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 – , Paula Hawks, School Board District 10 – Jenna Haggar, Don Haggar, Steven Haugaard Passed both District 11 –David M Omdahl, , houses District 12 – , Arch Beal, Alex Jensen District 13 – , Steve Westra, G. Mark Mickelson Dead

District 14 – , 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.

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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.

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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.

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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.

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House Bill 1097 Introduced by: Representatives Deutsch, Anderson, Beal, Bolin, Brunner, Campbell, Craig, Cronin, DiSanto, Duvall, Gibson, Greenfield (Lana), Harrison, Hawks, Hawley, Heinemann (Leslie), Hickey, Holmes, Hunt, Johns, Kaiser, Klumb, Langer, Latterell, Marty, May, Mickelson, Munsterman, Novstrup (Al), Otten (Herman), Peterson (Kent), Qualm, Rasmussen, Ring, Rounds, Rozum, Russell, Schoenbeck, Schoenfish, Sly, Stalzer, Stevens, Tulson, Verchio, Wiik, Willadsen, Wollmann, and Zikmund and Senators Peterson (Jim), Brown, Buhl O'Donnell, Greenfield (Brock), Haggar (Jenna), Holien, Monroe, Olson, Rampelberg, Soholt, Solano, and Tidemann Todd Vik 367-7909 An Act to provide for a reduced minimum fall enrollment for certain school districts. Impact: This bill prorates the number of students required to remain open for a public school district that contracts for high school based on the number of grades contracted for (presumably 4). The current requirement is 100 students.

Position: The District takes no position on this bill.

House Bill 1100 Introduced by: Representatives Sly, Brunner, Campbell, Deutsch, Johns, Klumb, Novstrup (Al), Schoenfish, and Zikmund and Senators Soholt, Monroe, Rampelberg, and Sutton Todd Vik 367-7909 An Act to clarify how a vacancy on a school board is filled. Impact: This bill allows an outgoing school board member to participate in filling the board vacancy if the board member is in good standing at the time of the vacancy (e.g. the board member did not run for another term but no one else ran for the vacant term).

Position: The District takes no position on this bill.

House Bill 1101 Introduced by: Representatives Sly and Partridge and Senators Rampelberg and Tieszen Josh Hall 367-7816 An Act to ensure local control over curriculum and methods of instruction. Impact: This bill would ensure local control over curriculum and methods of instruction.

Position: As an advocate for local control, the District supports this bill.

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House Bill 1114 Introduced by: Representatives Bolin, Brunner, Hickey, Holmes, Kirschman, Novstrup (Al), and Schoenfish and Senators Haggar (Jenna), Hunhoff (Bernie), Jensen (Phil), and Omdahl Todd Vik 367-7909 An Act to require certain school districts to compensate teachers for certain continuing education expenses and for the cost of renewing teachers' certificates. Impact: This bill requires school districts with a fund balance greater than 50 percent (50%) to pay for up to six graduate hours to any teacher who has been with the district for at least two terms.

Position: The District opposes this bill. If the State wants to limit fund balances, it should limit them and then give the aid it saved by the state back to the other districts on a pro-rata basis. The State should not dictate how schools with fund balances that it deems too high, but won’t prohibit, spend down those balances.

To the extent this would ever impact the District, the eligibility for this benefit should be to teachers who have reached continuing contract status - teachers who have completed three consecutive years with a school district not two as proposed.

House Bill 1115 Introduced by: Representatives Bolin, Hawks, Munsterman, Otten (Herman), and Schoenfish and Senators Peterson (Jim), Hunhoff (Bernie), Parsley, and Tieszen Todd Vik 367-7909 An Act to increase the maximum property tax levy for the pension fund of a school district. Impact: This bill increases the maximum pension levy from 30 cents to 35 cents.

Position: The District supports this bill. School Districts were never funded for the mandated one percent (1%) increase in the South Dakota Retirement System in the early 2000’s. That increase cost the Sioux Fall School District’s general and pension funds approximately $880,000 per year. A five cent increase would generate approximately $450,000.

House Bill 1125 Introduced by: Representative Tulson and Senator Holien Todd Vik 367-7909 An Act to revise certain provisions regarding the notice for meeting of public bodies. Impact: This bill requires public bodies to post a continuous notice of the public meetings for the 24 hours immediately preceding the meeting.

Position: The District takes no position on this bill.

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House Bill 1137 Introduced by: Representatives Sly, Bolin, and Duvall and Senators Tidemann and Tieszen Bob Jensen 367-8432 An Act to exclude the passing time between classes in the number of hours required in the school term for secondary students. Impact: This bill removes the ability to count passing minutes between classes to meet the state’s required hours in the school term for grades six through twelve. This would reduce the total minutes per day by 30-49 minutes depending on the high school or 10.5-25.4 days for the school term.

Position: The District takes no position on this bill. The Sioux Falls School District’s minutes in a school term would still exceed the state requirements for grades six through twelve.

