72nd Legislative Session -- 1997

Committee: Senate Education

Saturday, February 15, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Ham
P      Hutmacher
P      Lange
P      Reedy
P      Rounds
P      Paisley, Vice-Chair
P      Everist, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Everist


          SB 246:   to repeal the provision regarding assignment to a requested school when no school is within ten miles of a student's residence.



MOTION:      DEFER SB 246 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Ham
Second by:      Senator Lange
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Ham, Hutmacher, Lange, Reedy, Rounds, Everist

Excused:      Paisley
    
          SB 170:   to require school districts to adopt teacher evaluation policies.
        
        Gavel passed to Vice Chair Paisley

Proponents:      Senator Everist, Prime Sponsor
          Karon Schaack, DECA
          Elaine Roberts, SDEA


Opponents:      Christie Johnson, SASD
          Gene Einck, SDASB
          Janette McIntyre, Self, Custer, SD
          Kelsey Alexander, Self, Custer, SD

MOTION:      AMEND SB 170

c-170
     Delete everything after the enacting clause and insert:

"      Section 1. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

             Terms used in this chapter mean:

             (1)    "Content standards," descriptions of the knowledge and the skills students are expected to acquire in each of the core subject areas as identified in this Act;

             (2)    "Curriculum statements," the local district's explicit specifications in each content standard of what all students need to know and must be able to do at the levels identified in section 2 of this Act in order to meet state content standards. All curriculum statements shall be clearly defined and measurable.

     Section 2. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding any other provision of law, the Department of Education and Cultural Affairs shall establish statewide content standards of learning for all public schools in the state. The content standards shall be developed for grades kindergarten through twelfth grade with performance levels determined at the kindergarten through second grade, third through fourth grade, fifth through eighth grade, and ninth through twelfth grade levels. In order to guide instruction and assure that each student has an opportunity to acquire the knowledge and skills which will be assessed by the state testing program, each school district shall adopt, by board action, and implement district curriculum statements in language arts, mathematics, social studies, and science that are aligned with the state content standards.

     Curriculum statements for language arts and mathematics shall be adopted and implemented in each district by not later than July 1, 1998. Curriculum statements for social sciences and sciences shall be adopted and implemented in each district by not later than July 1, 2000.

     Section 3. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     Each school district shall administer a standardized, norm-referenced achievement test to all students in grades two, four, eight, and eleven during the spring norming period each year, using an achievement test provided by the department. This test shall assess the knowledge and skills of

students in grades two, four, eight, and eleven based on the state content standards and local curriculum statements developed pursuant to section 2 of this Act. The department shall determine the length and type of test necessary to accomplish the intent of this Act. Each school district shall begin administering the test during the 1998-99 school year.

     Each school district shall annually administer a nationally-normed, performance-based writing assessment during the fall norming period at grades five and nine. The department shall provide the test. Each school district shall begin administering the test during the 1998-99 school year.

     Section 4. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     The placement committee may exempt a student in need of special education or special education and related services from the testing requirements of this Act. The student's waiver must be set forth in the student's individual education plan.

     Section 5. That chapter 13-33 be amended by adding thereto a new section to read as follows:

     The department shall report the results of the achievement testing program to the public by not later than October 15 of the same calendar year in which the tests were administered. The results shall be reported in three forms: by school district, by school building, and by grade level.

     The department shall report the results in a manner to allow parents, students, teachers, administrators, and taxpayers to draw reasonable conclusions about the quality and effectiveness of the education students receive in the respective grade levels, school buildings, and school districts in the state.

     The department shall provide each school district with the report of that district's results. Each school district shall provide the report to others upon written request.

     Section 6. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     The school district shall make a student's individual test scores part of that student's permanent record and provide them to the student's parents or guardian. Further release or use of a student's individual test scores is governed by the federal Family Educational Rights and Privacy Act (FERPA), as implemented in 34 CFR part 99, and may only occur with written permission from the student's parent or guardian.

     Section 7. There is hereby appropriated out of any money in the general fund, not otherwise appropriated, the sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to purchase testing materials and scoring services under the program authorized by this Act and administered by the Department of Education and Cultural Affairs. Any funds not lawfully expended or obligated by June 30, 1998, shall revert to the general fund in accordance with § 4-8-21.


     Section 8. Expenditures authorized by this Act shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Education and Cultural Affairs. "


Moved by:      Senator Rounds
Second by:      Senator Ham
Action:      Prevailed by voice vote.

