84th Legislative Session _ 2009

Committee: House Education
Wednesday, February 18, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bolin
P    Brunner
E    Elliott
P    Fargen
P    Hamiel
P    Hunt
P    Killer
P    Olson (Ryan)
P    Schlekeway
P    Sly
P    Sorenson
P    Thompson
P    Van Gerpen, Vice-Chair
P    Vanneman
P    McLaughlin, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Rep. Ed McLaughlin, Chairman.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 13, 2009

Moved by:    Brunner
Second by:    Hamiel
Action:    Prevailed by voice vote.

        
HB 1297: revise the criteria required for minor boundary changes of school districts.

Presented by:    Representative Tim Rave
Proponents:    Representative Dan Lederman


        Hank Kosters, Associated School Boards of South Dakota

MOTION:     AMEND HB 1297

1297ca

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

     "
     Section 1.  That § 13-6-85 be amended to read as follows:

     13-6-85.   A boundary change, affecting not more than two percent of the assessed valuation and not more than two percent of the tax-exempt acreage or other tax-exempt property to be determined at the discretion of the school district from which the area is to be taken, A minor change to a school district boundary may only be initiated within two years after the boundaries of the affected school districts were changed as the result of school district reorganization or as the result of a boundary change made pursuant to § 13-6-84.2 or other boundary change made pursuant to this title. The aggregate value of the lands taken from a school district through minor boundary changes during the two-year period may not exceed two percent of the assessed valuation of the school district, and the aggregate acreage of all tax exempt property taken from the school district during the two-year period may not exceed two percent of the tax exempt acreage in the school district.
    A minor boundary change
may be made upon an application for a minor boundary change to the school board of the school district from which the area is to be taken and to the school board of the school district to which the area is to be annexed , in the form of a petition signed by all of the owners of land, excluding land owned by the state or any other political subdivision in the area to be transferred by the minor boundary change. If the school board of the school district from which the area is to be taken approves the petition, the petitioners shall forward it to the school board of the school district to which the area is to be annexed. If that school board approves, the minor boundary change is made. Copies of the petitions shall also be delivered by the petitioners to the board of county commissioners having jurisdiction over the school districts affected. Any petitioner who is aggrieved by a decision of the school board under this section may appeal that decision.

     An appeal from the decision of the school board under this section may be made to the circuit court in the time and manner specified by § 13-46-1 or to the secretary of the Department of Education or the secretary's representative within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education. An appeal to the secretary of the Department of Education may be heard by the secretary or the secretary's representative. The secretary of the Department of Education shall thereafter set a time and place for the hearing and give at least ten days' written notice of the hearing to the parties involved in the appeal, including all affected school districts. An appeal to the secretary is not a contested case subject to chapter 1-26. An appeal from the decision of the secretary may be made pursuant to § 13-6-89. On appeal from a decision of the secretary, the appeal shall be heard and determined in the same manner as a direct appeal from the school board decision pursuant to § 13-6-89 and chapter 13-46 without any presumption of the correctness of the decision of the secretary nor may the provisions of § 1-26-36 be applied to the decision of the secretary. Nothing in this section affects the right of an aggrieved party to appeal from the decision of the school board to the circuit court. "


Moved by:    Brunner
Second by:    Hamiel
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1297 AS AMENDED

Moved by:    Brunner
Second by:    Hamiel
Action:    Prevailed by roll call vote. (13-1-1-0)

Voting Yes:    Bolin, Brunner, Fargen, Hamiel, Hunt, Killer, Olson (Ryan), Schlekeway, Sly, Sorenson, Van Gerpen, Vanneman, McLaughlin

Voting No:    Thompson

Excused:    Elliott

MOTION:     AMEND TITLE OF HB 1297

1297cta

     On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "restrict the use of minor adjustments to school district boundaries and to revise the application process for minor boundary changes.".

     On page 1, delete line 2.


Moved by:    Brunner
Second by:    Sly
Action:    Prevailed by voice vote.

MOTION:     REMOVE HB 1279 FROM THE TABLE

Moved by:    Olson (Ryan)
Second by:    Sly
Action:    Prevailed by roll call vote. (10-4-1-0)

Voting Yes:    Bolin, Fargen, Hamiel, Hunt, Killer, Olson (Ryan), Schlekeway, Sly, Sorenson, Thompson

Voting No:    Brunner, Van Gerpen, Vanneman, McLaughlin

Excused:    Elliott

MOTION:     AMEND HB 1279

1279cc

    
    
     On the previously adopted amendment, 1279cb, amend as follows:

    In the first sentence of Section 1, delete "physical hurt" and insert "bodily harm".

