Positions are updated as POSITIONS ON 2017 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 – , Michael Clark, School Board District 10 – Jenna Netherton, , Passed both District 11 – , , houses District 12 – , , Greg Jamison District 13 – , Sue Lucas-Peterson, G. Mark Mickelson Dead

District 14 – , Tom Holmes, Key Bills District 15 – , , Karen L. Soli

House Bill 1016 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System Todd Vik 367-7909 An Act to revise the methodology for calculating the cost of living adjustment for South Dakota Retirement System benefits, to revise reporting conditions, and to provide uniform terminology. Impact: This bill is part of the Retirement System’s package of bills to tighten future benefits in an effort to ensure that the system has been fully funded. Since 2002, the Retirement System has increased contributions from members and employers by 20 percent while decreasing benefits by over nine percent (9%). Additionally, the System recently created a new class of members where the defined benefit portion of the system is combined with a defined contribution aspect. The changes proposed by House Bill 1016, House Bill 1017 and House Bill 1018 set up additional rules to further eliminate benefits for the defined benefit program. Position: The District takes no position on this bill.

House Bill 1017 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System Todd Vik 367-7909 An Act to revise the definition of compensation for purposes of the South Dakota Retirement System, to provide a penalty for falsely reporting compensation, and to update references to the Internal Revenue Code. Impact: This bill is part of the Retirement System’s package of bills to tighten future benefits in an effort to ensure that the system has been fully funded. Since 2002, the Retirement System has increased contributions from members and employers by 20 percent while decreasing benefits by over 9 percent. Additionally, the System recently created a new class of members where the defined benefit portion of the system is combined with a defined contribution aspect. The changes proposed by House Bill 1016, House Bill 1017 and House Bill 1018 set up additional rules to further eliminate benefits for the defined benefit program. Position: The District takes no position on this bill.

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House Bill 1018 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System Todd Vik 367-7909 An Act to revise the computation of final average compensation for benefits relating to the South Dakota Retirement System. Impact: This bill is part of the Retirement System’s package of bills to tighten future benefits in an effort to ensure that the system has been fully funded. Since 2002, the Retirement System has increased contributions from members and employers by 20 percent while decreasing benefits by over 9 percent. Additionally, the System recently created a new class of members where the defined benefit portion of the system is combined with a defined contribution aspect. The changes proposed by House Bill 1016, House Bill 1017 and House Bill 1018 set up additional rules to further eliminate benefits for the defined benefit program. Position: The District takes no position on this bill.

House Bill 1021 Introduced by: The Committee on Education at the request of the Department of Education Deb Muilenburg-Wilson 367-7956 An Act to revise certain provisions regarding the education provided for children in certain residential treatment centers. Impact: This bill revises the current payment process for students placed by their parent/s in a psychiatric residential treatment or intensive residential treatment facility. Instead of the District paying the formula-driven portion of the funding, tuition will be paid from the S.D. Department of Education to the school district providing an educational program at the facility. Position: The District supports this bill. This bill takes the District out of the middle of partial payment and tracking process for parent/s placed students.

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House Bill 1022 Introduced by: The Committee on Education at the request of the Department of Education Deb Muilenburg-Wilson 367-7956 An Act to revise and repeal certain provisions relating to education service agencies. Impact: This bill removes/repeals “education service agency and nonprofit education service agency” throughout multiple sections of SDCL. Position: The District takes no position on this bill. On the S.D. DOE website, under 2017 Legislature is a report titled “2016 ESA Coop Study”. A review of this document has a letter on 4-1-16 from Joint Appropriations Committee leadership directing the DOE to undertake a review of the educational cooperatives (co-ops) and educational service agencies (ESA’s) and their role in providing efficiencies and services for public school districts. On 12-2-16, Dr. Schopp responds to the two Joint Appropriations Committee leaders with a multiple page report with detailed appendices. In the report, they summarize that the ESA model has largely been abandoned following the cessation of regular funding. They report that ESA statutes are generally unnecessary to grant cooperatives the authority to contract with the state to provide educational services. The study recommended revision or elimination of the ESA Statutory Framework.

