Positions are updated as POSITIONS ON 2020 PENDING … · 2020. 3. 9. · POSITIONS ON 2020 PENDING...

POSITIONS ON 2020 PENDING LEGISLATION BY THE

SIOUX FALLS SCHOOL DISTRICT

Sioux Falls School District 49-5 Page 1

Printed 3.9.2020 12:29:21 PM

Positions are updated as bills are able to be reviewed by the District.

Sioux Falls Legislators

District 9 – Rhonda Milstead, Michael Saba, Wayne Steinhauer District 10 – Margaret Sutton, Doug Barthel, Steven Haugaard District 11 – Jim Stalzer, Chris Karr, Mark Willadsen District 12 – Blake Curd, Arch Beal, Manny Steele District 13 – Jack Kolbeck, Sue Peterson, Kelly Sullivan District 14 – Deb Soholt, Erin Healy, Larry Zikmund District 15 – Reynold Nesiba, Linda Duba, Jamie Smith

House Bill 1031 Introduced by: The Committee on Education at the request of the Department of Education Todd Vik 367-7909

An Act to revise certain provisions regarding school district fiduciary funds.

This bill cleans up outdated language regarding agency funds (now called custodial funds) of school districts.

Position: The District takes no position on this bill. House Bill 1032 Introduced by: The Committee on Education at the request of the Department of Education Becky Dorman 367-7944

An Act to revise the authority of the Board of Education Standards to promulgate rules regarding certification.

Impact: This bill outlines additional responsibilities of the South Dakota Board of Education relating to the certification of educational professionals, including establishment of definitions, procedures, and costs for the reinstatement of an invalid credential.

Position: The District takes no position on this bill. House Bill 1042 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management Todd Vik 367-7909

An Act to revise the special education property tax levy for school districts and to revise the state aid to special education formula.

Impact: This bill makes the three-year (becoming two-year) adjustment to the Special Education Formula allocations and adjusts the District special education levy up 6.8 cents ($0.068) per the Cutler-Gabriel amendment to maintain the state/local share of funding in the formula .

Position: The District supports this bill.

LEGEND Color Key

Updated

Positions not yet approved by School Board

Passed both houses

Dead

Key Bills




Printed 3.9.2020 12:29:21 PM


House Bill 1043 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management Todd Vik 367-7909

An Act to revise the property tax levies for the general fund of school districts and to revise the state aid to education formula.

Impact: This bill reduces the maximum general fund levy for home owners by 12.8 cents ($0.128) to $3.168 and commercial property by 26.5 cents ($0.265) to $6,556 per the Cutler-Gabriel amendment, freezes the General State Aid Target Teacher salary at the FY20 level, and adjusts the Overhead Rate up to 34.97 percent (34.97%), up from 33.6 percent (33.6%), as other funds that used to be outside the General State Aid Formula continue to be phased into the formula.

Position: The District takes no position on this bill. The District supports the procedural changes in the bill (i.e. the Cutler-Gabriel and Overhead Rate adjustments) but opposes freezing the Target Teacher Salary at the FY20 rate when inflation is two percent (2%). It is anticipated that other bills addressing the inflationary increase in the Target Teacher Salary will be introduced and this bill will simply handle the procedural changes. House Bill 1104 Introduced by: Representative Frye-Mueller, Beal, Goodwin, Greenfield (Lana), Gross, Howard, Livermont, Mills, Peterson (Sue), Pischke, Randolph, Rasmussen, and Weis and Senators Jensen (Phil) and Russell Molly Satter 367-7933

An Act to limit the scope of medical information that may be required as a condition of participation in sanctioned activities.

Impact: This bill restricts schools’ ability to require a medical release of information in order to participate in activities.

Position: The District opposes this bill. This bill would limit the ability of schools to obtain a medical release of information to share and discuss the health needs of students participating in school activities. This would limit the ability of school staff to speak with medical providers regarding a student’s medical needs during activities. This would be especially concerning in emergency situations, when parents are not available, and school staff need to discuss health conditions and assist students needing medical care.




Printed 3.9.2020 12:29:21 PM


House Bill 1115 Introduced by: Representatives Johns, Bartels, Bordeaux, Borglum, Chase, Duvall, Goodwin, Hammock, Johnson (David), Koth, Milstead, Otten (Herman), Peterson (Kent), Qualm, Rasmussen, Reimer, Rounds, Smith (Jamie), Steele, Willadsen, and Zikmund and Senators Rusch, Curd, Ewing, Kolbeck, Lake, Langer, Otten (Ernie), Partridge, Schoenfish, Soholt, Stalzer, and Steinhauer Casey Meile 367-7960

An Act to revise certain provisions related to athlete agent conduct.

Impact: This bill would revise certain provisions related to athlete agent conduct with student athletes.

Position: The District takes no position on this bill. House Bill 1122 Introduced by: Representatives Cwach and Hunhoff and Senator Kennedy Patti Lake-Torbert 367-4283

An Act to require child abuse or neglect investigations upon the filing of truancy complaints.

Impact: This bill requires the Department of Social Services to investigate potential abuse or neglect with every truancy complaint filed within 30 days of receiving the complaint from the clerk of the circuit court.