House Bill 1139 Introduced by: Representatives Campbell and Hawks and Senators Tieszen, Ewing, Heinert, and Sutton Melissa Braak 367-7901 An Act to revise certain procedures for competitive sealed bids by public purchasing agencies. Impact: This bill amends SDCL 5-18A-5 by adding “Unless otherwise stated in the invitation for the bids, the” contract shall be awarded within thirty days of the bid opening. Currently, public purchasing agencies are required to award the bid within thirty days. This change will allow public agencies more time to evaluate bids if needed.

Position: This bill was hoghoused and no longer affects the District. The District takes no position on this bill.

House Bill 1148 Introduced by: Representative Sly and Senator Peters Todd Vik 367-7909 An Act to require that the annual report of a school district contain certain information regarding school district fund balances. Impact: This bill requires school districts to include a monthly fund balances as part of their annual financial reports.

Position: The District opposes this bill without amendment; the need for this bill is questionable. That said, if it passes as is and then Legislative Audit requires school districts to make monthly adjustments for payables and receivables, this could be quite onerous. A suggested amendment is to include the following: “The monthly fund balance is defined as the prior year’s ending fund balance plus current year revenues minus current year expenditures.” Districts shall not be required to adjust for payables and receivables on a monthly basis. As amended the District takes no position on this bill.

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House Bill 1153 Introduced by: Representatives Novstrup (Al), Bartling, Bolin, Deutsch, Haggar (Don), Harrison, Hawley, Heinemann (Leslie), Hickey, Johns, Kaiser, Kirschman, Mickelson, Munsterman, Qualm, Rasmussen, Rounds, Schoenbeck, Sly, Solum, Stalzer, Tulson, Westra, Willadsen, and Wollmann and Senators Lederman, Brown, Frerichs, Hunhoff (Bernie), Monroe, Omdahl, Rave, Tieszen, and Van Gerpen Todd Vik 367-7909 An Act to expand the definition of teleconference to include certain meetings conducted through electronic text colloquy and to require the retention of certain records of text colloquy meetings for public inspection. Impact: This bill redefines a teleconference for the purpose of public meeting requirements as text colloquies.

Position: The District opposes this bill unless amended to clarify this language: “A text colloquy among a quorum of a public body or a political subdivision by electronic means, including e-mail, text messaging . . .” Does this mean email chains that eventually reach a quorum or only message streams where a message is sent to a quorum of the board. For instance, if a member of a 5- member board sends a business-related message to another board member and that member forwards the message to another member, according to this bill is that a public meeting? This bill should make this case clear, one way or another.

House Bill 1161 Introduced by: Representatives Haugaard, Beal, Brunner, Greenfield (Lana), Heinemann (Leslie), Hunt, Langer, Marty, May, Qualm, Russell, and Verchio and Senators Greenfield (Brock), Haggar (Jenna), Heineman (Phyllis), Holien, Jensen (Phil), Lederman, Olson, Otten (Ernie), Rusch, Solano, and Van Gerpen Mark Meile 367-7960 An Act to limit certain rule making authority of the South Dakota High School Activities Association. Impact: This bill is attempting to prohibit the SDHSAA from establishing policies relating to a person’s sexuality or gender identity.

Position: The District opposes this bill.

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House Bill 1167 Introduced by: Representatives Westra, Brunner, Conzet, Dryden, Duvall, Gosch, Haggar (Don), Hunt, Langer, Partridge, Verchio, and Willadsen and Senators Rave, Heineman (Phyllis), Jensen (Phil), Lederman, Peters, Tidemann, and Tieszen Todd Vik 367-7909 An Act to authorize municipalities, counties, and school districts to post certain information on the internet in addition to or in lieu of certain publication requirements.

Impact: This bill allows local units of government to provide their minutes and other legal notices via a website instead of being forced to print them in the local newspaper. The bill would also require local governments to mail or email the minutes at no charge to individuals who request them and to the official newspaper for their information. The governmental entity would also have to publish notices to inform the public about the website twice a year.

Position: The District supports this bill. Current statutes requiring school districts and other local unit of government to print their minutes in their official newspapers are arcane. Based on an analysis the District conducted in 2007, a survey of all parents of Sioux Falls School District students showed 86 percent of them have access to the internet. The District’s official newspaper, the Argus Leader, sold only 21,500 daily subscriptions for home delivery in Sioux Falls, while there were an estimated 58,800 housing units in the city at that time. Clearly, this is no longer an issue of the public’s right to know. It has become an issue of providing a public subsidy to local newspapers. In this era of very tight revenue, not the least of was the ongoing 8.6 percent cut in K-12 State Aid four years ago, any chance to cut expenditures is coveted by those local governments. For the Sioux Falls School District, passage of this bill will result in over $45,000 in savings, which could pay the salary of a veteran teacher in the District. The legislative body of the biggest public entity in the state does not print its minutes in the paper; they are contained on the internet. If the State wisely does not print its minutes in a newspaper, why does it continue to make printing them in a newspaper a requirement of local governments?

House Bill 1170 Introduced by: Representative Westra and Senator Lederman Todd Vik 367-7909 An Act to accommodate legislation relating to education in South Dakota. Impact: This bill is a placeholder for an education bill.

