2008 Legislative Session _ 2008

Committee: House Education
Thursday, February 21, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Buckingham
P    DeVries
P    Elliott
P    Gilson
P    Hackl
P    Hills
P    McLaughlin, Vice-Chair
P    Novstrup (Al)
P    Olson (Ryan)
P    Thompson
P    Van Norman
P    Weems
P    Wick
P    Heineman, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Heineman.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 19, 2008

Moved by:    Buckingham
Second by:    Gilson
Action:    Prevailed by voice vote.

        
SB 153: authorize the Governor to enter the Midwestern Regional Higher Education Compact and the Western Regional Education Compact, and to provide for the appointment of resident members to both commissions.


Presented by:    Representative Larry Tidemann
Proponents:    Larry Isaak, self, Minneapolis (Handout #1 & 2)

MOTION:     REFER SB 153 TO APPROPRIATIONS WITH A DO PASS RECOMMENDATION.

Moved by:    Hills
Second by:    McLaughlin
Action:    Prevailed by roll call vote. (12-0-3-0)

Voting Yes:    Bradford, DeVries, Elliott, Gilson, Hackl, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Weems, Heineman

Excused:    Buckingham, Van Norman, Wick

        
SB 26: revise certain provisions regarding the rule making authority of the South Dakota Board of Education for pre-kindergarten programs.

MOTION:     AMEND SB 26

26fb
     On the printed bill, delete everything after the enacting clause and insert:

     "      Section 1. The Department of Education, in collaboration with the Department of Social Services, is directed to undertake a study of the statewide systems of providing preschool in South Dakota. The study shall include consideration of the following factors:

             (1)    Review data regarding the current preschool system in South Dakota;

             (2)    Review potential accreditation standards for preschools;

             (3)    Review potential standards for preschool teacher qualifications;

             (4)    Review potential delivery systems of a state supported preschool system;
            
             (5)    Review potential instructional support for existing preschool providers;

             (6)    Discuss cooperative efforts between public, private, and faith-based preschools;

             (7)    Discuss the potential target population of a state supported preschool system; and

             (8)    Discuss finance mechanisms for a state supported preschool system.

     Section 2. The Governor and the Executive Board of the Legislative Research Council shall appoint an Early Learning Commission to study preschool issues. The Governor shall appoint two public preschool representatives, two private preschool providers, two faith-based providers, one representative of Head Start, one representative of a tribal Head Start, one member of an advocacy organization, two business and industry representatives, one higher education faculty member, and one representative of a licensed child care center. The Executive Board of the Legislative Research Council shall appoint four members of the Legislature including at least one member of each party from both the Senate and House of Representatives.

     Section 3. The Early Learning Commission shall submit a report to the Governor and the Legislature by November 14, 2008."



Moved by:    Bradford
Second by:    Hills
Action:    Failed by roll call vote. (7-5-3-0)

Voting Yes:    Bradford, Elliott, Hills, McLaughlin, Olson (Ryan), Thompson, Heineman

Voting No:    DeVries, Gilson, Hackl, Novstrup (Al), Weems

Excused:    Buckingham, Van Norman, Wick

MOTION:     AMEND SB 26

26oa

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

     "
     Section 1. The Executive Board of the Legislative Research Council shall appoint an interim committee to study the education of sixth to ninth grade students in the state. The committee shall review the processes used to educate students in these classes and to explore ways to re-engage children of these grade ages back into the education process. The committee shall report its findings to the 2009 Legislature by December 1, 2008."


Moved by:    Gilson
Second by:    DeVries
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 26

26fb
     On the printed bill, delete everything after the enacting clause and insert:

     "      Section 1. The Department of Education, in collaboration with the Department of Social Services, is directed to undertake a study of the statewide systems of providing preschool in South Dakota. The study shall include consideration of the following factors:

             (1)    Review data regarding the current preschool system in South Dakota;

             (2)    Review potential accreditation standards for preschools;

             (3)    Review potential standards for preschool teacher qualifications;

             (4)    Review potential delivery systems of a state supported preschool system;
            
             (5)    Review potential instructional support for existing preschool providers;

             (6)    Discuss cooperative efforts between public, private, and faith-based preschools;

             (7)    Discuss the potential target population of a state supported preschool system; and

             (8)    Discuss finance mechanisms for a state supported preschool system.