Position: The District supports this bill. House Bill 1134 Introduced by: Representative Bordeaux and Senator Kennedy Dr. James Nold 367-5384

An Act to permit certain acts at a school honoring or graduation ceremony.

Impact: This bill would require schools to allow the singing of requested honor songs at the graduation ceremony and to allow students to wear beaded graduation caps to represent cultural significance.

Position: The District opposes this bill. This legislation may cause graduation ceremonies to take multiple hours as honor songs can apply to numerous cultures we have represented in the Sioux Falls School District. The beaded cap is not known to be a cultural practice for high school graduation and could be considered to have cultural significance to every student. If this bill passes, it could significantly change graduation ceremonies in length and rental costs for the Sioux Falls School District.




Printed 3.9.2020 12:29:21 PM


House Bill 1143 Introduced by: Representative Bordeaux and Senator Nesiba Dr. James Nold 367-5384

An Act to permit prohibit school districts from using school or athletic team names, mascots, or nicknames that are determined to be racially derogatory or discriminatory.

Impact: This bill will prohibit school districts from using school or athletic team names, mascots, or nicknames that are determined to be racially derogatory or discriminatory.

Position: The District opposes this bill. The bill provides no guidelines to make the determination as to what constitutes derogatory or discriminatory. House Bill 1152 Introduced by: Representatives Hammock, Beal, Brunner, Chaffee, Dennert, Deutsch, Finck, Goodwin, Gosch, Hansen, Jensen (Kevin), Johnson (Chris), Johnson (David), Marty, Mills, Mulally, Otten (Herman), Perry, Peterson (Sue), Pischke, Qualm, Randolph, Rasmussen, Steele, Wangsness, and Weis and Senators Stalzer, Greenfield (Brock), and Monroe Dr. James Nold 367-5384

An Act to provide financial assistance for school sentinel training.

Impact: This bill would provide a state fund of $45,000 annually that can be accessed by schools to cover the costs of school district employees that complete the sentinel training program at a rate of $1,200 per employee.

Position: The District opposes this bill. The money should be allocated to the General Fund Formula and schools can determine how best to utilize those dollars for safety and security purposes.

House Bill 1156 Introduced by: Representative Frye-Mueller, Beal, Goodwin, Greenfield (Lana), Perry, Peterson (Sue), and Weis and Senators Jensen (Phil), Russell, and Stalzer Dr. James Nold 367-5384

An Act to prohibit the conduct of certain physical examinations or screenings on students in a school district without parental consent.

Impact: This bill would prohibit physical examinations or screenings on students in school districts without parental consent for each examination or screening conducted.

Position: The District opposes this bill. The Sioux Falls School District sees this bill as unnecessary and may have a significant negative impact on its schools. The Federal PPRA requires that local school districts create a policy on the administration of physical examinations or screenings that the school may administer to a student and provide notice and offer an opportunity to opt the student out of participation. This bill would go beyond the requirements of the federal law and seems to be unnecessary for the Sioux Falls School District. The Sioux Falls School District has a policy on physical examinations and screenings. We also have a process for parents or community members to address policy concerns if they feel changes are needed.




Printed 3.9.2020 12:29:21 PM


The proponents’ intent is not clear within the language of the bill, however, if applied as described by the proponent, this bill could have significant implications to the safety of individual students and the school population. For example: does the bill require parental consent each time there is an ear or throat examination, checking a temperature, or administration of medication through various orifices etc.? Does the bill prevent school administrators from conducting necessary searches of students? Due to the safety and security of schools and students, these are questions that should not be left to interpretation. Any laws intended to impact medical care of students in school, or searches of students in school, should be clearly written without a question of intent or application. House Bill 1157 Introduced by: Representative Randolph and Weis Dr. James Nold 367-5384

An Act to provide for kindergarten enrollment options.

Impact: This bill creates a provision to allow students that are not age eligible for kindergarten to still be enrolled early into kindergarten based on academic screenings and social and emotional readiness.

Position: The District opposes this bill. The exemption would require additional costs to school districts to prepare and use assessments to screen aptitude and readiness at a pre-kindergarten age for early school enrollment. House Bill 1159 Introduced by: Representative Mills and Pischke and Senator Wismer Todd Vik 367-7909

An Act to revise provisions regarding the referral of opt outs made by school districts.

Impact: This bill allows residents of school districts that passed opt outs before the law required opt outs to have sunset clauses to refer those opt outs to votes with five percent (5%) of the voters signing a petition prior to July 15 each year. The bill is silent on whether a vote to rescind the opt out would apply only to the next tax year or to all ensuing tax years.

Position: The District opposes this bill. Those opt outs were passed under the applicable rules at the time and the Legislature should not be moving the goal posts. NOTE: The bill as written has no effect on the Sioux Falls School District.




Printed 3.9.2020 12:29:21 PM


House Bill 1162 Introduced by: Representative Randolph Dr. Teresa Boysen 367-7816

An Act to provide certain provisions regarding sex education in public schools.

Impact: This bill requires a parent’s or guardian’s written permission for a student to opt-in sex education and define the contents of abstinence education.

