Senate Education Minutes 02/21/1997 10:00 AM

72nd Legislative Session -- 1997

Committee: Senate Education

Friday, February 21, 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

MOTION:      TO APPROVE THE MINUTES OF Feb 19

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

          HB 1075: to provide for statewide open enrollment of students in public school districts in which they do not reside.

Proponents:      Rep. Eccarius, Prime sponsor
          Rep. Brown, Sponsor
          Maury Haugland, R.City Schools
          Joe Schmitz,Supt of Douglas Schools
          Barbara Guiliano, Self, Black Hawk, SD
          Rep. Hal Wicks, sponsor
          Sue Greenlee, Self,Garretson SD
        SD Farm Bureau, (by letter on file)

Opponents:      Dr. Barry Furze, Meade School District
          Frank Seiler, Supt at Timber Lake Schools
          Mark Brandlee, Bristol School Board

MOTION: AMEND HB 1075

On page 1 , line 12 of the House engrossed bill , delete " determine funding for resident and nonresident students not " and insert " compute foundation aid and " .

On page 1 , delete line 13 .

Moved by:      Senator Ham
Second by:      Senator Lange
Action:      Was not acted on.

MOTION:      AMEND HB 1075

On page 3 of the House Engrossed bill , delete lines 1 to 17 , inclusive , and insert:

" A student's parent or legal guardian who wishes to enroll the student, or an emancipated student who wishes to enroll, in a South Dakota school district other than the resident district under the provisions of this Act shall, not later than February first of the school year preceding the year of enrollment, apply to the school board of the resident district, on forms provided by the Department of Education and Cultural Affairs, for approval to enroll the student in a district other than the resident district.

By March first of the school year preceding the year of enrollment, the school board of the resident district shall act on the application, notify the applicant of the board's decision within five days of the decision and, if the application is approved, within five days of the action forward the application to the nonresident district in which the student wants to enroll.

By April first, the school board of the nonresident district in which the student wants to enroll shall approve or disapprove the application. The board of the nonresident district shall notify the applicant and the resident board of its decision within five days of the decision.

Both the resident and nonresident district must review the applications in the order received.

An application may be withdrawn by the applicant any time before April first upon notification of both school boards. Once approved by both boards, the approved application serves as the applicant's notice of intent to enroll in the nonresident district during the next school year and obligates the student to attend school in the nonresident district during the next school year, unless the school boards of the resident and nonresident districts agree in writing to allow the student to transfer back to the resident district, or unless the parents, guardians, or emancipated student change residence to another district.

In the event that a student's parents, or an emancipated student, move from a resident district into another district after February first, the parents or emancipated student may apply for enrollment in a nonresident district under provisions of this Act. In such a case, the school boards of both the new resident district and the nonresident district shall waive the application and approval dates outlined in this Act and shall review the application in the manner outlined above. The applicant shall be informed of each board's decisions within five days of the board's action on the application. The application shall be submitted to the resident district by the applicant and forwarded to the nonresident district upon approval by the resident district. Once enrolled " .

Moved by:      Senator Paisley
Second by:      Senator Ham
Action:      Was not acted on.

MOTION:      AMEND HB 1075

On page 4 , line 2 of the House engrossed bill , delete " include " and insert " define " .

On page 4 , line 2 , delete " size, " and insert " , grade level, and school building operated by the board and the pupil/teacher ratio. Discrimination based on race, gender, religious affiliation, or disability is prohibited. If two or more children from a family residing in the same household must enroll in different school districts as the result of a board's denial of an application to transfer from a resident district or to enroll in a nonresident district under the provisions of this Act, neither the resident board nor the nonresident board may deny the application. " .

On page 4 , line 3 , delete everything before " The " .

On page 4 , line 6 , delete " 1-26D " and insert " 13-46 " .

Moved by:      Senator Ham
Second by:      Senator Lange
Action:      Was not acted on.

MOTION:      AMEND HB 1075

On page 3 , line 24 of the House engrossed bill , delete " hold a public hearing on the standards, adopt them " and insert " adopt standards " .

Moved by:      Senator Paisley
Second by:      Senator Ham
Action:      Was not acted on.

MOTION:      AMEND HB 1075

On page 11 of the House engrossed bill , delete lines 18 to 24 , inclusive .

On page 12 , delete lines 1 to 4 , inclusive .

On page 14 , line 18 , delete " 23 " and insert " 22 " .

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

MOTION:      AMEND HB 1075

On page 13 of the House engrossed bill , delete lines 12 to 17 , inclusive , and insert:

" Section 20. That § 13-28-24 be amended to read as follows:

13-28-24. Anyone who must personally pay tuition shall pay in advance the annual or monthly amount of tuition ~~following a decision on school residency made pursuant to § § 13-28-9 and 13-28-10~~ . If the student ceases to be a member of the school before the expiration of the term for which the tuition has been paid, the school board shall refund the unearned portion of the tuition upon the presentation of a proper voucher. "

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

MOTION: AMEND HB 1075

On page 5 , line 14 of the House engrossed bill , after " System, " insert " the Department of Corrections, " .

On page 5 , line 16 , overstrike " for more than thirty school days " .

On page 5 , line 21 , overstrike " for more than thirty " .

On page 5 , line 22 , overstrike " school days " .

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

MOTION:      AMEND HB 1075

On page 11 of the House engrossed bill , remove the overstrikes from lines 8 to 11 , inclusive .

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

MOTION:      To approve all previous eight (8) amendments

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

MOTION:      ADJOURN

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

MOTION:      Chair will continue hearing of SB 1075 on Monday, Feb 24

Margaret Nickels

_________________________________

Committee Secretary

Barbara Everist, Chair

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