91
st Legislative Session _ 2016
Committee: House Education
Monday, February 08, 2016
P - Present
E - Excused
A - Absent
Roll Call
P Campbell
P Deutsch
P Gibson
P Hawks
P Holmes
P Hunt
E Kaiser
P Klumb
E May
P McCleerey
P Tulson
P Wollmann
P Zikmund
P Johns, Vice-Chair
P Sly, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative, Jacqueline Sly.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 3, 2016 MEETING
Moved by: Zikmund
Second by: Hunt
Action: Prevailed by voice vote.
HB 1191: revise certain provisions regarding the critical teaching needs scholarship program.
Presented by: Representative Tulson
MOTION: TO TABLE HB 1191
Moved by: Holmes
Second by: Zikmund
Action: Prevailed by roll call vote. (13-0-2-0)
Voting Yes: Campbell, Deutsch, Gibson, Hawks, Holmes, Hunt, Klumb, McCleerey, Tulson,
Wollmann, Zikmund, Johns, Sly
Excused: Kaiser, May
HB 1169: allow a school district to operate an attendance center within another school
district.
Presented by: Representative Wollmann
Proponents: Senator Peters
Diana Miller, Large School Group
Tami Darnall, South Dakota Department of Education
Opponents: Christopher Jung, Association of Hutterian Churches
MOTION: AMEND HB 1169
1169ca
On page 1 of the printed bill, delete lines 9 to 14, inclusive.
On page 2, delete lines 1 to 3, inclusive.
On page 2, delete lines 8 to 13, inclusive.
Moved by: Gibson
Second by: Hawks
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1169 AS AMENDED
Moved by: Gibson
Second by: Hunt
Action: Prevailed by roll call vote. (10-3-2-0)
Voting Yes: Deutsch, Gibson, Hawks, Holmes, Hunt, McCleerey, Wollmann, Zikmund, Johns,
Sly
Voting No: Campbell, Klumb, Tulson
Excused: Kaiser, May
HB 1136: revise certain provisions regarding the annual report provided by the Board of
Regents to the Council on Higher Education Policy Goals, Performance, and Accountability,
and to declare an emergency.
Presented by: Representative Munsterman (Handouts: #1)
Proponents: Liza Clark, Governor's Office
MOTION: AMEND HB 1136
1136oa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 13-48A-7 be amended to read:
13-48A-7. The Board of Regents and the Board of Education shall each provide to the Council
on Higher Education Policy Goals, Performance, and Accountability Legislative Planning Committee
an annual accountability report as determined by the committee. The initial accountability report, to
be provided to the council in 2013, shall contain, for each of the postsecondary education institutions
under the respective board's control, information on the following:
(1) Improvements in on-time degree completions;
(2) Affordability for students;
(3) The placement of graduates in jobs or further study in South Dakota; and
(4) Improvements in the percentages of graduates who are successful in passing licensure,
certification, or exit exams administered by third parties.
The council shall determine the content of subsequent accountability reports.
Section 2. That § 13-48A-1 be repealed.
13-48A-1. Terms used in this chapter mean:
(1) "Average state appropriation per higher education student," the average state general fund
appropriation for each student enrolled in an institution of higher education under the
control of the Board of Regents for the previous fiscal year as determined by the Bureau
of Finance and Management;
(2) "Full-time equivalent," at the postsecondary technical institutes equals thirty credit hours
of instruction per year, and at the institutions under the control of the Board of Regents
equals thirty credit hours of instruction per year for undergraduates, twenty-four credit
hours of instruction per year for students seeking master's and doctoral degrees, thirty
credit hours of instruction per year for students in law school, and thirty-eight credit hours
of instruction per year for students in medical school;
(3) "Projected state general fund increase," the estimated percentage change in state general
fund revenue, as submitted by the Governor pursuant to § 4-7-10 or as adopted by the
standing committees on appropriations;
(4) "Public postsecondary education institutions," the postsecondary technical institutes under
the control of the Board of Education and the institutions of higher education under the
control of the Board of Regents; and
(5) "Public postsecondary education systems," the system of postsecondary technical
institutes under the control of the Board of Education and the system of institutions of
higher education under the control of the Board of Regents.
