House Education Minutes 02/15/2001 10:00 AM

76^th Legislative Session _ 2001

Committee: House Education

Thursday, February 15, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Begalka
P    Davis
P    Elliott
P    Garnos
P    Heineman
P    Juhnke
P    Kooistra
P    McCaulley
P    McCoy
P    Monroe
P    Van Norman
P    Wick
P    Smidt, Vice-Chair
P    Eccarius, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Scott Eccarius

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 13, 2001

Moved by:    McCoy
Second by:    Juhnke
Action:    Prevailed by voice vote.

         HB 1258: revise the distribution of state aid to education.

Presented By:    Representative Scott Eccarius

Proponents:    Bob Stevens (SD Education Association)
        Dianna Miller (ESD+5)
Opponents:    Larry Johnke (Irene Schools)
        Chris Anderson (Bennett Co. Schools)
        Keith McVay (Marion Schools)

MOTION:     AMEND HB 1258

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

" Section 1. That § 13-13-10.1 be amended to read as follows:

13-13-10.1. Terms used in this chapter mean:

(1) "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;

(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 an average daily membership of two hundred or less and a general fund balance percentage of forty percent or less , multiply 1.2 times the average daily membership;

(b) For districts with an average daily membership of less than six hundred, but greater than two hundred and a general fund balance percentage of forty percent or less , raise the average daily membership to the 0.8293 power and multiply the result

times 2.98;

(c) For districts with an average daily membership of six hundred or more or a general fund balance percentage of more than forty percent , multiply 1.0 times their average daily membership;

(2A) "General fund balance percentage," is a school district's ending general fund cash balance for the previous school fiscal year divided by the school districts total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent ;

(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 2. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

The secretary of the Department of Education and Cultural Affairs shall determine the reduction in state aid to education to school districts resulting from school districts having a general fund balance percentage greater than forty percent. The secretary of the Department of Education and Cultural Affairs shall distribute the amount of money so determined on a pro rata basis according to the school districts' average daily membership to school districts with a general fund balance percentage of less than twenty percent."

Moved by:    McCoy
Second by:    Heineman
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1258 AS AMENDED

Moved by:    McCoy
Second by:    McCaulley
Action:    Prevailed by roll call vote.(15-0-0-0)

Voting Yes:    Bartling, Begalka, Davis, Elliott, Garnos, Heineman, Juhnke, Kooistra, McCaulley, McCoy, Monroe, Van Norman, Wick, Smidt, Eccarius

MOTION:     TO AMEND TITLE OF HB 1258

On page 1 , line 1, delete everything after " An Act to " and insert "revise the distribution of state aid to education.".

Moved by:    Wick
Second by:    Juhnke
Action:    Prevailed by voice vote.

         HB 1226: require South Dakota school districts to provide the names and addresses of certain secondary school students to the Board of Regents and the Department of Education and Cultural Affairs.

Presented By:    Representative Orville Smidt
Proponents:    Gene Enck (Associated School Boards of SD)
        Jim Shekleton (SD Board of Regents)l
Opponents:    Elaine Roberts (SD Education Association)
        Dianna Miller (ESD+5)
        Bob Stevens (Self)

MOTION:     AMEND HB 1226

On page 1, line 8 of the printed bill, delete " nine " and insert "eight".

Moved by:    Wick
Second by:    Monroe
Action:    Failed by voice vote.

MOTION:     DO PASS HB 1226

Moved by:    Monroe
Second by:    Wick
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1226

On page 1, line 10 of the printed bill, after " Regents. " insert "In addition, the Department of Education and Cultural Affairs shall provide the same lists of students to accredited private colleges in the state, upon written request.".

Moved by:    McCaulley
Second by:    Monroe
Action:    Prevailed by roll call vote.(9-6-0-0)

Voting Yes:    Bartling, Begalka, Elliott, Heineman, McCaulley, Monroe, Wick, Smidt, Eccarius

Voting No:    Davis, Garnos, Juhnke, Kooistra, McCoy, Van Norman

MOTION:     SUBSTITUTE MOTION DEFER HB 1226 TO THE 41^ST LEGISLATIVE DAY

Moved by:    McCoy
Second by:    Davis
Action:    Prevailed by roll call vote.(9-6-0-0)

Voting Yes:    Bartling, Begalka, Davis, Elliott, Garnos, Juhnke, Kooistra, McCoy, Van Norman

Voting No:    Heineman, McCaulley, Monroe, Wick, Smidt, Eccarius

         HB 1165: establish certain girls' high school athletic seasons.

Presented By:    Representative Frank Kloucek
Proponents:    Rod Goeman (Self)
        David Hoffman (Self)
        Dana Marquardt (Self)
        Madonna Thunder Hawk (Self)
        Charlie Hoffman (Eureka School Board)
Opponents:    John Brown (SD High School Activities Association)

        Kathy Heiss (Self)

MOTION:     DEFER HB 1165 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Davis
Second by:    Juhnke
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS HB 1165

Moved by:    Monroe
Second by:    Begalka
Action:    Failed by roll call vote.(4-11-0-0)

Voting Yes:    Begalka, McCoy, Monroe, Van Norman

Voting No:    Bartling, Davis, Elliott, Garnos, Heineman, Juhnke, Kooistra, McCaulley, Wick, Smidt, Eccarius

MOTION:     DEFER HB 1165 TO THE 41^ST LEGISLATIVE DAY

Action:    Prevailed by roll call vote.(11-4-0-0)

Voting Yes:    Bartling, Davis, Elliott, Garnos, Heineman, Juhnke, Kooistra, McCaulley, Wick, Smidt, Eccarius

Voting No:    Begalka, McCoy, Monroe, Van Norman

         HB 1206: provide for a refund of tuition for certain teachers.

Presented By:    Representative Hal Wick
Proponents:    Elaine Roberts (SD Education Association)
        Gene Enck (Associated School Boards of SD)
Opponents:    None

MOTION:     AMEND HB 1206

On page 1, line 4 of the printed bill, after " district " insert "or nonpublic school system".

Moved by:    Smidt
Second by:    Monroe
Action:    Failed by voice vote.

MOTION:     DO PASS HB 1206

Moved by:    Smidt
Second by:    Heineman
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1206 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Bartling
Second by:    Davis
Action:    Failed by roll call vote.(6-9-0-0)

Voting Yes:    Bartling, Begalka, Davis, McCaulley, McCoy, Eccarius

Voting No:    Elliott, Garnos, Heineman, Juhnke, Kooistra, Monroe, Van Norman, Wick, Smidt

MOTION:     DO PASS HB 1206

Action:    Prevailed by roll call vote.(9-6-0-0)

Voting Yes:    Elliott, Garnos, Heineman, Juhnke, Kooistra, Monroe, Van Norman, Wick, Smidt

Voting No:    Bartling, Begalka, Davis, McCaulley, McCoy, Eccarius

MOTION:     ADJOURN

Moved by:    Elliott
Second by:    Garnos
Action:    Prevailed by voice vote.

Jeanne Bullard

____________________________

Committee Secretary

Scott Eccarius, Chair

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