Position: The District opposes this bill. The South Dakota Board of Education has established content standards and districts have the responsibility to involve parents in the selection of appropriate instructional materials to teach those standards. House Bill 1163 Introduced by: Representative Randolph Dr. James Nold 367-5384

An Act to require parental permission and website posting of student survey instruments.

Impact: This bill would require, in addition to needing parent signatures, schools to post publicly on their websites any student survey, questionnaire, or similar instrument that asks questions in nine specific areas and the survey would remain accessible for five years.

Position: The District opposes this bill. The current law already addresses the need for parental permission and the Sioux Falls School District allows parents to view the assessment tool. The added responsibility for districts to maintain the questionnaire or survey for five years would not be needed after the completion of the survey. The last section of the bill needs to clarify if this is intended for all surveys or just ones that ask questions specific to the nine identified areas. House Bill 1167 Introduced by: Representatives Johnson (Chris) and Peterson (Sue) Patti Lake-Torbert 367-4283

An Act to revise provisions regarding confidential communications between a student and certain school employees.

Impact: This bill revises provisions regarding confidential communications between a student and certain school employees. Employees meaning school counselors, social workers, and psychologists.

Position: The District opposes this bill. This bill is too constraining and has unintended consequences which could prevent school counselors, social workers, and psychologists from communicating with other school officials, post high institutions including admissions counselors and recruiters, and employers. The bill also prevents communication with a non-custodial parent if the custodial parent does not give permission.




Printed 3.9.2020 12:29:21 PM


House Bill 1173 Introduced by: Representative Hansen Dr. James Nold 367-5384

An Act to prohibit a school board from denying an application for open enrollment from certain students with autism.

Impact: This bill would prohibit a school board from denying an open enrollment application from certain students with autism if they moved outside of the school district the preceding year.

Position: The District opposes this bill. This bill would require school districts to approve open enrollments for specific students based on a determination of autism when, for example, all other students are being denied to schools that are at or exceed capacity. The most congested schools in the Sioux Falls School District have maintained a “closed to open enrollment” policy for all students that have moved. This law would require us to accept one specific group and not the others. This bill is not a fair and equitable law change for students and schools. House Bill 1174 Introduced by: Representative Chase Dr. James Nold 367-5384

An Act to establish the date of kindergarten enrollment eligibility.

Impact: This bill changes the enrollment eligibility date for kindergarten students by one month, from the first day of September to the first day of August.

Position: The District supports this bill. House Bill 1175 Introduced by: Representative Rasmussen and Peterson (Sue) Deb Muilenburg-Wilson 367-7956

An Act to define dyslexia for the purposes of special education and related services.

Impact: This bill defines dyslexia for the purposes of special education and related services.

Position: The District opposes this bill. The Individuals with Disabilities Education Act (IDEA) defines the disabilities and in the Administrative Rules of South Dakota (ARSD) the criteria for the disabilities are defined. Specific Learning Disabilities (which dyslexia may be a part of) is defined in the IDEA and criteria outlined in ARSD.




Printed 3.9.2020 12:29:21 PM


House Bill 1177 Introduced by: Representatives Post, Beal, Borglum, Chaffee, Dennert, Deutsch, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Gross, Hammock, Hansen, Johnson (Chris), Koth, Mills, Milstead, Miskimins, Perry, Peterson (Sue), Pischke, Qualm, Steele, Wangsness, Weis, Wiese, and Zikmund and Senators Bolin, Ewing, Kolbeck, Lake, Maher, Otten (Ernie), Stalzer, Steinhauer, Sutton, and Wiik Todd Vik 367-7909

An Act to require that school district elections occur in conjunction with the general election.

Impact: This bill creates four-year terms for school board members and requires school board elections and special elections that would otherwise be held within 120 days of the general election be held with the general election in November.

Position: The District opposes this bill. The bill would combine school elections with partisan elections, which would significantly change the timeline for school board elections due to federal election requirements for absentee ballots (46 days before the election -- the current school board requirement is 15 days.) School Board petitions would necessarily change from being due about seven weeks before the absentee balloting begins to over eleven weeks significantly increasing the length of the campaign. School board candidates would, almost assuredly, be buried in election advertising in an election with a 70+% turnout. School Board races will have many people voting who do not know much, if anything, about the school board candidates. If this bill becomes law, the school board would change in the middle of the school or fiscal year as the terms would begin the second Monday in December instead of early July. If the goal is efficiency, the Legislature could pass four-year terms and leave school board elections in the spring. Districts could then, at their discretion, combine with city or county elections for every election rather than only those in even-numbered years. This begs another question, why not propose this for all local elections as opposed to just school districts? House Bill 1186 Introduced by: Representative Karr Todd Vik 367-7909

An Act to revise certain education programs and promote efficiency in state government and to make an appropriation therefor.

Impact: This bill is a placeholder to appropriate money to education and find efficiency in state government.

Position: The District takes no position on this bill at this time.




Printed 3.9.2020 12:29:21 PM


House Bill 1198 Introduced by: Representatives Gosch and Deutsch Todd Vik 367-7909

An Act to repeal provisions regarding maximum taxes levied by the board of a school district for the capital outlay fund.