Section 3. That § 13-48A-2 be repealed.
13-48A-2. The Legislature hereby finds, and declares to be the public policy of this state, that
the purpose of public postsecondary education is to provide the following:
(1) A workforce that meets the current and prospective needs of the state's economy;
(2) Affordable postsecondary educational opportunities for all state citizens;
(3) Access to postsecondary education programs that serve to increase the educational
attainment of the state's citizenry and thereby enable citizens to provide leadership in all
sectors of life in the state; and
(4) A foundation upon which the state can grow the development and innovation capacities
of the state's economy.
Section 4. That § 13-48A-5 be repealed.
13-48A-5. There is hereby created the Council on Higher Education Policy Goals, Performance,
and Accountability. The council shall consist of the following members:
(1) The Governor or the Governor's designee;
(2) The secretary of the Department of Labor and Regulation;
(3) The commissioner of the Governor's Office of Economic Development;
(4) The commissioner of the Bureau of Finance and Management;
(5) Three members of the House of Representatives, appointed by the speaker of the House
of Representatives. No more than two of the members may be from the same political
party;
(6) Three members of the Senate, appointed by the president pro tempore of the Senate. No
more than two of the members may be from the same political party;
(7) Two members of the Board of Regents;
(8) The executive director of the Board of Regents;
(9) The secretary of the Department of Education;
(10) One member of the State Board of Education who shall serve for one year and be
appointed by the secretary of the Department of Education;
(11) One local school board member from a school district where a postsecondary technical
institute is located who shall serve for one year and be appointed by the secretary of the
Department of Education;
(12) One superintendent from a school district where a postsecondary technical institute is
located who shall serve for one year and be appointed by the secretary of the Department
of Education;
(13) A president of an institution of higher education under the control of the Board of Regents
who shall serve for one year and be determined by a rotating order based on the year of
the establishment of the institution; and
(14) A president of a public postsecondary technical institute who shall serve for one year and
be determined by a rotating order based on the year of the establishment of the
postsecondary technical institute.
The Governor or the Governor's designee shall serve as the chair of the council. In 2013 and
2014, the council shall meet once each year to monitor the progress of the public postsecondary
education systems and institutions toward the goals established in § 13-48A-3.
Section 5. That § 13-48A-6 be repealed.
13-48A-6. Beginning in 2015, and in every year immediately following a gubernatorial election
thereafter, the Council on Higher Education Policy Goals, Performance, and Accountability shall
meet to review, endorse, and recommend to the executive branch, the Legislature, and the respective
postsecondary education governing boards the four-year goals for the public postsecondary education
systems and institutions and the performance metrics by which the council will monitor the progress
toward those goals. The initial goals established by the council shall take effect on July 1, 2015, and
subsequent goals will take effect every four years thereafter. In intervening years, the council shall
meet annually to monitor the progress toward the goals. When establishing goals and performance
metrics, the council shall draw upon public input from any persons who may be concerned or
knowledgeable in these areas. A majority of the members appointed to the council constitutes a
quorum for the purposes of conducting business. Any action may be taken by a vote of the majority
of the members present at a meeting. The duties of the council include only those stipulated in this
chapter and do not impinge on the constitutional powers and duties of the Board of Regents or the
legislative powers and duties of the Board of Education or include participation in the operation,
management, or oversight of any postsecondary education institution in the state.
Section 6. That § 13-48A-8 be repealed.