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

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House Bill 1172 Introduced by: Representatives Hawks, McCleerey, Rasmussen, Ring, Schoenfish, Soli, and Verchio and Senators Hunhoff (Bernie), Buhl O'Donnell, Parsley, and Peterson (Jim) Dr. Laura Raeder 367-7947 An Act to revise the eligibility requirements for the South Dakota opportunity scholarship to include certain students who reside in bordering states. Impact: This bill extends the South Dakota Opportunity Scholarship opportunities to high school students who live in a bordering state but graduate from a South Dakota high school. (Thus the students are not South Dakota residents.)

Position: The District opposes this bill. The South Dakota Opportunity Scholarship should be used to help fund post-secondary opportunities for South Dakota residents.

House Bill 1184 Introduced by: Representatives DiSanto, Campbell, Greenfield (Lana), Haugaard, Latterell, May, and Stalzer and Senators Greenfield (Brock), Haggar (Jenna), Jensen (Phil), and Olson Dr. Laura Raeder 367-7947 An Act to regulate the use of digital-learning platforms in schools accredited by the state. Impact: This bill requires school districts to explain the goals and the capabilities of a district's student management system. Parents/guardians must be able to access the same information the students have access to in the student management system. Guardians may opt out of the use of the student management system.

Position: The District opposes this bill. As a one-to one District, Sioux Falls teachers and students use various student management systems to learn content, gain access to curriculum, test, and record grades. These tools are essential to all students and teachers.

In some cases, we have seven year contracts (paid up front) with textbook companies for students and teachers to have access to online curriculum. Additionally, our students take online classes at Joe Foss and in our four high schools where records are kept online. Parents can monitor student growth/progress, but they do not have access to the content.

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House Bill 1195 Introduced by: Representative Bolin and Senator Otten (Ernie) Mark Meile 367-7960 An Act to declare void the transgender policy of the South Dakota High School Activities Association and to establish a determinant in identifying a student's sexual identity for the purpose of participation in high school athletics. Impact: This bill is attempting to prohibit the South Dakota High School Activities Association from establishing policies relating to a person’s sexuality or gender identity.

Position: The District opposes this bill. Senate Bill 140 was hoghoused with the verbiage from HB 1195

House Bill 1198 Introduced by: Representatives DiSanto, Campbell, Craig, Kaiser, Marty, May, and Russell and Senators Jensen (Phil), Greenfield (Brock), and Olson Josh Hall 367-7816 An Act to require legislative approval for certain academic assessments. Impact: This bill would require legislative approval of all statewide assessments starting July 1, 2016.

Position: The District opposes this bill. The current process of having the Department of Education determine assessments has been effective and do not see a need to change it.

House Bill 1207 Introduced by Representatives Cronin, Bartling, Dryden, Hawley, and Wink and Senators Rave, Brown, Frerichs, Peters, Peterson (Jim), Sutton, and Tidemann Todd Vik 367-7909 An Act to revise certain provisions concerning the school district pension fund and capital outlay fund tax levies, to provide property tax opt-out procedures for the capital outlay levy, and to revise the per student allocation. Impact: This is a different version of the Ag. Land Task Force bill (SB&) introduced earlier this session. It limits growth in the capital outlay fund and the pension fund to the prior year’s levy plus three percent (3%) or inflation, whichever is greater and new construction. The bill contains a catchup factor if a district doesn’t utilize its full index factor in a given year and allows for an opt out in the capital outlay fund. The bill also exempts districts that levied less than $1.50 in the previous year and are below average in capital dollars raised per student from the limitation. This bill also adds 1.5% to the general fund allocation – this is purportedly one-half of the annual saving that will be realized due to the proposed capital outlay caps.

HB 1207 was amended in committee to allow school districts to recapture declining bond redemption dollars in the capital outlay levy (e.g. if the bond fund levy is reduced by $100,000, the capital outlay levy can increase by $100,000 in addition to the normal increase.)

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Position: Given the Mickelson amendment, the District is neutral on this bill, as recapturing the declining bond redemption dollars softens the extreme negative effect of the original bill to the District’s long- term capital outlay plan.

The District opposes this bill. According to the Ag Land Task Force hearing, there are three primary reasons for limiting capital outlay and pension levies.

1) The failure to limit school district capital outlay and pension funds is allowing the districts to increase property taxes at alarming rates; therefore they should be limited like counties and municipalities. False. According to Department of Revenue and Regulation (DRR) slides presented to the task force, the percent of property taxes statewide going to schools was 59.72% in 2003 and it was 57.03% in 2014. 2) Agricultural land has been disproportionately hit by the failure to limit capital outlay and pension fund taxes similar to the limits on counties and municipalities, and therefore is inherently unfair. False. According to DRR slides presented to the task force, Ag property accounted for 27% of all property taxes collected in 1997, 25% in 2003, and 25% in 2014. 3) According to DRR slides presented to the taskforce, school districts have been over-collecting and underutilizing capital outlay funds (i.e. the fund balance grew from 100% in 2010 to 150+% in 2013). Misleading. The big jump occurred between FY10 and FY11 from 100% to over 150%. This was the same time that GASB 54 redefined what the Department of Education reports as school fund balances, thereby artificially inflating them. The same thing happened to the State of South Dakota as evidenced in its Comprehensive Annual Financial Report where its general fund balance jumped from $155 million in FY10 to $287 million in FY11. The State even defined the balances as “Per GASB 54” and “Prior to GASB 54” to explain the increase. The same is true for school district capital outlay funds.