House Bill 1052 Introduced by: Representatives Haggar, DiSanto, Latterell, and Rhoden and Senators Curd, Ewing, Langer, Netherton, and Novstrup Kate Bartell Nowak 367-4670

An Act to provide certain protections for public employees who report violations of law. Impact: This bill prohibits public employers from retaliating against an employee who makes a report to an appropriate authority a violation or abuse of a law or rule. Position: The District takes no position on this bill. The Sioux Falls School District has anti-retaliation provisions throughout its policies.

House Bill 1109 Introduced by: Representatives Tieszen, Lesmeister, Lust, Mickelson, Reed, Rozum, and Tulson and Senators Wiik, Bolin, Frerichs, Monroe, Otten (Ernie), Peters, and Tidemann Melissa Braak 367-7901 An Act to create provisions for prohibiting the use of handheld electronic wireless communications devices by school bus drivers. Impact: This bill prohibits school bus drivers from using a handheld electronic wireless communications device while operating a school bus. Position: The District supports this bill.

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House Bill 1110 Introduced by: Representatives Tieszen, Lust, Mickelson, Reed, Rounds, Rozum, and Tulson and Senators Wiik, Bolin, Otten (Ernie), Peters, and Tidemann Melissa Braak 367-7901 An Act to revise certain provisions regarding school bus stop violations. Impact: This bill revises the provisions regarding school bus stop violations. Position: The District supports this bill.

House Bill 1111 Introduced by: Representatives Schoenfish, Brunner, DiSanto, Kaiser, Livermont, Marty, May, Pischke, and Ring and Senators Nelson, Heinert, Jensen (Phil), Killer, Monroe, and Russell Todd Vik 367-7909 An Act to revise the definition of fall enrollment for purposes of education funding. Impact: This bill reinstates the declining enrollment factor in the state aid formula that was removed last year to pay for the increase in the small school factor from 20% to 25%. Position: The District would amend this bill. This bill should be amended to reduce the small school factor back to 20% in order to pay for the change proposed in this bill.

House Bill 1120 Introduced by: Representatives Ahlers, Bartling, DiSanto, McCleerey, Pischke, and Wismer and Senators Frerichs, Curd, Heinert, Kennedy, Maher, and Sutton Kate Bartell Nowak 367-4670 An Act to create protections and accommodations for pregnant and breastfeeding mothers in their places of employment. Impact: This bill requires employers with 50+ employees to make reasonable accommodations related to pregnancy, childbirth or related conditions and includes a list of specific reasonable accommodations. Does not require an employer to create additional employment as an accommodation. Prohibits an employer from taking an adverse action against an employee who requests or uses a reasonable accommodation. Defines reasonable accommodation Position: The District takes no position on this bill. The District prohibits discrimination based on gender (including pregnancy) in its policies and employment practices. Further, the District already makes reasonable modifications and accommodations unless such modifications would create an undue burden or hardship (SFSD Policy AC). It is unnecessary to include a list of specific reasonable accommodations within the law, because accommodations are based on an individual interactive process. If the list is included in the law, it should be amended to reflect the individual process: The term, reasonable accommodations, may include more frequent or longer breaks.

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House Bill 1121 Introduced by: Representatives Mickelson, Brunner, Haggar, Jamison, Jensen (Kevin), Lust, May, Otten (Herman), Rasmussen, Reed, Rozum, Steinhauer, and Tulson and Senators Peters, Curd, Greenfield (Brock), Haverly, Klumb, Langer, Maher, Wiik, and Youngberg Becky Dorman 367-7944 An Act to revise certain provisions regarding collective bargaining for teachers. Impact: The proposed bill mandates shall be a separate collective bargaining unit and negotiations for kindergarten through grade twelve teachers and for postsecondary technical institute instructors. Position: The District takes no position on this bill. The Sioux Falls School District has separate agreements for K-12 teachers and Southeast Tech teachers. (Withdrawn by the Prime Sponsor)

House Bill 1122 Introduced by: Representatives Peterson (Sue), Brunner, Dennert, Haggar, Howard, and Jamison and Senators Klumb, Cronin, Jensen (Phil), Monroe, and Stalzer James Nold 367-5384 An Act to clarify certain provisions regarding the process to be excused from public school attendance. Impact: The proposed bill is a brief language change on the process of home schooling. The request is now a notification and not an application. Position: The District takes no position on this bill.

