75th Legislative Session -- 2000
Committee: House Education
Thursday, January 27, 2000
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 JANUARY 25, 2000.
Moved by:
Representative Davis
Second by:
Representative Lockner
Action:
Prevailed by voice vote.
HB 1228:
clarify the effect of student suspension or expulsion on transfers.
Presented by:
Representative Steve Cutler, prime sponsor
Proponents:
Dick Tieszen, lobbyist, Associated School Boards of SD
Gary Kaufman, attorney, Huron
MOTION:
AMEND HB 1228
1228ca
On page
1
,
line
6 of the printed bill
,
delete "
from any school
"
.
Moved by:
Representative Brooks
Second by:
Representative Eccarius
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1228 AS AMENDED
Moved by:
Representative Davis
Second by:
Representative Eccarius
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)
MOTION:
PLACE HB 1228 ON CONSENT
Moved by:
Representative Davis
Second by:
Representative Hennies
Action:
Prevailed by voice vote.
HB 1193:
clarify the authority of federally regulated charter bus service operators
to provide charter bus services to schools.
Presented by:
Representative Steve Cutler, prime sponsor
Proponents:
Dick Tieszen, lobbyist, Associated School Boards of SD
Charles McGuigan, Attorney General's Office
MOTION:
DO PASS HB 1193
Moved by:
Representative Davis
Second by:
Representative Eccarius
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)
MOTION:
PLACE HB 1193 ON CONSENT
Moved by:
Representative Davis
Second by:
Representative Hennies
Action:
Prevailed by voice vote.
HB 1058:
revise certain provisions relating to special education.
Presented by:
Representative Scott Eccarius, prime sponsor
Proponents:
Dianna Miller, lobbyist, ESD+5 Schools
Todd Vik, Fiscal Officer, Department of Education and Cultural Affairs
Gene Enck, lobbyist, Associated School Boards of South Dakota
MOTION:
AMEND HB 1058
1058ca
On page
1
,
delete lines
3
to
16 of the printed bill
, inclusive
,
and insert:
"
Section 1. That
§
13-28-42
be repealed.
13-28-42.
The resident district is responsible for the provision of a free appropriate public
education for students in need of special education or special education and related services.
Notwithstanding the provisions of
§
13-28-44, a request to transfer a student in need of special
education or special education and related services may be granted only if, through the placement
committee process, the resident and nonresident districts determine that the nonresident district can
provide an appropriate instructional program and facilities to meet the student's needs. The resident
district shall reimburse the nonresident district actual costs incurred in providing an appropriate
special education for a student in need of special education and related services. Notwithstanding
the provisions of
§
13-28-45, the placement committee, including representatives of the resident and
nonresident districts, shall determine whether a student in need of special education requires
transportation as a related service. If so, the resident district shall provide or ensure the provision of
transportation.
If a parent or guardian of a student in need of special education or special education and related
services wishes to transfer the student back to the resident district, the request shall be considered
by the placement committee. The committee must include representatives of the resident and
nonresident districts.
Section 2. That chapter 13-28 be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding the provisions of
§
13-28-44, a request to transfer a student in need of special
education or special education and related services may be granted only if an individualized
education program team consisting of representatives from the resident and nonresident districts
determines that the nonresident district can provide an appropriate instructional program and
facilities to meet the student's needs. If the request to transfer is granted, the nonresident district is
responsible for the provision of a free appropriate public education for the student in need of special
education or special education and related services. Notwithstanding the provisions of
§
13-28-45,
the individualized education program team shall also determine whether the student in need of
special education requires transportation as a related service. If so, the nonresident district shall
provide or ensure the provision of transportation within the boundaries of the attendance center to
which the student is assigned.
If a parent or guardian of a student in need of special education or special education and related
services requests to transfer the student back to the resident district, the individualized education
program team shall consider the request."
On page
3
,
line
15
,
overstrike "
Resident average
"
and insert "
Average
"
.
On page
3
,
line
15
,
overstrike "
resident
"
.
On page
4
,
line
4
,
overstrike "
resident
"
.
On page
4
,
overstrike lines
24
and
25
.
On page
5
,
overstrike lines
1
and
2
.
On page
5
,
after line
2
,
insert:
"
Section 4. That
§
13-13-10.1
be amended to read as follows:
13-13-10.1.
