Positions are updated as POSITIONS ON 2016 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, , Steven Haugaard Passed both District 11 – David M Omdahl, , houses District 12 – , , Alex Jensen District 13 – , Steve Westra, G. Mark Mickelson Dead

District 14 – , Tom Holmes, Key Bills District 15 – Angie Buhl O’Donnell, Karen L. Soli,

House Bill 1008 Introduced by: Representatives Deutsch, Craig, Novstrup (Al), Partridge, Russell, Schoenbeck, Verchio, and Zikmund and Senators Greenfield (Brock), Haverly, Holien, Olson, and Otten (Ernie) Kate Bartell Nowak 367-4670

An Act to restrict access to certain restrooms and locker rooms in public schools. Impact: This bill restricts access for transgender students to shared restrooms and locker rooms in public schools. It also provides that the attorney general will defend all lawsuits that arise from this act. Position: The District takes no position on this bill.

House Bill 1013 Introduced by: The Committee on Education at the request of the Department of Education Josh Hall 367-7816

An Act to revise certain provisions regarding alternative instruction achievement tests for children excused from school attendance. Impact: This bill revises provision regarding alternative instruction achievement for children excused from school attendance. Position: The District takes no position on this bill as it is “clean up language”.

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

An Act to revise the state aid to special education formula. Impact: This bill adjusts the Special Education State Aid per student allocations based on three-year averages. The law provides for this adjustment every three years. Position: The District supports this bill.

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House Bill 1044 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 is the annual Cutler-Gabriel adjustment for the general state aid maximum levies. Position: The District supports this bill.

House Bill 1061 Introduced by: Representatives Deutsch, Gibson, Greenfield (Lana), Holmes, Johns, Langer, Munsterman, Sly, Steinhauer, and Wollmann and Senators Peters, Curd, Haverly, and Tidemann Celeste Uthe-Burow 367-5384

An Act to provide a tuition benefit to certain teachers who enroll in courses under the management and control of the Board of Regents that are not subsidized by the general fund. Impact: Teachers are often required to complete certification or recertification in order to teach specific courses and grade levels in our schools. Taking extra coursework requires the teachers to pay for credits at the Colleges or Universities where they attend school to complete requirements. The State of and the Board or Regents currently provides educators a benefit of fifty percent of the tuition to be paid to the institution by the Board of Regents. This legislation adds distance education courses to the current benefit allowing educators to complete coursework online. Position: The District supports this bill since it includes the reimbursement of tuition for distance education courses. This allows staff members to complete course requirements online.

House Bill 1066 Introduced by: Representatives Schoenbeck, DiSanto, Greenfield (Lana), Johns, and Zikmund and Senators Hunhoff (Bernie), Bradford, Buhl O'Donnell, Frerichs, Greenfield (Brock), Novstrup (David), Olson, Parsley, and Tieszen Todd Vik 367-7909

An Act to revise certain provisions regarding the public notice for a meeting of a public body. Impact: This bill revises posting requirements for proposed agendas from 24 hours prior to the meeting to two business days prior to the meeting. The bill was amended to provide that the state must give 48 hours’ notice prior to public meetings while all other public bodies must provide two business days. Position: The District takes no position on this bill. The bill should be amended so that whatever notice is required (i.e. either 48 hours or two business days) applies to all public bodies.

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House Bill 1096 Introduced by: Representatives Bolin, Haggar (Don), Haugaard, Latterell, Qualm, Rasmussen, Stalzer, Verchio, and Wiik and Senators Haggar (Jenna), Jensen (Phil), Olson, and Van Gerpen Todd Vik 367-7909

An Act to provide for the exemption of certain students from the requirement to take certain academic assessment tests. An Act to provide for the exemption of certain schools from a tuition limitation applied to some bordering state school districts. Impact: This bill would provide the exemption of certain students from the requirement to take certain academic tests. This bill would provide for the exemption of certain schools from a tuition limitation applied to some bordering state school districts. Position: The District opposes this bill. South Dakota schools/districts are held accountable for student achievement per State and Federal requirements (e.g., 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. The District takes no position on this bill as hoghoused.

House Bill 1102 Introduced by: Representatives Brunner and Soli and Senators Tieszen and Heinert Melissa Braak 367-7902

An Act to allow for additional time to review certain competitive sealed bids. Impact: This bill would allow for additional time to review certain competitive sealed bids. This bill would increase the length of time between the bid opening and the bid award to 45 days. This would allow an additional 15 days for administration to review bids. Position: The District supports this bill.

