73rd Legislative Session -- 1998

Committee: House Education

                                            P - Present
                                            E - Excused
                                            A - Absent

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


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Richard Brown.

MOTION:      TO APPROVE THE MINUTES OF THE PREVIOUS MEETING.

Moved by:      Representative Hassard
Second by:      Representative Davis
Action:      Prevailed by voice vote.

          HB 1092:   to provide for the establishment of public charter schools.

Proponents:      Representative Scott Eccarius
          Dianna Miller, ESD + 3

MOTION:      DO PASS HB 1092

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

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David Wernke, Pierre, SD spoke on HB1092 stating he was neither a proponent or opponent.

MOTION:      SUBSTITUTE MOTION DEFER HB 1092 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Solum
Second by:      Representative Davis
Action:      Failed by roll call vote.   (5-8-0-0)

Voting yes:      Brooks, Kooistra, Solum, Davis, Lockner

Voting no:      de Hueck, Diedrich, Fitzgerald, Hassard, Collier, Lucas, Eccarius, Brown (Richard)

MOTION:      AMEND HB 1092

t-1092a

     On page 2 , line 5 of the printed bill , after " including " insert " any testing and high school graduation requirements and " .

     On page 2 , line 11 , delete " 12 " and insert " 13 " .

     On page 2 , line 17 , after " requirements " insert " for facilities, students, and staff " .

     On page 3 , line 16 , delete " , or postsecondary vocational-technical school " .

     On page 3 , line 18 , delete " a school district governing board " and insert " the school board of the public school district in which the charter school will be located and operated " .

     On page 3 , line 20 , delete " governing board. If the governing " and insert " local school board. If the local school " .

     On page 3 , line 21 , delete " governing " and insert " local school " .

     On page 3 , line 22 , delete " governing " and insert " local school " .

     On page 5 , line 11 , delete " , by the governing body " and insert " by the local school board " .

     On page 5 , line 12 , delete " or by the board of directors of the charter school " .

     On page 5 , delete lines 22 to 24 , inclusive , and insert:

"      Section 10. The students enrolled in any charter school created pursuant to this Act shall be included in the general enrollment average daily membership of the school district in which the

charter school is located for purposes of calculating state aid for the school district. The charter school shall receive a proportionate share of the school district's state aid funding amount paid pursuant to chapter 13-13, local tax receipts collected for the general fund, and state apportionment, based on the percentage of students comprising the district's general enrollment average daily membership who are enrolled in the charter school. Excluding the Individuals with Disabilities Education Act and state aid to special education pursuant to chapter 13-37, the proportionate share of monies generated under federal or state formula-funded categorical aid programs shall be provided to the charter school serving students eligible for such aid.      A charter school may accept any lawful gift, grant, donation, or other financial assistance. The gift, grant, donation, or other financial assistance shall be used in accordance with terms and conditions specified by the donor and may not be contrary to the terms of the contract under which the charter school was established. The acceptance of such gifts, grants, donations, or other financial assistance does not diminish the charter school's eligibility for funding available pursuant to this section.

     Section 11. The resident district is responsible for the provision of a free, appropriate public education for students in need of special education or special education and related services. A request to transfer a student in need of special education or special education and related services may be granted only if , through the placement committee process, the resident district and the charter school determine that the charter school can provide an appropriate instructional program and facilities to meet the student's needs. The resident district shall reimburse the charter school actual costs incurred in providing an appropriate special education for a student in need of special education and related services. Notwithstanding the provisions of section 15 of this Act, the placement committee, including representatives of the resident and charter school, shall determine whether a student in need of special education requires transportation as a related service. If so, the resident district shall provide or ensure the provision of transportation.      If a parent or guardian of a student in need of special education or special education and related services wishes to transfer the student back to the resident district, the request shall be considered by the placement committee. The committee shall include representatives of the resident district and charter school. "

     On page 6 , delete lines 1 to 13 , inclusive .

     On page 6 , line 16 , delete " Department of Education and " and insert " local school board " .

     On page 6 , line 17 , delete " Cultural Affairs " .

     On page 7 , delete lines 2 to 24 , inclusive , and insert:

"      Section 15. The parent or guardian of a student who attends a charter school is responsible for transporting the student to the charter school without reimbursement. Either the resident school district, the nonresident district, or the charter school may provide transportation to students attending the charter school. The nonresident district or the charter school, as applicable, may charge a reasonable fee if the student elects to use the transportation services offered by the nonresident district or the charter school. "

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     On page 8 , delete line 1 .

     On page 8 , line 14 , delete " the last day of classes in the school year " and insert " April 1 " .

