Committee: Senate Education
MOTION:
TO APPROVE THE MINUTES OF February 9
Moved by:
Senator Ham
Second by:
Senator Reedy
Action:
Prevailed by voice vote.
MOTION:
To Confirm the appointment of Margaret J. Dahl, Penningon, County, Rapid City,
South Dakota to the South Dakota Board of Education.
Moved by:
Senator Ham
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Ham, Hutmacher, Lange, Reedy, Rounds, Paisley, Everist
MOTION:
To Confirm the reappointment of Dean Sorenson, Minnehaha County, Sioux Falls,
South Dakota to the South Dakota Board of Directors for Educational
Telecommunications
Moved by:
Senator Paisley
"
Section
1.
That section 17 of chapter 98 of the 1997 Session Laws be repealed.
Section
2.
That section 18 of chapter 98 of the 1997 Session Laws be repealed.
Section
3.
That section 22 of chapter 98 of the 1997 Session Laws be repealed.
Section
4.
That
§
13-28-23
be amended to read as follows:
13-28-23.
If a student has been assigned by the school board of the district where the student has
a school residence or has been assigned as provided by statute, that school board shall pay the
student's tuition. The school boards shall take action on any request regarding the establishment of
the tuition rate or the payment of tuition within forty-five days after receiving the request. The school
board may negotiate the rate of tuition with a school board or any other payer. 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 school board and mailing a copy of the notice to the secretary of the Department
of Education and Cultural Affairs
. 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.
(Repealed by SL 1997, ch 88,
§
4, effective July 1, 1998).
Section
5.
That
§
13-28-38
be amended to read as follows:
13-28-38. Tuition required pursuant to § 13-28-22 may be waived if agreed to by the school boards involved. Notwithstanding § § 13-6-85, 13-28-9, 13-28-10, 13-28-20, and 13-28-21, the
decision of a school board to waive or not to waive tuition is final except as specifically provided
in this section. If a school board agrees to waive tuition, the district receiving the student may count
the student for state funding formula purposes and is entitled to reimbursement for that student
through the state funding formula. Any request for a waiver of tuition shall be made to the affected
school boards by the parent or guardian of the affected student. The school boards shall take action
on the request within forty-five days after receiving the request. A school board's decision pursuant
to this section 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 school board and
mailing a copy of the notice to the secretary of the Department of Education and Cultural Affairs
.
The granting of any waiver is not a legal precedent for any future request for waiver. (Repealed by
SL 1997, ch 97,
§
1, effective July 1, 1998).
"
Margaret Nickels