92^nd Legislative Session _ 2017

Committee: Senate Education

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Heinert
P    Jensen (Phil)
P    Klumb
P    Monroe
P    Soholt
P    Solano, Vice-Chair
P    Bolin, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Bolin, Chairman.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 14, 2017

Moved by:    Klumb
Second by:    Soholt
Action:    Prevailed by voice vote.

    SB 126: require the Department of Education to use a competitive bidding process when acquiring academic assessments.

Presented by:    Senator Jensen (Phil)
Proponents:    Jane Robbins, self, Georgia
        Tonchi Weaver, South Dakota Citizens for Liberty, Inc.
        Florence Thompson, South Dakota Parents Involved In Education
        Linda Schauer, Concerned Women For America Legislative Action Committee
        Mary Scheel Buysse, South Dakotans Against Common Core
        Representative May
Opponents:    Melody Schopp, Department of Education (Handout: #1)
        Wade Pogany, Associated School Boards of South Dakota

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        Sarah Lutz, self, Ft. Pierre
        Robert Monson, School Administrators of South Dakota
        Mary McCorkle, South Dakota Education Association
        Paul Turman, Board of Regents
        Paul Turman, Pierre School Board
        Mitch Richter, South Dakota United School Association

MOTION:    AMEND SB 126

126ca

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

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    Section 1. That chapter 13-3 be amended by adding a NEW SECTION to read:

    The Board of Education shall end the state's involvement with the Common Core State Standards Initiative no later that June 30, 2018. Further, it is the policy of the State of South Dakota that no multistate educational standards related to, similar to, or associated with the Common Core State Standards Initiative may be adopted in this state.

    Section 2. That chapter 13-3 be amended by adding a NEW SECTION to read:

    No later than June 30, 2018, the Board of Education shall adopt and implement academic content standards for each grade, kindergarten through twelfth grade, in language arts, mathematics, science and social studies that are the same as the academic content standards in effect in Massachusetts during the 2008-2009 school year. Any reference to Massachusetts in the standards shall be changed in any appropriate instance to South Dakota, and any state history or government academic content standards shall be changed to reflect the history and government of this state. Within ten days of the adoption of the academic content standards, the Department of Education shall distribute the standards to all accredited schools in the state and make the standards available to the public on the department's website.

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

    At least five years following the adoption of the academic content standards pursuant to section 2 of this Act, the secretary of education shall prepare new academic content standards for each grade, kindergarten through twelfth grade, in language arts, mathematics, science and social studies that are distinct from and not aligned with any academic content standards that were previously adopted in South Dakota. The new academic content standards shall emphasize coherence, focus, and essential knowledge and shall have evidence of successful application. No new academic content standards may be implemented until the standards are approved by both houses of the Legislature by

concurrent resolution. Prior to the approval of the standards, the Senate and House standing committees on Education shall each conduct at least one public hearing on the proposed standards, and shall provide the public with at least two weeks notice before the public hearing is held.

    Section 4. That chapter 13-3 be amended by adding a NEW SECTION to read:

    No later than June 30, 2018, the Department of Education shall adopt statewide assessments of student achievement based on the statewide assessments used in Massachusetts during the 2008-2009 school year. The department shall provide the assessments to each public school district for use no later than the spring semester following the adoption of the academic content standards pursuant to section 2 of this Act.

    Section 5. That chapter 13-3 be amended by adding a NEW SECTION to read:

    No sooner than five years following the adoption of the statewide assessments of student achievement pursuant to section 4 of this Act and at intervals of five years thereafter, the department may propose revised statewide assessments. No revised assessments proposed by the department may be implemented until the assessments are approved by both houses of the Legislature by concurrent resolution. Prior to the approval of the assessments, the Senate and House standing committees on education shall each conduct at least one public hearing on the proposed assessments, and shall provide the public with at least two weeks notice before the public hearing is held.

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

    Any statewide assessment proposed as provided in sections 4 and 5 of this Act shall meet the following requirements:

            (1)    The assessment may not require computer technology, although computer technology may be used; and

            (2)    The assessment may not include the collection of any data about the values, attitudes, beliefs, or personality traits of the student or any member of the student's family; and

            (3)    The assessment also may not include the collection of any medical, behavioral, mental, biometric, or psychometric data relating to the student or any member of the student's family.