Moved by:      Representative Lucas
Second by:      Representative de Hueck
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1092 AS AMENDED

Moved by:      Representative Lucas
Second by:      Representative de Hueck
Action:      Prevailed by roll call vote.   (8-5-0-0)

Voting yes:      de Hueck, Diedrich, Fitzgerald, Hassard, Collier, Lucas, Eccarius, Brown (Richard)

Voting no:      Brooks, Kooistra, Solum, Davis, Lockner

          HB 1280:   to establish a workforce development initiative within the Department of Social Services.

Proponents:      Ken Meyer, SD Peace and Justice Center
Opponents:      Geoff Simon, Department of Labor
          James Ellenbecker, Department of Social Services

MOTION:      DO PASS HB 1280

Moved by:      Representative Kooistra
Second by:      Representative Collier
Action:      Failed by roll call vote.   (6-7-0-0)

Voting yes:      Fitzgerald, Kooistra, Collier, Davis, Lockner, Lucas

Voting no:      Brooks, de Hueck, Diedrich, Hassard, Solum, Eccarius, Brown (Richard)

MOTION:      DEFER HB 1280 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Diedrich
Second by:      Representative Brooks
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION WITHOUT RECOMMENDATION

Moved by:      Representative Lucas
Second by:      Representative Fitzgerald

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Action:      Prevailed by roll call vote.   (8-5-0-0)

Voting yes:      de Hueck, Fitzgerald, Kooistra, Collier, Davis, Lockner, Lucas, Eccarius

Voting no:      Brooks, Diedrich, Hassard, Solum, Brown (Richard)

          HB 1207:   to require that school districts provide health care coverage to their employees.

Proponents:      Representative Deb Fischer-Clemens
          Lona Lewis, SDEA
Opponents:      Gene Enck, ASBSD
          Penelope Douglas, SD Coalition of Small Schools

MOTION:      AMEND HB 1207

j-1207

     On page 1 , line 4 of the printed bill , after " its " insert " eligible " .

     On page 1 , line 5 , delete " 2000 " and insert " 2002 " .

     On page 1 , delete line 7 , and insert " be lessened without mutual agreement between management and the employee representative. " .

Moved by:      Representative Davis
Second by:      Representative Eccarius
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1207

c-1207

     On page 1 , delete lines 8 to 10 of the printed bill , inclusive .

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

MOTION:      DEFER HB 1207 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Brooks
Second by:      Representative Hassard
Action:      Prevailed by roll call vote.   (7-5-1-0)

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Voting yes:      Brooks, Diedrich, Fitzgerald, Hassard, Solum, Eccarius, Brown (Richard)

Voting no:      de Hueck, Collier, Davis, Lockner, Lucas

Excused:      Kooistra

          HB 1134:   to require a school district to levy the maximum special education tax levy to qualify for state aid to special education.

Proponents:      Representative Steve Cutler
Opponents:      None

MOTION:      AMEND HB 1134

c-1134

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

"      Section 1. 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 pursuant to §  13-37-16 ;

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             (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;

             (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:

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             (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 the maximum levy established pursuant to §  13-37-16 .

     Section 2. That subdivision (3) of section 1 of chapter 108 of the 1996 Session Laws be amended to read as follows:

             (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 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 pursuant to §  13-37-16 ;

     Section  1.  That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

     If local effort increases on a statewide aggregate basis by a greater percentage than local need on a statewide aggregate basis from any one year to the next, for the following year, the levy specified in §  13-37-16 shall be reduced proportionally so that the percentage increase in local effort on a statewide aggregate basis equals the percentage increase in need on a statewide aggregate basis. "

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

MOTION:      DO PASS HB 1134 AS AMENDED

Moved by:      Representative Diedrich
Second by:      Representative Solum
Action:      Prevailed by roll call vote.   (10-0-3-0)

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Voting yes:      Brooks, de Hueck, Diedrich, Fitzgerald, Hassard, Solum, Davis, Lockner, Eccarius, Brown (Richard)

Excused:      Kooistra, Collier, Lucas

          HB 1132:   to revise the reduction in state aid to special education based upon a school district's ending special education fund balance.



MOTION:      DEFER HB 1132 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Fitzgerald
Second by:      Representative Brooks
Action:      Prevailed by roll call vote.   (10-0-3-0)

Voting yes:      Brooks, de Hueck, Diedrich, Fitzgerald, Hassard, Solum, Davis, Lockner, Eccarius, Brown (Richard)

Excused:      Kooistra, Collier, Lucas

          HB 1133:   to clarify provisions relating to teacher contracts.

Proponents:      Gene Enck, SDASB
          Bob Stevens, SDEA
Opponents:      None

MOTION:      AMEND HB 1133

c-1133

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

"
     Section 1. That § 13-43-6.3 be amended to read as follows:

     13-43-6.3.   Until a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, a school board may or may not renew the teacher's contract. The superintendent or school board shall give written notice of nonrenewal by April fifteenth but is not required to give further process or a reason for nonrenewal.