House Bill 1111 Introduced by: Representatives Hunt, Bolin, Brunner, DiSanto, Gosch, Haggar (Don), Haugaard, Klumb, Langer, Latterell, Qualm, Steinhauer, Stevens, Verchio, Wollmann, and Zikmund and Senators Greenfield (Brock), Haggar (Jenna), Heineman (Phyllis), Jensen (Phil), and Van Gerpen Kate Bartell-Nowak 367-4670

An Act to require the high school interscholastic activities association to promulgate major policy statements under the procedures of the administrative rules process. Impact: This bill requires that the high school interscholastic activities association follow the same rule adoption procedures which apply to public agencies when the association has a rule which concerns significant social policy involving the exercise of judgment related to student participation in activities. Position: The District takes no position on this bill. The term social policy is vague and creates confusion on which rules can be determined directly by association and which need to be promulgated pursuant to chapter 1-26.

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House Bill 1112 Introduced by: Representatives Hunt, Bolin, Brunner, Campbell, Craig, DiSanto, Gosch, Haggar (Don), Langer, Latterell, Novstrup (Al), Qualm, Russell, Stalzer, Stevens, Verchio, Wiik, Wollmann, and Zikmund and Senators Van Gerpen, Curd, Greenfield (Brock), Haggar (Jenna), Heineman (Phyllis), Jensen (Phil), and Olson Kate Bartell-Nowak 367-4670

An Act to establish certain procedures regarding a transgender policy for the purposes of participation in high school activities and to declare void any present transgender policy of any association recognized under chapter 13-36. An Act to establish certain procedures regarding a transgender policy for the purposes of participation in high school activities and to declare void any present transgender policy of the South Dakota High School Activities Association. to establish a determinant in identifying a student's sexual identity for purpose of participation in high school activities and to declare void any present or future transgender policy of the South Dakota High School Activities Association. Impact: This bill declares void any present or future transgender policy of the South Dakota High School Activities Association. It further states that the sole determinant of a student's sexual identity is the sexual identity noted on the student's certificate of birth. This bill declares void any present transgender policy of the South Dakota High School Activities Association. The SDHSAA must have the consent of the Legislature to develop such policy going forward. This bill was amended (2/10/16) to add a student's sex is determined by the student's chromosomes and the sex recorded on the student's official birth certificate. Position: The District takes no position on this bill. The most common definition of the term ‘sexual identity’ is an individual’s own conception of whom they are romantically or sexually attracted. Sexual identity is not noted on a birth certificate, nor should it be a consideration in a student’s activity participation. The intended term is likely ‘sex’. However, as written, the language is confusing. The bill inhibits the District’s responsibility to provide reasonable accommodations to students based on their gender identity. The District’s responsibility extends to participation in activities. A school district’s responsibility to make reasonable accommodations for students extends to participation in activities. Without a SDHSAA policy in place, the District would make accommodations for students on an individual basis. Sex chromosome testing is unnecessarily intrusive for the purpose of determining activity participation.

House Bill 1118 Introduced by: Representatives Sly, Gibson, Hawks, Holmes, Johns, Klumb, and Tulson and Senators Soholt, Buhl O'Donnell, Curd, Otten (Ernie), Solano, Sutton, and Tieszen Josh Hall 367-7816

An Act to limit the amount of instructional time that may be spent administering statewide academic assessments. Impact: This bill will limit the amount of instructional time school districts use to administer statewide assessments. Position: The District takes no position on this bill. The Sioux Falls School District will continue to administer the statewide assessments as directed by the South Dakota Department of Education

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House Bill 1130 Introduced by: Representatives Russell, Campbell, DiSanto, Greenfield (Lana), Latterell, Marty, May, Stalzer, and Verchio and Senators Greenfield (Brock), Jensen (Phil), and Olson Todd Vik 367-7909

An Act to dedicate revenue from video lottery for the purpose of supplementing teachers' salaries, to establish a teacher salary enhancement fund, to transfer certain moneys to that fund, and to make an appropriation therefor. Impact: This bill appropriates up to $75 million from the Video Lottery Fund to be used to increase teacher salaries and cuts the state budget across the board (excluding State Aid, bond payments, and certain social and human services) to pay for loss in general fund revenues. Position: The District takes no position on this bill. While the intent of this bill is admirable (i.e. raising teacher salaries), it should be accomplished by increasing state aid. This formula has been in place for over 16 years and it has been proven that school districts increase teacher salaries at a rate that exceeds the increase in the state aid formula (average increase of 2.0 percent (2.0%) in the state aid formula versus and average increase of 2.4 percent (2.4%) increase in teacher salaries).

