84th Legislative Session _ 2009

Committee: House Education
Wednesday, February 11, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bolin
P    Brunner
P    Elliott
P    Fargen
P    Hamiel
P    Hunt
E    Killer
P    Olson (Ryan)
P    Schlekeway
P    Sly
P    Sorenson
P    Thompson
P    Van Gerpen, Vice-Chair
P    Vanneman
P    McLaughlin, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Ed McLaughlin, Chairman.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 9, 2009

Moved by:    Hunt
Second by:    Vanneman
Action:    Prevailed by voice vote.

         HB 1257: provide for the right to possess a firearm on the campuses of public institutions of higher education.

MOTION:     APPOINT A SUBCOMMITTEE TO HEAR TESTIMONY ON HB 1257

Moved by:    Sly
Second by:    Brunner
Action:    Prevailed by voice vote.

        THE CHAIR APPOINTED REP. VAN GERPEN AS CHAIRMAN AND REPRESENTATIVE ELLIOTT AND REPRESENTATIVE VANNEMAN TO THE SUBCOMMITTEE TO HEAR TESTIMONY ON 1257 AT A LATER DATE.

         HB 1279: require each school district to develop a policy to prohibit bullying and harassment that meets certain requirements.

Presented by:    Representative Dan Lederman (Handouts: #1, #2, #3, #4, #5,)
Proponents:    Jeralyn Haffer, Self, Garretson
        Keith Haffer, Self, Garretson
        Bobbie Wirth, PTA, Aberdeen (Handouts: #6)
        Sandra Waltman, SD Education Association
        Holly Goeden, Self, McCook Lake
        Representative Jacqueline Sly
Opponents:    Bill Engberg, Associated School Boards of SD (Handouts: #7)
        John Pedersen, School Administrator of South Dakota

MOTION:     AMEND HB 1279

1279cb

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

"
     Section 1.  Bullying is the causing of physical hurt or psychological distress on one or more students or school employees that may involve threat; intimidation; stalking as defined in chapter 22-19A; physical violence; theft; harassment as defined in § 22-19A-4; or destruction of property.
     Harassment, for the purposes of this Act, is any threatening use of data or computer software, written or verbal communication, including telephonic communication, or conduct directed against a student or school employee that substantially disrupts the orderly operation of a school.
     For the purposes of this Act, the definitions of bullying and harassment also include retaliation against a student or school district employee by another student or school district employee for asserting or alleging an act of bullying or harassment, and include the reporting of an act of bullying or harassment that is not made in good faith.

     Section 2.  The school board of each school district shall, by December 1, 2009, adopt a school district policy prohibiting bullying and harassment. If the school district already has such a policy in place, the school board shall review and, if necessary, revise the policy so that it meets the requirements of this Act by the deadline. The school board may involve students, parents, teachers, administrators, other school staff, school volunteers, community representatives, and local law enforcement agencies in the process of developing or revising a policy pursuant to this Act, and the policy shall be implemented in coordination with school district curriculum, disciplinary procedures, and other violence prevention efforts.

     Section 3.  Each school district policy developed pursuant to this Act shall contain the following provisions:

             (1)    A statement prohibiting bullying and harassment, and a definition of bullying and harassment that includes the definitions listed in section 1 of this Act;
             (2)    The consequences for a student or employee of the school district who commits an act of bullying or harassment;
             (3)    A procedure for reporting an act of bullying or harassment, including provisions that permit a person to anonymously report such an act, although formal disciplinary action may not be based solely on an anonymous report; and
             (4)    A procedure for the prompt investigation and response to any report of bullying or harassment, including a requirement that an investigation be conducted on any alleged incident of bullying or harassment committed against a child while the child is aboard a school bus or at a school-sponsored event.

     Section 4.  Any school district employee, school volunteer, student, or parent who promptly reports in good faith an act of bullying or harassment to the appropriate school district official as designated in the school district's policy, and who makes the report in compliance with the provisions of the school district's policy is immune from any cause of action for damages arising from failure to remedy the reported incident.

     Section 5.  Neither the physical location nor the time of day of any incident involving the use of computers or other electronic devices may be used as a defense to any disciplinary action initiated pursuant to this Act."

Moved by:    Schlekeway
Second by:    Fargen
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1279 AS AMENDED

Moved by:    Sly
Second by:    Fargen
Action:    Was not acted on.


