72nd Legislative Session -- 1997

Committee: Senate Education

Monday, February 24, 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 21

Moved by:      Senator Ham
Second by:      Senator Reedy
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.

        This bill has has previous hearing on Feb 21

        
Proponents:      Elaine Roberts, SDEA(Handout)
          Dianna Miller, ESD+3
          Karon Schaack, DECA
          Deb Barnett, Office of Special Education
Opponents:      Bob Hofer, SD High School Activities Association
          Jerry Kleinsasser, Supt Schools in Stanley County
Comments by:      Christie Johnson, SASD, informative information

MOTION:      To adopt all 8 previous motions for amendments by voice vote


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

MOTION:      AMEND HB 1075

t-1075p

          Delete the previous amendment, t-1075m.

     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 boards of the resident district and nonresident district, on triplicate forms provided by the Department of Education and Cultural Affairs, to enroll the student in a district other than the resident district.

    By March 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.

    The nonresident district shall review the applications in the order received.

    An application may be withdrawn by the applicant any time before March first upon notification of both school boards. Once approved by the nonresident board, 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.

    If 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 the nonresdent district board shall review the application in a timely manner as outlined above. The applicant shall be informed of the nonresident board's decision within five days of the board's action on the application. Once enrolled " .


    

    


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

MOTION:      AMEND HB 1075

j-1075f

     On page 3 , line 8 of the House engrossed bill , after " rejection. " insert " The reasons given for a rejection do not constitute any grounds for challenging the rejection. A decision by a district to reject an application is not subject to appeal to the courts. " .


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

MOTION:      AMEND HB 1075

j-1075e

     On page 2 of the House engrossed bill , delete lines 6 to 22 , inclusive .


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

MOTION:      AMEND HB 1075

j-1075h

     On page 2 , line 5 of the House engrossed bill , after " . " insert " In determining whether to accept or reject a request for a transfer out of the district that exceeds a two percent reduction in total enrollment, the district shall rely on criteria established by the district pursuant to section 5 of this Act. However, any such resident district at its discretion may elect to exceed the two percent limit. "


Moved by:      Senator Hutmacher
Second by:      None


Action:      Died for a lack of a second

MOTION:      AMEND HB 1075

j-1075g

     On page 6 , line 13 of the House engrossed bill , overstrike " less " and insert " greater " .

     On page 8 , line 21 , overstrike " less " and insert " greater " .

     On page 9 , line 10 , overstrike " lesser " and insert " greater " .

     On page 9 , line 13 , overstrike " lesser " and insert " greater " .

     On page 9 , line 16 , overstrike " lesser " and insert " greater " .

     On page 9 , line 19 , overstrike " lesser " and insert " greater " .


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

Voting yes:      Hutmacher, Lange, Reedy, Paisley

Voting no:      Ham, Rounds, Everist

MOTION:      AMEND HB 1075

c-1075f

     Delete the previous amendment, j-1075g.


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

MOTION:      DO PASS HB 1075 AS AMENDED

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

Voting yes:      Ham, Rounds, Paisley, Everist

Voting no:      Hutmacher, Lange, Reedy

MOTION:      ADJOURN

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



Margaret Nickels

_________________________________

Committee Secretary
Barbara Everist, Chair


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