House Bill 1123 Introduced by: Representatives Peterson (Sue), Brunner, Dennert, Jamison, and Rasmussen and Senators Monroe, Cronin, Jensen (Phil), and Stalzer Mark Meile 367-7960 An Act to revise certain provisions regarding the participation of home school students in certain interscholastic activities. Impact: This bill sets limits on a school district's decision-making regarding home school students participating in Interscholastic Activities. Position: The District opposes this bill. A district would not be able to require that home school students maintain a passing grade in the course they enroll in. By mandating that home school students can be required to enroll in no more than one course and removing the one year exclusion when a student/family chooses to home school, the bill sets up a loophole that would allow students who are failing courses to declare they are home schooling and continue to participate in interscholastic activities.

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House Bill 1125 Introduced by: Representatives Otten (Herman), Ahlers, Anderson, Bartling, Duvall, Johns, Lesmeister, Lust, McCleerey, Ring, Schoenfish, Soli, Tieszen, and Tulson and Senators Tidemann, Cronin, Frerichs, Haverly, Heinert, Killer, Peters, Sutton, White, and Youngberg Todd Vik 367-7909 An Act to make accessible to the public certain information relating to the partners in education tax credit program. Impact: This bill requires most information related to the private school tuition program established by the 2016 Legislature to be submitted to the State and this information will become a public record. Personally identifiable information regarding scholarship recipients remains private. Position: The District supports this bill. If public money is going to be used for educating students in private schools, pertinent information regarding the program should be available to the public. This information is no different than the type of information that public schools must make available to the general public in their minutes and upon request

House Bill 1133 Introduced by: Representatives DiSanto, Ahlers, Brunner, Campbell, Clark, Frye-Mueller, Goodwin, Greenfield (Lana), Haggar, Haugaard, Heinemann, Holmes, Howard, Kaiser, Marty, May, McCleerey, McPherson, Pischke, Qualm, Rasmussen, Reed, Soli, and Wismer and Senators Russell, Greenfield (Brock), Jensen (Phil), Langer, Nelson, Stalzer, and Wiik Deb Muilenburg-Wilson 367-7956 An Act to require each school district to adopt a plan to provide for students with specific learning disabilities. Impact: This bill requires each school district to adopt a plan to provide for students with specific learning disabilities. Position: The District takes no position on this bill. The South Dakota Department of Education (DOE) has had a Dyslexia Workgroup meeting since June 2016. The DOE has a Proposed SD 5-Year State Plan to Support Struggling Readers including Students with Dyslexia. This would include students with a specific learning disability. The Sioux Falls School District supports moving forward with the DOE 5-Year Plan. South Dakota Administrative Rule 24:05:21:01 requires the Local Education Agency to have a comprehensive plan within special education.

House Bill 1137 Introduced by: Representative Peterson (Kent) and Senator Maher Todd Vik 367-7909 An Act to accommodate legislation relating to education in South Dakota. Impact: This bill is a place holder for legislation relating to education. Position: The District takes no position on this bill at this time. (Withdrawn at the request of the Prime Sponsor)

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House Bill 1158 Introduced by: Representatives Bartling, Hawley, Lesmeister, McCleerey, Qualm, Ring, and Wismer and Senators Sutton, Frerichs, Heinert, Kennedy, Killer, and Nesiba Todd Vik 367-7909

An Act to revise the definition of fall enrollment for the purpose of calculating state aid to education payments to school districts. Impact: This bill reinstates the declining enrollment factor in the state aid formula that was removed last year to pay for the increase in the small school factor from 20% to 25%.

Position: The District would amend this bill. This bill should be amended to reduce the small school factor back to 20% in order to pay for the change proposed in his bill.

House Bill 1161 Introduced by: Representatives Schoenfish, Holmes, Lesmeister, Rasmussen, and Tulson and Senators Youngberg and Jensen (Phil) Todd Vik 367-7909

An Act to repeal the requirement for certain township, municipal, and school district fiscal reports to be submitted to county auditors. Impact: The bill repeals the requirement for township, municipal, and school district fiscal reports regarding debt to be submitted to county auditors

Position: The District supports this bill.