House Bill 1145 Introduced by: Representative Westra and Senator White Todd Vik 367-7909

An Act to accommodate legislation relating to education in South Dakota require accredited schools to accept transfer credits for courses taken by students from other accredited schools during the summer. Impact: This bill is a placeholder for an education bill requires schools to accept transfer credits for courses taken by students from other accredited schools during the summer.

Position: The District takes no position on this bill.

House Bill 1147 Introduced by: Representatives Bordeaux, Killer, and McCleerey and Senators Heinert and Bradford Mark Meile 367-7960

An Act to prohibit school districts from using school or athletic team names, mascots, or nicknames that are determined to be racially derogatory or discriminatory. Impact: This bill prohibits school districts from using school or athletic team names, mascots, or nicknames that are determined to be racially derogatory or discriminatory. The bill requires the South Dakota High School Activities Association to develop a complaint procedure. The bill also allows a public school district to continue to use uniforms or other materials bearing the racially derogatory or discriminatory term that were purchased prior to the date of determination under certain circumstances. Position: The District takes no position on this bill.

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House Bill 1148 Introduced by: Representatives Bordeaux and Killer and Senators Heinert and Bradford Dr. Celeste Uthe-Burow 367-5384

An Act to require schools to provide instruction on South Dakota's tribal history, culture, and government. Impact: This bill seeks to provide language via legislation to back the Indian Education Act as cited by 13-1-49. The Indian Education Act provides guidance that teachers/staff be aware and educated in "American Indian" culture, requires teachers to take a South Dakota Indian Studies course, provides for the appointment of an Indian Education Advisory Council, and encourages districts to develop course content and curriculum relevant to Native American history, culture, and traditions. Position: The District takes no position on this bill. The Sioux Falls School District already goes above the guidance provided by the Indian Education Act through staff professional development and Native American Connections programming for students K-12.

House Bill 1168 Introduced by: Representatives Haugaard, DiSanto, Greenfield (Lana), Qualm, and Rasmussen and Senators Jensen (Phil), Holien, Monroe, and Rusch Josh Hall 367-7816

An Act to allow students to participate in sexuality education with parental permission. Impact: This bill would require parents or a legal guardian to give written consent (opt-in) allowing their child to participate in sexual education related curriculum. Position: The District opposes this bill. This is unnecessary legislation. The Sioux Falls School District currently offers parents/guardians the right to opt their child out of sexual education related curriculum. Establishing an "opt-in" requirement undermines the local curriculum adoption process which includes input from parents and community members.

House Bill 1169 Introduced by: Representatives Wollmann, Conzet, Dryden, Jensen (Alex), Otten (Herman), Schoenbeck, Sly, Solum, and Zikmund and Senators Peters, Haverly, Otten (Ernie), and Tidemann Todd Vik 367-7909

An Act to allow a school district to operate an attendance center within another school district. Impact: This bill would allow school districts to operate an attendance center within another school district if both districts agree. Position: The District takes no position on this bill.

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House Bill 1182 Introduced by: The Committee on Appropriations at the request of the Office of the Governor Todd Vik 367-7909

An Act to increase the state sales tax, the state use tax, the excise tax on farm machinery, and amusement device tax for the purpose of increasing education funding and reducing property taxes, and to declare an emergency. Impact: This bill raises the state sales tax by ½ cent and devotes $40 million to property tax relief with the rest presumably funding the increase in state aid proposed in SB131. Position: The District supports this bill. The bill is the mechanism that implements the recommendations of the Blue Ribbon Task Force to increase teacher pay in South Dakota. While the formula is now based on the ratio of teachers to students, it is essentially a 9% increase in the per student allocation (this excludes the portion of the increase that is due to folding the Pension Fund into the formula). While this may seem like a truly exceptional increase, the rest of state government (general fund excluding State Aid and the Medicaid Agencies) is proposed to increase by 6% per capita next year. If the Governor’s recommendation of this bill and the entire budget were to pass as presented, the total increase dating back to Governor Daugaard’s first year in the per student allocation will be 10.7% while the increase in the rest of State Government (excluding the Medicaid Agencies) will be 22.5% per capita. Complaints about union contracts, lack of performance pay, or fund balances are simply obfuscations. This bill needs to pass to make up for years of underfunding the state aid formula and help to get teachers’ salaries somewhere near South Dakota’s neighboring states.

House Bill 1189 Introduced by: Representatives May, Bolin, Campbell, DiSanto, Haugaard, Russell, and Wiik and Senator Jensen (Phil) Josh Hall 367-7816

An Act to provide for the inspection and review of a state-mandated academic achievement test taken by a student allow a state-mandated academic achievement test taken by a student to be returned to the student under certain circumstances. Impact: This bill would allow state-mandated academic achievement tests (the entire test) taken by a student to be returned to the student, parent, or teacher after being scored. Position: The District opposes this bill. This bill potentially creates a test security issue and could possibly invalidate an entire test or the results of a test.