Terms used in this chapter mean:
(1)
"
General enrollment average
Average
daily membership," the average number of resident
and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated
by the school district during the previous regular school year, minus average number of
pupils for whom the district receives tuition, except pupils described in subdivision (1A)
and pupils for whom tuition is being paid pursuant to
§
13-28-42 and plus the average
number of pupils for whom the district pays tuition
, except pupils for whom the district
pays tuition pursuant to
§
13-28-42
;
(1A)
Nonresident students who are in the care and custody of the Department of Social
Services, the Unified Judicial System, the Department of Corrections, or other state
agencies and are attending a public school may be included in the average daily
membership of the receiving district when enrolled in the receiving district. When
counting a student who meets these criteria in its general enrollment average daily
membership, the receiving district may begin the enrollment on the first day of
attendance. The district of residence prior to the custodial transfer may not include
students who meet these criteria in its general enrollment average daily membership after
the student ceases to attend school in the resident district;
(2)
"Adjusted average daily membership," calculated as follows:
(a)
For districts with a
general enrollment
average daily membership of two hundred
or less, multiply 1.2 times the
general enrollment
average daily membership;
(b)
For districts with a
general enrollment
average daily membership of less than six
hundred, but greater than two hundred, raise the
general enrollment
average daily
membership to the 0.8293 power and multiply the result times 2.98;
(c)
For districts with a
general enrollment
average daily membership of six hundred
or more, multiply 1.0 times their
general enrollment
average daily membership;
(3)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of the
United States Department of Labor for the year before the year immediately preceding the
year of adjustment or three percent, whichever is less;
(4)
"Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive, is
$1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student allocation
shall be $3,350 increased by the index factor. Each school fiscal year thereafter, the per
student allocation shall be the previous fiscal year's per student allocation increased by the
index factor;
(5)
"Local need," the per student allocation multiplied by the adjusted average daily
membership;
(6)
"Local effort," the amount of ad valorem taxes generated in a school fiscal year by
applying the levies established pursuant to
§
10-12-42.
Section 5. That
§
13-13-1.4
be amended to read as follows:
13-13-1.4.
If two or more school districts consolidate, for a period of four years after
consolidation, the adjusted average daily membership for the newly formed district shall be based
upon the
general enrollment
average daily membership as defined in
§
13-13-10.1 of those school
districts that have not previously benefited from this section as they existed prior to consolidation.
In years two to four, inclusive, after the consolidation, the relationship between the adjusted average
daily membership and
general enrollment
average daily membership shall be proportional to the
relationship that existed for the first year.
Section 6. That
§
13-13-73
be amended to read as follows:
13-13-73.
The secretary of the Department of Education and Cultural Affairs shall compute state
aid to education for each school district under the foundation program according to the following
calculations:
(1)
Determine each school district's
general enrollment
average daily membership;
(2)
Multiply the per student allocation by the adjusted average daily membership to arrive at
the local need per district;
(3)
State aid is (a) local need minus local effort, or (b) zero if the calculation in (a) is a
negative number;
(4)
If the state aid appropriation for the general support of education is in excess of the
entitlement provided for in this section, the excess shall be used to fund any shortfall of
the appropriation as provided for in
§
§
13-37-36 and 13-37-43. The secretary shall report
to the Governor by January seventh of each year, the amount of state aid necessary to fully
fund the general aid formula in the current year. If a shortfall in the state aid appropriation
for general education exists that cannot be covered by
§
13-37-45, the Governor shall
inform the Legislature and provide a proposal to eliminate the shortfall.
Section 7. That
§
13-15-28
be amended to read as follows:
13-15-28.
Any school district that enters into contractual agreements pursuant to
§
13-15-11 and
sends over fifty percent of its resident students enrolled in grades for which it contracts to an
adjoining school district or districts located in South Dakota shall reorganize the school district
pursuant to chapter 13-6 within two years of the end of the school year. For the purposes of this
section, the number of students attending adjoining districts shall be based on
general enrollment
average daily membership pursuant to subdivision 13-13-10.1(1). This section does not apply to a
school district located wholly within the boundaries of an Indian reservation.
Section 8. That
§
13-28-40
be amended to read as follows:
13-28-40.
An enrollment options program is established to enable any South Dakota kindergarten
through twelfth grade student to attend any public school that serves the student's grade level in any
South Dakota school district, subject to the provisions in
§
§
13-28-40 to 13-28-47, inclusive. For
purposes of determining state aid to education as it relates to the provisions of
§
§
13-28-40 to
13-28-47, inclusive,
general enrollment
average daily membership as defined in
§
13-13-10.1 is used
to compute foundation aid and
resident
special education
average daily membership as defined in
§
13-37-35 is used to determine funding for special education.