MOTION:     SUBSTITUTE MOTION DEFER HB 1279 TO THE 41ST LEGISLATIVE DAY

Moved by:    Brunner
Second by:    Van Gerpen
Action:    Failed by roll call vote. (7-6-2-0)

Voting Yes:    Bolin, Brunner, Hamiel, Schlekeway, Van Gerpen, Vanneman, McLaughlin

Voting No:    Elliott, Fargen, Hunt, Sly, Sorenson, Thompson

Excused:    Killer, Olson (Ryan)

 MOTION:     SUBSTITUTE MOTION TO TABLE HB 1279

Moved by:    Brunner
Second by:    Van Gerpen
Action:    Prevailed by roll call vote. (11-3-1-0)

Voting Yes:    Bolin, Brunner, Elliott, Hamiel, Hunt, Olson (Ryan), Schlekeway, Sorenson, Van Gerpen, Vanneman, McLaughlin

Voting No:    Fargen, Sly, Thompson

Excused:    Killer

         THE CHAIR DEFERRED HB 1297 UNTIL FEBRUARY 13, 2009

         HB 1181: establish a veterinary education loan repayment program for veterinarians who fulfill certain requirements and to make an appropriation therefor.

Presented by:    Representative Thomas Brunner
Proponents:    Jennifer Stalley, SD Veterinary Medical
        Brenda Forman, SD Cattlemen's Association
Opponents:    Josh Larson, Bureau of Finance and Management

MOTION:     AMEND HB 1181

1181ca

     On page 3, line 18, of the printed bill, delete "collected or appropriated" and insert "received".

Moved by:    Van Gerpen
Second by:    Hamiel
Action:    Prevailed by voice vote.

 MOTION:     AMEND HB 1181

1181ta

     On page 3 of the printed bill, delete lines 22 to 24, inclusive.

     On page 4, delete lines 1 to 6, inclusive.


Moved by:    Vanneman
Second by:    Olson (Ryan)
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1181 AS AMENDED

Moved by:    Vanneman
Second by:    Hamiel
Action:    Prevailed by roll call vote. (14-0-1-0)

Voting Yes:    Bolin, Brunner, Elliott, Fargen, Hamiel, Hunt, Olson (Ryan), Schlekeway, Sly, Sorenson, Thompson, Van Gerpen, Vanneman, McLaughlin

Excused:    Killer

 MOTION:     AMEND TITLE OF HB 1181

1181tta

     On page 1, line 2, of the printed bill, delete "and to make an appropriation therefor".


Moved by:    Olson (Ryan)
Second by:    Sly
Action:    Prevailed by voice vote.

         HB 1250: provide funding to certain school districts for students who enroll in the district's virtual school after the date on which fall enrollment is calculated.
Presented by:    Mitch Richter, Shannon School District

MOTION:     TO TABLE HB 1250

Moved by:    Olson (Ryan)
Second by:    Brunner
Action:    Prevailed by roll call vote. (14-0-1-0)

Voting Yes:    Bolin, Brunner, Elliott, Fargen, Hamiel, Hunt, Olson (Ryan), Schlekeway, Sly, Sorenson, Thompson, Van Gerpen, Vanneman, McLaughlin

Excused:    Killer

         HB 1298: require the Board of Regents to prepare a plan to close one of the postsecondary educational institutions under its control.

Presented by:    Representative Mark Kirkeby
Opponents:    Tad Perry, SD Board of Regents (Handouts: #9)
        Alex Halbach, SD Student Federation
        Melanie Satchell, SD School of Mines Student Association
        Andrew Johnson, Self, Aberdeen

MOTION:     DEFER HB 1298 TO THE 41ST LEGISLATIVE DAY

Moved by:    Olson (Ryan)
Second by:    Hunt
Action:    Prevailed by roll call vote. (14-0-1-0)

Voting Yes:    Bolin, Brunner, Elliott, Fargen, Hamiel, Hunt, Olson (Ryan), Schlekeway, Sly, Sorenson, Thompson, Van Gerpen, Vanneman, McLaughlin

Excused:    Killer

MOTION:     ADJOURN

Moved by:    Hunt
Second by:    Sorenson
Action:    Prevailed by voice vote.


Jeanette Black
____________________________

Committee Secretary
Ed McLaughlin, Chair