94
th Legislative Session _ 2019
Committee: House Education
Wednesday, February 20, 2019
P - Present
E - Excused
A - Absent
Roll Call
P Brunner
P Deutsch
P Johns
P Latterell
P Marty
P Olson
E Randolph
P Rasmussen
P Reimer
P Steele
P Wiese
E Healy
P Ring
P Glanzer, Vice-Chair
P Greenfield (Lana), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Lana Greenfield.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 13, 2019
Moved by: Brunner
Second by: Reimer
Action: Prevailed by voice vote.
HB 1149: provide an appropriation for the Native American achievement schools grant
program.
Proponents: Senator Troy Heinert
Opponents: Derek Johnson, Bureau of Finance and Management
MOTION: DEFER HB 1149 TO THE 41
ST LEGISLATIVE DAY
Moved by: Deutsch
Second by: Latterell
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1149
Moved by: Olson
Second by: Ring
Action: Failed by roll call vote. (4-9-2-0)
Voting Yes: Johns, Olson, Rasmussen, Ring
Voting No: Brunner, Deutsch, Latterell, Marty, Reimer, Steele, Wiese, Glanzer, Greenfield
(Lana)
Excused: Randolph, Healy
MOTION: DEFER HB 1149 TO THE 41
ST LEGISLATIVE DAY
Moved by: Deutsch
Second by: Latterell
Action: Prevailed by roll call vote. (9-4-2-0)
Voting Yes: Brunner, Deutsch, Latterell, Marty, Reimer, Steele, Wiese, Glanzer, Greenfield
(Lana)
Voting No: Johns, Olson, Rasmussen, Ring
Excused: Randolph, Healy
HB 1150: establish a nonbeneficiary student scholarship program for certain students
attending tribally controlled colleges and to make an appropriation therefor.
Proponents: Representative Shawn Bordeaux
Senator Troy Heinert
Opponents: Brittni Skipper, Bureau of Finance and Management
MOTION: DO PASS HB 1150
Moved by: Ring
Second by: Rasmussen
Action: Failed by roll call vote. (3-10-2-0)
Voting Yes: Rasmussen, Steele, Ring
Voting No: Brunner, Deutsch, Johns, Latterell, Marty, Olson, Reimer, Wiese, Glanzer,
Greenfield (Lana)
Excused: Randolph, Healy
MOTION: DEFER HB 1150 TO THE 41
ST LEGISLATIVE DAY
Moved by: Brunner
Second by: Reimer
Action: Prevailed by roll call vote. (9-4-2-0)
Voting Yes: Brunner, Deutsch, Johns, Marty, Olson, Reimer, Wiese, Glanzer, Greenfield (Lana)
Voting No: Latterell, Rasmussen, Steele, Ring
Excused: Randolph, Healy
HB 1220: accommodate legislation to enhance education.
Proponents: Representative Lana Greenfield
MOTION: AMEND HB 1220
1220ka
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 13-13-10.1 be amended to read:
13-13-10.1. The education funding terms and procedures referenced in this chapter are defined
as follows:
(1) Repealed by SL 2016, ch 83, § 4;
(1A) Nonresident students who are in the care and custody of the Department of Social
Services, the Unified Judicial System, the Department of Corrections, or other state
agencies and are attending a public school may be included in the fall enrollment of the
receiving district when enrolled in the receiving district;
(2) Repealed by SL 2016, ch 83, § 4;
(2A) "Fall enrollment," or "Spring enrollment," is calculated as follows:
(a) Determine 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 for fall enrollment or the last Friday in January of the current
school year for spring enrollment;
(b) Subtract the number of students for whom the district receives tuition except for:
(i) Nonresident students who are in the care and custody of a state agency and
are attending a public school district;
(ii) Students who are being provided an education pursuant to § 13-28-11; and
(iii) Students for whom tuition is being paid pursuant to § 13-28-42.1; and
(c) Add 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 for the first six months of the current fiscal year and the spring
enrollment for the remaining six months of the current fiscal year;
(2B) Repealed by SL 2010, ch 84, § 1;
(2C) "Target teacher ratio factor," is:
(a) For school districts with a fall or spring enrollment of two hundred or less, the
target teacher ratio factor is 12;
(b) For districts with a fall or spring enrollment of greater than two hundred, but less
than six hundred, the target teacher ratio factor is calculated as follows:
(1) Multiplying the fall or spring enrollment by .00750;
(2) Adding 10.50 to the product of subsection (b)(1);
(c) For districts with a fall or spring enrollment of six hundred or greater, the target
teacher ratio factor is 15.
