State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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983T0323
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SENATE APPROPRIATIONS
ENGROSSED NO. SB 25 - 2/2/2012
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Introduced by: The Committee on Education at the request of the Department of Education
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FOR AN ACT ENTITLED, An Act to provide for the creation of a new state accountability
system and a new financial accountability rating system for public elementary and secondary
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-3-62 be amended to read as follows:
13-3-62. A single, statewide state accountability system is established. The system shall hold
public schools
and public school districts accountable for the academic achievement of their
students and shall ensure that all public schools
and all public school districts make
adequate
yearly progress in continuously and substantially improving the academic achievement of their
students.
Section 2. That § 13-3-63 be amended to read as follows:
13-3-63. The state accountability system shall be based on the South Dakota Content
Standards in reading and mathematics approved by the South Dakota Board of Education. The
yearly progress of students shall be measured by the state academic assessments as may be
prescribed by the Legislature, and shall take into account the achievement of all public
elementary school and secondary school students in reading and mathematics annually. An
additional academic indicator Additional indicators established pursuant to § 13-3-69 shall be
used in the measurement of yearly progress: the additional academic indicator for the public K-8
elementary schools shall be the annual rate of student attendance; the additional academic
indicator for public 9-12 high schools shall be the annual rate of graduation.
Section 3. That § 13-3-64 be amended to read as follows:
13-3-64. The state accountability system shall establish a timeline for adequate yearly
progress that ensures that no later than the 2013-2014 school year, measure whether all students
meet or exceed the state's proficient level of academic achievement as measured by the state's
assessments. Annual measurable objectives in both reading and mathematics. Multiple
indicators shall be established to ensure indicate continuous and substantial academic
improvement of the achievement of all public school students as well as sub-groups of public
school students, including economically disadvantaged students, students from major racial and
ethnic groups, students with disabilities, and students with limited English proficiency. The
annual measurable objectives shall identify a single minimum percentage of students who are
required to meet or exceed the proficient level on the academic assessments. The objectives
shall be applied separately in reading and mathematics and shall be applied to all students and
to each sub-group of students described in this section. The annual measurable objectives shall
be used for determining adequate yearly progress.
Section 4. That § 13-3-65 be amended to read as follows:
13-3-65. The state accountability system shall determine annually the progress of each
public school and public school district, including the annual progress of sub-groups of students,
using annual assessment data and data from one additional academic indicator. The school's
progress in mathematics and reading shall be compared separately to the state's annual
objectives for adequate yearly progress in mathematics and reading. The results of the
comparisons shall be used to determine the school's achievement level based on the state's
achievement standards. The district's progress in mathematics and reading shall be compared
separately to the state's annual objectives in mathematics and reading. The results of the
comparisons shall be used to determine the district's achievement levels based on the state's
achievement standards indicators.
Section 5. That § 13-3-67 be amended to read as follows:
13-3-67. The state accountability system shall include consequences interventions for
schools and districts in the form of sanctions, rewards, and recognition. The consequences
interventions shall be based on the school's or district's ranking on the state's achievement
standards and additional indicators.
Section 6. That § 13-3-69 be amended to read as follows:
13-3-69. The South Dakota Board of Education may promulgate administrative rules
pursuant to chapter 1-26 to establish the state accountability system, based on achievement and
other indicators including:
(1) A definition of adequate yearly academic progress;
(2) A valid and reliable The method of calculating adequate yearly progress in
mathematics and reading for all public schools and public school districts, including
methods for determining both the status and improvement growth;
(3) A definition of four levels of student achievement, including a proficient level;
(4) Establishment of names and descriptors for the four levels of student achievement;
(5) Determination of cut scores within the scoring data from the state assessments in
mathematics and reading for each of the four levels level of student achievement;
(6)(5) Establishment of the
state's annual measurable objectives for academic progress
through 2013-2014 in both reading and mathematics;
(7)(6) Establishment of a system of consequences for public schools, including sanctions,
rewards, and recognition;
(8)(7) Establishment of a system of consequences for public school districts, including
sanctions, rewards, and recognition the process for teacher and principal evaluation;
(9)(8) Determination of a valid and reliable method for calculating a graduation rate the
criteria to demonstrate student preparedness for college and career for each public
high school;
(10)(9) Determination of a valid and reliable the method for calculating the attendance
rate for each public elementary and middle school;
(11)(10) Establishment of an appeal process for public schools and public school
districts; and
(12)(11) Establishment of a process whereby the state accountability system will be
periodically reviewed to assure that it is fair and appropriate for the public
schools of South Dakota, and is in compliance with federal law; and
(13) Any other administrative rule that is deemed necessary to fulfill the requirements of
the federal education act, Public Law No. 107-110, § 1111(b)(2)(A), 115 Stat. 1425,
as in effect on January 1, 2003.
Section 7. Beginning in the 2014-2015 school year, the Department of Education shall
develop and implement a financial accountability rating system for public school districts that
distinguishes among school districts based on levels of financial performance and includes
procedures to provide additional transparency to public education finance to enable the
Department of Education and school administrators to provide meaningful financial oversight
and improvement. The system shall include uniform indicators that measure school districts'
financial management performance.
Section 8. Beginning in the 2014-2015 school year, the Department of Education shall
identify school districts that demonstrate high academic achievement and cost-effective
operations. In identifying school districts, the department shall:
(1) Integrate existing academic accountability and financial data; and
(2) Rank the results of the calculation in subdivision (1) to identify the relative
performance of school districts.
Section 9. Beginning on July 1, 2012, a work group shall provide input in developing the
financial accountability rating system described in sections 8 and 9 of this Act. The work group
shall consist of the following members:
(1) Five school district business managers appointed by the secretary of education;
(2) Three school superintendents appointed by the secretary of education;
(3) Three representatives of the business community with a knowledge of school finance
appointed by the secretary of education;
(4) One representative of the School Administrators of South Dakota appointed by the
secretary of education;
(5) One representative of the Associated School Boards of South Dakota appointed by
the secretary of education;
(6) One member of the Senate appointed by the president pro tempore of the Senate; and
(7) One member of the House of Representatives appointed by the speaker of the House
of Representatives.
Section 10. The Board of Education shall promulgate rules pursuant to chapter 1-26 to
provide for the implementation and administration of the financial accountability rating system
established pursuant to section 7 of this Act.