Impact: This bill repeals the 2016 limitation placed on school districts’ capital outlay funds and restores the maximum levy for all schools of $3.00. As amended, this bill would allow for an opt out of the capital outlay limitations.

Position: The District supports this bill. The District takes no position on this bill. Since 2016 the new limits on capital outlay have reduced schools’ taxing authority by $26.2 million and actual taxes collected (compared to the 2016 mill levies for each school) by $14.7 million. With the additional cap of $2,800 per student on small rural districts becoming effective in 2021, the taxing authority will drop by $67 million while the actual decrease will be $33 million. For comparison, the increase in General Fund Formula dollars provided to schools as part of the $0.005 (½ cent) sales tax increase as part of the 2016 legislative package is $64.4 million in 2020 dollars. With no change to the existing capital outlay statutes, the decrease in capital outlay taxing authority in 2021 will exceed the increase in State Aid funding due to the $0.005 (½ cent) sales tax (the actual tax decrease compared to 2016 levies will be over half the State Aid increase.) NOTE: The District also supports SB94 which would not completely repeal but instead relax some of the 2016 capital outlay imitations. House Bill 1201 Introduced by: Representative Rasmussen Deb Muilenburg-Wilson 367-7956

An Act to provide for the distribution of a list of possible reasonable accommodations to students with disabilities.

Impact: This bill provides for the distribution of a list of possible reasonable accommodations to students with disabilities.

Position: The District opposes this bill. Accommodations are not a menu of standard items that apply to everyone with a disability. The selection of accommodations should be based on the strengths and needs of the individualized student as documented and discussed in the Individualized Education Program (IEP)/Section 504 process specific to addressing the individuals impact of their disabling condition.




Printed 3.9.2020 12:29:21 PM


House Bill 1210 Introduced by: Representative Randolph Patti Lake-Torbert 367-4283

An Act to require parental notice of a social and emotional learning questionnaire regarding a student.

Impact: This bill requires that before a questionnaire is given and completed by a school employee, in whole or part, addressing social and emotional functioning, learning, or behaviors of a student, or which pertains to a student’s mental health, the custodial parent must be provided a blank copy of the questionnaire.

Position: The District opposes this bill. As the bill is written it would hinder the Special Education and 504 process when evaluating a student qualifying for services. The bill should be amended to state it does not apply to a questionnaire, normed assessment/rating scale, or similar document applicable to a student who is involved in an evaluation as a result of suspected disability, or who is receiving special education related services or services under Section 504 of the Rehabilitation Act of 1973. House Bill 1213 Introduced by: Representative Gosch Todd Vik 367-7909

An Act to preclude the assignment of exclusive broadcast rights for certain high school interscholastic activities.

Impact: This bill would prohibit the high school activities association from restricting or prohibiting the video recording or live broadcast of any high school interscholastic activity or event by any television, radio, internet, or other broadcasting organization. Position: The District opposes this bill. Not allowing the South Dakota High School Activities Association to restrict (i.e. charge for the rights to cover) state tournaments will lead to membership increases to cover the costs of conducting the events. As an aside, if this bill is going to pass the Legislature should place a similar restriction on state universities. House Bill 1218 Introduced by: Representatives Wiese, Deutsch, Greenfield (Lana), Gross, Perry, Peterson (Sue), Rasmussen, and Steele Deb Muilenburg-Wilson 367-7956

An Act to establish certain requirements for schools regarding parental notice of and access to certain tests, assessments, evaluations, and observations.

Impact: This bill would establish certain requirements for schools regarding parental notice of and access to certain tests, assessments, evaluations, and observations. Position: The District opposes this bill. The proposed Act exceeds the Federal requirements in the Individuals with Disabilities Education Act (IDEA and Americans with Disabilities Act (ADA) Section 504 which already has parental notice and consent requirements.




Printed 3.9.2020 12:29:21 PM


House Bill 1220 Introduced by: Representatives Beal and Bolin Todd Vik 367-7909

An Act to accommodate legislation enhancing education.

Impact: This bill is a placeholder to enhance education. Position: The District takes no position on this bill at this time. House Bill 1228 Introduced by: Representatives Healy and Smith (Jamie) and Senator Nesiba Deb Muilenburg-Wilson 367-7956

An Act to include children with a hearing loss in the reporting criteria required for deaf and hard-of-hearing children.

Impact: This bill would include students with hearing loss in the reporting criteria required for deaf and hard-of-hearing children. Position: The District opposes this bill. The bill requires data collection and reporting that does not currently exist and exceeds federal requirements. House Bill 1235 Introduced by: Representative Qualm Molly Satter 367-7933

An Act to revise provisions regarding immunizations.

Impact: This bill prohibits immunization requirements in schools. Position: The District opposes this bill. Schools look to trusted health care agencies such as the Centers for Disease Control, American Academy of Pediatrics, and State and Local Health Departments, for guidance on health-related matters. The research and guidance put forth by these agencies supports and encourages students to be vaccinated in an effort to prevent spreading communicable diseases and keep students healthy.