The fall or spring enrollment used for the determination of the target teacher ratio
for a school district may not include any students residing in a residential treatment
facility when the education program is operated by the school district;
(2D) "Limited English proficiency (LEP) adjustment," is calculated by multiplying 0.25 times
the number of kindergarten through twelfth grade students who, in the prior school year,
scored below level four on the state-administered language proficiency assessment as
required in the state's consolidated state application pursuant to 20 USC § 6311(b)(7) as
of January 1, 2013;
(3) "Index factor," is 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;
(4) "Target teacher salary," for the school fiscal year beginning July 1, 2018 is $49,131.96.
Each school fiscal year thereafter, the target teacher salary is the previous fiscal year's
target teacher salary increased by the index factor;
(4A) "Target teacher benefits," is the target teacher salary multiplied by twenty-nine percent;
(4B) "Target teacher compensation," is the sum of the target teacher salary and the target
teacher benefits;
(4C) "Overhead rate," is thirty-one and sixty-seven hundredths percent.
Beginning in school fiscal year 2018, the overhead rate shall be adjusted to take
into account the sum of the amounts that districts exceed the other revenue base
amount;
(5) "Local need," is calculated as follows:
(a) Divide the fall or spring enrollment by the target teacher ratio factor;
(b) If applicable, divide Limited English proficiency (LEP) adjustment pursuant to
subdivision (2D) by the target teacher ratio factor;
(c) Add the results of subsections (a) and (b);
(d) Multiply the result of subsection (c) by the target teacher compensation;
(e) Multiply the product of subsection (d) by the overhead rate;
(f) Add the products of subsections (d) and (e);
(g) When calculating local need at the statewide level, include the amounts set aside
for costs related to technology in schools and statewide student assessments; and
(h) When calculating local need at the statewide level, include the amounts set aside
for sparse school district benefits, calculated pursuant to §§ 13-13-78 and 13-13-79;
(5A) "Alternative per student need," is calculated as follows:
(a) Add the total need for each school district for school fiscal year 2016, including the
small school adjustment and the limited English proficiency adjustment, to the
lesser of the amount of funds apportioned to each school district in the year
preceding the most recently completed school fiscal year or school fiscal year 2015
pursuant to §§ 13-13-4, 23A-27-25, 10-33-24, 10-36-10, 11-7-73, 10-35-21, and
10-43-77;
(b) Divide the result of (a) by the September 2015 fall enrollment, excluding any
adjustments based on prior year student counts;
(5B) "Alternative local need," is the alternative per student need multiplied by the fall
enrollment, excluding any adjustments based on prior year student counts;
(6) "Local effort," the amount of ad valorem taxes generated in a school fiscal year by
applying the levies established pursuant to § 10-12-42. Beginning on July 1, 2017, local
effort will include the amount of funds apportioned to each school district in the year
preceding the most recently completed school fiscal year pursuant to §§ 10-33-24, 10-35-21 as provided by subdivision (6B), 10-36-10, 10-43-77, 11-7-73, 13-13-4, and 23A-27-25 and that exceeds the other revenue base amount. For the period July 1, 2016, through
December 31, 2016, inclusive, local effort includes the amount of ad valorem taxes
generated by applying the levies established pursuant to § 13-10-6 during this period;
(6A) "Other revenue base amount," for school districts not utilizing the alternative local need
calculation is the amount of funds apportioned to each school district pursuant to §§ 10-33-24, 10-35-21 as provided by subdivision (6B), 10-36-10, 10-43-77, 11-7-73, 13-13-4,
and 23A-27-25 calculated as follows:
(a) Beginning on July 1, 2017, equals the greatest of the amounts of the funds
apportioned to each school district pursuant to §§ 10-33-24, 10-35-21 as provided
by subdivision (6B), 10-36-10, 10-43-77, 11-7-73, 13-13-4, and 23A-27-25 for
school fiscal years 2013, 2014, and 2015;
(b) Beginning on July 1, 2018, multiply eighty percent times subsection (a);
(c) Beginning on July 1, 2019, multiply sixty percent times subsection (a);
(d) Beginning on July 1, 2020, multiply forty percent times subsection (a);
(e) Beginning on July 1, 2021, multiply twenty percent times subsection (a);
(f) Beginning on July 1, 2022, is zero.
For school districts utilizing the alternative local need calculation, the other
revenue base amount is zero until such time the school district chooses to no longer
utilize the alternative local need calculation. At that time, the other revenue base
amount is calculated as defined above.
For a school district created or reorganized after July 1, 2016, the other revenue
base amount is the sum of the other revenue base amount for each district before
reorganization, and the new school district may not utilize the alternative local
need calculation.
