77th Legislative Session _ 2002

Committee: Senate Education
Tuesday, February 05, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Daugaard
P    Ham
P    Hutmacher
P    McIntyre
P    Munson
P    Olson (Ed), Vice-Chair
P    Brosz, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Brosz

MOTION:     TO APPROVE THE MINUTES OF JANUARY 31, 2002

Moved by:    Olson (Ed)
Second by:    McIntyre
Action:    Prevailed by voice vote.

          SB 115: repeal certain provisions relating to school district boundary changes.

Presented By:    Senator Albers
Proponents:    Dr. Al Van Overmeer, Superintendent, Lennox School District (Document #1)
        Brian Shanks, Superintendent, Elk Point-Jefferson
        Representative Kooistra
        Penelope Douglas, SD Coalition of Small Schools
        Christie Johnson, School Administrators of SD
        Dennis McFarland, Suburban School Coalition
Opponents:    Dan Nelson, Sioux Falls Area Chamber of Commerce
        Ray Christensen, Secretary, Department of Education and Cultural Affairs

MOTION:     AMEND SB 115

115da
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 13-6-85 be amended to read as follows:

     13-6-85.   A boundary change, affecting not more than two one percent of the assessed valuation and not more than two one percent of the tax-exempt acreage or other tax-exempt property to be determined at the discretion of the school district from which the area is to be taken, may be made upon an application for a boundary change to the school board of the school district from which the area is to be taken and to the school board of the school district to which the area is to be annexed, in the form of a petition signed by over fifty percent of the voters residing in the area to be transferred by the boundary change. Copies of the petitions shall also be delivered by the petitioners to the board of county commissioners having jurisdiction over the school districts affected. Any petitioner who is aggrieved by a decision of the school board under this section may appeal that decision.

     An appeal from the decision of the school board may be made to the circuit court in the time and manner specified by §  13-46-1 or to the secretary of the Department of Education and Cultural Affairs or his representative within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy thereof to the secretary of the Department of Education and Cultural Affairs. An appeal to the secretary of the Department of Education and Cultural Affairs may be heard by the secretary or his representative. The secretary of the Department of Education and Cultural Affairs shall thereafter set a time and place for the hearing and give at least ten days written notice of the hearing to the parties involved in the appeal, including all affected school districts. An appeal to the secretary is not a "contested case" subject to chapter 1-26. An appeal from the decision of the secretary may be made pursuant to §  13-6-89. On appeal from a decision of the secretary, the appeal shall be heard and determined in the same manner as a direct appeal from the school board decision pursuant to § 13-6-89 and chapter 13-46 without any presumption of the correctness of the decision of the secretary nor may the provisions of § 1-26-36 be applied to the decision of the secretary. Nothing in this section shall affect the right of an aggrieved party to appeal from the decision of the school board to the circuit court.

     Section 2. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

     Boundary changes pursuant to §  13-6-85 may only affect land which is classified for ad valorem tax purposes as agricultural land. "

Moved by:    Olson (Ed)
Second by:    Ham

Action:    Prevailed by voice vote.

 MOTION:     DEFER SB 115 AS AMENDED TO THE 36TH LEGISLATIVE DAY

Moved by:    Ham
Second by:    McIntyre
Action:    Prevailed by roll call vote.(5-1-1-0)

Voting Yes:    Daugaard, Ham, McIntyre, Olson (Ed), Brosz

Voting No:    Hutmacher

Excused:    Munson

          SB 149: allow a school district to impose additional taxes.

Presented By:    Senator Everist
Proponents:    Joseph Graves, Superintendent, Mitchell Schools
        Brad Meeks, Superintendent, Aberdeen Schools
        Dr. Jack Keegan, Superintendent, Sioux Falls Schools
        Todd Vik, Business Manager, Sioux Falls Schools (Documents #2, #3)
        Dianna Miller, ESD+5 School Districts
        Lona Lewis, South Dakota Education Association
Opponents:    Ray Christensen, Secretary, Department of Education and Cultural Affairs

MOTION:     DO PASS SB 149

Moved by:    Olson (Ed)
Second by:    McIntyre
Action:    Prevailed by roll call vote.(6-1-0-0)

Voting Yes:    Ham, Hutmacher, McIntyre, Munson, Olson (Ed), Brosz

Voting No:    Daugaard

         SB 165: require school systems to allow military recruiters access to students and school facilities.

Presented By:    Ray Christensen, Secretary, Department of Education and Cultural Affairs
Proponents:    Gene Enck, Associated School Boards of SD
        Andy Gerlach, Department of Military and Veterans Affairs
Opponents:    Representative Kooistra
        
 MOTION:     AMEND SB 165

165ca
     On page 1, line 11 of the printed bill, delete " shall " and insert "may".

Moved by:    Ham
Second by:    McIntyre
Action:    Failed by voice vote.

 MOTION:     DO PASS SB 165

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

Voting Yes:    Daugaard, Ham, Hutmacher, McIntyre, Munson, Olson (Ed), Brosz

 MOTION:     PLACE SB 165 ON CONSENT CALENDAR

Moved by:    Olson (Ed)
Second by:    Ham
Action:    Prevailed by voice vote.

          SB 166: make an appropriation to the Department of Education and Cultural Affairs to reimburse fees and provide a stipend for National Board for Professional Teaching Standards certified teachers.

Presented By:    Ray Christensen, Secretary, Department of Education and Cultural Affairs
Proponents:    Lona Lewis, South Dakota Education Association
        Gene Enck, Associated School Boards of South Dakota

MOTION:     DO PASS SB 166

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

Voting Yes:    Daugaard, Ham, Hutmacher, McIntyre, Munson, Olson (Ed), Brosz


MOTION:     ADJOURN

Moved by:    Daugaard
Second by:    Hutmacher
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary                                Don Brosz, Chair

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