73rd Legislative Session -- 1998

Committee: Senate Education

Monday, February 9, 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 Chair Everist


MOTION:      TO APPROVE THE MINUTES OF February 4 & 5

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

          SB 156:   to allow an administrator to dispose of certain items without a formal motion of the governing body.

Proponents:      Senator Hutmacher, Sponsor

MOTION:      DO PASS SB 156

Moved by:      Senator Lange
Second by:      Senator Ham
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Ham, Hutmacher, Lange, Reedy, Paisley, Everist

Excused:      Rounds

MOTION:      PLACE SB 156 ON CONSENT



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

          SB 80:   to permit school districts to enter an agreement with a nonprofit organization to provide for construction, operation, and maintenance of facilities.

Proponents:      Senator Vitter, Sponsor
          Gene Enck, ASBSD

MOTION:      AMEND SB 80

f-80

     On page 1 , line 12 , after " . " insert " If a school district incurs any indebtedness through an agreement or contract with a nonprofit organization pursuant to this section, the school district shall comply with any requirement concerning indebtedness of a school district including public notification or bond election. " .


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

MOTION:      AMEND SB 80

c-80a

     On the previous amendment, insert the following:

     On page 1 , line 8 of the printed bill , delete " the education " and insert " the recreation " .


     On page 1 , line 10 , after " any " insert " recreational " .


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

MOTION:      DO PASS SB 80 AS AMENDED

Moved by:      Senator Paisley
Second by:      Senator Ham
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Ham, Hutmacher, Lange, Reedy, Rounds, Paisley, Everist

          SB 173:   to revise the average daily membership for consolidated school districts.

Proponents:      Senator Drake, Sponsor
          Penelope Douglas, SDCSS
          Gene Enck, ASBSD
          Roberta Rasmussen, Self, Viborg
Opponents:      Karon Schaack, DECA
          Dianna Miller, ESD+5

MOTION:      AMEND SB 173

o-173

     On page 2 , after line 4 of the printed bill , insert:

"      Section 2. That § 13-13-1.4 be amended to read as follows:

     13-13-1.4.   If two or more school districts consolidate, for a period of two five years after consolidation, the adjusted average daily membership for the newly formed district shall be based upon the average daily membership as defined in §   13-13-10.1 of the school districts as they existed prior to consolidation.

     Section 3. That section 9 of chapter 98 of the 1997 Session Laws be amended to read as follows:
          13-13-1.4.   If two or more school districts consolidate, for a period of two five years after consolidation, the adjusted average daily membership for the newly formed district shall be based upon the general enrollment average daily membership as defined in §   13-13-10.1 of the school districts as they existed prior to consolidation. "



Moved by:      Senator Reedy
Second by:      Senator Hutmacher
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND SB 173

c-173

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

"      Section 1. That § 13-13-1.4 be amended to read as follows:


     13-13-1.4.   If two or more school districts consolidate, for a period of two three years after consolidation, the adjusted average daily membership for the newly formed district shall be based upon the average daily membership as defined in §   13-13-10.1 of the school districts as they existed prior to consolidation.

     Section 2. That section 9 of chapter 98 of the 1997 Session Laws be amended to read as follows:
          13-13-1.4.   If two or more school districts consolidate, for a period of two three years after consolidation, the adjusted average daily membership for the newly formed district shall be based upon the general enrollment average daily membership as defined in §   13-13-10.1 of the school districts as they existed prior to consolidation. "



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

MOTION:      DO PASS SB 173 AS AMENDED

Moved by:      Senator Rounds
Second by:      Senator Reedy
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Hutmacher, Lange, Reedy, Rounds, Paisley, Everist

Voting no:      Ham

MOTION:      TO AMEND TITLE OF SB 173

c-173t

     On page 1 , line 1 of the printed bill , delete everything after " revise " and insert " the average daily membership for consolidated school districts. " .


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

          SB 163:   to delay the adoption and implementation of course guidelines for language arts and mathematics.

Proponents:      Senator Symens, Sponsor
          Gene Enck, ASBSD
          Elaine Roberts, SDEA
Opponents:      Karon Schaack, DECA

MOTION:      AMEND SB 163

c-163

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

"
     Section  1.  That § 13-3-48 be amended to read as follows:

     13-3-48.   The secretary of the Department of Education and Cultural Affairs shall prepare and submit for approval of the South Dakota Board of Education academic content standards in language arts, mathematics, social studies, and science for grades one through twelve. Each school district shall adopt and implement clearly defined and measurable course guidelines so as to meet the state academic content standards. Course guidelines for language arts and mathematics shall be adopted and implemented by July 1, 1998, 1999, and those for social studies and science shall be adopted by July 1, 2000. "



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

MOTION:      DO PASS SB 163 AS AMENDED

Moved by:      Senator Lange
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 163

c-163t

     On page 1 , line 1 of the printed bill , delete everything after " An Act to " and insert " delay the adoption and implementation of course guidelines for language arts and mathematics. " .

     On page 1 , delete line 2 .


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

          SB 94:   extend the time in which money that has been transferred to the special education fund may be transferred back to the original fund.

Proponents:      Senator Hutmacher, Sponsor
Opponents:      Karon Schaack, DECA

MOTION:      AMEND SB 94

c-94

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

"
     Section  2.  That chapter 13-28 be amended by adding thereto a NEW SECTION to read as follows:

     All nursery, kindergarten, elementary, and secondary students not entitled to the free school privileges of the district wherein they are enrolled may be charged tuition. If a student has been assigned by the school board of the district where the student has a school residence, that school board shall pay the student's tuition. The school board may negotiate the rate of tuition with a school board or any other payer. The board shall take into consideration when negotiating the rate of tuition the average cost of educating a student in the district including transportation if required. Tuition may be waived if agreed to by the school boards involved. A school board's decision with respect to the student assignment may be appealed to the circuit court in the time and manner specified by § 13-46-1 or to the secretary of the Department of Education and Cultural Affairs within thirty days from the date of the decision of the school board by filing a notice with the secretary of the Department of Education and Cultural Affairs. "



Moved by:      Senator Reedy
Second by:      Senator Ham
Action:      Was not acted on.

         DEFER SB 94 UNTIL Feb 11

          Gavel passed to Vice Chair Paisley



          SB 120:   to revise the funding of special education.

Proponents:      Senator Everist, Sponsor

MOTION:      DO PASS SB 120 AS AMENDED

Moved by:      Senator Everist
Second by:      Senator Ham
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 120

c-120t

     On page 1 , line 1 of the printed bill , delete everything after " An Act to " and insert " revise the funding of special education. " .

     On page 1 , delete line 2 .


Moved by:      Senator Hutmacher
Second by:      Senator Everist
Action:      Prevailed by voice vote.

          Gavel returned to Chair Everist



          SB 204:   to allow home school students to participate in certain high school activities.

Proponents:      Senator Rounds, Sponsor
          Diane Wonnenberg, Self, Dallas, SD
          Micah Wonnenberg, Self, Dallas, SD
          Ellen Baranowski, Self, Vermillion
          Elizabeth Baranoski, Self, Vermillion
          Emily Leet, Self, Yankton, SD

          DEFER SB 204 UNTIL Feb 11



MOTION:      ADJOURN

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




Margaret Nickels

_________________________________

Committee Secretary
Barbara Everist, Chair


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