    Each year, within thirty days after a statewide assessment is administered, the department shall post the statewide aggregate results and the aggregate results by school district on the department's website for review by school administrators, teachers, and parents.

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

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    The secretary of education shall respect and support the ultimate right of a parent to opt a child out of public school or any public school activity, practice, or any statewide assessment that the parent finds unacceptable with no negative repercussions to, or financial impact on, the child, parent, or school, and with no interference from the state.

    Section 8. That chapter 13-3 be amended by adding a NEW SECTION to read:

     The secretary of education, the Board of Education, any employee of the Department of Education, or any other state government employee may not join any consortium or any other organization if participation in the consortium or organization would provide any measure of control over any aspect of public education in the State of South Dakota to that consortium or organization.

    Section 9. That § 13-3-48 be repealed.

    13-3-48. The secretary of the Department of Education shall prepare and submit for approval of the South Dakota Board of Education a standards revision cycle and content standards for kindergarten through grade twelve.

    Section 10. That § 13-3-48.1 be repealed.

    13-3-48.1. Prior to July 1, 2016, the Board of Education may not, pursuant to § 13-3-48, adopt any uniform content standards drafted by a multistate consortium which are intended for adoption in two or more states. However, this section does not apply to content standards whose adoption by the Board of Education was completed and finalized prior to July 1, 2014. However, nothing in this section prohibits the board from adopting standards drafted by South Dakota educators and professionals which reference uniform content standards, provided that the board has conducted at least four public hearings in regard to those standards.

    Section 11. That § 13-3-55 be repealed.

    13-3-55. Every public school district shall annually administer the same assessment to all students in grades three to eight, inclusive, and in grade eleven. The assessment shall measure the academic progress of each student. Every public school district shall annually administer to all students in at least two grade levels an achievement test to assess writing skills. The assessment instruments shall be provided by the Department of Education, and the department shall determine the two grade levels to be tested. The tests shall be administered within timelines established by the Department of Education by rules promulgated pursuant to chapter 1-26 starting in the spring of the 2002-2003 school year. Each state-designed test shall be correlated with the state's content standards. The South Dakota Board of Education may promulgate rules pursuant to chapter 1-26 to provide for administration of all assessments.

    Section 12. That § 13-3-89 be repealed.

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    13-3-89. The Board of Education, prior to adopting content standards pursuant to § 13-3-48, shall conduct, over a period of no less than six months, at least four public hearings. The purpose of the hearings is to give members of the public the opportunity to provide input to the board on whether the standards being proposed should be adopted and implemented in South Dakota. The board shall conduct at least one of the public hearings in each of the following cities: Aberdeen, Pierre, Rapid City, and Sioux Falls. No public hearing required pursuant to this section is valid unless a quorum of the board is physically present at each of these public hearings.

    
    Section 13. That § 13-1-12.1 be amended to read:

    13-1-12.1. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 to establish standards for the classification and accreditation of schools within this state, to establish standards for preparation of certified personnel, to set forth procedures for determining the eligibility of school districts to receive state aid to education funding, to adopt policies and rules necessary to establish standards and procedures for career and technical education, and to establish curriculum requirements for a recommended high school program for all public and nonpublic schools within the state. The recommended high school program shall include a rigorous high school curriculum in both academic and career and technical courses. The requirements of the recommended program shall be aligned to the academic content standards developed pursuant to § 13-3-48 section 2 or section 3 of this Act and shall, at a minimum, include the content standards tested pursuant to § 13-3-55 section 4 or section 5 of this Act.

    Nothing in this section authorizes the board to require the use of specifically designated curriculum or methods of instruction.

    Section 14. That § 13-3-84 be amended to read:

    13-3-84. If a student is partially enrolled in a school district pursuant to § 13-28-41 or 13-28-51, and the student's enrollment is equal to or greater than fifty percent, that student is required to take any academic achievement test administered by the school district pursuant to § 13-3-55 section 4 or section 5 of this Act. If a student's partial enrollment in a school district is less than fifty percent, the student is not required to take any academic achievement test administered by the school district pursuant to § 13-3-55 section 4 or section 5 of this Act.