Printed 3.9.2020 12:29:21 PM


House Bill 1237 Introduced by: Representative Healy, Cwach, Duba, Olson, Peterson (Kent), Reed, Ring, and Smith (Jamie) and Senators Partridge, Castleberry, Kennedy, Nesiba, Schoenfish, and Wismer Deb Muilenburg-Wilson 367-7956

An Act to establish the Early Learning Advisory Council.

Impact: This bill establishes a statewide Early Learning Advisory Council, defines its required membership, and outlines duties. Position: The District supports this bill. Similar bills to establish an Early Learning Council have been proposed in 2010, 2012, 2017, 2018, and 2019. House Bill 1241 Introduced by: Representatives Bruner and Gross Todd Vik 367-7909

An Act to revise requirements for legal newspapers.

Impact: This bill removes most of the paid requirements for newspapers to qualify to print legal and official notices. The minimum requirement of at least 200 paid circulation remains. Position: The District takes no position on this bill. House Bill 1243 Introduced by: Representatives Bordeaux, Post, and Wangsness Dr. Teresa Boysen 367-7816

An Act to require schools to provide instruction on South Dakota’s tribal history, culture, and government.

Impact: This bill requires schools to provide instruction on South Dakota’s tribal history, culture, and government. Position: The District takes no position on this bill. The South Dakota Department of Education approved the Oceti Sakowin Essential Understandings and Standards in 2012 with development committees from across the state meeting through 2016 to review, revise, and create lessons for all levels K-12. South Dakota Codified Law 13-1-43 establishes that the purpose of the Board of Education Standards is to develop standards and practices to ensure that by the end of the 12th grade all students have the education and skills to enter adulthood as responsible members of society.




Printed 3.9.2020 12:29:21 PM


House Bill 1255 Introduced by: Representative Otten (Herman) and Senator Otten (Ernie) Todd Vik 367-7909

An Act to remove the requirement for a mandatory appraisal in exchanges of land between school districts.

Impact: This bill allows two school boards involved in a land exchange to waive the requirement for an appraisal. Position: The District supports this bill. Since boards cannot be compelled to approve any type of a minor boundary change to which they do not agree, in many cases there is no need for an appraisal. This bill will allow the boards to save their districts’ funds by waiving the requirements. House Bill 1256 Introduced by: Representative Otten (Herman) and Senator White Dr. James Nold 367-5384

An Act to fund shooting sports programs in public schools and to enhance outdoor recreational activities in the state.

Impact: This bill would fund shooting sports programs in public schools and enhances outdoor recreational activities in the state by creating a new tax that would be deposited in a Rod and Gun Fund. Position: The District takes no position on this bill. House Bill 1258 Introduced by: Representative Weis and Senator Jensen (Phil) Todd Vik 367-7909

An Act to provide for child safety accounts for students subject to certain safety incidents.

Impact: This bill creates a home school voucher program (and presumably private schools also) under the guise of a “safety account” for students who experienced an undefined “reported safety issue” and the school is unable to resolve it to the “satisfaction of the parent and student.” The amount of the voucher is the general fund allocation for that student (pro-rated in the first year) plus any Special Education allocation that is associated with the student. If all the funds are not exhausted upon graduation from a secondary school they can be rolled over and used for post-secondary school. Position: The District opposes this bill. This bill is deeply flawed in concept and execution. There are very few specifics including, but not limited to, the lack of definition of a reported safety issue, the lack of definition of allowable expenditures from the safety account including whether it can be spent on tuition for private schools (the bill refers to a “qualified school” but does not define it), and the lack of clarification of whether a fraudulent expenditure from the safety account is a misdemeanor or felony. There are numerous other ambiguous issues in the bill that would take pages of amendments to be clarified if this bill were to have a chance to become law, but the concept is so bad (a parent declares a nebulous safety issue and then gets access to the state aid allocation




Printed 3.9.2020 12:29:21 PM


associated with their child and a debit card to spend that money with little to no accountability) that amending the bill to “get it right” would be a colossal waste of time. House Bill 1263 Introduced by: Representatives Goodwin and Deutsch Todd Vik 367-7909

An Act to require that certain school district elections occur in conjunction with the general election.

Impact: This bill requires school district referendum elections on issuing capital outlay certificates to be held in conjunction with the general election. Position: The District opposes this bill. This bill seems specific and appears to be in response to some election results that the sponsors did not like. If not, why require this only of school district capital outlay certificate elections? Why not all local elections, or at least all local special elections? The State has held special elections in the past. Why not prohibit State special elections and make the State wait until the general election? Because general elections happen only every two years and often those timelines do not coincide with the timeline that causes the special election, especially those that involve property taxes (like capital outlay referenda) because the tax request must be made by October 1. House Bill 1272 Introduced by: Representative Frye-Mueller Dr. Teresa Boysen 367-7816

An Act to revise the conditions for dual credit and to provide an appropriation.

Impact: This bill is a placeholder that revises conditions for dual credit and provides an appropriation. Position: The District opposes additional dual credit requirements and/or restrictions that would limit student choice in course selection. SDCL §13-28-37.1 outlines the State subsidized high school dual credit program. House Bill 1285 Introduced by: Representative Randolph Dr. James Nold 367-5384

An Act to require parental permission and website posting of student survey instruments.