Additionally, in the last ten years school property taxes have increased 3.8% per year while the State’s sales and use tax has increased by 4.9% per year. While there are pockets throughout the state where the capital outlay levy has increased rapidly in the last few years and there are other areas where the growth in the capital outlay levy has outpaced the growth in the state’s sales tax, these two instances involve only one-third of the total property valuation in the state.

On a related note, the bill is inherently unfair as it rewards districts who have taxed at the maximum by establishing 2015 receipts as the base while punishing districts who have tried to manage their capital outlay and pension fund levies. Apparently, this bill attempts to garner the support of those districts by reallocating to them dollars in the general fund a percent of the calculated savings from all districts across the state, even those who are far below the state average in capital outlay dollars levied per student. For example, in the last 10 years the Sioux Falls School District’s capital outlay levy has increased only 3.3% per year and has actually dropped over the last six years, yet Sioux Falls will be locked in at its 2015 levy. At a bare minimum, if this bill is to pass districts that are below the average per pupil capital outlay levy should not be restricted by this bill until those districts meet that average.

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House Bill 1218 Introduced by: Representatives Bartling, Gibson, Hawks, and Hawley and Senators Sutton, Frerichs, Hunhoff (Bernie), and Peterson (Jim) Todd Vik 367-7909 An Act to accommodate legislation relating to education in South Dakota create certain funding for education in South Dakota. Impact: This bill is a place holder to for education-related legislation. This bill was hoghoused to allow school districts to contribute up to 25 cents from the capital outlay fund to a technical institute in its region. The 25 cents is not subject to any other limitation except the overall $3.00 capital outlay limit.

Position: The District takes no position on this bill as it is permissive and does not require districts to contribute.

House Bill 1223 Introduced by: Representatives Campbell, DiSanto, Kaiser, Marty, May, Russell, and Stalzer and Senator Jensen (Phil) Josh Hall 367-7816 An Act to end the state's involvement with common core state standards and to prohibit the adoption of certain multistate educational standards. Impact: This bill is attempting to discontinue the State's involvement with the Common Core.

Position: The District opposes this bill. The Sioux Falls School District supports the academic standards as defined by the Common Core. In educating and preparing each student to succeed in the changing world, the District has always challenged itself to base its written curriculum on national standards, where available.

House Bill 1226 Introduced by: Representative May and Senator Greenfield (Brock) Todd Vik 367-7909 An Act to accommodate legislation for education. Impact: This bill is a place holder to for education-related legislation.

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

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Senate Bill 6 Introduced by: Senators Sutton, Frerichs, and Peterson (Jim) and Representatives Cronin and Bartling at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force Todd Vik 367-7909 An Act to revise certain provisions concerning the pension and capital outlay tax levies for school districts. Impact: This bill extends to 2019 (currently they sunset after 2015) the limitations placed on the capital outlay and pension funds back in 2010 when the Legislature changed the way Ag. Land was valued. Per the changes from four years ago, the limitations apply to districts whose valuations grow greater than ten percent (10%) per year and they do not punish districts that were not levying at the max.

Position: The District supports this bill.

Senate Bill 7 Introduced by: Senators Sutton, Frerichs, and Peterson (Jim) at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force Todd Vik 367-7909 An Act to revise certain provisions concerning the school district pension fund and capital outlay fund tax levies and to provide property tax opt-out procedures for the capital outlay levy. Impact: This bill comes from the Ag. Land Task Force that met this summer. It limits growth in the capital outlay fund and the pension fund to the prior year’s levy plus three percent (3%) or inflation, whichever is greater and new construction. The bill contains a catchup factor if a district doesn’t utilize its full index factor in a given year. The bill also exempts districts that levied less than $1.50 in the previous year and are below average in capital dollars raised per student from the limitation.

Position: The District opposes this bill. . According to the Ag Land Task Force hearing, there are three primary reasons for this bill. They are illusory.

1) The failure to limit school district capital outlay and pension funds is allowing the districts to increase property taxes at alarming rates; therefore they should be limited like counties and municipalities. False. According to Department of Revenue and Regulation (DRR) slides presented to the task force, the percent of property taxes statewide going to schools was 59.72% in 2003 and it was 57.03% in 2014. 2) Agricultural land has been disproportionately hit by the failure to limit capital outlay and pension fund taxes similar to the limits on counties and municipalities, and therefore is inherently unfair. False. According to DRR slides presented to the task force, Ag property accounted for 27% of all property taxes collected in 1997, 25% in 2003, and 25% in 2014. 3) According to DRR slides presented to the taskforce, school districts have been hoarding capital outlay funds (i.e. the fund balance grew from 100% in 2010 to 150+% in 2013). Misleading. The big jump occurred between FY10 and FY11 from 100% to over 150%. This was the same time that GASB 54 redefined what the Department of Education reports as

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school fund balances, thereby artificially inflating them. The same thing happened to the State of South Dakota as evidenced in its Comprehensive Annual Financial Report where its general fund balance jumped from $155 million in FY10 to $287 million in FY11. The State even defined the balances as “Per GASB 54” and “Prior to GASB 54” to explain the increase. The same is true for school district capital outlay funds.

