Positions are updated as POSITIONS ON 2015 PENDING LEGISLATION bills are able to be BY THE reviewed by the District. LEGEND SIOUX FALLS SCHOOL DISTRICT Color Key Updated Sioux Falls Legislators Positions not yet approved by District 9 – Deb Peters, Paula Hawks, Steve Hickey School Board District 10 – Jenna Haggar, Don Haggar, Steven Haugaard Passed both District 11 –David M Omdahl, Jim Stalzer, Mark Willadsen houses District 12 – Blake Curd, Arch Beal, Alex Jensen District 13 – Phyllis Heineman, Steve Westra, G. Mark Mickelson Dead District 14 – Deb Soholt, Tom Holmes, Larry Zikmund Key Bills District 15 – Angie Buhl O’Donnell, Karen L. Soli, Patrick Kirschman House Bill 1013 Introduced by: The Committee on Health and Human Services at the request of the Department of Social Services Dr. Celeste Uthe-Burow 367-4283 An Act to certain provisions related to social work licensure. Impact: This bill is seeking to clarify and clean up language related to the licensing of bachelor level social workers. Position: The District takes no position on this bill. The Sioux Falls School District employees Master’s Level Social Workers and do not employee bachelor level social work practitioners. House Bill 1044 Introduced by: The Committee on Education at the request of the Department of Education Sue Simons 367-5384 An Act to revise certain provisions regarding educational personnel certification and discipline. Impact: This bill is attempting to streamline and organize into one section the criteria and procedure for issuing, suspension, and non-renewal teacher and administrator certificates and for those administrators who are employed without a certificate and to outline the procedure of for discipline of teachers and administrators by their respective professional commissions. Position: The District supports this bill with suggested amendment to Section 10 (pg 5. Line 21). As written the bill allows “any person” to initiate proceedings for revocation of teacher/administrator certificates. This provision creates an avenue for complaints to be filed by those unfamiliar with the law, ethical requirements and regulations causing undue hardship for teachers and administrators and unduly burdens the professional practice commissions. Suggest leaving the list of who can initiate proceedings to school boards, professional commissions, and the Department. Sioux Falls School District 49-5 Page 1 Printed 03/09/15 4:04:30 PM Positions are updated as POSITIONS ON 2015 PENDING LEGISLATION bills are able to be BY THE reviewed by the District. SIOUX FALLS SCHOOL DISTRICT House Bill 1059 Introduced by: The Committee on Health and Human Services at the request of the Department of Health Sue Simons 367-5384 An Act to allow authorized entities to access immunization information in certain circumstances. Impact: This bill amends SDCL 34-22-12.5 to change the word “may” to “shall” to allow schools to access the state computerized immunization system in order to check immunization status of students in a timely and efficient manner to ensure the student meets the school entry requirements outlined in SDCL 13-28-7.1. Position: The District supports this bill. SDCL 13-28-7.1 requires that parents present certification from a licensed physician that a student has the required immunizations or is in the process of receiving those immunizations prior to admission into school. SDCL 34-22-12.5 currently states that a patient’s immunization record “may” be shared among health care providers and schools. Schools were previously accessing this required information through the South Dakota Immunization Information System (SDIIS). However, the U.S. Department of Health and Human Services recently clarified recent HIPAA privacy rules such that schools can no longer directly access SDIIS to assure the children in their schools and daycare settings are appropriately immunized thereby placing the burden back on the parent to provide this information. The new HIPPA rules, however, will permit access to this information through SDDIS if state law requires them to do so. HB 1059 therefore amends SDCL 34-22-12.5 to change the word “may” to “shall” to allow schools to access SDIIS directly to check immunization status of students in a timely and efficient manner to ensure the student meets the school entry requirements outlined in SDCL 13-28-7.1. This change reduces the burden on parents and medical providers to provide proof of immunization to the schools directly and reduces the burden on schools by allowing schools to directly access this information through SDIIS in a timely and efficient manner. This change does not impact the right of a parent/ guardian to sign a refusal stating that immunization information may not be shared or in any manner change the requirements or exceptions outlined in SDCL 13-28-7.1. House Bill 1070 Introduced by: Representatives Hickey, Bolin, Craig, DiSanto, Gosch, Haggar (Don), Haugaard, Kaiser, Novstrup (Al), Qualm, Rounds, Schoenfish, Stalzer, Verchio, and Zikmund and Senators Rave, Haggar (Jenna), Jensen (Phil), Lederman, Monroe, Olson, and Omdahl Deb Muilenburg-Wilson 