13-48A-8. To achieve the public purpose and goals established for postsecondary education in
the state pursuant to this chapter, the state funding for the higher education system may be calculated
as follows:
(1) If the projected state general fund increase allows, the higher education system may
receive funding through the normal budgeting process for performance funding. Any sum
appropriated from the general fund for the purpose of performance funding shall be
provided to the Board of Regents. The Board of Regents shall then determine the
allocation of funds to the institutions it governs that reflect institutional performance and
system strategic investments. For fiscal years 2014 and 2015, funds appropriated for
performance funding shall be awarded to the higher education institutions based on
improvements in the following areas:
(a) One-half of the performance funding shall be based on the number of new
graduates with special emphasis on those graduates with degrees in science,
technology, engineering, and mathematics or other critical need areas as
determined by the Council on Higher Education Policy Goals, Performance, and
Accountability established in § 13-48A-5; and
(b) One-half of the funding shall be based on the growth of expenditures for research;
For fiscal year 2016 and in subsequent fiscal years, the performance funding shall be
awarded to the Board of Regents based on criteria established by the Council of Higher
Education Policy Goals, Performance and Accountability; and
(2) If the higher education system receives the performance funding in subdivision (1), and
the cost of the performance funding is less than the projected state general fund increase,
the higher education institutions may also receive, through the normal budgeting process,
a mission expansion increase calculated pursuant to this subsection to reflect expanded
student services and increases in enrollments and credit hour completions. If the
performance funding provided pursuant to subdivision (1), and the amount calculated in
this subdivision for a mission expansion increase is greater than the projected state
general fund increase, each higher education institution shall receive a pro rata share of
the total amount calculated. The mission expansion increase shall be calculated as
follows:
(a) Each institution of higher education shall receive a payment equal to one-half of
the average state appropriation per higher education student for each full-time
equivalent enrollment in the previous fiscal year that exceeded the total full-time
equivalent enrollment in the year preceding the previous fiscal year; and
(b) Each institution of higher education shall also receive a payment equal to one-half
of the average state appropriation per higher education student for each full-time
equivalent of credit hour completions in the previous fiscal year that exceeded the
total full-time equivalent of credit hour completions in the year preceding the
previous fiscal year. The full-time equivalent of credit hour completions for which
an institution is entitled to a payment pursuant to this section shall be calculated
as follows:
(i) For the previous fiscal year, at each degree level, divide the total number of
credit hours completed at that institution by the number of credit hours
required to be a full-time equivalent student;
(ii) For the year prior to the previous fiscal year, at each degree level, divide the
total number of credit hours completed at that institution by the number of
credit hours required to be a full-time equivalent student;
(iii) If the product of subsection (i) is greater than the product of subsection (ii),
calculate the difference between the two at each degree level; and
(iv) Add together the results for each degree level;
In addition to the mission expansion funding calculated pursuant to this subsection, the
Legislature may also provide additional funding to institutions of higher education for the
expansion of program mission; and
(3) If the higher education system receives the performance funding in subdivision (1) and
the mission expansion increase in subdivision (2), and the cost of both of the increases is
less than the projected state general fund increase, the higher education system may
receive, through the normal budgeting process, an operating budget inflationary increase
equal to 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. For the purpose of this section, the
operating budget does not include any portion of the budget that contains funding for
salaries and benefits for any employees provided by the Legislature through the General
Appropriations Act. "
Moved by: Johns
Second by: Gibson
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1136 AS AMENDED
Moved by: Klumb
Second by: Gibson
Action: Prevailed by roll call vote. (13-0-2-0)
Voting Yes: Campbell, Deutsch, Gibson, Hawks, Holmes, Hunt, Klumb, McCleerey, Tulson,
Wollmann, Zikmund, Johns, Sly
Excused: Kaiser, May
MOTION: AMEND TITLE OF HB 1136
1136ota
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "eliminate the
Council on Higher Education Policy Goals, Performance, and Accountability and to transfer its
functions to the Legislative Planning Committee.".
On page 1, delete lines 2 and 3.
Moved by: Klumb
Second by: Hunt
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Hunt
Second by: Klumb
Action: Prevailed by voice vote.
Shirley Ellwein
____________________________
Committee Secretary
Jacqueline Sly, Chair
../02080745.HED
Page 1