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House Bill 1191 Introduced by: Representatives Holmes, Deutsch, Heinemann (Leslie), McCleerey, Munsterman, Rozum, Soli, Stalzer, Steinhauer, Tulson, Verchio, and Wollmann Dr. Celeste Uthe-Burow 367-5384

An Act to revise certain provisions regarding the critical teaching needs scholarship program. Impact: This bill provides a program that encourages postsecondary students and paraprofessionals to obtain their postsecondary education in South Dakota for teaching, to remain in the state upon completion of their education, and to contribute to the state and its citizens by working in a critical need teaching area. This bill amends the previous legislation to include individuals from outside of South Dakota to be eligible for the scholarship. Paraprofessionals are also eligible which is consistent with a prior bill that was introduced to give small districts the ability to hire paraprofessionals when they do not have any licensed candidates to fill their vacancies.. Position: The District takes no position on this bill because it applies to schools with 600 or less students.

House Bill 1198 Introduced by: Representatives DiSanto, Bordeaux, Deutsch, Gosch, Hawks, Langer, May, McCleerey, Sly, and Wiik and Senators Olson, Greenfield (Brock), and Haggar (Jenna) Deb Muilenburg-Wilson 367-7957

An Act to recognize dyslexia as a learning disability. Impact: This bill directs the Board of Education to recognize “dyslexia” as a specific learning disability and develop program guidelines for dyslexia to identify and assess students as well as plan, provide, evaluate and improve educational services to students with dyslexia; directs each school district to offer dyslexia screening for each student who exhibits potential indicators or risk factors for dyslexia and if characteristics are displayed that evidence-based intervention strategies be implemented; directs the Board of Education and each school district to recognize dyslexia education programs as continuing education permitting teachers to apply hours towards continuing education requirements. Position: The District opposes this bill. The Individuals with Disabilities Education Act (IDEA) currently identifies specific learning disability (SLD) as one of the disabilities making a student eligible for special education services. The term dyslexia is a condition that could qualify a child as having a specific learning disability. The IDEA already directs procedures for evaluation, program planning and use of intervention strategies for eligible students. Earlier in the 2015-2016 school year, the United States Department of Education Office of Special Education and Rehabilitative Services (OSERS) sent a Dear Colleague letter to State Education Agencies and Local Education Agencies reminding them that specific learning disability can include conditions such as dyslexia (learning disability in reading), dyscalculia (learning disability in math) and dysgraphia (learning disability in writing) if the student’s skills necessitate an evaluation and criteria for eligibility under IDEA guidelines is met. Given the IDEA regulations, confirmed by the OSERS letter, House Bill 1198 is redundant with current law and administrative rules already in place.

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House Bill 1205 Introduced by: Representatives Johns, Romkema, Rounds, Sly, and Wollmann and Senators Ewing, Olson, Omdahl, and Tidemann Todd Vik 367-7909

An Act to authorize certain eligible school districts to receive an allocation for limited English proficiency. Impact: This bill applies the English Language Learners adjustment to the technical school located in the Lead-Deadwood School District. Position: The District takes no position on this bill.

House Bill 1209 Introduced by: Representatives Bolin, Anderson, Beal, Brunner, Campbell, Craig, DiSanto, Gosch, Greenfield (Lana), Haggar (Don), Haugaard, Heinemann (Leslie), Hunt, Klumb, Langer, Latterell, Novstrup (Al), Qualm, Rounds, Schaefer, Schoenbeck, Stalzer, Stevens, Verchio, Westra, Wiik, and Zikmund and Senators Van Gerpen, Greenfield (Brock), Haggar (Jenna), Jensen (Phil), Monroe, Olson, and Otten (Ernie) Kate Bartell Nowak 367-4670

An Act to require any public body of the state to accept as valid all information on a person's birth certificate. Impact: This bill requires a school district, or other public body, that accepts any information on a South Dakota birth certificate as official and valid shall accept all information on a South Dakota birth certificate as official and valid in carrying out the public body's legal and official duties.. Position: The District takes no position on this bill. The Sioux Falls School District collects and maintains a copy of a student’s birth certificate as part of the student’s cumulative record. The student’s age and parent information are used to determine enrollment eligibility. The bill seems to create a different standard for in-state and out-of-state birth certificates

House Bill 1215 Introduced by: Representatives Haugaard, Campbell, DiSanto, Hunt, Klumb, Qualm, Steinhauer, and Wiik and Senators Monroe, Haggar (Jenna), Holien, Olson, Otten (Ernie), and Rampelberg Celeste Uthe-Burow 367-5384

An Act to authorize a private school to hold dual status as an alternative instruction program under certain conditions. Impact: It is unclear what this bill is attempting to do as it relates to private schools, home schools and public schools. Position: The District opposes this bill as it confuses a public school district’s responsibilities and duties to students of private schools and students of alternative instructional programs.