    Section 15. That § 13-26-1.1 be amended to read:

    13-26-1.1. The amount of instructional time spent to administer statewide academic assessments required pursuant to § 13-3-55 section 4 or section 5 of this Act in any school district in any school year may not exceed two percent of the total number of instructional hours required in a school year pursuant to § 13-26-1. "

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Moved by:    Monroe
Second by:    Klumb
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 126 AS AMENDED

Moved by:    Jensen (Phil)
Second by:    Monroe
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DEFER SB 126 TO THE 41^ST LEGISLATIVE DAY

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

Voting Yes:    Heinert, Klumb, Soholt, Solano, Bolin

Voting No:    Jensen (Phil), Monroe

    SB 177: revise certain provisions regarding the participation of home school students in certain interscholastic activities.

Presented by:    Representative Peterson (Sue)
Proponents:    Joel Brunick, self, Garretson
Opponents:    Melody Schopp, Department of Education
        Lindsay Riter-Rapp, SD Highschool Activities Association
        John Krogstrand, SD Highschool Activities Association
        Dianna Miller, Large School Group

MOTION:    AMEND SB 177

177bc

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

"    Section 1. That subdivision (2A) of § 13-13-10.1 be amended to read:

            (2A)    "Fall enrollment," the number of 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 plus 0.1 times the number of students receiving alternative instruction who participate in interscholastic activities pursuant to section 2 of this Act minus the number

of students for whom the district receives tuition, except 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 students for whom the district pays tuition. When computing state aid to education for a school district pursuant to § 13-13-73, the secretary of the Department of Education shall use the school district's fall enrollment;

    Section 2. That § 13-36-7 be amended to read:

    13-36-7. Any student enrolling in a South Dakota district pursuant to § 13-15-21 is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association. If the school board or governing body of an accredited school approves, a Any student receiving alternative instruction pursuant to § 13-27-3 is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association. Nothing in this section confers any vested right in any student wishing to participate in any interscholastic activity to be selected for competition in such activity. However, any accredited school student who leaves an accredited program during the course of the school year for any reason and enters an alternative instruction program is ineligible for participation in interscholastic activities for one year beginning on the date in which the student enters the alternative program. Participation in any interscholastic activity by a student receiving alternative instruction shall in no way affect the student's public school exemption certificate.

    Section 3. That chapter 13-36 be amended by adding a NEW SECTION to read:

    Each student receiving alternative instruction that participates in up to three interscholastic activities within the district shall be counted a 0.1 student towards the school's fall enrollment pursuant to § 13-13-10.1.

    Section 4. That chapter 13-36 be amended by adding a NEW SECTION to read:

    A student receiving alternative instruction shall be deemed academically eligible to participate in interscholastic activities if:

            (1)    The student is in compliance with all requirements of alternative instruction;

            (2)    The student's public school exemption certificate has not been revoked; and

            (3)    The school board has not refused to renew the student's public school exemption certificate because of less than satisfactory academic progress.

    A student academically ineligible to participate in any interscholastic activity while enrolled in

an accredited school who transfers to an alternative instruction program shall be ineligible to participate in any accredited school interscholastic activity for forty-five days after entering the alternative instruction program and the student is eligible pursuant to section 4 of this Act.

    Section 5. That chapter 13-36 be amended by adding a NEW SECTION to read:

    A student receiving alternative instruction participating, or seeking to participate, in any accredited school interscholastic activity shall comply with all rules and policies that are applicable to students enrolled in an accredited school and pay the same fees that students enrolled in an accredited school are required to pay if the rules and policies are not inconsistent with this Act.

    Section 6. That chapter 13-36 be amended by adding a NEW SECTION to read:

     A school district has no duty to transport a student receiving alternative instruction to the school for interscholastic activity practices, meetings, or events. Students receiving alternative instruction may not be prohibited from riding on buses or other forms of transportation with the team to any event away from the local accredited school if the team is being transported by bus or other form of transportation.

    Section 7. Sections 1 and 3 of this Act are effective on July 1, 2018."

Moved by:    Monroe
Second by:    Soholt
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED SB 177 AS AMENDED UNTIL FEBRUARY 21, 2017

MOTION:    ADJOURN

Moved by:    Heinert
Second by:    Klumb
Action:    Prevailed by voice vote.

Mona Oehlerking

Committee Secretary

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