     Section 2. The Governor and the Executive Board of the Legislative Research Council shall appoint an Early Learning Commission to study preschool issues. The Governor shall appoint two public preschool representatives, two private preschool providers, two faith-based providers, one representative of Head Start, one representative of a tribal Head Start, one member of an advocacy organization, two business and industry representatives, one higher education faculty member, and one representative of a licensed child care center. The Executive Board of the Legislative Research Council shall appoint four members of the Legislature including at least one member of each party from both the Senate and House of Representatives.

     Section 3. The Early Learning Commission shall submit a report to the Governor and the Legislature by November 14, 2008."



Moved by:    Hills
Second by:    Thompson
Action:    Failed by roll call vote. (7-6-2-0)

Voting Yes:    Bradford, Elliott, Hills, McLaughlin, Thompson, Van Norman, Heineman

Voting No:    DeVries, Gilson, Hackl, Novstrup (Al), Olson (Ryan), Weems

Excused:    Buckingham, Wick

MOTION:     AMEND SB 26

26oa

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

     "
     Section 1. The Executive Board of the Legislative Research Council shall appoint an interim committee to study the education of sixth to ninth grade students in the state. The committee shall review the processes used to educate students in these classes and to explore ways to re-engage children of these grade ages back into the education process. The committee shall report its findings to the 2009 Legislature by December 1, 2008."


Moved by:    Gilson
Second by:    DeVries
Action:    Failed by roll call vote. (7-6-2-0)

Voting Yes:    DeVries, Gilson, Hackl, Hills, Novstrup (Al), Olson (Ryan), Weems

Voting No:    Bradford, Elliott, McLaughlin, Thompson, Van Norman, Heineman

Excused:    Buckingham, Wick

MOTION:     DEFER SB 26 TO THE 36TH LEGISLATIVE DAY

Moved by:    Novstrup (Al)
Second by:    Gilson
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 26

26cc

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

     "Section 1. The Department of Education, in collaboration with the Department of Social Services, is directed to undertake a study of the statewide systems of providing preschool in South Dakota. The study shall include consideration of the following factors:

             (1)    Review data regarding the current preschool system in South Dakota;

             (2)    Review potential accreditation standards for preschools;

             (3)    Review potential standards for preschool teacher qualifications;

             (4)    Review potential delivery systems of a state supported preschool system;
            
             (5)    Review potential instructional support for existing preschool providers, including home school providers;

             (6)    Discuss cooperative efforts between public, private, and faith-based preschools;

             (7)    Discuss the potential target population of a state supported preschool system; and

             (8)    Discuss finance mechanisms for a state supported preschool system.

     Section 2. The Governor and the Executive Board of the Legislative Research Council shall appoint an Early Learning Commission to study preschool issues. The Governor shall appoint two public preschool representatives, two private preschool providers, two faith-based providers, one representative of Head Start, one representative of a tribal Head Start, one member of an advocacy organization, two business and industry representatives, one higher education faculty member, and one representative of a licensed child care center. The Executive Board of the Legislative Research Council shall appoint four members of the Legislature including at least one member of each party from both the Senate and House of Representatives.

     Section 3. The Early Learning Commission shall submit a report to the Governor and the Legislature by November 14, 2008."



Moved by:    Bradford
Second by:    Van Norman
Action:    Failed by roll call vote. (7-8-0-0)

Voting Yes:    Bradford, Elliott, Hills, McLaughlin, Thompson, Van Norman, Heineman

Voting No:    Buckingham, DeVries, Gilson, Hackl, Novstrup (Al), Olson (Ryan), Weems, Wick

MOTION:     DEFER SB 26 TO THE 36TH LEGISLATIVE DAY

Moved by:    Novstrup (Al)
Second by:    Gilson
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 26

26cd

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

     "Section 1. The Department of Education, in collaboration with the Department of Social Services, is directed to undertake a study of the statewide systems of providing preschool in South Dakota. The study shall include consideration of the following factors:

             (1)    Review data regarding the current preschool system in South Dakota;

             (2)    Review potential accreditation standards for preschools;

             (3)    Review potential standards for preschool teacher qualifications;

             (4)    Review potential delivery systems of a state supported preschool system;
            
             (5)    Review potential instructional support for existing preschool providers;

             (6)    Discuss cooperative efforts between public, private, and faith-based preschools;

             (7)    Discuss the potential target population of a state supported preschool system; and

             (8)    Discuss finance mechanisms for a state supported preschool system.

