74th Legislative Session -- 1999

Committee: House Education

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brooks
P      Davis
P      Earley
P      Fitzgerald
P      Garnos
P      Hennies
P      Juhnke
P      Kooistra
P      Lockner
P      Lucas
P      McCoy
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 PREVIOUS MEETING.

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

          HB 1294:   require a waiting period if the voters reject certain school district bond issues.

Opponents:      Gene Enck, ASBSD
          Christie Johnson, SASD
          Elaine Roberts, SDEA
Presented by:      Representative Jerry Apa

MOTION:      DEFER HB 1294 UNTIL THE 41ST LEGISLATIVE DAY

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

Voting yes:      Davis, Garnos, Hennies, Juhnke, Kooistra, Lockner, Lucas, McCoy

Voting no:      Brooks, Earley, Fitzgerald, Eccarius, Brown (Richard)

          HB 1277:   provide transportation allowances for certain students attending schools outside the resident school district.

Proponents:      Dr. Barry Furze, Meade School District
          Gene Enck, ASBSD
          Betty Carlson, New Underwood
Opponents:      Karon Schaack, DECA
Presented by:      Representative Kenneth McNenny

MOTION:      AMEND HB 1277

t-1277a

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

"      Section  1.  That chapter 13-30 be amended by adding thereto a NEW SECTION to read as follows:
    
     Any school district that closes an elementary school after July 1, 1998, may pay allowances for transportation, room, and board as provided in § 13-30-1 to any student who would otherwise have attended the school that was closed and elects pursuant to § 13-28-40 to enroll in a school in a nonresident district, if the school in the nonresident district is closer to the student's residence than the closest school in the student's resident district. Any school district that before the 1998-1999 school year paid tuition for elementary students residing in a specific geographic area of the district to attend school in another school district may pay allowances for transportation, room, and board as provided in § 13-30-1 for any elementary student residing in the geographic area who attends the elementary school outside the student's resident district that is closest to the student's residence, including cases in which the student is enrolled in the other district pursuant to § 13-28-40. Payment of allowances pursuant to this Act for a student enrolled in a school outside the student's resident district pursuant to § 13-28-40 does not obligate the resident district to pay such allowances for any student enrolled outside the resident district pursuant to § 13-28-40 who does not meet the criteria specified in this Act. Any allowance authorized pursuant to this Act shall be paid for the 1998-1999 school year and for each school year thereafter. "

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

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MOTION:      AMEND HB 1277

t-1277b

     On the previously adopted amendment (t-1277a) on line 1, delete " may " and insert " shall " .

    On line 7, delete "may" and insert "shall".

Moved by:      Representative Davis
Second by:      Representative McCoy
Action:      Failed by voice vote.

MOTION:      DEFER HB 1277 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Brooks
Second by:      Representative Lucas
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Brooks, Davis, Earley, Fitzgerald, Garnos, Hennies, Juhnke, Kooistra, Lockner, Lucas, McCoy, Eccarius, Brown (Richard)

          HB 1178:   revise the state aid for special education funding formula.

Proponents:      Dianna Miller, ESD+5
          Charisse Oland, Children's Care Hospital
          Elaine Roberts, SDEA
          Christie Johnson, SASD
          Gene Enck, ASBSD
Opponents:      Rick Klawiter, Self
Presented by:      Representative Mitch Richter

MOTION:      AMEND HB 1178

d-1178b

     On page 3 , between lines 9 and 10 of the printed bill , insert:

"

             (1)    "Level one disability," a speech or language disability;

             (2)    "Level two disability," a learning disability or other health impairment;

             (3)    "Level three disability," a preschool developmental delay;

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             (4)    "Level four disability," a mental retardation or emotional disorder;

             (5)    "Level five disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;

             (6)    "Level six disability," autism;

             (7)    "Level seven disability," multiple disabilities; "

     On page 3 , line 10 , delete " (1) " and insert " (8) " .

     On page 3 , line 14 , delete " (2) " and insert " (9) " .

     On page 3 , line 16 , delete " (3) " and insert " (10) " .

     On page 3 , line 16 , delete " primary " and insert " level one " .

     On page 3 , line 16 , delete " of autism " .

     On page 3 , line 17 , delete " $14,759 " and insert " $2,295 " .

     On page 3 , line 18 , delete " primary " and insert " level one " .

     On page 3 , line 18 , delete " of autism " .

     On page 3 , line 20 , delete " (4) " and insert " (11) " .

     On page 3 , line 20 , delete " primary " and insert " level two " .

     On page 3 , line 20 , delete " of deaf-blindness " .

     On page 3 , line 21 , delete " $7,644 " and insert " $4,413 " .

     On page 3 , line 22 , delete " primary " and insert " level two " .

     On page 3 , line 22 , delete " of deaf-blindness " .

     On page 3 , line 25 , delete " (5) " and insert " (12) " .

     On page 3 , line 25 , delete " primary " and insert " level three " .

     On page 4 , line 1 , delete " $11,144 " and insert " $6,487 " .

     On page 4 , line 2 , delete " primary " and insert " level three " .

     On page 4 , line 2 , delete " of deafness " .

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     On page 4 , line 4 , delete " (6) " and insert " (13) " .

