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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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