73rd Legislative Session -- 1998
Committee: Senate Education
Wednesday, February 4, 1998
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 Vice Chair Paisley
MOTION:
TO APPROVE THE MINUTES OF February 2
Moved by:
Senator Ham
Second by:
Senator Hutmacher
Action:
Prevailed by voice vote.
SB 120:
to require a school district to levy the maximum special education tax levy
to qualify for state aid to special education.
Proponents:
Senator Everist
MOTION:
AMEND SB 120
c-120
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That subdivision (9) of section 1 of chapter 108 of the 1996 Session Laws be
repealed.
Section 2. That section 2 of chapter 108 of the 1996 Session Laws be amended to read as
follows:
This
Section 1 of this
Act is effective July 1, 1999.
Section 3. That section 3 of chapter 108 of the 1996 Session Laws be repealed.
Section 4. That section 4 of chapter 108 of the 1996 Session Laws be amended to read as
follows:
A school district is not eligible for funding from the money set aside in
§
§
13-37-38 to 13-37-
40, inclusive,
if the school district's
unless the school district certifies to the secretary of education
and cultural affairs that its
ending special education fund balance
exceeds
will not exceed
five
percent of its special education expenditures for the
prior
current
fiscal year.
Section 5. That
§
13-37-44
be amended to read as follows:
13-37-44.
A school district's state aid for special education shall be reduced by the amount which
its ending special education fund balance exceeds twenty percent of its special education
expenditures for the prior fiscal year
or fifty thousand dollars, whichever is greater, if the school
district did not receive money set aside in
§
§
13-37-38 to 13-37-40, inclusive, during the prior fiscal
year; or the amount which its ending special education fund balance exceeds five percent of its
special education expenditures for the prior fiscal year if the school district received money set aside
in
§
§
13-37-38 to 13-37-40, inclusive, during the prior fiscal year
.
Section 6. Section 5 of this Act is effective July 1, 1999.
Section 7. That
§
13-37-43
be amended to read as follows:
13-37-43.
For the transition period from January 1, 1997, through school fiscal year 1999, state
aid to special education shall be determined according to the following calculations:
(1)
For the period January 1, 1997, through June 30, 1997, state aid for special education is
the greater of (a) state aid for special education as calculated in
§
13-37-36, or (b) actual
school special education expenditures for fiscal year 1994 less federal revenues for special
education less local effort, the result which is multiplied times 0.59;
(2)
For school fiscal year 1998, state aid for special education is the greater of (a) state aid
for special education as calculated in
§
13-37-36, or (b) actual school special education
expenditures for fiscal year 1994 less federal revenues for special education less local
effort, the result which is multiplied times 0.95;
(3)
For school fiscal year 1999, state aid for special education is the greater of (a) state aid
for special education as calculated in
§
13-37-36, or (b) actual school special education
expenditures for fiscal year 1994 less federal revenues for special education less local
effort, the result which is multiplied times
0.48
0.95
.
Section 8. That
§
13-37-35
be amended to read as follows:
13-37-35.
Terms used in
§
§
13-37-35 to 13-37-47, inclusive, mean:
(1)
"Average daily membership," the average number of kindergarten through twelfth grade
pupils enrolled in all schools operated by the school district during the previous regular
school year minus the average number of pupils for whom the district receives tuition and
plus the average number of pupils for whom the district pays tuition;
(2)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of the
United States Department of Labor for the year before the year immediately preceding the
year of adjustment or three percent, whichever is less;
(3)
"Local effort," is the amount of taxes payable each year, using the maximum levy for the
special education fund of a school district of one dollar and forty cents per thousand
dollars of taxable valuation. The levy shall be based on valuations including valuations
pursuant to
§
§
13-13-10.2 and 13-13-20.4 such that the median level of assessment
represents 85% of market value as determined by the Department of Revenue. For the
period January 1, 1997, through June 30, 1997, local effort shall be one-half of the
amount of taxes payable in calendar year 1997, using the maximum levy for the special
education fund of a school district of one dollar and forty cents per thousand dollars of
taxable valuation. The levy shall be based on valuations such that the median level of
assessment represents 85% of market value as determined by the Department of Revenue;
(4)
"Allocation for a student with a mild disability," for the period January 1, 1997, through
June 30, 1997, is $807. For school fiscal year beginning July 1, 1997, the allocation for
a student with a mild disability shall be $1,614 increased by the lesser of the index factor
or three percent. For each school year thereafter, the allocation for a student with a mild
disability shall be the previous fiscal year's allocation for such child increased by the
lesser of the index factor or three percent;
(5)
"Allocation for a student with a severe disability," for the period January 1, 1997, through
June 30, 1997, is $9,682. For school fiscal year beginning July 1, 1997, the allocation for
a child with a severe disability shall be $19,364 increased by the lesser of the index factor
