76
th Legislative Session _ 2001
234td
On page
2 of the Senate engrossed bill,
delete lines
14 to 19
, inclusive, and insert:
"
(1) One teacher and one counselor who are members of the South Dakota Education
Association;
(2) One teacher and one counselor who may be, but are not required to be, members of a
professional teachers or counselors association;
(3) One school board member who is a member of the Associated School Boards of South
Dakota;
(4) One school administrator who is a member of the School Administrators of South Dakota
and one school administrator who may be, but is not required to be, a member of a
professional school administrators association;
(5) One member of the South Dakota Board of Education; and
(6) One parent who may be, but is not required to be, a member of a Parent Teacher
Association or similar association.".
234cc
On page
2,
line 1 of the Senate engrossed bill,
after "
.
"
insert "
The secretary of the Department
of Education and Cultural Affairs shall solicit advice and recommendations from the affected parties
on issues surrounding the criterion-referenced tests required by this section.
".
On page
2
,
delete lines
4 to 24
, inclusive.
Delete page
3
.
153cb
On the Senate Education Committee engrossed bill, delete everything after the enacting clause
and insert:
"
Section 1. That chapter
13-43
be amended by adding thereto a NEW SECTION to read as
follows:
Individuals employed in an administrative capacity, but who do not hold a valid South Dakota
certificate pursuant to chapter 13-42, are subject to the code of professional ethics as established
under
§
13-43-45.
Section 2. That chapter
13-43
be amended by adding thereto a NEW SECTION to read as
follows:
The Professional Administrators Practices and Standards Commission shall publish the findings
of violations of the code of professional ethics in the designated legal newspaper of the school
system where the respondent is currently employed or was last employed. The findings shall be
published for three consecutive weeks."
153cc
On the Senate Education Committee engrossed bill, delete everything after the enacting clause
and insert:
"
Section 1. That chapter
13-43
be amended by adding thereto a NEW SECTION to read as
follows:
Individuals employed in an administrative capacity, but who do not hold a valid South Dakota
certificate pursuant to chapter 13-42, are subject to the code of professional ethics as established
under
§
13-43-45."
Moved by: Kooistra
Second by: Monroe
Action: Failed by roll call vote.(6-9-0-0)
Voting Yes: Elliott, Garnos, Kooistra, McCoy, Smidt, Eccarius
Voting No: Bartling, Begalka, Davis, Heineman, Juhnke, McCaulley, Monroe, Van Norman,
Wick
MOTION:
TO TABLE SB 153 AS AMENDED
Moved by: Smidt
Second by: McCoy
Action: Failed by roll call vote.(7-8-0-0)
Voting Yes: Bartling, Davis, Garnos, Kooistra, McCoy, Smidt, Eccarius
Voting No: Begalka, Elliott, Heineman, Juhnke, McCaulley, Monroe, Van Norman, Wick
MOTION:
SUBSTITUTE MOTION TO AMEND SB 153
153cd
Delete the previously adopted amendment (153cb).
On the Senate Education Committee engrossed bill, delete everything after the enacting clause
and insert:
"
Section 1. That chapter
13-43
be amended by adding thereto a NEW SECTION to read as
follows:
Individuals employed in an administrative capacity, but who do not hold a valid South Dakota
certificate pursuant to chapter 13-42, are subject to the code of professional ethics as established
under
§
13-43-45.
Section 2. That chapter
13-43
be amended by adding thereto a NEW SECTION to read as
follows:
The Professional Administrators Practices and Standards Commission may publish a summary
of the findings of fact, conclusions of law, and the decisions of the commission as they relate to
violations of the code of professional ethics in the designated legal newspaper of the school system
where the respondent is currently employed or was last employed. The findings shall be published
for three consecutive weeks."
Moved by: McCaulley
Second by: Davis
Action: Prevailed by voice vote.
MOTION:
DEFER SB 153 TO THE 41ST LEGISLATIVE DAY
Moved by: McCoy
Action: Failed for lack of a second.
MOTION:
DO PASS SB 153 AS AMENDED
Moved by: McCaulley
Second by: Begalka
Action: Prevailed by roll call vote.(11-4-0-0)
Voting Yes: Begalka, Davis, Heineman, Juhnke, Kooistra, McCaulley, Monroe, Van Norman,
Wick, Smidt, Eccarius
Voting No: Bartling, Elliott, Garnos, McCoy
MOTION:
AMEND TITLE OF SB 153
153ctb
On page
1,
line 1 of the Senate Education Committee engrossed bill,
delete everything after "
Act
to
"
and insert "subject uncertified school administrators to a code of professional ethics and to allow
for the publication of violations of the code of professional ethics.".
On page
1
,
delete line
2
.
60db
On page
1,
after line 12 of the printed bill, insert:
"
Any approved K-12 application under the extraordinary cost fund must be funded prior to
funding the Part C requests.