House Bill 1165 Introduced by: Representatives Jamison, Ahlers, Reed, Ring, Smith, and Wismer and Senators Peters, Bolin, Langer, and Stalzer Todd Vik 367-7909

An Act to provide for annually updated financial interest statements for any person elected to federal, statewide, or local office. Impact: The proposed bill, as related to school districts, requires any school board candidate to file a statement of financial interest not more than 15 days after filing the candidates nominating petitions and an updated statement of financial interest after assuming office. Currently, this only applies to school district with more than 2,000 students. Further, the bill creates a new requirement for board members to file an annual statement of financial interest not later than January 1st of every year the person continues to hold office.

Position: The District takes no position on this bill.

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House Bill 1166 Introduced by: Representatives Jamison, Ahlers, Beal, Goodwin, Greenfield (Lana), Haggar, Kettwig, Latterell, Marty, Otten (Herman), Peterson (Sue), Reed, Schoenfish, Smith, Tulson, Willadsen, and Wismer and Senators Langer, Bolin, and Stalzer Kate Nowak Bartell 367-4670

An Act to revise certain provisions regarding open records. Impact: The proposed bill prevents the terms of any settlement of any civil or criminal proceeding between a school district, or other public entity, and any other party from being made confidential without a court order declaring the settlement to be confidential.

Position: The District opposes this bill. Confidentiality of the agreement is a key component to settlement through various alternative dispute resolution processes. Without this component, alternative dispute resolution options will become less appealing to parties involved in a dispute, requiring all to expend more resources to take the dispute to court.

House Bill 1170 Introduced by: Representatives Mickelson, Haggar, Holmes, Johns, Lust, Peterson (Kent), Qualm, Rhoden, Ring, Schoenfish, Stevens, Tieszen, and Tulson and Senators Curd, Bolin, Cronin, Frerichs, Greenfield (Brock), Maher, Monroe, Otten (Ernie), Peters, Rusch, and Sutton Kate Nowak Bartell 367-4670

An Act to revise certain provisions regarding conflicts of interest for authority, board, or commission members.

Impact: The proposed bill amends the contractual conflict of interest laws passed last legislative session. Some of the changes, as they relate to school districts include: 1) better defines to whom the laws apply; 2) excludes contracts under $5,000 from reporting requirements; 3) attempts to clarify when a person “is in direct benefit of a contract” and when the person “has an interest” in the contract. 4) expands upon when a person does not have either a direct benefit or interest in a contract; 5) creates different reporting procedures for “direct benefit” v. “interest’; 6) adds that a person making a good faith disclosure will not be convicted of a crime under these laws

Position: The District would amend this bill. Although the District supports the clarification and simplification attempted through this bill, the District opposes the laws in Chapter 3-23. School board members and officials are held to conflict of interest requirements in other areas of the law and are capable of managing contractual conflicts of interest at the Board level.

The District would propose further amendments, as related to School Districts:  Limit the application of the law to Board Members and Executive Administrators  Limit the related persons included in the disclosure requirements  Clarify when a person is required to make a disclosure based on his/her, or a related persons, employment with a party to a contract.

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 Eliminate the requirement to report disclosures to the auditor-general and attorney general, as if the requests are both public records and the governing action is documented in official minutes, it seems unnecessary to also file this information with both the auditor-general and attorney general.  Clarify that page 13, section 14, line 6, is intended to read board member, instead of member.

House Bill 1196 (Hoghoused) Introduced by: Representative Wismer and Senator Greenfield (Brock) Kate Bartell Nowak 367-4670 An Act to lower the compulsory attendance age for school attendance. prohibit the unauthorized use of electronic listening or recording devices in classrooms.

Impact: The proposed bill is attempting to move the compulsory attendance age from 18 to 16. The proposed bill would prevent the use of any listening or recording device in any classroom without the prior consent of the teacher and the principal. Offending students would be subject to school discipline, non-student offenders would be guilty of a Class 2 misdemeanor.