or three percent. For each school year thereafter, the allocation for a child with a severe
disability shall be the previous fiscal year's allocation for such child increased by the
lesser of the index factor or three percent;
(6)
"Local need," an amount to be determined as follows:
(a)
For a school district with an average daily membership of less than 13,000:
(i)
Multiply the average daily membership times 0.1025;
(ii)
Multiply the result of (i) times the allocation for a student with a mild
disability;
(iii)
Multiply the average daily membership times 0.015;
(iv)
Multiply the result of (iii) times the allocation for a student with a severe
disability;
(v)
Add together the result of (ii) and the result of (iv);
(b)
For a school district with an average daily membership greater than 13,000:
(i)
Multiply the average daily membership times 0.1025;
(ii)
Multiply the result of (i) times the allocation for a student with a mild
disability;
(iii)
Subtract 13,000 from the average daily membership, the difference of which
is multiplied times 0.0000034, the result of which is added to 0.015;
(iv)
Multiply the average daily membership times the lesser of the result of (iii)
or
0.03
0.027
;
(v)
Multiply the result of (iv) times the allocation for a student with a severe
disability;
(vi)
Add together the result of (ii) and the result of (v);
(7)
"Student with mild disability," is a student whose performance level is not sufficient to
demonstrate success in the regular education environment without the provision of special
education, who meets eligibility criteria under Part B, IDEA, and who has been identified
as a student in need of special education or special education and related services
according to criteria set forth in rules promulgated pursuant to
§
13-37-46;
(8)
"Student with severe disability," is a student with a low-incidence disability who:
(a)
Meets eligibility criteria under Part B, IDEA;
(b)
Has been identified as a student in need of special education or special education
and related services according to criteria set forth in rules promulgated pursuant to
§
13-37-46; and
(c)
Presents needs which require intervention skills which are substantially different
from those provided to nondisabled students, in that the skills are
disability-specific and require special training, equipment, and facilities to perform;
(9)
"Effort factor," the school district's special education tax levy in dollars per thousand
divided by $1.40.
Section 9. That section 12 of chapter 34 of the 1997 Session Laws be amended to read as
follows:
State Aid for Special Education
Personal Services $0 $0 $0 $0
Operating Expenses
$37,875,924
$37,038,226
$0 $0
$37,875,924
$37,038,226
Total
$37,875,924
$37,038,226
$0 $0
$37,875,924
$37,038,226
0.0
Section 10.That
§
13-37-39
be amended to read as follows:
13-37-39.
Subject to the limitation in
§
13-37-42, the secretary of the Department of Education
and Cultural Affairs shall, for school fiscal year 1998, set aside four percent (4%) of the state special
education appropriation for extraordinary expenses incurred in providing special education programs
or services to one or more children with disabilities, with expenditures to be made as recommended
by an oversight board and approved by the secretary of the Department of Education and Cultural
Affairs.
Any funds not expended or obligated pursuant to this section shall not be subject to
reversion pursuant to
§
4-8-19. The maximum amount not subject to reversion is equal to 5.75% of
the state special education appropriation.
Section 11. Sections 9 and 10 of this Act are effective June 15, 1998.
Section 12. That
§
13-37-40
be amended to read as follows:
13-37-40.
Subject to the limitation in
§
13-37-42, the secretary of the Department of Education
and Cultural Affairs shall, for school fiscal year 1999 and each year thereafter, set aside 5.75% of
the state special education appropriation for extraordinary expenses incurred in providing special
education programs or services to one or more children with disabilities, with expenditures to be
made as recommended by an oversight board and approved by the secretary of the Department of
Education and Cultural Affairs.
Any funds not expended or obligated pursuant to this section shall
not be subject to reversion pursuant to
§
4-8-19. The maximum amount not subject to reversion is
equal to 5.75% of the state special education appropriation.
Section 13. That chapter 13-16 be amended by adding thereto a NEW SECTION to read as
follows:
The South Dakota Board of Education may promulgate rules pursuant to chapter 1-26 to
identify allowable expenditures from the special education fund.
Section 14. That chapter 13-16 be amended by adding thereto a NEW SECTION to read as
follows:
Each school district shall file the annual financial report pursuant to
§
13-8-47 using the
uniform accounting system as defined in the accounting manual developed pursuant to
§
4-11-6.
Reports not filed prior to August fifteenth are considered past due and are subject to the past-due
provisions of
§
13-13-38.
"
Moved by:
Senator Everist
Second by:
Senator Rounds
Action:
Prevailed by voice vote.
MOTION:
DEFER SB 120 UNTIL a later date
Moved by:
Senator Everist
Second by:
Senator Hutmacher
Action:
Prevailed by voice vote.
SB 121:
to revise the reduction in state aid to special education based upon a school
district's ending special education fund balance.
Proponents:
Senator Everist, Sponsor
MOTION:
DEFER SB 121 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Everist
Second by:
Senator Lange
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Ham, Hutmacher, Lange, Reedy, Rounds, Paisley, Everist
Gavel returned to Chair Everist
SB 190:
to revise the funding of special education.