This bill appears to be the classic example of a solution looking for a problem.

The bill is also inherently unfair, as it rewards districts who have taxed at the maximum by establishing 2015 receipts as the base while punishing districts who have tried to manage their capital outlay and pension fund levies. At a bare minimum, if this bill is to pass for some reason, districts that are below the average per pupil capital outlay levy should not be restricted by this bill until they meet that average.

Senate Bill 42 Introduced by: The Committee on Education at the request of the Department of Education Sue Simons 367-5384 An Act to revise certain provisions relating to the filing of student birth certificates. Impact: This bill expands the documents that are acceptable for proof of age and identity in order for a student to enroll in school. Also makes slight changes to the process of reporting missing documentation by eliminating the school board as a middleman by requiring the school to notify the party out of compliance allowing 30 days to get in compliance before reporting to the state’s attorney. Position: The District’s position on this bill is to be determined pending amendment. The District has been working with the Department of Education on possible amendments to the initial bill, which, if agreed upon will impact the recommendation.

The District supports expanding the acceptable legal documents from only a birth certificate within limits. The bill, as initially proposed, would allow non-legal documents to establish the identity and age of the student thereby creating a system where falsified documents could be used to enroll students who are living with non-parents/legal guardians or not of the right age (by allowing records such as medical records and records from a religious institution,) which may be too easy to falsify.

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Senate Bill 53 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management Todd Vik 367-7909 An Act to revise certain provisions regarding the state aid to general education formula and to revise the property tax levies for the general fund of school districts. Impact: This bill increases the per student allocation by two percent (2%) instead of the 1.5 percent (1.5%) index factor. The bill pays for the additional .five percent (5%) by counting sparsity payments and the State’s K-12 technology appropriation in the Cutler/Gabriel calculation for the first time (previously those payments were 100% State-funded). This maneuver will further reduce property tax relief by approximately $3 million.

Position: The District supports this bill.

Senate Bill 54 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management Todd Vik 367-7909 An Act to revise certain provisions regarding the state aid to special education formula and to revise the property tax levies for special education. Impact: This bill changes the increase in the SPED allocations from 1.5 percent (1.5%) to two percent (2%) to match the proposed increase in the State Aid formula. The bill also performs the annual Cutler/Gabriel adjustment for the Sped fund by lowering the qualifying level to within a penny of where it was when the State increased the levy a few years ago.

Position: The District supports this bill.

Senate Bill 70 Introduced by: Senators Soholt, Haggar (Jenna), and Solano and Representative Gibson at the request of the Jolene's Law Task Force Sue Simons 367-5384 An Act to require that a mandatory child abuse reporter be present and available to answer questions when the initial report regarding abuse or neglect is made to authorities. Impact: This bill adds an additional requirement for a mandatory reporter when making a mandatory report of child abuse by requiring that the individual who actually witnessed the reported event or evidence of abuse be present when the report is made.

Position: The District takes no position on this bill. SDCL 26-8A-7 requires that the mandatory reporter (specified school employees) are to make the report to the school principal or school superintendent who is then to make the report to DSS or law enforcement. If the reporter is a classroom teacher, he/she may not be readily available when the principal makes the required report (may be in the classroom – no substitute available to supervise the class). By requiring the

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teacher’s physical presence at the time the report is made could cause unnecessary delay in reporting or issues with supervision and safety of other students.

Further the criteria for reporting is that the mandatory reporter has ”reasonable cause” to suspect abuse. There is a significant difference between reporting this suspicion to DSS and taking part in DSS’s investigation. The information reported at the initial report are the facts that form that “reasonable cause to suspect.” These facts remain the same whether or not the individual is present when the report is made. Certainly the observing individual will/can be made available at a later time for any investigation and to answer any follow-up questions; however, to require their presence at the time of the initial report is changing this from a report to an investigation.

Senate Bill 73 Introduced by: Senators Solano, Bradford, Brown, Buhl O'Donnell, Cammack, Curd, Ewing, Frerichs, Greenfield (Brock), Haggar (Jenna), Haverly, Heineman (Phyllis), Heinert, Holien, Hunhoff (Bernie), Lederman, Monroe, Novstrup (David), Otten (Ernie), Parsley, Peters, Peterson (Jim), Rampelberg, Rave, Rusch, Soholt, Sutton, Tidemann, Tieszen, Vehle, and White and Representatives Gosch, Anderson, Bartling, Beal, Brunner, Conzet, Craig, Cronin, Deutsch, DiSanto, Dryden, Duvall, Feickert, Gibson, Greenfield (Lana), Haggar (Don), Harrison, Haugaard, Hawks, Hawley, Heinemann (Leslie), Hickey, Holmes, Hunhoff (Jean), Hunt, Jensen (Alex), Johns, Kirschman, Klumb, Langer, May, McCleerey, Mickelson, Munsterman, Novstrup (Al), Otten (Herman), Partridge, Peterson (Kent), Qualm, Rasmussen, Ring, Romkema, Rounds, Rozum, Schoenbeck, Schoenfish, Schrempp, Sly, Soli, Solum, Stalzer, Stevens, Tulson, Verchio, Werner, Westra, Wiik, Willadsen, Wink, Wollmann, and Zikmund Sue Simons 367-5384 An Act to improve public safety regarding juvenile justice. Impact: This bill revises and updates the statutes relating to the juvenile justice system.