Section 9. That
§
13-28-39
be amended to read as follows:
13-28-39.
The Department of Social Services shall pay tuition costs and related service costs for
students in residential treatment centers or group care centers for minors who are under the care and
custody of the Department of Social Services, the Unified Judicial System, or other entities approved
by the secretary of the Department of Social Services.
For students with disabilities residing in a
foster home, the Department of Social Services shall pay for special education or special education
and related services. Students residing in foster homes must be in the care and custody of the
Department of Social Services, the Unified Judicial System, or other entities approved by the
secretary of the Department of Social Services.
The Department of Social Services will have rate
setting authority for tuition costs and related service costs.
The secretary of the Department of Social Services may promulgate rules, pursuant to chapter
1-26, pertaining to:
(1)
The amount, scope, and duration of services;
(2)
The basis for and extent of provider payments;
(3)
The method and amount of payment;
(4)
The methods of recoupment or recovery of overpayments;
(5)
Administration, record keeping, and audit requirements;
(6)
Compliance monitoring;
(7)
Reporting requirement;
(8)
Such other standards and requirements as may be necessary to ensure the efficient
operation and administration of the program.
"
Moved by:
Representative Eccarius
Second by:
Representative Juhnke
Action:
Prevailed by voice vote.
MOTION:
AMEND THE PREVIOUSLY ADOPTED AMENDMENT TO HB 1058
1058cb
In section 2,
line
5 of the previously adopted amendment (1058ca)
,
after "
facilities
"
insert
"
including transportation
"
.
Moved by:
Representative Lucas
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
AMEND THE PREVIOUSLY ADOPTED AMENDMENT TO HB 1058
1058cc
In section 2, line 1, of the previously adopted amendment (1058ca)
delete "
§
13-28-44
"
and insert
"
§
§
13-28-44 and 13-37-8.4
"
.
Moved by:
Representative Eccarius
Second by:
Representative Earley
Action:
Was not acted on.
SUBSTITUTE MOTION:
TO TABLE HB 1058
Moved by:
Representative Davis
Second by:
Representative Kooistra
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Brooks, Davis, Kooistra, Lockner, Lucas, McCoy
Voting no:
Earley, Fitzgerald, Garnos, Hennies, Juhnke, Eccarius, Brown (Richard)
PREVIOUS MOTION:
AMEND THE PREVIOUSLY ADOPTED AMENDMENT TO HB
1058
1058cc
In section 2, line 1, of the previously adopted amendment (1058ca)
delete "
§
13-28-44
"
and insert
"
§
§
13-28-44 and 13-37-8.4
"
.
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1058 AS AMENDED UNTIL THURSDAY, FEBRUARY 3, 2000.
Moved by:
Representative Eccarius
Second by:
Representative Davis
Action:
Prevailed by voice vote.
HB 1236:
establish the South Dakota teacher incentive student loan repayment program and
to make an appropriation therefor.
Presented by:
Representative Kent Juhnke, prime sponsor
Proponents:
Gene Enck, lobbyist, Associated School Boards of SD
Christie Johnson, lobbyist, School Administrators of SD
Bob Stevens, lobbyist, SDEA
Opponents:
Ray Christensen, Secretary, Department of Education and Cultural Affairs
MOTION:
DO PASS HB 1236
Moved by:
Representative Davis
Second by:
Representative Lucas
Action:
Was not acted on.
SUBSTITUTE MOTION:
REFER TO APPROPRIATIONS
Moved by:
Representative Juhnke
Second by:
Representative Brooks
Action:
Failed by roll call vote.
(4-8-1-0)
Voting yes:
Brooks, Earley, Fitzgerald, Juhnke
Voting no:
Davis, Garnos, Kooistra, Lockner, Lucas, McCoy, Eccarius, Brown (Richard)
Excused:
Hennies
SUBSTITUTE MOTION:
AMEND HB 1236
1236ca
On page
2
,
delete line
25 of the printed bill
.
Delete page
3
.
Moved by:
Representative Davis
Second by:
Representative Lucas
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1236 AS AMENDED
Moved by:
Representative Lucas
Second by:
Representative Davis
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Brooks, Davis, Garnos, Juhnke, Kooistra, Lockner, Lucas, McCoy, Eccarius, Brown
(Richard)
Voting no:
Earley, Fitzgerald
Excused:
Hennies
MOTION:
ADJOURN
Moved by:
Representative Kooistra
Second by:
Representative McCoy
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary
Richard “Dick” E. Brown, Chair
../01271000.HED Page 1