Proponents:
Senator Paisley, Sponsor
MOTION:
DEFER SB 190 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Rounds
Second by:
Senator Ham
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Ham, Hutmacher, Lange, Reedy, Rounds, Paisley, Everist
SB 200:
to repeal the waiver of academic achievement tests for special education
students.
Proponents:
Senator Ham, Sponsor
Deb Barnett, DECA
Robert Kiehn,Advocacy Service
Christie Johnson, SASD
MOTION:
DO PASS SB 200
Moved by:
Senator Paisley
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Ham, Hutmacher, Lange, Reedy, Rounds, Paisley, Everist
MOTION:
PLACE SB 200 ON CONSENT
Moved by:
Senator Lange
Second by:
Senator Rounds
Action:
Prevailed by voice vote.
SB 149:
to revise certain provisions relating to contracting school districts that do
not operate a K-12 school.
Proponents:
Todd Vik, Fin & Management, Dept of Education
George Valentine, School Boards
MOTION:
SUBSTITUTE MOTION AMEND SB 149
c-149b
On the previous amendment, after Section 3,
insert:
"
Section 4. That
§
13-15-14.2
be repealed.
13-15-14.2.
Any school district that enters into contractual agreements pursuant to
§
13-15-1.3
or 13-15-11 for the first time after July 1, 1989, shall within four years of commencement of the
contractual agreement, operate an elementary school and a secondary school within the boundary
of the school district, reorganize the school district pursuant to chapter 13-6 or adjust its taxation
pursuant to
§
§
13-11-9 to 13-11-11, inclusive. Any school district that entered into a contractual
agreement pursuant to
§
13-15-1.3 before July 1, 1989, shall within three years of July 1, 1990,
operate an elementary school and a secondary school within the boundary of the school district,
reorganize the school district pursuant to chapter 13-6 or adjust its taxation pursuant to
§
§
13-11-9
to 13-11-11, inclusive.
"
Section 5. That chapter 13-15 be amended by adding thereto a NEW SECTION to read as
follows:
Any school district that enters into contractual agreements pursuant to
§
13-15-11 and sends
over fifty percent of its resident students enrolled in grades for which it contracts to an adjoining
school district or districts located in South Dakota shall reorganize the school district pursuant to
chapter 13-6 within two years of the end of the school year. For the purposes of this section, the
number of students attending adjoining districts shall be based on general enrollment average daily
membership pursuant to
§
13-13-10.1(1).
Section 6. That
§
13-11-9
be amended to read as follows:
13-11-9.
For any school district that is sending its students to an adjoining school district
pursuant to
§
13-15-1.3, the county auditor shall spread a levy over the taxable property of the
sending school district sufficient to raise the sending school district's tax levy per one thousand
dollars of taxable valuation up to the weighted average tax levy per one thousand dollars of taxable
valuation of the receiving school districts. The weighted average tax levy shall be calculated
pursuant to
§
13-11-10. This section does not apply to a school district that operates a secondary
school
or enters into contractual agreements pursuant to
§
13-15-11
.
Moved by:
Senator Everist
Second by:
Senator Lange
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 149 AS AMENDED
Moved by:
Senator Rounds
Second by:
Senator Reedy
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Ham, Hutmacher, Lange, Reedy, Rounds, Paisley, Everist
MOTION:
TO AMEND TITLE OF SB 149
c-149t
On page
1
,
line
1 of the printed bill
,
delete "
contracting school
"
and insert "
the formation of
school districts and contractual agreements among school districts.
"
.
On page
2
,
delete line
2
.
Moved by:
Senator Rounds
Second by:
Senator Hutmacher
Action:
Prevailed by voice vote.
SB 111:
to permit borrowing between school district funds.
Proponents:
Senator Hutmacher, Sponsor
Dean Dayton, Legislative Audit
Henry Koster, ASBSD
MOTION:
AMEND SB 111
f-111
On the printed bill,
delete everything after the enacting clause and insert:
"
Section
1.
A political subdivision may loan all or any portion of a fund, not otherwise obligated,
to another fund of that political subdivision for a term not to exceed five years. If money is loaned
from one fund to another fund, the repayment to the original fund may not include any payment of
interest, fees, or other charges.
"
Moved by:
Senator Hutmacher
Second by:
Senator Lange
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 111 AS AMENDED
Moved by:
Senator Paisley
Second by:
Senator Reedy
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Ham, Hutmacher, Lange, Reedy, Rounds, Paisley, Everist
MOTION:
TO AMEND TITLE OF SB 111
f-111t
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
permit a political
subdivision to loan all or any portion of a fund to another fund under certain conditions.
"
.
Moved by:
Senator Lange
Second by:
Senator Ham
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Hutmacher
Second by:
Senator Reedy
Action:
Prevailed by voice vote.
Margaret Nickels
_________________________________
Committee Secretary