Position: The District opposes this bill. If schools are held accountable for high school students once they start, then they need to stay in school. If students are allowed to drop out, then the accountability rules need to change that do not hold the school accountable for that student in the cohort. If this bill becomes law, it will make it near impossible for schools to hold those at-risk students to graduation. Students will be able to walk away at age 16. The District supports this bill because it assists schools in maintaining student privacy rights in the classroom.

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Senate Bill 7 Introduced by: Senators Cammack, Frerichs, and Tidemann and Representatives Qualm, Bartling, Duvall, and Rhoden at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force Todd Vik 367-7909

An Act to revise the criteria for determining if property is classified as agricultural land for property tax purposes. Impact: This bill is attempting to revise the criteria for determining if property is classified as agricultural land for property tax purposes. Position: The District takes no position on this bill.

Senate Bill 27 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General Kate Bartell Nowak 367-4670

An Act to prohibit certain direct conflicts of interest by public officials and to provide a penalty therefor. Impact: This bill prohibits certain direct conflicts of interest by public officials and provides a penalty. Public officials includes board members, officers, fiscal agents, and employees (among others). The public official may only use the powers and resources of public office to advance the public interest and not to obtain any personal benefit or pursue any private interest. Any public official who knowingly misappropriates funds in violation of the public trust that results in a direct financial benefit to the public official is guilty of theft. If an employee reports such violation, and believes there is retaliation for such report, the employee may file a grievance. Position: The District opposes this bill. School board members, school officials, officers, fiscal agents, and employees, are already subject to various conflict of interest provisions, including: SDCL CH 3-23, 6-1-1, 6-1-2, 6-1-17, 13-20-2.1, 13-7-3, and 13-7-3. In addition, the SFSD, like other public employers, has its own conflict of interest policy. These laws and internal policies sufficiently address conflicts of interest, including personal benefit and private interest.

Senate Bill 30 Introduced by: The Committee on Education at the request of the Department of Education Ann Smith 367-7816

An Act to revise certain provisions regarding high school equivalency testing. Impact: This bill updates language. The GED Test is no longer the only high school equivalency test and general education development may imply that the GED is the program that must be followed. There are currently three nationally recognized certificates: the GED Certificate from GED Testing Service, the HiSET Program from Educational Testing Service, and the Test Assessing Secondary Completion from McGraw Hill. Position: The District supports this bill.

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Senate Bill 33 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 state aid to special education formula. Impact: This bill amends the Special Education formula to increase the per student amount by 1 percent (1.0%) and set the new Special Education qualifying and maximum levies per the Cutler/Gabriel amendment. Position: The District supports this bill.

Senate Bill 35 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 state aid to general education formula. Impact: This bill amends the General Education formula to increase the target teach salary amount by 1 percent (1.0%) and set the new General Education maximum levies per the Cutler/Gabriel amendment. The bill also increases the overhead factor by 0.08 percent (0.08%) in the first year of the five-year phase-in to equalize other revenue. Position: The District supports this bill.

Senate Bill 55 Introduced by: Senators Monroe, Ewing, Jensen (Phil), Nelson, Stalzer, and Wiik and Representatives Campbell, Frye-Mueller, Goodwin, Heinemann, and Howard Ann Smith 367-7816

An Act to protect the teaching of certain scientific information. Impact: This bill appears to allow teachers to teach multiple perspectives on scientific topics that have become controversial, e.g. climate change, human evolution, etc. Position: The District opposes this bill. The Sioux Falls School District policy already supports teachers addressing controversial topics in an objective atmosphere.

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Senate Bill 82 Introduced by: Senators Peters, Maher, and Tidemann and Representatives Hunhoff, Tieszen, and Willadsen James Nold 367-5384

An Act to revise certain provisions regarding the review of juvenile corrections. Impact: The proposed bill is mandating an independent oversight official be hired and on site at state correctional facilities to ensure the juveniles that are at state placements are not abused. Position: The District takes no position on this bill.