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House Bill 1222 Introduced by: Representatives Hawley, Bartling, Bordeaux, Feickert, Gibson, Hawks, Kirschman, McCleerey, Ring, Schrempp, and Soli and Senators Sutton, Bradford, Buhl O'Donnell, Frerichs, Heinert, Hunhoff (Bernie), Parsley, and Peterson (Jim) Todd Vik 367-7909

An Act to accommodate legislation relating to shared services in schools. Impact: This bill is a placeholder for an education bill.

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

House Bill 1232 Representative May and Senator Jensen (Phil) Todd Vik 367-7909

An Act to provide for additional openness of local governmental meetings. Impact: This bill requires public bodies of political subdivisions to hold at least one meeting per month after regular business hours and allow for public comment at the beginning of each meeting.

Position: The District opposes this bill as this is simply another bill where the Legislature would be imposing on local governments rules that the State is unwilling to follow (for good reasons, in many cases). If locals are unhappy with the meeting times and structures of their locally elected body, they should lobby the elected officials to change them and/or vote the officials out of office. A one size fits all (except State Government) solution for what is likely an isolated problem is not the answer.

House Bill 1247 Representatives Gosch, Anderson, Bartling, Haggar (Don), Hawley, Langer, and Westra and Senators Greenfield (Brock), Jensen (Phil), Monroe, Olson, Omdahl, and Van Gerpen Dr. Celeste Uthe-Burow 367-5384

An Act to require school districts and licensed child welfare agencies to implement a policy and provide training regarding sexual abuse and other maltreatment of children. Impact: This bill is an an act to require school districts and licensed child welfare agencies to implement a policy and provide training regarding sexual abuse and other maltreatment of children and specifies how often, who should receive the training and what should be covered in the training.

Position: The District takes no position on this bill. The Sioux Falls School District has policies in place that require review of procedures for reporting abuse which includes sexual abuse. In addition counselors or consistently updated on best practices and information regarding the exploitation of children and sexual abuse. Staff members have access to a counselor(s) who provide the information for signs of abuse, what to do when they suspect sexual abuse of children and provide the guidance towards how to get the student the assistance needed. In addition counselors and school district departments coordinate services with local agencies for children that are victims of any type of abuse.

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Senate Bill 5 Introduced by: Senators Peters, Buhl O'Donnell, and Otten (Ernie) and Representatives Otten (Herman), Bolin, and Soli at the request of the School District Boundary Task Force Todd Vik 367-7909

An Act to revise the procedure to initiate a school district boundary change. Impact: This bill eliminates the ability of land owners to initiate a minor boundary change and requires any swap of land between districts to be of roughly equivalent value (i.e. within 10 percent). Position: The District supports this bill as amended. would amend this bill to eliminate the requirement that a swap of land that has to be agreed to by both school boards should not have a state-imposed requirement that the swap be of equal value. In many cases, there may be additional considerations that cause the deal to be considered fair by boards, and the locally elected school boards can determine for themselves what constitutes an equitable exchange on behalf of their constituencies.

Senate Bill 28 Introduced by: The Committee on Health and Human Services at the request of the Department of Health Molly Satter 367-7933

An Act to require meningococcal immunization for school entry. Impact: This bill is adding meningitis to the list of diseases students must be immunized against. Meningitis is not recommended until a child is age 11, which would mean this change would initiate a middle school immunization mandate. Position: The District takes no position on this bill.

Senate Bill 63 Introduced by: Senators Tidemann, Frerichs, Heinert, Novstrup (David), Parsley, and Solano and Representatives Munsterman, Bartling, Brunner, Dryden, Gosch, Hawley, Jensen (Alex), Kirschman, Langer, and Schrempp 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 requires schools to develop safety plans and requires lockdown drills. Position: The District supports this bill.

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Senate Bill 69 Introduced by: Senators Peters, Buhl O'Donnell, Ewing, Fiegen, Haverly, Monroe, Novstrup (David), Shorma, Tieszen, and Vehle and Representatives Deutsch, Bartling, Bolin, Cronin, Dryden, Gibson, Jensen (Alex), Novstrup (Al), Rasmussen, Wiik, and Wollmann Josh Hall 367-7816

An Act to require accredited schools to accept transfer credits for courses taken by students from other accredited schools during the summer and to declare an emergency. Impact: This bill is attempting to ensure that summer credits taken at a South Dakota (DOE) accredited school will transfer to other accredited South Dakota schools. Position: The District takes no position on this bill. The District currently does this and does not anticipate needing to change its practices if the law changes.