     On page 4 , line 4 , delete " primary " and insert " level four " .

     On page 4 , line 4 , delete " of developmentally delayed " .

     On page 4 , line 5 , delete " $6,288 " and insert " $8,090 " .

     On page 4 , line 9 , delete " primary " and insert " level five " .

     On page 4 , line 9 , delete " of hearing impairment " .

     On page 4 , line 10 , delete " $9,702 " and insert " $10,272 " .

     On page 4 , line 22 , delete " primary " and insert " level five " .

     On page 4 , line 11 , delete " of hearing impairment " .

     On page 4 , line 14 , delete " (8) " and insert " (15) " .

     On page 4 , line 14 , delete " primary " and insert " level six " .

     On page 4 , line 14 , delete " of mental retardation " .

     On page 4 , line 15 , delete " $7,995 " and insert " $14,572 " .

     On page 4 , line 16 , delete " primary " and insert " level six " .

     On page 4 , line 16 , delete " of mental retardation " .

     On page 4 , line 19 , delete " (9) " and insert " (16) " .

     On page 4 , line 19 , delete " primary " and insert " level seven " .

     On page 4 , line 20 , delete " $15,572 " and insert " $15,626 " .

     On page 4 , line 21 , delete " primary " and insert " level seven " .

     On page 4 , line 24 , delete " (10) " and insert " (17) " .

     On page 4 , line 24 , delete " primary " and insert " level eight " .

     On page 4 , line 25 , delete " $9,958 " and insert " $????? " .

     On page 5 , line 1 , delete " primary " and insert " level eight " .

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     On page 5 , line 1 , delete " of orthopedic impairment " .

     On page 5 , delete lines 4 to 25 , inclusive .

     On page 6 , line 9 , delete " (17) " and insert " (18) " .

     On page 6 , line 14 , delete " primary " and insert " level one " .

     On page 6 , line 14 , delete " of autism " .

     On page 6 , line 16 , delete " primary " and insert " level one " .

     On page 6 , line 16 , delete " of autism " .

     On page 6 , line 17 , delete " primary " and insert " level two " .

     On page 6 , line 17 , delete " of deaf-blindness " .

     On page 6 , line 19 , delete " primary " and insert " level two " .

     On page 6 , line 19 , delete " of deaf-blindness " .

     On page 6 , line 20 , delete " primary " and insert " level three " .

     On page 6 , line 20 , delete " of deafness " .

     On page 6 , line 22 , delete " primary " and insert " level three " .

     On page 6 , line 22 , delete "of deaf blindness.

     On page 6 , line 23 , delete " primary " and insert " level four " .

     On page 6 , line 23 , delete " of hearing impairment " .

     On page 6 , line 25 , delete " primary " and insert " level four " .

     On page 6 , line 25 , delete "of hearing impairment."

     On page 7 , line 1 , delete " primary " and insert " level five " .

     On page 7 , line 1 , delete " of mental retardation " .

     On page 7 , line 3 , delete " primary " and insert " level five " .

     On page 7 , line 3 , delete " of mental retardation " .

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     On page 7 , line 4 , delete " primary " and insert " level six " .

     On page 7 , line 4 , delete " of multiple disabilities " .

     On page 7 , line 6 , delete " primary " and insert " level six " .

     On page 7 , line 6 , delete " of multiple disabilities " .

     On page 7 , line 7 , delete " primary " and insert " level seven " .

     On page 7 , line 7 , delete " of orthopedic " .

     On page 7 , line 8 , delete " impairment " .

     On page 7 , line 9 , delete " primary " and insert " level seven " .

     On page 7 , line 3 , delete " of orthopedic " .

     On page 7 , line 10 , delete " impairment " .

     On page 7 , delete lines 11 to 25 , inclusive .

     On page 8 , delete lines 1 to 8 , inclusive .

     On page 8 , line 9 , delete " (n) " and insert " (h) " .

     On page 8 , line 9 , delete " (m) " and insert " (g) " .

     On page 10 , line 7 , delete " 5 " and insert " 4 " .

     On page 10 , between lines 8 and 9 , insert:

"      Section 8A. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

     In addition, for the purposes specified in §  13-37-40, money set aside pursuant to § 13-37-40 may be used by the Department of Education and Cultural Affairs to establish and maintain a program to assist school districts with legal matters relating to special education or to employ personnel to audit school districts for compliance with the provisions of this Act.

     Section 8B. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:
    
    A level seven disability must meet criteria for at least two disability categories in levels four and five, excluding the combination of deafness and blindness.

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     Section 8C. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:
    
    Any student who is less than six years of age who meets the level three criteria, not including level one criteria, must be reported as a level three disability. However, a student who is younger than six years of age who has a level one disability must be reported as a level one disability.
     Section 8D. The Department of Education and Cultural Affairs may promulgate rules pursuant to chapter 1-26 to define the various disabilities in this Act. "

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

The Chair deferred HB 1178 until Thursday meeting.

MOTION:      DEFER HB 1178 UNTIL THURSDAY.

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

MOTION:      ADJOURN

Moved by:      Representative Earley
Second by:      Representative McCoy
Action:      Prevailed by voice vote.

Jean Smith

Committee Secretary