Senate Bill 85 Introduced by: Senators Bolin, Monroe, Nelson, Netherton, Stalzer, and Wiik and Representatives May, Jensen (Kevin), Latterell, Marty, Peterson (Sue), and Rasmussen Ann Smith 367-7816

An Act to provide for the exemption of certain students from the requirement to take certain academic assessment tests. Impact: The proposed bill provides a procedure for parents to remove their children from mandatory state testing Position: The District opposes this bill. In order for accountability measures to accurately reflect the quality of education a public school provides, it is essential that all students complete the tests. In addition, assessment results are used to guide instruction and curriculum decisions to maximize student learning. Allowing some students to opt out of testing will skew results.

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Senate Bill 89 Introduced by: Senators Nelson, Greenfield (Brock), Jensen (Phil), Monroe, Russell, and Stalzer and Representatives Goodwin, Brunner, Dennert, DiSanto, Kaiser, Lesmeister, Marty, and May Kate Bartell Nowak 367-4670

An Act to provide certain provisions regarding liability against public entities that prohibit firearms on their premises. Impact: The proposed bill would make any public entity that prohibits firearms on the entity's premises liable for civil damages resulting from any injury occurring from a crime of violence against a person who is unable to carry a firearm because of the firearm prohibition. Position: The District opposes this bill. The proposed bill is unmanageable and inequitable for public schools, as carrying a firearm on school property is against the law. “Any person, other than a law enforcement officer or school sentinel acting pursuant to §13-64-1, who intentionally carries, has in his possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor.” SDCL §13-32-7.

Senate Bill 92 Introduced by: Senators Nelson, Greenfield (Brock), Jensen (Phil), Killer, Monroe, Russell, and Stalzer and Representatives Peterson (Kent), Brunner, Dennert, DiSanto, Kaiser, Livermont, Marty, May, Pischke, Ring, and Schoenfish Todd Vik 367-7909 An Act to extend the date a school district is required to bring reserve funds down to a certain percentage. Impact: This bill extends the date, by two years, that a school district is required to bring reserve funds down to a certain percentage. Position: The District takes no position on this bill.

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Senate Bill 96 Introduced by: Senators Nesiba, Frerichs, Heinert, Kennedy, Killer, and Sutton and Representatives Ahlers, Bartling, Hawley, Lesmeister, McCleerey, Ring, Smith, Soli, and Wismer Becky Dorman 367-7944 An Act to require a minimum amount of paid sick leave for employees. Impact: This bill is requiring employers to grant sick leave benefits to employees who work continuously for 90 days. Position: The District opposes this bill. The Sioux Falls School District collective bargaining agreements and riders provide sick leave benefits for employees. This bill does not exclude substitute staff, part- time/temporary staff, work study or student workers. As a result, the school district would have to use additional resources for timekeeping expenditures.

Senate Bill 108 Introduced by: Senator Maher and Representative Peterson (Kent) Todd Vik 367-7909 An Act to accommodate legislation relating to education in South Dakota. Impact: This bill is a placeholder for a bill concerning education. Position: The District takes no position on this bill at this time.

Senate Bill 110 Introduced by: Senators Sutton, Frerichs, Heinert, Kennedy, Killer, and Nesiba and Representatives Bartling, Ahlers, Lesmeister, McCleerey, Ring, Smith, and Wismer Todd Vik 367-7909 An Act to establish a tuition reimbursement program for certain teachers who teach in rural school districts. Impact: The proposed bill establishes a tuition reimbursement program for certain teachers who teach in rural school districts. Position: The District opposes this bill. This bill is another form of the small school factor, which was already increased last year from 20% to 25%, which is a 25% increase in the cost of small school funding.

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Senate Bill 112 Introduced by: Senators Sutton, Curd, Greenfield (Brock), Heinert, Langer, and Maher and Representatives Bartling, Ahlers, Marty, Rhoden, and Schoenfish Todd Vik 367-7909 An Act to provide for the referral of a school board's decision to change the number of school days in a school week. Impact: The proposed bill allows the school board to self-refer a decision to change the number of school days in a school week. Position: The District takes no position on this bill.

