2002 Summary of Major Education Legislation
(Compiled by the South Dakota Dept. of Education)
** New South Dakota laws are effective July 1, 2002, unless a
particular bill specifies otherwise.
House bills
HB 1066 – Permits the use of unloaded weapons at color guard
ceremonies held in school buildings.
HB 1068 – Requires DOE to recalculate the amounts allocated
for the six disability levels used to fund the K-12 special education
formula. This recalculation will first occur after July 1, 2003, and then
every three years after that. The recalculation is to be based on three
years of statewide average spending by disability as reported by schools
to DOE.
HB 1087 – Sets the new maximum general fund levies for school
taxes payable in 2003 at $3.74 per thousand for agricultural property;
$6.02 per thousand for owner-occupied property; $12.90 for commercial
property; and $4.74 for non-agricultural acreage property. Schools are
not required to levy the maximum in order to receive their full general
state aid.
HB 1100 – Allows schools to use capital outlay funds to
purchase warranties on capital assets, if the warranties do not include
supplies.
HB 1149 – Requires school districts to award, upon request,
an honorary high school diploma to any honorably discharged U.S. veteran
of the Korean Conflict (military service must have occurred between June
25, 1950, and July 31, 1953). Adds Korean-era veterans to the existing
state law authorizing honorary diplomas to World War II veterans.
HB 1187 – Allows a newly consolidated school district to
transfer money from its general fund to its capital outlay fund for
one-time costs related to the consolidation. The transfer must be lawfully
obligated within a year of the date of consolidation or it reverts back to
the school district’s general fund.
Senate bills
SB 5 – Creates a voluntary teacher mentor program at the school
district level guided by a mentor teacher plan adopted by the school
board. Requires the South Dakota Board of Education to create rules to set
up the duties and qualifications for mentor teachers.
SB 16 – Requires school districts to provide the
Board of Regents' office a mailing list of students in grades 7-12 by Nov.
1 each year. The list will be used to provide information to students and
parents about post-high school and career planning. Schools are not
required to forward names of those students whose parents have directed
that such information not be released.
SB 17 – Eliminates a 1986
restriction in state law that prevented the Board of Regents from setting
a foreign language requirement for admission into South Dakota’s public
colleges and universities.
SB 31 – Applies the codes of ethics in effect on July 1,
2001, to potential cases of certificate suspension or revocation for
teachers and administrators. (DECA bill)
SB 57 – Allows school boards to
initiate an election to change the size of the school board. This bill
carried an emergency clause and was effective on Feb. 27, 2002.
SB 87 – Prevents students who open enroll into a school
district from transferring back to the resident district during the same
school year.
SB 89 – Allows the school board (by majority vote) to
immediately refer to a public vote the board's decision to opt out of the
state’s property tax limitation. This bill
carried an emergency clause and was effective on Feb. 25, 2002.
SB94 – Establishes the right to post the U.S. Flag in any
public school classroom or building, at any public school event, or on any
public school uniform. Establishes similar rights to recite the U.S. Flag
pledge and sing the national anthem during the school day or a school
event.
SB102 – Ensures that all relevant factors used in the
calculation of general state aid under SDCL chapter 13-13, as those
factors applied to school districts prior to their consolidation, may be
applied to a new district for four years after consolidation.
SB158 – Directs DOE to further clarify rules used to
calculate penalties against school district reserves, as authorized by
House Bill 1258 in the 2001 legislative session. DOE will calculate
opt-out exclusions so that all spending is credited to the school
district's formula revenue and fund balances before any
"credits" are considered against opt-out revenue.
SB165 –
Allows military and
National Guard recruiters "reasonable access" to students and
school facilities for the purpose of sharing information about military
careers and benefits.
SB187 – Appropriates money for the general expenses of state
government. The state’s general bill provides:
- Limited general fund increases for the Department of Education &
Cultural Affairs this year, due to the overall economic downturn felt
across the state and nation. Despite that, DOE's general fund budget
still includes an increase of 3 percent in the per-student allocations
for the general state aid formula and the special education formula.
The state’s four technical institutes also received an increase of
about 3 percent ($396,864) in state support from the general fund.
- An increase of $10.5 million in DOE’s federal fund authority,
with primary increases targeted at school renovation grants, character
education, special education (IDEA Part B funds), and the arts.
To access the full text of bills in their final form, go to the 77th
Legislative Session web site at
http://legis.state.sd.us/sessions/2002/index.htm
Type in the bill number (do not use SB or HB, just enter the number) and
click "Get Bill". Then scroll to the bottom of the screen and click
on "Enrolled" under "Bill Text Versions".
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