MOTION:      DEFER SB 170 UNTIL Wednesday, Feb 19

Moved by:      Senator Rounds
Second by:      Senator Ham
Action:      Prevailed by voice vote.

        Gavel returned to Chair Everist

          SB 238:   to repeal the requirement for school districts to provide for certain transportation services.



MOTION:      DEFER SB 238 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Rounds
Second by:      Senator Ham
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Ham, Hutmacher, Lange, Reedy, Rounds, Everist

Voting no:      Paisley

          SB 239:   to provide for a school district transportation levy.

Opponents:      Karon Schaack, DECA

MOTION:      DEFER SB 239 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Rounds
Second by:      Senator Ham
Action:      Failed by roll call vote.   (3-4-0-0)

Voting yes:      Ham, Rounds, Everist

Voting no:      Hutmacher, Lange, Reedy, Paisley

MOTION:      DO PASS SB 239



Moved by:      Senator Hutmacher
Second by:      Senator Reedy
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO TABLE SB 239

Moved by:      Senator Paisley
Second by:      Senator Rounds
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Ham, Rounds, Paisley, Everist

Voting no:      Hutmacher, Lange, Reedy

          SB 154:   to repeal the 874 education fund.

Proponents:      Senator Hutmacher, Prime Sponsor
          Dianna Miller, ESD+3

MOTION:      AMEND SB 154

j-154
     On the printed bill, Delete everything after the enacting clause and insert:

"      Section  1.  That § 13-13-11.1 be amended to read as follows:

     13-13-11.1.   For the purpose of distributing state aid to education under the provisions of § §   13-13-10.1 to 13-13-46, inclusive, funds received from the federal government under the provisions of P.L. 81-874 shall be included in total general fund revenue at the time the funds are transferred from the school district 874 fund to the school district general fund P.L. 103-382, title VIII for basic support shall be included in total general fund revenue at the times the funds are transferred from the school district P.L. 103-382, title VIII fund to the school district funds. For the purposes of distributing state aid to special education under the provisions of §  13-37-36, funds received from the federal government under the provisions of P.L. 103-382, title VIII add on for children with disabilities shall be deposited into the school district special education fund .

     Section  2.  That § 13-16-30 be amended to read as follows:

     13-16-30.   Any funds received from the federal government under the provisions of P.L. 81-874 P.L. 103-382, title VIII for basic support may be deposited into the 874 fund P.L. 103-382, title VIII fund .

     Section  3.  That § 13-16-31 be amended to read as follows:


     13-16-31.   The 874 P.L. 103-382, title VIII fund shall serve as a fund from which transfers shall be made to the other funds enumerated in §   13-16-2. A school district may not make expenditures out of its 874 P.L. 103-382, title VIII fund . Transfers out of the 874 P.L. 103-382, title VIII fund shall be made at the discretion of the school board. "


Moved by:      Senator Hutmacher
Second by:      Senator Ham
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 154 AS AMENDED

Moved by:      Senator Paisley
Second by:      Senator Ham
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Ham, Hutmacher, Lange, Reedy, Paisley, Everist

Voting no:      Rounds

MOTION:      TO AMEND TITLE OF SB 154

j-154t
     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " revise certain school district funds. " .


Moved by:      Senator Ham
Second by:      Senator Reedy
Action:      Prevailed by voice vote.

          SB 24:   to clarify payment of state aid to education by defining which schools are included in computation of average daily membership and repealing the waiver of tuition for nonresident students.

Proponents:      Karon Schaack, DECA
          Gene Einck, ASBSD
          Dianna Miller, ESD+3
Opponents:      None

MOTION:      AMEND SB 24

c-24
     On page 4 of the printed bill , delete lines 17 to 20 , inclusive .

     On page 5 , delete lines 10 to 22 , inclusive .


Moved by:      Senator Paisley
Second by:      Senator Ham
Action:      Prevailed by voice vote.

MOTION:      AMEND SB 24

c-24a
     On page 1 , line 13 of the printed bill , after " System, " insert " Department of Corrections " .

     On page 1 , line 15 , overstrike " for more than thirty school days " .


Moved by:      Senator Rounds
Second by:      Senator Ham
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 24 AS AMENDED

Moved by:      Senator Rounds
Second by:      Senator Ham
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Ham, Lange, Reedy, Rounds, Paisley, Everist

Voting no:      Hutmacher

MOTION:      ADJOURN

Moved by:      Senator Paisley
Second by:      Senator Ham
Action:      Prevailed by voice vote.



Margaret Nickels

_________________________________

Committee Secretary
Barbara Everist, Chair


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