Senate Bill 73 Introduced by: Senators Brown, Ewing, Holien, Hunhoff (Bernie), Otten (Ernie), Peterson (Jim), Rusch, and Sutton and Representatives Novstrup (Al), Bartling, Bolin, Campbell, Harrison, Hawley, Kirschman, Marty, Mickelson, Otten (Herman), Russell, Stalzer, Verchio, and Wiik Todd Vik 367-7909

An Act to clarify certain provisions regarding open meetings. Impact: This bill attempts to clarify that an open meeting involves any meeting of a quorum of a public body at which official business of that public body is discussed or decided, or public policy is formulated, whether in person or by means of teleconference. It also defines a teleconference to include any electronic medium, including the internet. Position: The District amend the bill to clarify whether the “internet” means virtual real-time multi-lateral communications between members of the public body or if it also includes emails that are forwarded on to others.

Senate Bill 78 Introduced by: Senators Olson, Brown, Frerichs, Greenfield (Brock), Heineman (Phyllis), Jensen (Phil), Peterson (Jim), Soholt, Solano, and Tieszen and Representatives May, Brunner, Campbell, Craig, Hunt, Klumb, Marty, Qualm, Russell, Sly, and Verchio Todd Vik 367-7909

An Act to deposit money in the permanent school fund based on certain acres of school and public lands open to public hunting. Impact: This bill requires the Department of Game Fish and Parks to pay the Permanent School Fund for every acre of controlled by School and Public Lands that is used for public hunting. The payment is based on the average payment per acre to private landowners under the same GF&P program. Position: The District supports this bill.

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Senate Bill 81 Introduced by: Senators Heinert, Bradford, Brown, Frerichs, Hunhoff (Bernie), Peters, Sutton, and Tieszen and Representatives Bordeaux, Haggar (Don), Hawks, Killer, McCleerey, Ring, Schoenfish, Verchio, and Wollmann Dr. Celeste Uthe-Burow 367-5384

An Act to create the paraprofessional tuition assistance scholarship program. Impact: This bill seeks to create the paraprofessional tuition assistance scholarship program. This program would assist currently employed paraprofessionals with paying for tuition to gain teacher licensure in South Dakota. The program will be administered by the Department of Indian Education. The legislation provides assistance for districts that are not able to hire certified staff and assists those that are not certified with working toward certification. Position: The District takes no position on this bill.

Senate Bill 82 Introduced by: Senators Heinert, Bradford, Brown, Frerichs, Hunhoff (Bernie), Peters, Sutton, and Tieszen and Representatives Bordeaux, Haggar (Don), Hawks, Killer, Schoenfish, Verchio, and Wollmann Traci Jensen 367-4284

An Act to establish the Native American achievement schools grant program. Impact: This bill establishes the Native American achievement schools grant program, provides the means for authorization of the programs, and outlines requirements of the grants. SB 82 is connected to Senate Bill 9 as Senate Bill 9 provides for the appropriation of $2.2 million dollars to fund the “non- traditional” schools. Senate Bill 82 is a direct result of recommendations made by the Indian Education Advisory Council. All member of the council were appointed by the Governor. Position: The District takes no position on this bill.

Senate Bill 83 Introduced by: Senators Monroe, Holien, Jensen (Phil), Olson, and Van Gerpen and Representatives Campbell, DiSanto, Heinemann (Leslie), Latterell, Qualm, Stalzer, and Zikmund Josh Hall 367-7816

An Act to protect the teaching of certain scientific information. Impact: This bill would protect the teaching of certain scientific information. Position: The District opposes this bill. This bill in unnecessary and could be interpreted to encourage "teaching the controversy" in sound scientific concepts.

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Senate Bill 90 Introduced by: Senators Holien, Brown, Greenfield (Brock), Rampelberg, Tieszen, and Van Gerpen and Representatives Tulson, Bolin, Brunner, Hawley, Holmes, Johns, Kirschman, Marty, Mickelson, Russell, Solum, and Wiik Todd Vik 367-7909

An Act to ensure that members of the public are able to access and record public meetings. Impact: This bill would allow members of the public to access and record public meetings as long as they are not disruptive. Position: The District takes no position on this bill.

Senate Bill 101 Introduced by: Senators Brown, Cammack, Tidemann, and White 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.

