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Administrative Memorandum
 

April
2004

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It is the policy of the Department of Education to provide services to all persons, without regard to race, color, creed, religion, sex, disability, ancestry, or national origin, in accordance with federal and state laws.

 

 

04 Legislature passes 16 K-12 education bills; 8 have fiscal impact

Here is a summary of the K-12 education bills passed by the 2004 Legislature.  All become effective July 1.  Eight of the bills have fiscal impact on public schools; they are explained in greater detail in a related story in this edition of the Administrative Memorandum.

SB 50:  Revises the amount of time graduating seniors may be released prior to the end of school.  Rather than specifying 3 days, it allows local school districts to make the determination once they have met the minimum hourly requirements.

SB 117: Establishes a task force for the purpose of improving the quality and availability of child care and early learning opportunities. The task force is to examine the current child care and early learning system for children in South Dakota and provide recommendations for improvement in a report to the next legislative session.

SB 173: Specifies alternative certification options for school administrators who are not fully certified.  Current CEO’s and building managers have until July 2005 to make decisions about whether they will take a “test,” put together a professional development plan that will lead to full certification, or go before a special board to request a waiver. 

HB 1001:  Provides for a “basic” high school program and a “recommended” high school program and requires most students to complete the “recommended” curriculum. This bill establishes a two-track curriculum for accredited high schools and requires every student to take the courses comprising the “recommended” curriculum unless excused with parental and counselor input.  The excused students take a "basic" program. Both programs will include a rigorous high school curriculum, and the ”recommended” high school program will be more academically challenging in the areas of mathematics and science than the “basic” high school program.  Requirements for both curriculums will be set forth in administrative rule by the SD Board of Education.

HB 1003:  Allows two or more school districts to include a proposed excess tax levy in their consolidation plan.  This bill removed a potential barrier to consolidation for two or more school districts intending to reorganize; it allows them to place an opt-out proposal within their reorganization plan.  The benefit of the bill is that it allows school districts one vote on all facets of a reorganization plan, rather than a separate vote on an opt-out provision.

HB 1133 Changes in requirements for open enrollment for special education students.  This bill allows students on an IEP to open enroll without a formal joint individual education program team meeting in cases where all parties agree that the previous IEP is appropriate.  Additionally, two or more children from a family residing in the same household may open enroll only if the nonresident district can provide an appropriate instructional program and facilities, including transportation, for the child in need of special education or special education and related services. 

HB 1217:  Expands the provisions related to education benefits for the children of persons who died in military service.  Currently, any student under the age of 25 whose parent has died as the result of military service is entitled to free tuition and entitled to attend and pursue any course or courses of study in any state educational institution.  This bill broadens that to include the technical institutes as well as for those children of parents that serve in the National Guard.

HB 1221:  Requires certain publishers to provide electronic versions of textbooks suitable for conversion into Braille. Currently, textbooks for Braille students are often not ready for visually impaired students on the first day of school due to the labor-intensive nature of the production of Braille text.  Braille books often arrive in piecemeal form as pages are completed.  This bill requires publishers to provide electronic files of textbooks sold in South Dakota to the South Dakota State Library upon request in order to facilitate more expedient production of a Braille version of the text for a visually-impaired student. 

Fiscal- see related story

SB48:   Revises the per student allocation for Special Education
SB49:  Consolidation Incentives for certain school districts
HB1081:  Effort Factor in the Special Education Formula
HB1087:  School District General Fund Levy
SB205:  Distributes any left-over State Aid to school districts.
SB206:  Revises the per student allocations to account for declining enrollment dollars
SB150:  Appropriates funds from earnings off of the Ed Enhancement Trust Fund that are available in the current fiscal year
SB195:  General Appropriations Act