Senate Bill 115 Introduced by: Senator Russell and Representative Brunner Kate Bartell Nowak 367-4670 An Act to ensure student privacy in public school locker rooms, shower rooms, and changing facilities by restricting certain access. Impact: This bill restricts the use of public school shower rooms, locker rooms, and changing rooms that are accessible by multiple persons at the same time to persons of the same biological sex, as listed on birth certificate. Exceptions are granted to provide custodial/maintenance services when empty, to render medical assistance, or to prevent serious threat to safety during emergency/natural disaster. Does not prevent public schools from providing single occupancy accommodations for individuals, based on special circumstances. Position: The District takes no position on this bill. (This bill was withdrawn by the sponsor.)

Senate Bill 126 Introduced by: Senators Jensen (Phil), Greenfield (Brock), Kolbeck, Langer, Maher, Monroe, Nelson, Netherton, Novstrup, Otten (Ernie), Russell, Stalzer, Tapio, Wiik, and Youngberg and Representatives May, Beal, Brunner, Campbell, Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Haggar, Haugaard, Jamison, Jensen (Kevin), Kaiser, Karr, Latterell, Livermont, Marty, Pischke, Qualm, Rhoden, Schaefer, and Steinhauer Ann Smith 367-7816 An Act to require the Department of Education to use a competitive bidding process when acquiring academic assessments. Impact: The bill requires the Department of Education to use a competitive bidding process when acquiring assessments such as the Smarter Balance.

Position: The District opposes this bill. The bill could result in more frequent changing of assessments if it must go up for bid whenever the contract expires. Having consistent data is essential for accurately tracking student performance as well as for using test information to determine instructional effectiveness.

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Senate Bill 132 Introduced by: Senators Frerichs, Heinert, and Sutton and Representatives Bartling, Kaiser, and May Ann Smith 367-7816

An Act to revise the eligibility requirements for the opportunity scholarship program. Impact: The proposed bill expands eligibility for the SD Opportunities Scholarship to students who earn a 23 or 23 on the ACT if they agree to stay in South Dakota for five years after graduating college; students who earn a 24 or higher do not have the requirement to stay in South Dakota upon graduation.

Position: The District takes no position on this bill.

Senate Bill 134 Introduced by: Senator Russell and Representative Campbell Kate Bartell Nowak 367-4670

An Act to prohibit the expenditure of certain public school resources for political purposes and to provide a penalty therefor. Impact: This bill prohibits the use of any public school resources, including personnel time, supplies, communication systems, or facilities to affect the outcome of any political vote. Imposes a $250 civil penalty for a personal violation and also allows a fine to be levied against the LEA for each violation. Allows a taxpayer to bring action to recover misused funds.

Position: The District opposes this bill. SDCL 12-27-20 sufficiently prohibits public entities from expending public funds for the purpose of influencing an election. 12-27-20 allows governing bodies to present factual information for the purpose of educating voters on a ballot question. Further, 12-27-20 applies only to influencing “the nomination or election of any candidate, or for the petitioning of a ballot question on the ballot or the adoption or defeat of any ballot question.”

This proposed bill goes beyond the requirements of 12-27-20. It is unclear why public schools, and school personnel, are singled out from other government entities. This bill seems to prohibit schools from presenting factual information with the purpose of educating voters- an important function of a public school system. Further, this bill applies to affecting “the outcome of any political vote.” The term “political vote” seems to go beyond the candidate elections and ballot initiatives addressed in 12-27-20, and could be interpreted to include a legislative vote. The SFSD Board has a key responsibility to inform the public and elected officials of the impact proposed legislation has on public schools (see current document).

Finally, it is unclear as to why public schools are singled out for civil penalty. The Sioux Falls School District has a policy matching the requirements of 12-27-20. If a staff member were to violate that policy, the action would be remedied and employee discipline would be considered. Imposing a civil fine is excessive for the individual, and the District should not be penalized if it is unaware of an employee’s action prohibited by law and policy.

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Senate Bill 140 Introduced by: Senators Tidemann, Cronin, Curd, Frerichs, Greenfield (Brock), Haverly, Heinert, Monroe, Nesiba, Peters, Soholt, and Solano and Representatives Hunhoff, Bartling, Glanzer, Haggar, Hawley, Holmes, Lust, Rozum, Schoenfish, and Tieszen Molly Satter 367-7933

An Act to require schools to provide instruction in hands-only cardiopulmonary resuscitation. Impact: The proposed bill would require that beginning in the 2017-2018 school year, Grade 7 – 12 students must receive instruction in cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator as a requirement for graduation from high school. Schools must use a program developed by the American Heart Association or the American Red Cross or a nationally recognized, evidence-based program.

