84th Legislative Session _ 2009

Committee: Senate Education
Tuesday, March 03, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gray
P    Jerstad
P    Knudson, Vice-Chair
P    Nesselhuf
P    Olson (Russell)
P    Peterson
P    Garnos, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Cooper Garnos, Chair.

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 24, 2009

Moved by:    Olson (Russell)
Second by:    Knudson
Action:    Prevailed by voice vote.

         HB 1067: allow the voters of a school district to discontinue school board representation areas.

Presented by:    Representative Bill Van Gerpen
Proponents:    Wayne Lueders, Associated School Boards of SD
        John Pedersen, School Administrator of South Dakota

MOTION:     DO PASS HB 1067

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by roll call vote. (6-0-1-0)


Voting Yes:    Gray, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

Excused:    Jerstad

MOTION:     PLACE HB 1067 ON CONSENT CALENDAR

Moved by:    Knudson
Second by:    Peterson
Action:    Prevailed by voice vote.

         HB 1149: allow a person or entity to offer postsecondary education credit in South Dakota while seeking accreditation from a recognized accrediting agency.

Presented by:    Representative Thomas Brunner
Proponents:    Sam Gingerich, Board of Regents

MOTION:     DO PASS HB 1149

Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by roll call vote. (5-0-2-0)

Voting Yes:    Gray, Knudson, Olson (Russell), Peterson, Garnos

Excused:    Jerstad, Nesselhuf

         HB 1252: repeal certain provisions relating to the education enhancement tobacco tax fund.

Presented by:    Jim Terwilliger, Bureau of Finance and Management
Opponents:    Wayne Lueders, Associated School Boards of SD
        Dick Tieszen, Sioux Falls School District

MOTION:     DO PASS HB 1252

Moved by:    Knudson
Action:    Died for lack of a second.

MOTION:     DEFER HB 1252 UNTIL THURSDAY, MARCH 5, 2009

Moved by:    Gray
Second by:    Knudson
Action:    Prevailed by roll call vote. (5-0-2-0)

Voting Yes:    Gray, Knudson, Olson (Russell), Peterson, Garnos

Excused:    Jerstad, Nesselhuf

         HB 1254: revise the index factor in the state aid to education formula.

Presented by:    Representative Ed McLaughlin
Proponents:    Jim Hutmacher, Mid Size Schools
        John Pedersen, School Administrator of South Dakota
        Wayne Lueders, Associated School Boards of SD
Opponents:    Tammy Darnall, Department of Education

MOTION:     DO PASS HB 1254

Moved by:    Peterson
Second by:    Nesselhuf
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1254

1254cc

     On the House Education Committee engrossed bill, delete everything after the enacting clause and insert:

     "
     Section 1. Public education is hereby enhanced."


Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Gray, Jerstad, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

 MOTION:     DO PASS HB 1254 AS AMENDED

Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Gray, Jerstad, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

 MOTION:     AMEND TITLE OF HB 1254

1254ctc

     On page 1, line 1, of the House Education Committee engrossed bill, delete everything after "An Act to" and insert "enhance education.".

     On page 1, delete line 2.


Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by voice vote.

         HB 1297: restrict the use of minor adjustments to school district boundaries and to revise the application process for minor boundary changes.

Presented by:    Representative Tim Rave (Handout: 2)
Opponents:    Dick Tieszen, Sioux Falls School District (Handout: 1)

MOTION:     DEFER HB 1297 TO THE 41ST LEGISLATIVE DAY

Moved by:    Knudson
Second by:    Jerstad
Action:    Prevailed by roll call vote. (5-2-0-0)

Voting Yes:    Gray, Jerstad, Knudson, Nesselhuf, Peterson

Voting No:    Olson (Russell), Garnos

MOTION:     REMOVE HB 1241 FROM THE TABLE

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

         HB 1241: provide for the delivery of special education or special education and related services to a child during the child's transition from one state school district to another.

Proponents:    Dick Tieszen, SD Associated School Boards

MOTION:     AMEND HB 1241

1241cc

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

     "
     Section 1. That § 13-32-4 be amended to read as follows:

     13-32-4.   The school board of every school district shall assist and cooperate with the administration and teachers in the government and discipline of the schools. The board may suspend or expel from school any student for violation of rules or policies or for insubordination or misconduct, and the superintendent or principal in charge of the school may temporarily suspend any student in accordance with § 13-32-4.2. The rules or policies may include prohibiting the following:

             (1)      The consumption or possession of beer or alcoholic beverages on the school premises or at school activities;
             (2)      The use or possession of a controlled substance, without a valid prescription, on the school premises or at school activities; and
             (3)      The use or possession of a firearm, as provided in § 13-32-7, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions or activities.
     In addition to administrative and school board disciplinary action, any violation of § 13-32-7 shall be reported to local law enforcement authorities.
     The period of expulsion may extend beyond the semester in which the violation, insubordination, or misconduct occurred. Any expulsion for consumption or possession of beer or alcoholic beverages may not extend beyond ninety school days. If a student has intentionally brought a firearm onto school premises, the expulsion may not be for less than twelve months.
     However, the superintendent or chief administering officer of each local school district or system may increase or decrease the length of a firearm-related expulsion on a case-by-case basis. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 to establish administrative due process procedures for the protection of a student's rights. The administrative due process procedures shall include a requirement that the school give notice of a student's due process rights to the parent or guardian of the student at the time of suspension or expulsion. Each school district board shall provide a procedural due process hearing, if requested, for a student in accordance with such rules if the suspension or expulsion of the student extends into the eleventh school day.
     This section does not preclude other forms of discipline which may include suspension or expulsion from a class or activity. An individualized education program team decision for an initial placement or a change in placement of a student in need of special education or special education and related services does not constitute a suspension or an expulsion, or a continuation of a suspension or expulsion, if the education provided to that student is in compliance with rules established by the South Dakota Board of Education.
     This section does not prohibit a local school district from providing educational services to an expelled student in an alternative setting. "


Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1241 AS AMENDED

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Jerstad, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

Excused:    Gray

 MOTION:     AMEND TITLE OF HB 1241

1241cta

     On page 1, line 1, of the House engrossed bill, delete everything after "An Act to" and insert "clarify that certain special education placements are not suspensions or expulsions.".

     On page 1, delete lines 2 and 3.


Moved by:    Knudson
Second by:    Peterson
Action:    Prevailed by voice vote.

 MOTION:     ADJOURN

Moved by:    Jerstad
Second by:    Knudson
Action:    Prevailed by voice vote.


Cheri Hauschild

____________________________

Committee Secretary
Cooper Garnos, Chair