367-7956 An Act to require school districts to provide special education or special education and related services to resident students receiving alternative instruction. Impact: This bill would require school districts to provide special education or special education and related services to resident students receiving alternative instruction. Sioux Falls School District 49-5 Page 2 Printed 03/09/15 4:04:30 PM Positions are updated as POSITIONS ON 2015 PENDING LEGISLATION bills are able to be BY THE reviewed by the District. SIOUX FALLS SCHOOL DISTRICT Position: The District opposes this bill as written and would offer an amendment to add “if the student is dual-enrolled in the public school for special education or special education and related services” and in place of “in need of” change to “ be eligible for”. Special Education and Special Education and related services are available to all eligible individuals who reside in and are enrolled in the District per the Administrative Rules of South Dakota. The Individuals with Disabilities Education Act (IDEA) does not require school districts to provide such services so this Act goes above and beyond federal requirements. If the student is not “enrolled” for their time in special education or special education and related services the district would not be able to collect special education state aid for the student which would be a funding concern. House Bill 1077 Introduced by: Representatives Stevens, Haugaard, Hunt, Johns, and Verchio and Senators Van Gerpen and Omdahl Dr. Celeste Uthe-Burow 367-4283 An Act to require parental approval to waive a school counselor privilege regarding a student under sixteen. Impact: This bill is seeking to change who is able to waive privileged communication that takes place between a counselor, psychologist or social worker employed in a school setting. Current law designates that a student is the designee that is able to waive the right to privileged information. HB 1077 is attempting to replace the privilege to waive from the student to a parent or guardian of any student under the age of sixteen years or by the student if the student is sixteen years of age or older. Position: The District opposes this bill. This is key legislation that would critically impair school counselors, social workers, and psychologists’ ability to build trusting relationships with students and impair their role as designated reporters in cases of abuse and neglect. Counselors, social workers and psychologists go through a process of informed consent when they enter into a relationship with a student, notifying them that everything they say is confidential, unless information is shared indicating that they are in harm. Based on the information shared with the Counselors, social workers and psychologists report such information is reported to Child Protective Services, law enforcement and/or to the parent. The Sioux Falls School District recognizes the importance of building and maintaining relationships with parents as well as students. The current law and our practices allow us to provide ethical and legally sound services to our students and their families. Changing this law would weaken a process that is effective and in no need of revision. Sioux Falls School District 49-5 Page 3 Printed 03/09/15 4:04:30 PM Positions are updated as POSITIONS ON 2015 PENDING LEGISLATION bills are able to be BY THE reviewed by the District. SIOUX FALLS SCHOOL DISTRICT House Bill 1092 Introduced by: Representatives Holmes, Deutsch, Kirschman, Rozum, Wiik, Willadsen, and Zikmund and Senator Greenfield (Brock) Todd Vik 367-7909 An Act to establish the rural school teacher recruitment assistance program, and to make an appropriation to the education enhancement trust fund to provide for the annual funding of the program. Impact: This bill establishes a rural teacher recruitment assistance program and appropriates $1.5 million from the general fund for it next year and in future years appropriates fund from the Education Enhancement Trust Fund. Position: The District opposes this bill. While this may be a well-intentioned concept of categorical funding for rural schools, ongoing funds that are available should be used to increase the per student allocation in the general fund. House Bill 1093 Introduced by: Representatives Bolin, Brunner, Campbell, Kaiser, Marty, May, Qualm, Stalzer, Verchio, and Wiik and Senators Jensen (Phil), Haggar (Jenna), and Olson Josh Hall 367-7816 An Act to provide for the exemption of certain students from the requirement to take certain academic assessment tests. Impact: This bill would provide the exemption of certain students from the requirement to take certain academic assessment tests. Position: The District opposes this bill. Teachers and principals are held accountable for student achievement per State and Federal requirements (e.g., personnel evaluation measures, school performance measures, participation rates, various Federal grant applications, etc.) Permitting exemptions will skew overall results and result in inaccurate data from which mission critical decisions are made.