Position: The District takes no position on this bill.

Senate Bill 89 Introduced by: Senators Tidemann, Brown, Curd, Haggar (Jenna), Haverly, Heinert, Holien, Hunhoff (Bernie), Lederman, Novstrup (David), Olson, Peters, Rave, Rusch, Solano, and Vehle and Representatives Munsterman, Bartling, Brunner, Conzet, Cronin, Deutsch, Gosch, Hawks, Hawley, Jensen (Alex), Kirschman, Langer, McCleerey, Mickelson, Otten (Herman), Peterson (Kent), Qualm, Rasmussen, Rounds, Schoenbeck, Schoenfish, Solum, Verchio, Westra, Wiik, Willadsen, and Zikmund Robert Bray 367-5299 An Act to require the development of school safety plans and to require the conduct of lockdown drills in accredited schools.

Impact: This bill recognizes that there is a need to focus on the development and implementation of comprehensive safe school plans for each accredited school. In developing these plans, the bill promotes that a coordinated effort is essential to ensure the most effective response to any type of emergency, particularly those requiring lockdown.

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Position: The District supports the bill and would offer friendly amendments (formal copy will be provided to sponsors). The suggested amendments expand the bill to encompass concepts and principles recognized by the industry, are expected by FEMA/DHS/DOE, and ensure all hazard safety planning. The District also recommend changing the compliance deadline from August, 1, 2015 to the end of the 2015-16 school year, as the compliance deadline is likely not enough time for most schools/districts to accomplish the bill’s requirements

Senate Bill 90 Introduced by: Senators Hunhoff (Bernie), Bradford, Ewing, and Otten (Ernie) and Representatives Hunhoff (Jean), Bartling, Bolin, Brunner, and Kirschman Sue Simons 367-5384 An Act to require school districts to provide veterans a preference in employment. Impact: This bill expands the veteran’s preference in public employment to include school districts (currently includes only counties and municipalities).

Position: The District takes no position on this bill.

Senate Bill 104 Introduced by: Senators Otten (Ernie), Brown, Haggar (Jenna), Holien, Lederman, Olson, Peters, Rave, Soholt, Solano, and Tidemann and Representatives Sly, Bolin, Craig, Cronin, Gosch, Haggar (Don), Kaiser, Langer, Mickelson, Novstrup (Al), Otten (Herman), Verchio, Westra, and Wink Sue Simons 367-5384 An Act to revise certain provisions regarding student surveys. Impact: This bill revises the 2014 amendments governing school surveys to align the requirements with that found in the Federal Protection of Pupil Rights Act (PPRA).

Position: The District supports this bill. The bill defines/identifies what constitutes a survey, provides a requirement for school districts to provide timely (at least 14 da7s) and detailed (listing an explanation of the questions, date and location, how the results will be used, who will have access to the results and analysis notice of an upcoming survey and requirement that a copy be available for inspection upon request) and allows the parent to exclude their student from the survey. The DOE will be preparing the form for the parent to use so there will be uniformity in the state. This provision is aligned with the requirements of the Federal law relating to student surveys.

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Senate Bill 114 Introduced by: Senators Monroe, Ewing, Greenfield (Brock), Haggar (Jenna), Holien, Lederman, Olson, Omdahl, Van Gerpen, and Vehle and Representatives Bolin, Campbell, Greenfield (Lana), Haggar (Don), Hickey, Kaiser, Latterell, May, Qualm, Schoenfish, Stalzer, and Zikmund Josh Hall 367-7816 An Act to encourage and protect the teaching of certain scientific information. Impact: This bill would encourage and protect the teaching of certain scientific information.

Position: The District opposes this bill. This bill is unnecessary and could be interpreted to encourage “teaching the controversy” in sound scientific concepts.

Senate Bill 117 Introduced by: Senators Jensen (Phil), Greenfield (Brock), Haggar (Jenna), Holien, Monroe, Olson, Omdahl, and Van Gerpen and Representatives Greenfield (Lana), Anderson, Bolin, Brunner, Campbell, Craig, DiSanto, Feickert, Haggar (Don), Heinemann (Leslie), Hickey, Kaiser, Klumb, May, Qualm, Rasmussen, Russell, Stalzer, Verchio, and Zikmund Kate Bartell Nowak 367-4670 An Act to further protect the privacy of certain student information. Impact: This bill revises the 2014 amendments governing school surveys to expand the category of types of survey information that would require prior parent written consent to include: Biometric information; Social security number; Home internet protocol address; and External digital identity

Position: The District opposes this bill. This bill places a further burden on schools to obtain written parent consent prior to administering surveys. Parental consent for surveys is effectively governed by the federal PPRA. The proposed additions are unnecessary. If included, these terms need to be defined, as terms like “external digital identity” are vague.

