75th Legislative Session -- 2000

Committee: Senate Education

Tuesday, January 25, 2000

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Ham
P      Hutmacher
P      Olson
P      Paisley
P      Reedy
P      Brosz, Vice-Chair
P      Everist, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Everist


MOTION:      TO APPROVE THE MINUTES OF JANUARY 20, 2000

Moved by:      Senator Reedy
Second by:      Senator Olson
Action:      Prevailed by voice vote.

MOTION:      To introduce as a committee bill the following bill as requested by the Governor:

        An Act to require orientation for school board members.

Moved by:      Senator Olson
Second by:      Senator Brosz
Action:      Prevailed by voice vote.

          SB 59:   clarify certain provisions related to the filing of student birth certificates.

Presented by:      Senator Albers
          H Wayne Williams, Alternative Instruction Association

MOTION:      AMEND SB 59

59cb

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

"      Section 1. That § 13-27-3.1 be amended to read as follows:

     13-27-3.1.   Any person who is required pursuant to §  13-27-1 to cause any child to attend any public or nonpublic school or alternative instruction program pursuant to §  13-27-3 in this state shall, either at the time of enrollment in any school in this state or upon being excused from school attendance pursuant to §  13-27-3 or within thirty days of initial enrollment or excuse, provide the public or nonpublic school or the alternative instruction program with a certified copy of such the child's birth certificate or affidavit in lieu of birth certificate as issued by the department of health in such cases where the original birth certificate is deemed unattainable. Any parent or guardian who requests an excuse for his or her child pursuant to §  13-27-3, shall with the initial request for excuse, provide a certified copy of the child's birth certificate or an affidavit notarized or witnessed by two or more witnesses, swearing or affirming that the child identified on the request for excuse is the same person appearing on the child's certified birth certificate. A violation of this section is a Class 2 misdemeanor.

     Section 2. That § 13-27-3.2 be amended to read as follows:

     13-27-3.2.   Any copy of any certified birth certificate provided pursuant to §   13-27-3.1 shall be maintained by the public or nonpublic school or alternative instruction program and shall become be a part of the child's permanent cumulative school record.

     Section 3. That § 13-27-3.3 be amended to read as follows:

     13-27-3.3.   The superintendent of any public or nonpublic school or any person who provides alternative instruction in this state who maintains a child's permanent cumulative school record shall regularly report to the state's attorney school board of the district the name and address of any child for whom the school whose permanent cumulative record does not have a copy of a certified birth certificate in violation of §   13-27-3.1 or 13-27-3.2. Upon receipt of the report of violation, the school board shall notify by certified mail the parent or guardian of the child whose record is in violation of § §  13-27-3.1 and 13-27-3.2. If the violation is not corrected within thirty days after the report, the school board of the district shall notify the state's attorney . "



Moved by:      Senator Olson
Second by:      Senator Brosz
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 59 AS AMENDED

Moved by:      Senator Olson
Second by:      Senator Paisley
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Ham, Hutmacher, Olson, Paisley, Reedy, Brosz, Everist

          SB 71:   remove certain restrictions relating to the use of school buses.

Presented by:      Senator Brosz
Proponents:      Dick Tieszen, Associated School Boards of South Dakota
          Gene Enck, Associated School Boards of South Dakota

MOTION:      AMEND SB 71

71ca

     On page 2 , line 5 of the printed bill , after " organizations. " insert " If the use of a school bus is granted by a school board, the school district is not liable for suit or damages which may result from the operation of the bus by a nonprofit civic organization or other government entity. " .


Moved by:      Senator Paisley
Second by:      Senator Ham
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 71 AS AMENDED

Moved by:      Senator Paisley
Second by:      Senator Ham
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Ham, Olson, Paisley, Reedy, Brosz, Everist

Excused:      Hutmacher

          SB 85:   create a children's public health and education trust fund and a children's public health and education interest fund and to designate the interest fund for certain children's public health and education programs.

Presented by:      Senator Brown
Proponents:      Representative Fiegen
          Mike Lund, Brookings (Document #1)
          Susan M Randall, South Dakota Coalition for Children
          Kitty Kinsman, American Cancer Society (Documents #2, #3)
          Jay Gilbertson, Brookings
Opponents:      Curt Everson, Bureau of Finance and Management

MOTION:      DO PASS SB 85

Moved by:      Senator Olson
Second by:      Senator Hutmacher
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Ham, Hutmacher, Olson, Paisley, Reedy, Brosz, Everist

          SB 102:   authorize certain minor school calendar adjustments.

Presented by:      Senator Lawler
Proponents:      Sherlock Hirning, Superintendent, Eureka Schools

MOTION:      ADJOURN

Moved by:      Senator Olson
Second by:      Senator Hutmacher
Action:      Prevailed by voice vote.



Nancy Benson

_________________________________

Committee Secretary
Barbara Everist, Chair


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