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Legislative Update

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Legislative Update 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 – Deb Peters, Paula Hawks, Wayne Steinhauer School Board District 10 – Jenna Haggar, Don Haggar, Steven Haugaard Passed both District 11 – David M Omdahl, Jim Stalzer, Mark Willadsen houses District 12 – Blake Curd, Arch Beal, Alex Jensen District 13 – Phyllis Heineman, Steve Westra, G. Mark Mickelson Dead District 14 – Deb Soholt, Tom Holmes, Larry Zikmund Key Bills District 15 – Angie Buhl O’Donnell, Karen L. Soli, Patrick Kirschman House Bill 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. Sioux Falls School District 49-5 Page 1 Printed 02/22/16 3:28:45 PM Positions are updated as POSITIONS ON 2016 PENDING LEGISLATION bills are able to be BY THE reviewed by the District. SIOUX FALLS SCHOOL DISTRICT 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 South Dakota 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. Sioux Falls School District 49-5 Page 2 Printed 02/22/16 3:28:45 PM Positions are updated as POSITIONS ON 2016 PENDING LEGISLATION bills are able to be BY THE reviewed by the District. SIOUX FALLS SCHOOL DISTRICT 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 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 tests. 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. 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. Sioux Falls School District 49-5 Page 3 Printed 02/22/16 3:28:45 PM Positions are updated as POSITIONS ON 2016 PENDING LEGISLATION bills are able to be BY THE reviewed by the District. SIOUX FALLS SCHOOL DISTRICT 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
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