Senate Bill 124 Introduced by: Senators Peters, Otten (Ernie), and Rave and Representatives Otten (Herman), Hawks, and Sly Todd Vik 367-7909 An Act to revise the requirements for a petition for a minor boundary change. Impact: This bill clarifies that the petition for the minor boundary change includes a final plan for detachment and annexation and the 60 day period for school districts to act starts over if the minor boundary petition or plan is amended

Position: The District takes no position on this bill.

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Senate Bill 125 Introduced by: Senator Rave and Representatives Westra and Otten (Herman) Sue Simons 367-5384 An Act to revise the minimum suspension requirements for students participating in extracurricular activities. Impact: This bill clarifies when the suspension for a drug conviction or diversion starts and also when the number of activities affected by the suspension is to be served.

Position: The District supports this bill. This bill clarifies the amendments made last year relating to the state penalty for a drug-related conviction or placement in a diversion program. It provides an option for a student to serve the suspension prior to conclusion of the legal process and outlines the procedure to do so that includes parental involvement and notification to the SDHSAA. It will allow a student to simultaneously serve this state-imposed sanction with a District-imposed sanction for violation of the District’s discipline plan rather than have a second period of suspension months later after there has been a conviction or diversion.

Senate Bill 132 Introduced by: Senator Rave and Representative Sly Todd Vik 367-7909 An Act to allow school districts to recruit or retain teachers by providing certain financial incentives. Impact: This bill allows school districts to offer signing bonuses, moving expenses, tuition reimbursement and retention bonuses to teachers outside of the collective bargaining process.

Position: The District takes no position on this bill. The District can already accomplish this concept via partnerships with the District’s employee groups.

Senate Bill 133 Introduced by: Senators Rave and Lederman and Representatives Hunhoff (Jean) and Langer Mark Meile 367-7960 An Act to require all students leaving an accredited school for an alternative education program to wait one year before participating in interscholastic activities. Impact: This bill would require all students leaving an accredited school for an alternative educational program to wait a year before being able to participate in interscholastic activities.

Position: The District takes no position on this bill. This bill would not apply to the Sioux Falls School District as the District does not allow activity participation of a student receiving alternative instruction.

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Senate Bill 134 Introduced by: Senators Rave and Sutton and Representatives Gosch and Hawley Todd Vik 367-7909 An Act to accommodate legislation to revise the capital outlay property tax levy for school districts prohibit minor boundary changes for one year, to establish the school district boundary task force, and to declare an emergency. Impact: This bill is a place holder for capital outlay legislation in case it is necessary was hoghoused to create a moratorium on minor boundary changes and funds a summer study committee.

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

Senate Bill 140 Introduced by: Senator Lederman and Representative Westra Mark Meile 367-7960 An Act to accommodate legislation relating to education in South Dakota declare void the transgender policy of the South Dakota High School Activities Association and to establish a determinant in identifying a student’s sexual identity for the purpose of participation in high school athletics (formerly HB 1195). Impact: This bill is a placeholder. attempting to prohibit the South Dakota High School Activities Association from establishing policies relating to a person’s sexuality or gender identity.

Position: The District opposes this bill.

Senate Bill 144 Introduced by: Senators Sutton, Bradford, Buhl O'Donnell, Frerichs, Heinert, Hunhoff (Bernie), Parsley, and Peterson (Jim) and Representatives Hawks, Bartling, Gibson, Hawley, Killer, Kirschman, Ring, and Soli Todd Vik 367-7909 An Act to establish a tuition reimbursement program for certain teachers who teach in rural school districts. Impact: This bill establishes a rural teacher tuition reimbursement program and creates a fund for future expenditures for the program.

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.

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Senate Bill 145 Introduced by: Senators Sutton and Heinert and Representatives Bartling and Hawley Todd Vik 367-7909 An Act to accommodate legislation to increase teacher pay in South Dakota. Impact: This bill is a placeholder for a bill to increase teacher salaries.

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

Senate Bill 156 Introduced by: Senators Buhl O'Donnell, Bradford, Frerichs, Heinert, Parsley, and Sutton and Representatives Killer, Gibson, Hawks, Kirschman, and Soli Sue Simons 367-5834 An Act to require a minimum amount of paid sick leave for employees. Impact: This bill mandates paid sick leave for all employees after 90 days of employment.

Position: The District opposes this bill. This is cost prohibitive as it would apply to all employees regardless of the number of hours worked. This requirement far exceeds what is required by the Family Medical Leave Act, which is limited to unpaid leave and only after an employee works for an employer for one year and works more than 1,250 hours per year for the employer. It also allows use of this time for reasons unrelated to sickness (participation in court or legal proceedings).

Senate Bill 163 Introduced by: Senators Rampelberg, Heineman (Phyllis), Lederman, Novstrup (David), Olson, and Van Gerpen and Representatives May, Bordeaux, Brunner, Gibson, Hawley, Killer, Kirschman, Mickelson, Novstrup (Al), Sly, and Zikmund Todd Vik 367-7909 An Act to make an appropriation to fund the Teach for America grant program. Impact: This bill would fund the Teach for America grant program.

Position: The District opposes this bill. The State cannot adequately fund the K-12 public school system as it currently exists. Proposing funding for the Teach for America grant is a luxury that should be carefully considered only after the State has properly funded public schools.

