84th Legislative Session _ 2009

Committee: Senate Education
Tuesday, February 17, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gray
P    Jerstad
P    Knudson, Vice-Chair
P    Nesselhuf
P    Olson (Russell)
P    Peterson
P    Garnos, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Cooper Garnos, Chair.

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 12, 2009

Moved by:    Gray
Second by:    Knudson
Action:    Prevailed by voice vote.

        
SB 126: revise certain provisions regarding school attendance.

Presented by:    Senator Dave Knudson
Proponents:    Dick Tieszen, Sioux Falls School District
        Katie Bray, Rapid City Area Schools
        Wade Pogany, Department of Education
        Sheryl Kirkeby, Rapid City School District

MOTION:     AMEND SB 126

126cb

     On page 1 of the printed bill, delete lines 3 and 4.

     On page 1, line 12, delete " and who is enrolled in a recognized " and insert:

" enrolls in a general education development test preparation program that is school-based or for which a school contracts and successfully completes the test or reaches the age of eighteen years.
    A child is eligible to enroll in a school-based or school-contracted general education development test preparation program or take the general education development test if the child is sixteen or seventeen years of age, and the child presents written permission from the child's parent or guardian and one of the following:

             (1)    Verification from a school administrator that the child will not graduate with the child's cohort class because of credit deficiency;
             (2)    Authorization from a court services officer;
             (3)    A court order requiring the child to enter the program;
             (4)    Verification that the child is under the direction of the Department of Corrections; or
             (5)    Verification that the child is enrolled in Job Corps as authorized by Title I-C of the Workforce Investment Act of 1998, as amended to January 1, 2009.
    Any child who is sixteen or seventeen years of age and who completes the general education development test preparation program may take the general education development test immediately following release from the school program or when ordered to take the test by a court. Any such child who fails to successfully complete the test shall re-enroll in the school district and may continue the general education development preparation program or other suitable program as determined by the school district.
".

     On page 1, delete line 13.

     On page 2, delete lines 1 and 2.

     On page 2, delete lines 16 to 18, inclusive, and insert:

"enrolls in a general education development test preparation program that is school-based or for which a school contracts and successfully completes the test or reaches the age of eighteen years.
    A child is eligible to enroll in a school-based or school-contracted general education development test preparation program or take the general education development test if the child is sixteen or seventeen years of age, and the child presents written permission from the child's parent or guardian and one of the following:

             (1)    Verification from a school administrator that the child will not graduate with the child's cohort class because of credit deficiency;
             (2)    Authorization from a court services officer;
             (3)    A court order requiring the child to enter the program;
             (4)    Verification that the child is under the direction of the Department of Corrections; or
             (5)    Verification that the child is enrolled in Job Corps as authorized by Title I-C of the Workforce Investment Act of 1998, as amended to January 1, 2009.
    Any child who is sixteen or seventeen years of age and who completes the general education development test preparation program may take the general education development test immediately following release from the school program or when ordered to take the test by a court. Any such child who fails to successfully complete the test shall re-enroll in the school district and may continue the general education development preparation program or other suitable program as determined by the school district.
".

     On page 3, line 1, delete "5" and insert "3".

     On page 3, after line 1, insert:

"
     Section 5. The Department of Labor may promulgate rules pursuant to chapter 1-26 to establish general education development testing procedures for children who take the test pursuant to § 13-27- 1.".



Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 126 AS AMENDED

Moved by:    Knudson
Second by:    Jerstad
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Gray, Jerstad, Knudson, Nesselhuf, Peterson, Garnos

Excused:    Olson (Russell)

        
SB 189: revise certain provisions relating to payments to teachers obtaining certain national board certification.

MOTION:     DO PASS SB 189

Moved by:    Jerstad
Action:    Died for lack of a second.

MOTION:     DEFER SB 189 TO THE 41ST LEGISLATIVE DAY



Moved by:    Gray
Second by:    Knudson
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Gray, Jerstad, Knudson, Nesselhuf, Peterson, Garnos

Excused:    Olson (Russell)

        
HB 1154: revise certain requirements for eligibility for opportunity scholarships.

