72nd Legislative Session -- 1997

Committee: House Education

Tuesday, February 25, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brooks
P      de Hueck
P      Diedrich
P      Eccarius
P      Fitzgerald
P      Hassard
P      Kooistra
P      Collier
P      Davis
P      Lockner
P      Lucas
P      Brosz, Vice-Chair
P      Brown (Richard), Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Richard Brown, Chair.


MOTION:      TO APPROVE THE MINUTES OF PREVIOUS MEETING.

Moved by:      Representative Davis
Second by:      Representative de Hueck
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.

Proponents:      Karon Schaack, Secretary, DECA
          Dianna Miller, ESD + 3
          Gene Enck, SD Associated School Boards
          Elaine Roberts, SDEA
Opponents:      None

MOTION:      DO PASS SB 24



Moved by:      Representative Brooks
Second by:      Representative Diedrich
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Brooks, de Hueck, Diedrich, Eccarius, Fitzgerald, Hassard, Kooistra, Collier, Davis, Lockner, Lucas, Brosz, Brown (Richard)

MOTION:      PLACE SB 24 ON CONSENT

Moved by:      Representative Davis
Second by:      Representative Diedrich
Action:      Failed by voice vote.

          SB 189:   to revise certain provisions relating to certain contracting school districts that do not operate an elementary school and a secondary school.

Proponents:      Jim Shade, Dept. Of Revenue
          George Valentine, Border Schools Coalition
         
Opponents:      Lou Leahy, Elk Mountain School District
          Representative Gordon Petersen
          Jack Paulton, Elk Mountain School District
         
MOTION:      AMEND SB 189

Proponents:    Dr. Tad Perry, Board of Regents

Opponents:    Senator John Reedy


o-189

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

"      Section  1.  That § 13-51-2 be amended to read as follows:

     13-51-2.   There is continued an educational facilities fund in the state treasury from which on and after July   1, 1984, the board of regents may make expenditures, relating only to institutions of higher education under its jurisdiction, to:

             (1)      Make lease-purchase payments to the South Dakota Building Authority for projects authorized to be paid out of that fund by the Legislature;

             (2)      Maintain and repair existing facilities in amounts as may from time to time be authorized by the Legislature; and

             (3)      Make lease payments to other private or public parties for educational facilities that the Board of Regents determines to be necessary for the delivery of instructional programs of the Sioux Falls Center for Public Higher Education; and

             (4)     Build and equip new facilities as may from time to time be authorized by the Legislature.

     No funding may be provided in any year for subdivision (3) or (4) of this section until the level of annual appropriations reaches three million dollars for subdivision (2) of this section. Authorizations for new lease payments, new construction, reconstruction, and renovation are restricted to and shall may not exceed the amount of higher education facilities funds in excess of the sum of existing lease payments to the South Dakota Building Authority plus three million dollars for maintenance and repair. "


Moved by:      Representative Fitzgerald
Second by:      Representative Eccarius
Action:      Prevailed by roll call vote.   (10-2-1-0)

Voting yes:      Brooks, Diedrich, Eccarius, Fitzgerald, Hassard, Kooistra, Davis, Lockner, Brosz, Brown (Richard)

Voting no:      Collier, Lucas

Excused:      de Hueck

MOTION:      DO PASS SB 189 AS AMENDED

Moved by:      Representative Hassard
Second by:      Representative Brooks
Action:      Prevailed by roll call vote.   (9-3-1-0)

Voting yes:      Brooks, Diedrich, Eccarius, Hassard, Kooistra, Davis, Lucas, Brosz, Brown (Richard)

Voting no:      Fitzgerald, Collier, Lockner

Excused:      de Hueck

MOTION:      TO AMEND TITLE OF SB 189

o-189t

     On page 1 , line 1 of the Senate engrossed bill , delete everything after " to " and insert " authorize the Board of Regents to make certain lease payments from the educational facilities fund. " .

     On page 1 , delete line 2 .


Moved by:      Representative Brooks
Second by:      Representative Kooistra
Action:      Prevailed by voice vote.

          SB 170:   to establish statewide content standards of learning for all public schools.

Proponents:      Senator Barb Everist

MOTION:      AMEND SB 170

t-170b

     On page 2 of the Senate engrossed bill , after line 9 , insert:

"      Section 4. A student's individual academic achievement test scores shall be made part of the student's permanent record and provided by the local district to parents or guardian of each student or, in the case of an emancipated student, to the student. 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 or, in the case of an emancipated student, from the student.

     Section 5. Separate academic achievement tests shall be designed to meet the needs of students in need of special education or special education and related services. The tests shall be administered unless it is determined by the local placement committee that the tests are not part of the student's free appropriate public education program. The student's waiver shall be set forth in the student's individual education plan. "



Moved by:      Representative Diedrich
Second by:      Representative Lockner
Action:      Prevailed by voice vote.

          SB 170:   to establish statewide content standards of learning for all public schools.

Proponents:      Rita Houglum, SD Eagle Forum
          Elaine Roberts, SDEA
          Gene Enck, SD Associated School Boards


          Dawn Rasmussen, White River, SD
          Karon Schaack, DECA
Opponents:      Christie Johnson, SD School Administrators

MOTION:      DO PASS SB 170

Moved by:      Representative Davis
Second by:      Representative Hassard
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 170 UNTIL NEXT MEETING.

Moved by:      Representative Brosz
Second by:      Representative Lucas
Action:      Prevailed by roll call vote.   (10-2-1-0)

Voting yes:      Brooks, Diedrich, Eccarius, Fitzgerald, Kooistra, Collier, Lockner, Lucas, Brosz, Brown (Richard)

Voting no:      Hassard, Davis

Excused:      de Hueck

MOTION:      ADJOURN

Moved by:      Representative Lucas
Second by:      Representative Brooks
Action:      Prevailed by voice vote.



Jean Smith

_________________________________

Committee Secretary
Richard “Dick” E. Brown, Chair


../02251000.HED    Page 1