     Section 2. The Governor and the Executive Board of the Legislative Research Council shall appoint an Early Learning Commission to study preschool issues. The Governor shall appoint two public preschool representatives, two private preschool providers, two faith-based providers, one representative of Head Start, one representative of a tribal Head Start, one member of an advocacy organization, two business and industry representatives, and two representatives of a licensed child

care center. The Executive Board of the Legislative Research Council shall appoint four members of the Legislature including at least one member of each party from both the Senate and House of Representatives.

     Section 3. The Early Learning Commission shall submit a report to the Governor and the Legislature by November 14, 2008."



Moved by:    Buckingham
Second by:    McLaughlin
Action:    Prevailed by roll call vote. (8-7-0-0)

Voting Yes:    Bradford, Buckingham, Elliott, Hills, McLaughlin, Thompson, Van Norman, Heineman

Voting No:    DeVries, Gilson, Hackl, Novstrup (Al), Olson (Ryan), Weems, Wick

MOTION:     DO PASS SB 26 AS AMENDED

Moved by:    Buckingham
Second by:    McLaughlin
Action:    Failed by roll call vote. (7-8-0-0)

Voting Yes:    Bradford, Buckingham, Elliott, Hills, McLaughlin, Thompson, Heineman

Voting No:    DeVries, Gilson, Hackl, Novstrup (Al), Olson (Ryan), Van Norman, Weems, Wick

MOTION:     DEFER SB 26 AS AMENDED TO THE 36TH LEGISLATIVE DAY

Moved by:    Hackl
Second by:    DeVries
Action:    Prevailed by roll call vote. (10-5-0-0)

Voting Yes:    Buckingham, DeVries, Gilson, Hackl, McLaughlin, Novstrup (Al), Olson (Ryan), Van Norman, Weems, Wick

Voting No:    Bradford, Elliott, Hills, Thompson, Heineman

        
SB 99: exempt certain school districts from the requirement to reorganize due to low enrollment.

Presented by:    Senator Kenneth Albers
Proponents:    Representative Margaret Gillespie
        Greg Heeren, self, West Akron
        Lance Nielsen, self, West Akron
        Derek Briggs, self, West Akron (Handout #3,4,&5)
        Ron Flynn, self, Akron, Iowa (Handout #6 & 7)
        Cindy Waterman, self, Hawarden (Handout #8)
        Larry Nelson, Greater Hoyt School District
        Larry Nelson, Greater Scott School District 61-5 (Handout #9)
Opponents:    Rick Melmer, Department of Education
        Jerry Joachim, self, Alcester (Handout #10 & 11)
        Keith Anderson, self, Alcester

MOTION:     DEFER SB 99 TO THE 36TH LEGISLATIVE DAY

Moved by:    McLaughlin
Second by:    Gilson
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS SB 99

Moved by:    Van Norman
Second by:    Elliott
Action:    Prevailed by roll call vote. (8-7-0-0)

Voting Yes:    Bradford, DeVries, Elliott, Hackl, Hills, Novstrup (Al), Thompson, Van Norman

Voting No:    Buckingham, Gilson, McLaughlin, Olson (Ryan), Weems, Wick, Heineman

        
SB 181: create the South Dakota secondary teachers tuition reimbursement and loan forgiveness program and to make an appropriation therefor.

Presented by:    Representative Paul Nelson
Proponents:    John Pedersen, School Administrator of South Dakota
        Sandra Waltman, SD Education Association
Opponents:    Melody Schopp, Department of Education (Handout #12)

MOTION:     REFER SB 181 TO APPROPRIATIONS WITH A DO PASS RECOMMENATION.

