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 Earley
Second by:      Representative Davis
Action:      Prevailed by voice vote.


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

Proponents:      Dianna Miller, ESD+5
Opponents:      None
Presented by:    Representative Mitch Richter
         
MOTION:      SUBSTITUTE MOTION AMEND HB 1178

d-1178b

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

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"

             (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;

             (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 " .

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

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

     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 6 , delete " primary " and insert " level four " .

     On page 4 , line 6 , delete " developmentally " .

     On page 4 , line 7 , delete " delayed " .

     On page 4 , line 9 , delete " (7) " and insert " (14) " .

     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 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 19 , delete " of multiple disabilities " .

     On page 4 , line 20 , delete " $15,863 " and insert " $15,626 " .

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

     On page 4 , line 21 , delete " of multiple disabilities " .

     On page 4 , delete lines 24 and 25 .

     On page 5 , delete lines 1 to 25 , inclusive .

     On page 6 , delete lines 1 to 8 , inclusive .

     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 9 , 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 9 , line 12 , delete " general " and insert " special education " .

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

MOTION:      DO PASS HB 1178 AS AMENDED

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

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

Voting no:      Kooistra, Eccarius

          HB 1229:   require placement of students in temporary custody for certain weapons violations on school premises.

Presented by:      Representative Jim Putnam

MOTION:      AMEND HB 1229

c-1229

     On page 2 , line 1 of the printed bill , delete " any policy " and insert " §  13-32-7 " .

     On page 2 , line 2 , delete everything before " shall " .

     On page 2 , line 3 , delete everything after " authorities " and insert " . " .

     On page 2 , delete line 4 .

     On page 2 , delete line 24 .

     On page 2 , line 25 , delete everything before " child " and insert " A " .

     On page 3 , delete line 1 , and insert " custody by a law enforcement officer who shall immediately notify an intake officer who shall conduct a hearing pursuant to §  26-7A-13. " .

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     On page 3 , delete lines 2 and 3 .

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

MOTION:      DO PASS HB 1229 AS AMENDED

Moved by:      Representative Kooistra
Second by:      Representative Eccarius
Action:      Prevailed by roll call vote.   (12-0-1-0)

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

Excused:      Brooks

MOTION:      TO AMEND TITLE OF HB 1229

c-1229t

     On page 1 , line 1 of the printed bill , delete everything after " require " and insert " the reporting of certain weapons violations on school premises to local law enforcement authorities. " .

     On page 1 , delete line 2 .

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

MOTION:      PLACE HB 1229 ON CONSENT

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

          HB 1162:   establish the A+ Schools Program in the fine arts, and to make an appropriation therefor.



MOTION:      TO TABLE HB 1162

Moved by:      Representative Eccarius
Second by:      Representative Earley
Action:      Prevailed by roll call vote.   (12-0-1-0)

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

Excused:      Brooks

          SB 27:   require the conduct of criminal background checks for certain persons employed by the Board of Regents.

Proponents:      Marje Kaiser, South Dakota School for the Blind and Visually Impaired
          Jim Shekleton, Board of Regents
          Bob Stevens, SDEA
Opponents:      None
Presented by:      Dr. John Green, South Dakota School for the Deaf

MOTION:      DO PASS SB 27

Moved by:      Representative Fitzgerald
Second by:      Representative Davis
Action:      Prevailed by roll call vote.   (12-0-1-0)

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

Excused:      Brooks

MOTION:      PLACE SB 27 ON CONSENT

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

         
MOTION:      ADJOURN

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

Jean Smith

Committee Secretary