In the case of the dissolution and annexation of a district, the other revenue base
amount of the dissolved school district will be prorated based on the total number
of students in the fall or spring enrollment as defined in subdivision (2A) who
attend each district to which area of the dissolved district were annexed to in the
first year of reorganization. The amount apportioned for each district will be added
to the annexed districts' other revenue base;
(6B) "Wind energy tax revenue," any wind energy tax revenue apportioned to school districts
pursuant to § 10-35-21 from a wind farm producing power for the first time before July
1, 2016, shall be considered local effort pursuant to subdivision (6) and other revenue
base amount pursuant to subdivision (6A). However, any wind energy tax revenue
apportioned to a school district from a wind farm producing power for the first time after
June 30, 2016, one hundred percent shall be retained by the school district to which the
tax revenue is apportioned for the first five years of producing power, eighty percent for
the sixth year, sixty percent for the seventh year, forty percent for the eighth year, twenty
percent for the ninth year, and zero percent thereafter;
(7) "Per student equivalent," for funding calculations that are determined on a per student
basis, the per student equivalent is calculated as follows:
(a) Multiply the target teacher compensation times the sum of one plus the overhead
rate;
(b) Divide subsection (a) by 15;
(8) "Monthly cash balance," the total amount of money for each month in the school district's
general fund, calculated by adding all deposits made during the month to the beginning
cash balance and deducting all disbursements or payments made during the month;
(9) "General fund base percentage," is determined as follows:
(a) Forty percent for a school district with a fall or spring enrollment as defined in
subdivision (2A) of two hundred or less;
(b) Thirty percent for a school district with fall or spring enrollment as defined in
subdivision (2A) of more than two hundred but less than six hundred; and
(c) Twenty-five percent for a school district with fall or spring enrollment as defined
in subdivision (2A) greater than or equal to six hundred.
When determining the general fund base percentage, the secretary of the
Department of Education shall use the lesser of the school district's fall or spring
enrollment as defined in subdivision (2A) for the current school year or the school
district's fall or spring enrollment from the previous two years;
(10) "Allowable general fund cash balance," the general fund base percentage multiplied by
the district's general fund expenditures in the previous school year.
Section 2. That § 13-13-10.5 be amended to read:
13-13-10.5. For purposes of state aid to education, a student enrolled pursuant to § 13-28-41 or
13-28-51 shall be counted in a school's fall or spring enrollment as defined in § 13-13-10.1 in a
proportion equal to the share of the student's enrollment in the school.
Section 3. That § 13-13-73.6 be amended to read:
13-13-73.6. The Department of Education shall calculate the following for each school district:
(1) The average teacher salary, based on data collected pursuant to §§ 13-8-47 and 13-3-51;
(2) The increase in local need pursuant to § 13-13-10.1, excluding any effect due to change
in the school district's fall or spring enrollment and less the amount of revenue generated
in school fiscal year 2016 pursuant to § 13-10-6 as a percentage increase, from fiscal year
2016 to fiscal year 2017; and
(3) The increase in average teacher compensation as a percentage increase, as defined in § 13-8-47, from fiscal year 2016 to fiscal year 2017.
For each school district, the district's increase in average teacher compensation from fiscal year
2016 to 2017 shall be equal to at least eighty-five percent of the district's increase in local need, as
defined in subdivision (2), from fiscal year 2016 to fiscal year 2017 and, notwithstanding any
negotiated agreement, at least eighty-five percent of the increase in state aid to general education
funding the school district receives for fiscal year 2017 less the amount of revenue generated in fiscal
year 2016 pursuant to § 13-10-6 shall be used to increase instructional salaries and benefits for
certified instructional staff.
If a district fails to comply with the requirements of this section, state aid to general education
funding to the district in fiscal year 2018 shall be decreased by an amount equal to fifty percent of
the amount calculated in subdivision (2). For fiscal years 2019, 2020, and 2021, if a district's average
teacher compensation is less than the district's average teacher compensation in fiscal year 2017,
state aid to general education funding to the district in the following fiscal year shall be reduced by
an amount equal to five hundred dollars for each teacher employed in the school district.
A school district may request a waiver from any penalty imposed under this section from the
School Finance Accountability Board.