Moved by:    Hills
Second by:    Hackl
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 181 TO THE 36TH LEGISLATIVE DAY

Moved by:    Novstrup (Al)
Second by:    Weems
Action:    Prevailed by roll call vote. (10-5-0-0)

Voting Yes:    Bradford, Buckingham, Gilson, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Weems, Wick, Heineman

Voting No:    DeVries, Elliott, Hackl, Hills, Van Norman

        
SB 201: revise certain eligibility requirements for the South Dakota opportunity scholarship.

Presented by:    Dale Bertsch, Governor's Office
Proponents:    Paul Turman, Board of Regents
Information: Senator Jerry Apa
MOTION:     AMEND SB 201

201cc

     On page 1, line 14, of the Senate Appropriations Committee engrossed bill, after " after " insert " , and any eligible student who graduated from high school in 2007, and who also maintained a 4.0 grade point average on a 4.0 scale during the student's first semester of postsecondary education in the fall of 2008. ".


Moved by:    Buckingham
Second by:    Wick
Action:    Failed by voice vote.

MOTION:     AMEND SB 201

201cd

     On page 1, line 8, of the Senate Appropriations Committee engrossed bill, delete " 24 23 " and insert "24".

     On page 1, line 12, delete everything after " enrollment " .

     On page 1, delete line 13.

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


Moved by:    DeVries
Second by:    Gilson
Action:    Prevailed by roll call vote. (10-5-0-0)

Voting Yes:    Buckingham, DeVries, Gilson, Hackl, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Wick, Heineman

Voting No:    Bradford, Elliott, Hills, Van Norman, Weems

MOTION:     AMEND SB 201

201ce

     On page 1, line 11, of the Senate Appropriations Committee engrossed bill, remove the overstrikes from everything after "before the" .

     On page 1, line 12, delete everything before " . " .

     On page 3, line 22, delete everything after "Complete" and insert "fifteen credit hours of instruction per semester".

     On page 3, delete line 23.

     On page 3, delete line 24, and insert ". The student shall enroll in and complete at least fifteen".

     On page 4, line 1, delete everything after "." .

     On page 4, delete lines 2 and 3.

     On page 4, line 4, delete everything before "If" .


Moved by:    Weems
Second by:    Wick
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 201

201cf

     On the Senate Appropriations Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.


Moved by:    Van Norman
Second by:    Bradford
Action:    Failed by roll call vote. (4-11-0-0)

Voting Yes:    Bradford, Elliott, Hills, Van Norman

Voting No:    Buckingham, DeVries, Gilson, Hackl, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Weems, Wick, Heineman

MOTION:     AMEND SB 201

201ce

     On page 1, line 11, of the Senate Appropriations Committee engrossed bill, remove the overstrikes from everything after "before the" .

     On page 1, line 12, delete everything before " . " .

     On page 3, line 22, delete everything after "Complete" and insert "fifteen credit hours of instruction per semester".

     On page 3, delete line 23.

     On page 3, delete line 24, and insert ". The student shall enroll in and complete at least fifteen".

     On page 4, line 1, delete everything after "." .

     On page 4, delete lines 2 and 3.

     On page 4, line 4, delete everything before "If" .


Moved by:    Weems
Second by:    Wick
Action:    Prevailed by roll call vote. (9-6-0-0)

Voting Yes:    Buckingham, Gilson, Hackl, McLaughlin, Novstrup (Al), Olson (Ryan), Weems,

Wick, Heineman

Voting No:    Bradford, DeVries, Elliott, Hills, Thompson, Van Norman

MOTION:     DO PASS SB 201 AS AMENDED

Moved by:    Gilson
Second by:    Weems
Action:    Prevailed by roll call vote. (10-5-0-0)

Voting Yes:    Buckingham, Gilson, Hackl, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Weems, Wick, Heineman

Voting No:    Bradford, DeVries, Elliott, Hills, Van Norman

        
SB 27: repeal the state requirement for inspection of school food service programs.

        THE CHAIR DEFERRED SB 27 UNTIL FEBRUARY 22, 2008

MOTION:     ADJOURN

Moved by:    Weems
Second by:    Gilson
Action:    Prevailed by voice vote.

Jeanette Black

____________________________

Committee Secretary
Phyllis M. Heineman, Chair


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