Impact: This bill is an amended version of HB1163 and would, in addition to needing parent signatures, require schools to post publicly on their websites any student survey, questionnaire, or similar instrument that asks questions in nine specific areas and requires it to remain accessible for five years. Position: The District opposes this bill. The current law already addresses needing parental permission and the Sioux Falls School District allows the parents to view the assessment tool. The added responsibility for districts of maintaining the questionnaire or survey for five years would not be needed after the completion of the survey.




Printed 3.9.2020 12:29:21 PM


House Bill 1290 Introduced by: Representative Olson Todd Vik 367-7909

An Act to make an appropriation for rapid enrollment increases.

Impact: This bill is a placeholder to assist schools with rapid enrollment increases. Position: The District opposes this bill. Schools used to be funded based on the prior year’s ADM, now growing schools are funded on the current year’s fall enrollment. The issue has been solved. The Legislature should concentrate its time and dollars on adequately funding the formula.




Printed 3.9.2020 12:29:21 PM


Senate Bill 39 Introduced by: The Committee on State Affairs at the request of the Department of Education. Dr. Teresa Boysen 367-7816

An Act to establish the Jobs for South Dakota’s Graduates program and the special donation fund.

Impact: This bill establishes Jobs for South Dakota’s Graduates donation fund to support a program to be developed by the Department of Education to prevent students from dropping out of high school.

Position: The District takes no position on this bill until more information is added. Senate Bill 59 Introduced by: Senator Monroe Dr. Teresa Boysen 367-7816

An Act to protect the teaching of certain scientific information.

Impact: This bill protects teaching of certain scientific information.

Position: The District takes no position on this bill as it is a placeholder. Senate Bill 66 Introduced by: Senators Heinert, Foster, Phil Jensen, and Youngberg and Representatives Pourier, Bordeaux, Haugaard, and St. John at the request of the State-Tribal Relations Brett Arenz 367-4670

An Act to provide for the creation and funding of Oceti Sakowin charter schools.

Impact: This bill would allow an Oceti Sakowin charter school to apply for sponsorship from any school district or the state Department of Education. If approved, the charter school would receive a pro rata share of all funding received by the district in which it resides. The bill requires all teachers at the school to be fluent in Lakota, Dakota, or Nakota, as acknowledged by the Department of Tribal Relations.

Position: The District opposes this bill. A school district already has the ability to operate a school in accordance with Oceti Sakowin Essential Understandings and Standards if they wish. The bill would allow the Department of Education to sponsor a charter school within a school district without action of the local school board. The bill is not ready for prime time. It requires a contractual agreement between sponsor and charter school exempting the charter school from all laws governing the administration and delivery of public or nonpublic education in the state (except those governing the provision of education to children with disabilities); however, neither the sponsor nor the charter school has the legal authority to make this exemption. The bill itself does not exempt the charter school from any state laws, which brings into question the purpose of the bill.




Printed 3.9.2020 12:29:21 PM


Senate Bill 67 Introduced by: Senator Maher Todd Vik 367-7909

An Act provide an option to sparse school districts regarding the amount of taxes collected in the capital outlay fund.

Impact: This bill will allow sparse school districts to collect capital outlay taxes of $2,800 per student or follow the normal capital outlay tax increase statute (previous year’s maximum plus the lesser of three percent (3%) or inflation, plus new construction), whichever is more.

Position: The District opposes this bill. The Sioux Falls School District supports the comprehensive solution to Capital Outlay reform being proposed by all the school groups. Senate Bill 88 Introduced by: Senators Phil Jensen and Stalzer and Representatives Weis, Beal, Frye-Mueller, Goodwin, Hammock, Mulally, Perry, Pischke, Qualm and Randolph Patti Lake-Torbert 367-4283

An Act to require parental notification of self-injurious behavior expressed during counseling sessions.

Impact: This bill requires parental notification of self-injurious behavior expressed during counseling sessions.

Position: The District opposes this bill. This bill is not needed since school staff are required as stated in SDCL §19-19-508.1 to report when a student’s physical or mental health or the physical or mental health of other persons may be in jeopardy. Senate Bill 94 Introduced by: Senator Greenfield (Brock) and Representatives Gosch and Qualm Todd Vik 367-7909

An Act to revise provisions for taxes levied by the board of a school district for the capital outlay fund.

Impact: This bill is the education K-12 education consortiums comprehensive fix of the Capital Outlay Levy limitations that were put in place in 2016. The bill:

1. Sets a floor to the maximum capital outlay mill levy of $2.75 (Sioux Falls’ maximum is now $2.70, down from $3.00 in 2016);

2. Increases the per student maximum levy from $2,800 to $3,800 for low-enrollment rural districts;

3. Allows the districts with a large number of students compared to a low amount of property valuation to levy up to $1,406 per student, but not more than $3.00 per thousand valuation.