Section 4. That § 13-13-78 be amended to read:
13-13-78. Terms used in § 13-13-79 mean:
(1) "Sparse school district," a school district that meets each of the following criteria:
(a) Has a fall or spring enrollment per square mile of 0.50 or less;
(b) Has a fall or spring enrollment of five hundred or less;
(c) Has an area of four hundred square miles or more;
(d) Has at least fifteen miles between its secondary attendance center or centers and
that of an adjoining district;
(e) Operates a secondary attendance center; and
(f) Levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or
more;
(2) "Sparsity fall enrollment," or "Sparsity spring enrollment," for sparse school districts with
a fall or spring enrollment as defined in § 13-13-10.1 of less than eighty-three or greater
than two hundred thirty-two, is calculated as follows:
(a) Divide the fall or spring enrollment as defined in § 13-13-10.1 by the area of the
school district in square miles;
(b) Multiply the quotient obtained in subsection (a) times negative 0.125;
(c) Add 0.0625 to the product obtained in subsection (b); and
(d) Multiply the sum obtained in subsection (c) times the fall enrollment;
(3) "Sparsity adjusted fall enrollment,"
or "Sparsity adjusted spring enrollment," for sparse
school districts with a fall
or spring enrollment as defined in § 13-13-10.1 of at least
eighty-three, but no more than two hundred thirty-two, subtract the fall
or spring
enrollment from two hundred thirty-two.
Section 5. That § 13-13-82 be amended to read:
13-13-82. An eligible school district shall receive an amount equal to the per student equivalent
as defined in § 13-13-10.1 multiplied by the number of eligible students included in its fall or spring
enrollment as defined in § 13-13-10.1. "
Moved by: Greenfield (Lana)
Second by: Reimer
Action: Prevailed by voice vote.
HB 1232: lower the compulsory age for school attendance.
Proponents: Representative Lana Greenfield (Handout 1)
Florence Thompson, self, Caputa, South Dakota
Tonchi Weaver, South Dakota Citizens for Liberty
Kathy Rice, Citizens for Academic Transparency
Terry Nebolsick, self, Huron
Opponents: Ben Jones, Secretary of Education
Rob L. Monson, School Administrators of South Dakota
Mark Winegar,Sierra Club
Mary McCorkle, South Dakota Education Association
MOTION: DO PASS HB 1232
Moved by: Brunner
Second by: Reimer
Action: Prevailed by roll call vote. (8-6-1-0)
Voting Yes: Brunner, Marty, Rasmussen, Reimer, Steele, Wiese, Glanzer, Greenfield (Lana)
Voting No: Deutsch, Johns, Latterell, Olson, Healy, Ring
Excused: Randolph
HB 1247: establish minimum requirements for high school graduation.
MOTION: TO TABLE HB 1247
Moved by: Deutsch
Second by: Brunner
Action: Prevailed by roll call vote. (11-1-3-0)
Voting Yes: Brunner, Deutsch, Olson, Rasmussen, Reimer, Steele, Wiese, Healy, Ring, Glanzer,
Greenfield (Lana)
Voting No: Marty
Excused: Johns, Latterell, Randolph
HB 1131: revise and enhance provisions regarding state education.
MOTION: TO TABLE HB 1131
Moved by: Wiese
Second by: Steele
Action: Prevailed by roll call vote. (12-1-2-0)
Voting Yes: Brunner, Deutsch, Latterell, Olson, Rasmussen, Reimer, Steele, Wiese, Healy, Ring,
Glanzer, Greenfield (Lana)
Voting No: Marty
Excused: Johns, Randolph
HCR 1003: Instructing the Secretary of the Department of Education to undertake a study
of high school graduation requirements in this state.
MOTION: TO TABLE HCR 1003
Moved by: Healy
Second by: Deutsch
Action: Prevailed by roll call vote. (13-0-2-0)
Voting Yes: Brunner, Deutsch, Latterell, Marty, Olson, Rasmussen, Reimer, Steele, Wiese, Healy,
Ring, Glanzer, Greenfield (Lana)
Excused: Johns, Randolph
HB 1270: protect the teaching of certain scientific information.
Proponents: Senator Phil Jensen
Bill Harris, self, Sioux Falls
Opponents: Mark Winegar,Sierra Club
Brett Arenz, Department of Education
Rob L. Monson, School Administrators of South Dakota
Mary McCorkle, South Dakota Education Association
Gerry Kaufman, Associated School Boards of South Dakota
Mitch Richter, United School Association of South Dakota
Samuel J. Nelson, Sioux Falls School District
Frank Kloucek, self, Scotland
MOTION: DEFER HB 1270 TO THE 41ST LEGISLATIVE DAY
Moved by: Healy
Second by: Ring
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1270
Moved by: Latterell
Second by: Brunner
Action: Prevailed by roll call vote. (8-6-1-0)
Voting Yes: Brunner, Latterell, Marty, Rasmussen, Steele, Wiese, Glanzer, Greenfield (Lana)
Voting No: Deutsch, Johns, Olson, Reimer, Healy, Ring
Excused: Randolph
MOTION: ADJOURN
Moved by: Healy
Second by: Steele
Action: Prevailed by voice vote.
Sharon Johnson
____________________________
Committee Secretary
Lana Greenfield, Chair
../02200745.HED
Page 1