Presented by:    Senator Thomas Dempster
        Representative Joni Cutler (Handout: 1)
Proponents:    Dick Tieszen, Self, Pierre
        Sheryl Kirkeby, Rapid City School District
Opponents:    Dale Bertsch, Governor's Office
        Paul Turman, Board of Regents (Handout: 2)

MOTION:     AMEND HB 1154

1154ja

     On page 5, after line 20 of the printed bill, insert:

"
     Section 5. That ARSD 24:40:13:02 be amended to read as follows:

     24:40:13:02.  Initial eligibility requirements. In order to be eligible to receive a South Dakota Opportunity Scholarship, a student must:

    (1)  Be graduated from high school with a cumulative average grade of "B" (3.0 on a 4.0 scale), or greater, for all work attempted;

    (2)  Be a resident of South Dakota at the time of graduation from high school;

    (3)  Take the test administered by the American College Testing Program (ACT) or the Scholastic Assessment Test (SAT) before being graduated from high school;

    (4)  Receive a composite score on the ACT of at least 24 or a combined verbal and mathematics score on the SAT of at least 1070;


    (5)  Complete the required number of high school courses in the following subjects:

        (a)  Four units of English: courses with major emphasis upon grammar, composition, or literary analysis. One year of debate instruction may be included to meet this requirement;

        (b)  Four units of algebra or higher mathematics: algebra, geometry, trigonometry, or other advanced mathematics, including accelerated or honors mathematics (algebra) provided at the 8th grade level. Arithmetic, business, consumer or general mathematics, or other similar courses, are not included;

        (c)  Four units of science, including three units of approved laboratory science: courses in biology, chemistry, or physics in which at least one regular laboratory period is scheduled each week. Accelerated or honors science (biology, physics, or chemistry) provided in the 8th grade are accepted. Qualifying physical science or earth science courses (with lab) may be accepted on a case-by-case basis;

        (d)  Three units of social studies: history, economics, sociology, geography, United States or South Dakota government, American Problems, and similar courses;

        (e)  Two units of a modern or classical language, including American Sign Language. The two units must be in the same language;

        (f)  One unit of fine arts: effective for the fall 2005 semester for students graduating from South Dakota high schools, one unit in art, theater, or music. Such credit may be in appreciation, analysis, or performance. Through the fall 2004 semester for students graduating from South Dakota high schools, one-half unit of art, theater, or music is required. Such credit may be in appreciation, analysis, or performance;

        (g)  One half unit of computer science: students must have basic keyboarding skills, experience in using computer word processing, database, and spreadsheet packages, and experience in using the Internet or other wide area networks;

     Any No more than one course in which a student received a final grade below a "C" (2.0 on a 4.0 scale) may not be counted for purposes of this subdivision. If a student who receives disqualifying grades in courses required under this subdivision retakes those courses while in high school, the student may still qualify for eligibility if the student has the required number of courses with grades of C or above in each subcategory;

    (6)  Attend a participating institution; and

    (7)  Enter into the scholarship program within five years of the date of graduation from high school. A student who entered active military duty immediately after the date of graduation from high school may qualify for the scholarship if the student's release from military service occurs within five years from the student's graduation and the student enters the scholarship program within one year of the student's release from active military duty.".



Moved by:    Jerstad
Second by:    Nesselhuf
Action:    Prevailed by roll call vote. (4-3-0-0)

Voting Yes:    Jerstad, Nesselhuf, Olson (Russell), Peterson

Voting No:    Gray, Knudson, Garnos

MOTION:     DO PASS HB 1154 AS AMENDED

Moved by:    Knudson
Second by:    Jerstad
Action:    Prevailed by roll call vote. (5-2-0-0)

Voting Yes:    Jerstad, Knudson, Nesselhuf, Olson (Russell), Peterson

Voting No:    Gray, Garnos

        
HB 1171: exempt any school district from the minimum size requirement if it operates the only remaining public high school located within the boundaries of any county.

Presented by:    Senator Corey Brown
Proponents:    Jack Adkins, Superintendent, Herreid School District (Handout: 3)
        Rick Quaschnick, Self, Herreid
        Hank Kosters, Associated School Boards of South Dakota
        Pete Brandner, Self, Herreid
        Kay Vander Vorst, Self, Herreid
        Representative Charles Hoffman
Opponents:    Wade Pogany, Department of Education (Handout: 4)

MOTION:     DO PASS HB 1171

Moved by:    Nesselhuf
Second by:    Jerstad
Action:    Prevailed by roll call vote. (4-3-0-0)

Voting Yes:    Jerstad, Nesselhuf, Olson (Russell), Peterson

Voting No:    Gray, Knudson, Garnos

        
HB 1186: reimburse and reward public school counselors who earn the credential of National Certified School Counselor.

Presented by:    Senator Pam Merchant
Proponents:    John Hegg, Self, Sioux Falls (Handout: 5)
        Sandra Waltman, SD Education Association
        Mitch Richter, SD Counseling Association
Opponents:    Melody Schopp, Department of Education

MOTION:     DO PASS HB 1186

Moved by:    Gray
Second by:    Nesselhuf
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Gray, Jerstad, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

MOTION:     ADJOURN

Moved by:    Nesselhuf
Second by:    Jerstad
Action:    Prevailed by voice vote.

Cheri Hauschild

____________________________

Committee Secretary
Cooper Garnos, Chair