Position: The District opposes this bill. High school students do not need more requirements for graduation; finding certified, qualified instructors would be a concern; the cost of the equipment and teaching materials available in all schools is prohibitive.

Senate Bill 150 Introduced by: Senators Nesiba, Frerichs, Heinert, and Sutton and Representatives Bartling, Ahlers, Hawley, Lesmeister, McCleerey, Ring, Smith, and Wismer Becky Dorman 367-7944

An Act to establish certain provisions regarding paid maternity leave. Impact: The proposed bill provides employer-paid maternity leave and adoptive parent leave to employees for up to four weeks.

Position: The District opposes this bill. The District’s collective bargaining agreement benefits are greater for maternity leave, but reduced for adoptive parent leave.

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Senate Bill 155 Introduced by: Senators Sutton, Frerichs, Heinert, Kennedy, and Nesiba and Representatives Bartling, Ahlers, Bordeaux, Hawley, Lesmeister, McCleerey, Ring, Smith, Soli, and Wismer Deb Muilenburg-Wilson 367-7956

An Act to establish an early childhood education pilot program and to make an appropriation therefor. Impact: The proposed bill would establish an early childhood education pilot program and makes an appropriation for it.

Position: The District supports this bill but would amend it. The Sioux Falls School District would offer an amendment to the bill allotment of $2,500 for each eligible student to read, “determine a cost per eligible student upon outlining the pilot requirements/guidelines and analyzing the impact of the requirements/guidelines in relation to cost.

The Sioux Falls School District supports early childhood programing for children with targeted risk factors and serves approximately 1,100, three- and four-year olds through blended financial streams (i.e. Head Start, Title 1, Migrant, Special Education and SEUW private funding). The Sioux Falls School District participated in the pre-kindergarten pilot in South Dakota during the 2007-2008 through 2009-2010 school years and is supportive of providing early education and intervention services to targeted at-risk populations. The University of South Dakota researched outcomes during the pre-kindergarten pilot and documented the developmental growth of children and teachers. The cost per student in the bill is identified as $2,500 per student for each eligible individual which would need to be analyzed based on the guidelines/requirements the pilot program requires.

Senate Bill 156 Introduced by: Senators Sutton, Frerichs, Heinert, Kennedy, and Nesiba and Representatives Hawley, Ahlers, Bartling, Bordeaux, Lesmeister, McCleerey, Ring, Smith, Soli, and Wismer Deb Muilenburg-Wilson 367-7956

An Act to establish the South Dakota Early Learning Advisory Council. Impact: The proposed bill would establish the South Dakota Early Learning Advisory Council.

Position: The District supports this bill.

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Senate Bill 159 Introduced by: Senators Heinert, Frerichs, Greenfield (Brock), Killer, Langer, Maher, and Solano and Representatives Bordeaux, Bartling, Hawley, Lesmeister, Schoenfish, and Smith Todd Vik 367-7909

An Act to provide for the continuation of the paraprofessional tuition assistance scholarship program and to make an appropriation therefor. Impact: The proposed bill is a continuation of the paraprofessional tuition assistance scholarship program.

Position: The District takes no position on this bill.

Senate Bill 177 Introduced by: The Committee on State Affairs Ann Smith 367-7816

An Act to revise certain provisions regarding the participation of home school students in certain interscholastic activities. Impact: The proposed bill sets limits on a school district's decision-making regarding home school students participating in interscholastic activities.

Position: The District opposes this bill. The courts have consistently upheld that activities are a privilege, not a right. There should be an equitable application of the rules that govern how students earn the privilege of participating in interscholastic activities. Besides enrollment, those rules cover things such as age, academic achievement, attendance, behavior, and transfer between districts. For instance, public schools establish grading criteria and attendance requirements that home school students are not held accountable to, this bill results in two sets of rules governing participation in interscholastic activities.

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