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Senate Bill 164 Introduced by: Senators Jensen (Phil), Greenfield (Brock), Haggar (Jenna), Holien, Lederman, Monroe, Olson, and Rampelberg and Representatives Haggar (Don), Anderson, Brunner, Campbell, Craig, DiSanto, Feickert, Greenfield (Lana), Haugaard, Hawley, Hickey, Kaiser, Klumb, Langer, Latterell, Marty, May, McCleerey, Partridge, Qualm, Rasmussen, Rounds, Russell, Schoenfish, Soli, Stalzer, Tulson, Verchio, Werner, Wiik, and Zikmund Josh Hall 367-7816 An Act to require students to take a civics test to demonstrate knowledge of United States history and government. Impact: This bill would require all students to take and pass with a minimum score of 70% a 100 question civics test. This same test is currently used by United States Citizenship and Immigration Services as part of gaining naturalized citizenship in the United States. The proposed bill states that this test could be taken any time after the start of 7th grade and a passing score of 70% would become a graduation requirement.

Position: The District opposes this bill. This bill is unnecessary. The Sioux Falls School District aligns its curriculum to the South Dakota State Standards. Those standards already cover this content.

Senate Bill 176 Introduced by: Senator Rave and Representative Sly Josh Hall 367-7816 An Act to provide for the development of online resources and a rubric of textbook analysis for use in school districts, and to make an appropriation therefor. enhance the data systems in the Secretary of State’s Office, to make an appropriation therefor, and to declare an emergency. Impact: This bill provides a system for evaluating textbooks at the state level. has been hoghoused and is no longer about education.

Position: The District takes no position on this bill. This could be another resource for the District to consider when texts are evaluated locally during curriculum reviews.

Senate Bill 183 Introduced by: Senators Frerichs, Heinert, Peterson (Jim), and Sutton and Representatives Feickert, Bolin, Kirschman, Werner, and Zikmund Todd Vik 367-7909 An Act to revise the voting requirements regarding the issuance of bonds by public bodies and capital outlay certificates by school districts. Impact: This bill revises the requirement for school districts passing a bond election from a 60 percent super majority to 55 percent.

Position: The District supports this bill. The requirement to pass a bond should be a simple majority as majority rule of the electorate is the usual standard in the state, even for constitutional amendments. This bill moves the requirement closer to a simple majority.

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Senate Bill 188 Introduced by: Senators Jensen (Phil), Curd, Greenfield (Brock), Haggar (Jenna), Holien, Lederman, Olson, and Omdahl and Representatives Greenfield (Lana), Anderson, Bolin, Brunner, Campbell, Craig, DiSanto, Haggar (Don), Harrison, Heinemann (Leslie), Kaiser, Latterell, Marty, May, Qualm, Rasmussen, Russell, Schoenfish, Stalzer, Verchio, Wiik, and Zikmund Todd Vik 367-7909 An Act to require the Department of Education to use a competitive bidding process when acquiring academic assessments. Impact: This bill would require the Department of Education to use competitive bids when acquiring academic assessments.

Position: The District takes no position on this bill.

Senate Bill 189 Introduced by: Senators Heineman (Phyllis), Brown, Curd, Haggar (Jenna), Holien, Hunhoff (Bernie), Jensen (Phil), Lederman, Monroe, Novstrup (David), Olson, Omdahl, Otten (Ernie), Peterson (Jim), Rampelberg, Rave, and Van Gerpen and Representatives Gosch, Beal, Brunner, Campbell, Craig, Cronin, DiSanto, Haggar (Don), Heinemann (Leslie), Hunt, Kirschman, Klumb, Latterell, Novstrup (Al), Qualm, Rasmussen, Schoenbeck, Stalzer, and Zikmund Todd Vik 367-7909 An Act to provide a tax credit to insurance companies that contribute to an organization providing educational scholarships to certain students and instructional supply grants to certain teachers and parents. Impact: This bill allows insurance companies to donate funds for scholarships to K-12 private schools, 90% of which are deductible from taxes owed to the state, up to a total of $4 million in tax credits per year. To qualify for the scholarship, students must be within 150% of the requirement for free or reduced lunch (approximately $66,000 per year for a family of 4).

Position: The District opposes this bill. This bill is a back door attempt to provide up to $4 million in tax funds to private schools. The bill does not require participating schools to accept all comers or keep all students once enrolled, as public school must (unless expelled). There is nothing in this bill that prevents schools from dismissing scholarshipped students who present discipline problems, do not do their homework, or qualify for special education services. If private schools desire to receive public school dollars to educate children, they should have to follow the exact same rules that public schools must follow. If the Legislature has an additional $4 million to spend on K-12 education, it should add it to the chronically underfunded state aid formula.

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Senate Bill 191 Introduced by: The Committee on State Affairs at the request of the Office of the Governor Todd Vik 367-7909 An Act to revise certain provisions regarding capital outlay certificates and lease purchase agreements of school districts and the pledge of state aid to education funds to secure such obligations. Impact: This bill would allow schools to utilize the South Dakota Health and Education Facilities Authorities to issue capital outlay certificates. The bill states that if a district defaults, the state can withhold state aid.

Position: The District supports this bill. The bill gives schools options they currently do not have to increase the bond rating (to AA) of their capital outlay certificates.

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