     After a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, §   §   13-43-6.1 and 13-43-6.2 apply to any nonrenewal of the teacher's contract. Written notice of nonrenewal of a teacher's contract shall be given by April fifteenth.

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     Acceptance by the teacher of an offer from the district to enter into a new contract with the teacher shall be in the manner specified in the offer. Failure of the teacher to accept the offer in the manner specified shall result in the termination of the existing contract between the teacher and the district at the end of its term. "

Moved by:      Representative de Hueck
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1133 AS AMENDED

Moved by:      Representative Hassard
Second by:      Representative Diedrich
Action:      Prevailed by roll call vote.   (8-3-2-0)

Voting yes:      Diedrich, Fitzgerald, Hassard, Davis, Lockner, Lucas, Eccarius, Brown (Richard)

Voting no:      Brooks, Kooistra, Solum

Excused:      de Hueck, Collier

MOTION:      TO AMEND TITLE OF HB 1133

c-1133t

     On page 1 , line 1 of the printed bill , delete everything after " Act to " and insert " clarify provisions relating to teacher contracts. " .

     On page 1 , delete line 2 .

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

          HB 1144:   to require a school district to obligate all money in its special education fund before it may receive money for extraordinary expenses.



MOTION:      DEFER HB 1144 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Fitzgerald
Second by:      Representative Brooks
Action:      Prevailed by roll call vote.   (11-0-2-0)

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

Excused:      de Hueck, Collier

          HB 1259:   to provide for a penalty for failure to report certain information to the Department of Education and Cultural Affairs.



MOTION:      DEFER HB 1259 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Diedrich
Second by:      Representative Hassard
Action:      Prevailed by roll call vote.   (11-0-2-0)

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

Excused:      de Hueck, Collier

          HB 1236:   to add economics to academic content standards.

Proponents:      Representative Dana Windhorst

MOTION:      DEFER HB 1236 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Brooks
Second by:      Representative Hassard
Action:      Prevailed by roll call vote.   (11-0-2-0)

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

Excused:      de Hueck, Collier

          HB 1203:   to allow certain persons with special expertise to instruct in public schools.

Proponents:      Representative Dana Windhorst
          Gene Enck, SDASB
          Jan Nicolay, SDEA
          Larry Zikmund, Associated General Contractors
Opponents:      Bob Stevens, SDEA
          Karon Schaack, Department of Education

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          Penelope Douglas, SD Coalition of Small Schools

MOTION:      AMEND HB 1203

d-1203

     On page 1 , line 14 of the printed bill , after " Act " insert " except that the Department of Education and Cultural Affairs may not promulgate rules relating to special expertise " .

     On page 1 , after line 14 , insert:

"      Section 4. Each school district shall be the sole judge of appropriate criteria by which to define special expertise. "

Moved by:      Representative Brooks
Second by:      Representative Solum
Action:      Was not acted on.

MOTION:      TABLE AMENDMENT.

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

MOTION:      DEFER HB 1203 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Brooks
Second by:      Representative Lucas
Action:      Prevailed by roll call vote.   (8-4-1-0)

Voting yes:      Brooks, Diedrich, Fitzgerald, Kooistra, Collier, Davis, Lockner, Lucas

Voting no:      Hassard, Solum, Eccarius, Brown (Richard)

Excused:      de Hueck

          HB 1310:   to provide for compliance with certain federal law governing access and confidentiality of education records and elicitation of information concerning pupils, and to require written notice of rights to parents and guardians.

Proponents:      Representative Dana Windhorst
          Dawn Rassmussen, self
          John Paulton, SD Family Policy Council
Opponents:      Jan Nicolay, Sioux Falls

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MOTION:      AMEND HB 1310

r-1310

     On page 2 , line 5 of the printed bill , delete everything after " shall " and insert " inform parents and students of their rights pursuant to 20 U.S.C. § § 1232g and 1232h, as amended to January 1, 1998. " .

     On page 2 , delete lines 6 and 7 .

     On page 2 , delete lines 17 to 19 , inclusive .

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

MOTION:      DO PASS HB 1310 AS AMENDED

Moved by:      Representative Diedrich
Second by:      Representative Brooks
Action:      Prevailed by roll call vote.   (7-4-2-0)

Voting yes:      Brooks, Diedrich, Fitzgerald, Hassard, Kooistra, Collier, Davis

Voting no:      Solum, Lockner, Lucas, Brown (Richard)

Excused:      de Hueck, Eccarius

MOTION:      ADJOURN

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

Jean Smith

Committee Secretary