Section 2. That
§
13-37-35.1
be amended to read as follows:
13-37-35.1.
Terms used in chapter 13-37 mean:
(1)
"Level one disability," a mild disability;
(2)
"Level two disability," a mental retardation or emotional disorder;
(3)
"Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness,
orthopedic impairment, or traumatic brain injury;
(4)
"Level four disability," autism;
(5)
"Level five disability," multiple disabilities;
(5A) "Level six disability," prolonged assistance;
(6)
"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;
(7)
"Local effort," is the amount of taxes payable each year, using a levy for the special
education fund of a school district of one dollar and thirty cents per thousand dollars of
taxable valuation;
(8)
"Allocation for a student with a level one disability," for the school fiscal year beginning
July 1, 1999, is $3,504. For each school year thereafter, the allocation for a student with
a level one disability shall be the previous fiscal year's allocation for such child increased
by the lesser of the index factor or three percent;
(9)
"Allocation for a student with a level two disability," for the school fiscal year beginning
July 1, 1999, is $7,914. For each school year thereafter, the allocation for a student with
a level two disability shall be the previous fiscal year's allocation for such child increased
by the lesser of the index factor or three percent;
(10)
"Allocation for a student with a level three disability," for the school fiscal year beginning
July 1, 1999, is $10,116. For each school year thereafter, the allocation for a student with
a level three disability shall be the previous fiscal year's allocation for such child increased
by the lesser of the index factor or three percent;
(11)
"Allocation for a student with a level four disability," for the school fiscal year beginning
July 1, 1999, is $14,705. For each school year thereafter, the allocation for a student with
a level four disability shall be the previous fiscal year's allocation for such child increased
by the lesser of the index factor or three percent;
(12)
"Allocation for a student with a level five disability," for the school fiscal year beginning
July 1, 1999, is $15,808. For each school year thereafter, the allocation for a student with
a level five disability shall be the previous fiscal year's allocation for such child increased
by the lesser of the index factor or three percent;
(12A) "Allocation for a student with a level six disability," for the school fiscal year beginning
July 2001, is $1,608. For each school year thereafter, the allocation for a student with a
level six disability shall be the previous fiscal year's allocation for such child increased
by the lesser of the index factor or three percent;
(13)
"Child count," is the number of students in need of special education or special education
and related services according to criteria set forth in rules promulgated pursuant to
§
§
13-37-1.1 and 13-37-46 submitted to the Department of Education and Cultural Affairs
in accordance with rules promulgated pursuant to
§
13-37-1.1;
(14)
"Average daily membership," the average number of kindergarten through twelfth grade
pupils enrolled in all schools operated by the school district during the previous regular
school year plus the average number of pupils for whom the district pays tuition;
(15)
"Nonpublic school," a sectarian organization or entity which is accredited by the secretary
of education and cultural affairs for the purpose of instructing children of compulsory
school age. This definition excludes any school that receives a majority of its revenues
from public funds;
(16)
"Nonpublic average daily membership," the average number of children under age sixteen
who are approved for alternative instruction pursuant to
§
13-27-2 during the previous
school year plus:
(a)
For nonpublic schools located within the boundaries of a public school district with
an average daily membership of six hundred or more during the previous school
year, the average number of kindergarten through twelfth grade pupils enrolled
during the previous regular school year in all nonpublic schools located within the
boundaries of the public school district;
(b)
For nonpublic schools located within the boundaries of a public school district with
an average daily membership of less than six hundred during the previous school
year, the average number of resident kindergarten through twelfth grade pupils
enrolled during the previous school year in all nonpublic schools located within the
State of South Dakota;
(17)
"Special education average daily membership," average daily membership plus nonpublic
average daily membership;
(18)
"Local need," an amount to be determined as follows:
(a)
Multiply the special education average daily membership by 0.089 and multiply the
result by the allocation for a student with a level one disability;
(b)
Multiply the number of students having a level two disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level two disability;
(c)
Multiply the number of students having a level three disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level three disability;
(d)
Multiply the number of students having a level four disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level four disability;
(e)
Multiply the number of students having a level five disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level five disability;
(f)
Multiply the number of students having a level six disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level six disability;
(g)
Sum the results of (a) through
(e)
(f)
;
(19)
"Effort factor," the school district's special education tax levy in dollars per thousand
divided by $1.30. The maximum effort factor is 1.0.
".
Moved by: Davis
Second by: McCoy
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 60 AS AMENDED
Moved by: Kooistra
Second by: Monroe
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:
PLACE SB 60 ON CONSENT
Moved by: McCoy
Second by: Van Norman
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: Monroe
Second by: Heineman
Action: Prevailed by voice vote.
Jeanne Bullard
____________________________
Committee SecretaryScott Eccarius, Chair
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