Position: The District supports this bill. Since 2016 the new limits on capital outlay have reduced schools’ taxing authority by $26.2 million and actual taxes collected (compared to the 2016 mill levies for each school) by $14.7 million. With the additional cap of $2,800 per student on small rural districts becoming effective in 2021 the taxing authority will drop by $67 million while the actual decrease will be $33 million. For comparison, the increase in General Fund formula dollars provided to




Printed 3.9.2020 12:29:21 PM


schools as part of the $0.005 (1/2 cent) sales tax increase as part of the 2016 legislative package is $64.4 million in 2020 dollars. With no change to the existing capital outlay statutes, the decrease in Capital Outlay taxing authority in 2021 will exceed the increase in State Aid funding due to the $0.005 (1/2 cent) sales tax (the actual tax decrease compared to 2016 levies will be over half the State Aid increase.) By eventually setting a new effective maximum capital outlay levy of $2.75 for most school districts the state will essentially reduce capital outlay levying authority by $25 million in today’s dollars. NOTE: The last sentence of Section 1 may need to be amended to not inadvertently require a district to levy at least $2.75 per thousand. Senate Bill 105 Introduced by: Senator Bolin and Representatives Chase, Goodwin, and Greenfield (Lana) Todd Vik 367-7909


Impact: This bill is a placeholder for a future bill affecting legislation.

Position: The District takes no position on this bill at this time. Senate Bill 111 Introduced by: Senator Wiik and Schoenfish and Representatives Finck, Deutsch, and Mills Todd Vik 367-7909

An Act to exclude certain wind energy tax revenue from the state aid to education formula.

Impact: This bill creates an ongoing phase-in of new wind energy farm taxes for the purposes of local effort in the General State Aid Formula. The bill also limits the amount of wind energy taxes that eventually is phased in to 60 percent (60%) instead of 100 percent (100%) under current law.

Position: The District opposes this bill. A key to 2016 formula reform was the equalization of major other funds that had been outside of the formula. These other funds tended to favor a few districts to the detriment of most others. Since the 2016 Legislature did the hard work of putting in place the process to equalize these revenues over a five-year period, the State should not go backwards to slow down and limit the equalization of certain taxes (wind energy) in future years. Senate Bill 117 Introduced by: Senator Nesiba Deb Muilenburg-Wilson 367-7956

An Act to require the Department of Education to establish certain programs for children who are deaf and hard-of-hearing.

Impact: This bill requires the Department of Education to establish certain programs for children who are deaf and hard-of-hearing.

Position: The District takes no position on this bill at this time.




Printed 3.9.2020 12:29:21 PM


Senate Bill 118 Introduced by: Senator Wiik Todd Vik 367-7909

An Act to revise certain educational programs and promote efficiency in state government and to make an appropriation therefor.

Impact: This bill is a placeholder for enhancing education and promoting efficiency in State Government.

Position: The District takes no position on this bill at this time. Senate Bill 123 Introduced by: Senator Greenfield (Brock) Dr. Teresa Boysen 367-7816

An Act to make an appropriation for the Literacy Intervention Program.

Impact: This bill would create a fund of $750,000 for Literacy Intervention Program.

Position: The District supports this bill. The development of Literacy Intervention Program is key to closing the achievement gap. However, prior to funding discretionary program the first priority is to fund the State Formula. Senate Bill 134 Introduced by: Senators Maher and Wiik Todd Vik 367-7909


Impact: This bill is a placeholder for a bill to affect education.

Position: The District takes no position on this bill at this time. Senate Bill 135 Introduced by: Senators Soholt, Duhamel, and Ewing and Representatives Chaffee, Mills, and Zikmund Melissa Braak 367-7901

An Act to increase the bid limit for certain public improvements.

Impact: This bill increases the bid limit from fifty thousand dollars ($50,000.00) to one hundred thousand dollars ($100,000.00) on public improvement contracts.

Position: The District supports this bill.




Printed 3.9.2020 12:29:21 PM


Senate Bill 143 Introduced by: Senator Greenfield (Brock) Dr. Teresa Boysen 367-7816

An Act to establish certain restrictions regarding funds from the state subsidized dual credit program for certain students.

Impact: This bill would create a provision requiring students who receive a failing grade or withdraws from a dual credit course after the deadline to pay the full dual credit rate of tuition for the course.

Position: The District supports this bill. Students who register for a dual credit course should be responsible to follow the University guidelines. Senate Bill 144 Introduced by: Senator Greenfield (Brock) Dr. Teresa Boysen 367-7816

An Act to establish certain restrictions regarding participation in the state subsidized dual credit program for certain students.

Impact: This bill creates a provision in the State subsidized high school dual credit program. A student who receives a failing grade or withdraws from a course after the deadline would not be allowed to take another dual credit course.

Position: The District opposes this bill. The dual credit program is limited to juniors and seniors who meet the eligibility requirements as outlined by the Board of Regents. By not allowing a student to take dual credit course because of a failing grade limits their growth and learning opportunities. Students at high school and the university level have the opportunity to take additional courses if they fail a course. Students in the dual credit program should have the same opportunity to take another course through dual credit program if they are not successful. Senate Bill 167 Introduced by: Senator Bolin, Nesiba, Novstrup, Smith (VJ), and White and Representatives Greenfield (Lana), Bartels, Bordeaux, Koth, and Smith (Jamie) Dr. James Nold 367-5384

An Act to revise a provision regarding eligibility for the South Dakota opportunity scholarship.

Impact: This bill revises a provision regarding eligibility for the South Dakota opportunity scholarship to include the use of either the Composite Score or the Super Score.