    In the second sentence of Section 1, delete "that substantially disrupts the orderly operation of a school".

    In Section 3, subdivision (1), after "includes", insert "but is not limited to".

    In Section 3, subdivision (4), delete ", including a requirement that an investigation be conducted on any alleged incident of bullying or harassment committed against a child while the child is aboard a school bus or at a school sponsored event".

    In Section 4, after "remedy", insert "or report".

    Delete Section 5.



Moved by:    Sly
Second by:    Fargen
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1279 AS AMENDED

Moved by:    Olson (Ryan)
Second by:    Sly
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1279

1279cd

On the previously adopted amendment, (1279cb), in Section 1, delete the second paragraph and insert:

     "Harassment consists of physical or verbal conduct related to a person's race, color, religion, creed, ancestry, national origin, gender, sexual orientation, age, disability, or other basis prohibited by law, when the conduct is so severe, pervasive, and objective that it has the purpose of effecting or creating an intimidating, hostile, or offensive working or academic environment, or has the purpose or effect of substantially or unreasonably interfering with an individual's performance which deprives the individual access to employment or academic opportunities."

Moved by:    Hunt
Second by:    Van Gerpen
Action:    Prevailed by roll call vote. (10-4-1-0)

Voting Yes:    Bolin, Brunner, Hunt, Killer, Olson (Ryan), Schlekeway, Thompson, Van Gerpen, Vanneman, McLaughlin

Voting No:    Fargen, Hamiel, Sly, Sorenson

Excused:    Elliott

MOTION:     DEFER HB 1279 UNTIL FEBRUARY 20, 2009

Moved by:    Van Gerpen
Second by:    Brunner
Action:    Prevailed by roll call vote. (8-6-1-0)

Voting Yes:    Brunner, Hamiel, Hunt, Sorenson, Thompson, Van Gerpen, Vanneman, McLaughlin

Voting No:    Bolin, Fargen, Killer, Olson (Ryan), Schlekeway, Sly

Excused:    Elliott

        
HB 1257: provide for the right to possess a firearm on the campuses of public institutions of higher education.


         SUB-COMMITTEE REPORT ON HB 1257

Presented by:    Representative Bill Van Gerpen, Chairman
        Representative Kim Vanneman
        Representative Mitch Fargen (Handouts #1 & #2)

MOTION:     DO PASS HB 1257

Moved by:    Vanneman
Second by:    Brunner
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1257 TO THE 41ST LEGISLATIVE DAY

Moved by:    Fargen
Second by:    Van Gerpen
Action:    Prevailed by roll call vote. (11-3-1-0)

Voting Yes:    Bolin, Fargen, Hunt, Killer, Olson (Ryan), Schlekeway, Sly, Sorenson, Thompson, Van Gerpen, McLaughlin

Voting No:    Brunner, Hamiel, Vanneman

Excused:    Elliott

        
HB 1149: allow a person or entity to offer postsecondary education credit in South Dakota while seeking accreditation from a recognized accrediting agency.

Presented by:    Representative Thomas Brunner
Proponents:    Debra Shattuck, Self, Rapid City (Handouts: #3, #4)
        Sam Gingerich, Board of Regents
Opponents:    Dick Tieszen, Sioux Falls School District
        Dick Tieszen, Technical Institutes

MOTION:     AMEND HB 1149

1149ca

     On page 1, line 12, of the printed bill, delete " a recognized accrediting agency " and insert " an accrediting agency recognized by the United States Department of Education and is offering transferable courses and programs under an affiliation agreement with an institution accredited by the same agency ".


Moved by:    Vanneman
Second by:    Hunt
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1149 AS AMENDED

Moved by:    Hunt
Second by:    Bolin
Action:    Prevailed by roll call vote. (12-2-1-0)

Voting Yes:    Bolin, Brunner, Fargen, Hamiel, Hunt, Schlekeway, Sly, Sorenson, Thompson, Van Gerpen, Vanneman, McLaughlin

Voting No:    Killer, Olson (Ryan)

Excused:    Elliott

        
HB 1293: provide for the establishment of school administration regions and to provide for the sharing of certain school administrators and school service specialists among school districts.

Presented by:    Representative David Lust
Proponents:    Sheryl Kirkeby, Rapid City School District
Opponents:    Bill Lynch, Associated School Boards of South Dakota
        Ruth Krogh, Self, Buffalo

        THE CHAIR DEFERRED HB 1293 UNTIL FEBRUARY 20, 2009

MOTION:     ADJOURN

Moved by:    Schlekeway
Second by:    Hamiel
Action:    Prevailed by voice vote.

Jeanette Black

____________________________

Committee Secretary
Ed McLaughlin, Chair