakota opportunity scholarship program for the equivalent of four academic years (eight consecutive spring and fall terms) or until the attainment of a baccalaureate or technical degree, whichever comes first. However, the executive director of the Board of Regents may grant exceptions to the continuous enrollment requirements for good cause shown.

     A student who would have been eligible for the scholarship, but who applies after completing one or more semesters of full-time work at an accredited institution, may be admitted to the program only if the student has complied with the same grade point and credit hour requirements that would apply to program participants. Admission granted under these circumstances may not be retroactive, and eligibility for participation in the program shall be reduced by one semester for each semester of work completed prior to admission to the program. "


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

MOTION:     DO PASS HB 1291 AS AMENDED

Moved by:    Knudson
Second by:    Jerstad
Action:    Failed by roll call vote. (3-2-2-0)

Voting Yes:    Jerstad, Peterson (Jim), Knudson

Voting No:    Nesselhuf, Olson (Ed)

Excused:    Gray, McNenny

MOTION:     ADJOURN

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

Nancy Bloom

____________________________

Committee Secretary
Ed Olson, Chair


../02210745.SED
Page 1