Position: The District supports this bill. The bill will allow students to use the composite or the Superscore from the ACT. An ACT Superscore is the average of the highest individual ACT section scores across different test dates. This average creates a new SUPER composite score (or Superscore) that will, in most cases, be higher than the composite score of any individual test the student took.




Printed 3.9.2020 12:29:21 PM


Senate Bill 168 Introduced by: Senator Schoenfish and Representatives Gosch and Qualm Todd Vik 367-7909

An Act to limit the amount of other revenue that is counted as local effort in the state aid to education formula.

Impact: This bill locks in the equalizing of other revenue that used to be outside the formula to only equalizing 60 percent (60%) of it (the current amount as it is being phased-in.) Position: The District opposes this bill. A key to 2016 formula reform was the equalization of major other funds that had been outside of the formula. These other funds tended to favor a few districts to the detriment of most others. Since the 2016 Legislature did the hard work of putting place the process to equalize these revenues over a five-year period, the State should not go backwards to freeze that process at the current rate (60%.) Senate Bill 170 Introduced by: The Committee on Education at the request of the Office of the Governor Todd Vik 367-7909

An Act to revise certain provisions regarding school district capital outlay funds.

Impact: This is the Governor’s bill to scale back a little bit of the current and impending Capital Outlay fund taxing restrictions. Following is a section by section analysis: Section 1: Increases the 2021 maximum per student capital outlay levy from $2,800 to $3,000. This provides an additional $4.3 million in taxing authority to 76 rural school districts or $2.8 million in actual taxes if those districts seek to tax at the same mill rate as they taxed at (but not more) in 2016. Section 2: Allows school districts affected by the $3,000 per student limit to opt out of the per student maximum limit (but not the other CO limits). The opt out amount cannot be considered in the equation for transferring CO funds to the General fund. Section 3: Allows schools that 1) were limited to a CO levy of $1,000 or less per student, and 2) had a CO fund balance of $400,000 or less as of June 30, 2019 to levy up to $3.50 per thousand dollars of valuation. However, those schools cannot exceed a per student levy of $1,200 per student. This figure inflates each year by the lesser of index factor or 3%. There are six school districts that would qualify under item (1) but only 2 of those that qualify under item (2). They are Tea (estimated additional income of $589K or 36.6%) and Smee ($23,000 or 86.1%). General Comment: The bill does nothing for the other 73 school districts whose maximum taxing authority has dropped by $14.4 million since 2016.




Printed 3.9.2020 12:29:21 PM


Position: The District would amend to look more like the School Coalition bill (SB94) to provide some relief to all school districts. Since 2016 the new limits on capital outlay have reduced schools’ taxing authority by $26.2 million and actual taxes collected (compared to the 2016 mill levies for each school) by $14.7 million. With the additional cap of $2,800 per student on small rural districts becoming effective in 2021 the taxing authority will drop by $67 million while the actual decrease will be $33 million. For comparison, the increase in General Fund formula dollars provided to schools as part of the $0.005 (1/2 cent) sales tax increase as part of the 2016 legislative package is $64.4 million in 2020 dollars. With no change to the existing capital outlay statutes, the decrease in Capital Outlay taxing authority in 2021 will exceed the increase in State Aid funding due to the $0.005 (1/2 cent) sales tax (the actual tax decrease compared to 2016 levies will be over half the State Aid increase.) By eventually setting a new effective maximum capital outlay levy of $2.75 for most school districts the state will essentially reduce capital outlay levying authority by $25 million in today’s dollars. As amended this bill will change the index factor for capital outlay from three percent (3%) or inflation, whichever is less to three percent . It also provides relief for schools who raise under $1400 per student in their capital outlay fund and changes the per student cap for small districts with high property valuation from $2800 to $3400. The School District supports the amended bill which is a compromise between the Governor’s Office and the education community. Senate Bill 174 Introduced by: Senator Steinhauer and Representative Duba Todd Vik 367-7909

An Act to revise the purposes for which a school district’s capital outlay fund may be used.

Impact: This bill allows the Capital Outlay fund to be used to purchase instructional software in addition to textbooks, which currently can be purchased with Capital Outlay funds . Position: The District takes no position on this bill.




Printed 3.9.2020 12:29:21 PM


Senate Bill 179 Introduced by: Senator Youngberg Todd Vik 367-7909

An Act to revise the legal notice process.

Impact: This bill would allow public entities to post their legal notices on a website maintained by the secretary of state for a $10 fee per notice. Position: The District supports this bill. This bill would save the Sioux Falls School District approximately $49,000 per year. In the electronic age, the concept of printing minutes in the newspaper is as antiquated as printing thousands of copies of legislative bills for people to pick up in the basement of the Capitol building and read. The legislature stopped printing all copies of all bills on yellow and blue paper in the late 1990’s; passing this bill will finally modernize the posting of and accessing local government legal notices.

Date post:	31-Jan-2021
Category:	Documents
Upload:	others
View:	5 times
Download:	0 times

Positions are updated as POSITIONS ON 2020 PENDING … · 2020. 3. 9. · POSITIONS ON 2020 PENDING...

Documents