Senate Bill 118 Introduced by: Senators Heinert, Bradford, Ewing, and Peterson (Jim) and Representatives Schaefer, Duvall, Rounds, Tulson, and Verchio Melissa Braak 367-7901

An Act to exempt certain purchases from certain bidding requirements. Impact: This bill increases the bid limit from $25,000 to $50,000 for supplies or services. Position: The District supports this bill.

Senate Bill 125 Introduced by: Senator White and Representative Westra 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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Senate Bill 129 Introduced by: Senators Haggar (Jenna), Bradford, Curd, Greenfield (Brock), Haverly, Heinert, Olson, Otten (Ernie), Parsley, Rampelberg, Rusch, Solano, and Van Gerpen and Representatives DiSanto, Beal, Brunner, Gosch, Greenfield (Lana), Haggar (Don), Heinemann (Leslie), Hunt, Kirschman, Klumb, Latterell, Otten (Herman), Qualm, Rasmussen, Rozum, Stalzer, Werner, Wiik, Willadsen, Wollmann, and Zikmund Dr. Celeste Uthe-Burow 367-5384

An Act to establish certain suicide awareness and prevention training requirements for certain school employees based on the Jason Flatt Act. Impact: This bill is attempting to include a minimum of one hour of suicide awareness and prevention training as a requirement that an applicant must meet in order to be issued an initial certificate and a renewal certificate as a teacher, administrator, or other educational professional. Position: The District takes no position on this bill. The District has a system in place to educate teachers and staff members on the signs of suicidal ideation. In addition procedures are in place in each school for reporting concerns and implementing measures to assist with individuals threatening to harm themselves and/others.

Senate Bill 131 Introduced by: The Committee on Appropriations at the request of the Office of the Governor Todd Vik 367-7909

An Act to establish a target teacher salary and a target teacher ratio and to revise certain provisions regarding education funding. Impact: Section 1: Eliminates the pension fund, essentially beginning July 1, 2016.

Section 2: Makes Section 1 effective January 1, 2017.

Section 3: Requires schools to request their capital outlay levy in a total dollar amount as opposed to a mil rate.

Section 4: This is the nuts and bolts of the proposed state aid formula (i.e. establishes a target teacher ratio based on school size –essentially restores the old small school factor of 20%, provides a 29% benefit rate, and a 31% overhead rate). After accounting for (reducing by) the $19 million of the statewide pension fund that will be eliminated by this bill, it is essentially a 9.2% increase in the per student formula.

Also creates another fund base percentage that starts at 80% of the greatest district other revenue amount for FY17 and drops to $0 five years later. It also creates a cash balance limit of 25% (based on the lowest monthly cash balance) of the year for large school districts and it includes the second half of 2016 pension levy as local effort.

This section (or bill) does not change the index factor (the annual inflationary increase) that is the cause of the current funding problem ( i.e. over the first 16 years of this formula the average increase in the per student allocation was just under 2% while the rest of State Government annually grew by 4.2% per capita).

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Senate Bill 131 (continued) Sections 5 & 6: Cleanup of obsolete language

Sections 7 & 8: Cleans up the Cutler-Gabriel amendment to account for the change in the local effort in FY17 and ongoing changes due to the other revenue.

Sections 9-12: Cleans up how general state aid, sparsity, and aid for students in residential treatment facilities are calculated to match the previous changes in this bill.

Section 13: Restricts the potential capital outlay levy growth to 3% or inflation, whichever is less, plus new construction. Also establishes an additional alternative restriction starting in 2021 of $2,800 per student (Sioux Falls is currently below $1,300 per student) with exceptions for bonds, etc. The $2,800 will start inflating at 3% or inflation, whichever is less in 2022.

Section 14: Repeals an irrelevant section of the code based on Section 13.

Section 15: Allows a transfer of up to 45% of the Capital Outlay fund to the General Fund.

Section 16: Cleanup of transfer language necessary due to Section 15.

Sections 17-21: Miscellaneous cleanup language necessary due to the change in the state aid formula.

Section 22: Creates a nine-member Teacher Compensation Review Board that will compare teacher salaries to neighboring states every three years and report to the Governor. The membership is three from the senate, three from the house, and three appointed by the Governor.

Section 23: Creates a new General Fund Oversight Board that can recommend to the Secretary of Education that schools be exempted from the general fund cash limits.

Section 24: Reduces a district’s General Fund State Aid by the amount that the district’s lowest monthly cash balance exceeds the maximum cash balance allowed.

Section 25: Pension fund clean-up language to account for the elimination of the fund.

Section 26: Requires that 90% of the new money (reduced by the loss of the pension fund) received by a district in the general state aid formula is used to increase the salaries and benefits of certified instructional staff. It also directs the Department of Education to collect information regarding this requirement.

Position: The District supports this bill. The bill is the mechanism that implements the recommendations of the Blue Ribbon Task Force to increase teacher pay in South Dakota. While the formula is now based on the ratio of teachers to students, it is essentially a 9% increase in the per student allocation (this excludes the portion of the increase that is due to folding the Pension Fund into the formula). While this may seem like a truly exceptional increase, the rest of state government (general fund excluding State Aid and the Medicaid Agencies) is proposed to increase by 6% per capita next year. If the Governor’s recommendation of this bill and the entire budget were to pass as presented, the total increase dating back to Governor Daugaard’s first year in the per student

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Senate Bill 131 (continued) allocation will be 10.7% while the increase in the rest of State Government (excluding the Medicaid Agencies) will be 22.5% per capita. Complaints about union contracts, lack of performance pay, or fund balances are simply obfuscations. This bill needs to pass to make up for years of underfunding the state aid formula and help to get teachers’ salaries somewhere near South Dakota’s neighboring states.

The bill needs an amendment to redistribute other funds that are outside the formula in future years (the mechanism is already in the bill to phase in counting them as local effort). It should also include a requirement that school district personnel be included on the Teacher Compensation Review Board that reviews teacher salaries at least every three years. Finally, the bill should exempt from any requirement to increase teacher salaries the amount of increase in formula dollars that are due to increases in student enrollment.

Senate Bill 132 Introduced by: The Committee on Appropriations at the request of the Office of the Governor Todd Vik 367-7909

An Act to revise certain provisions regarding education funding. Impact: This is essentially a clean-up bill dealing with the several sections contained in the state aid chapter.

Position: The District takes no position on this bill.

Senate Bill 133 Introduced by: The Committee on Appropriations at the request of the Office of the Governor Todd Vik 367-7909

An Act to revise certain provisions regarding shared services provided by the state to school districts, the sharing of services of school district employees, the classroom innovation grant program, and educator mentoring and certification reciprocity. Impact: This bill is part of the Governor’s plan that was spelled out during his State of the State address. It makes it easier for the state to share goods or services with schools at little or no cost, establishes a shared services grant program to encourage schools to share services, revises the classroom innovation grant program to provide funding for developing teacher training and classroom access to virtual education and customized learning tools and to expand course offerings, enhances recruitment, and increases retention of qualified instructors and facilitators through the Center for Statewide E-learning at Northern State University, streamlines the process for teachers from other states to receive a SD teaching certificate, and establishes a teacher mentorship program.

Position: The District supports this bill.

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Senate Bill 151 Introduced by: Senators Sutton, Bradford, Buhl O'Donnell, Heinert, Hunhoff (Bernie), Parsley, and Peterson (Jim) and Representatives Hawley, Bartling, Bordeaux, Feickert, Gibson, Hawks, Kirschman, McCleerey, Ring, Schrempp, and Soli Todd Vik 367-7909

An Act to lower the state sales and use tax on most food items, to increase the rate of taxation for the sales and use tax on certain goods and services, to increase the amusement device tax, and to increase the per student allocation in the state aid formula. Impact: This bill eliminates the sales tax on food and increases sales tax by one cent on everything else. The bill also increases the per student allocation by 19.2 percent.

Position: The District takes no position on this bill. The Sioux Falls School District has endorsed the Governor’s plan for increasing school funding and teacher’s salaries.

Senate Bill 159 Introduced by: Senators Heineman (Phyllis), Bradford, Brown, Curd, Greenfield (Brock), Haggar (Jenna), Haverly, Holien, Jensen (Phil), Monroe, Novstrup (David), Olson, Omdahl, Otten (Ernie), Rampelberg, Rusch, and Van Gerpen and Representatives Gosch, Beal, Brunner, Campbell, Craig, Cronin, Deutsch, DiSanto, Feickert, Greenfield (Lana), Haggar (Don), Harrison, Haugaard, Heinemann (Leslie), Hunt, Kirschman, Klumb, Langer, Latterell, Marty, May, Novstrup (Al), Rasmussen, Rounds, Schoenbeck, Stalzer, Steinhauer, Verchio, Westra, Wiik, Wollmann, 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. Impact: This bill allows insurance companies to donate funds for scholarships to K-12 private schools, 80% of which are deductible from taxes owed to the state, up to a total of $2 million in tax credits per year (this number can grow in future years proportionate to the growth in insurance taxes collected). 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 $2 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 schools 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 $2 million to spend on K-12 education, it should add it to the chronically underfunded state aid formula.

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