2003 Summary of Major Education Legislation
(Compiled by the South Dakota Dept. of Education)
The following is a summary of major education bills
adopted by the 2003 South Dakota Legislature. New South Dakota laws are
effective July 1, 2003, unless a particular bill specifies otherwise.
NOTE: New South Dakota laws are effective July 1, 2003, unless a
particular bill specifies otherwise.
House bills
HB1026—Creates the Regents
Scholarship Program. The purpose of this scholarship is to allow South
Dakota's most academically accomplished high school graduates to receive
an affordable education at any university, college, or technical school
that is accredited by the North Central Association of Colleges and
Schools and is located within South Dakota. Funding for this program was
NOT included in this legislation.
HB1039—Appropriates $240,669 of
general funds to the Department of Education and Cultural Affairs for the
payment of consolidation incentives to the Agar-Blunt-Onida School
District and the Britton-Hecla School District.
HB1040—Defines consolidation of
a school district as “the combining of two or more districts in which a
new district and school board are created.” This distinguishes the
difference between a consolidation and a reorganization of a school
district under a dissolve-and-attach plan.
HB 1041—Changes time counted
for teacher-parent conferences and in-service training from “days” to
“hours” so that it is consistent with other statutes that quantify school
time in hourly increments. Did not change the amount of time allowed for
either activity.
HB1042—Current
statute requires a student that open enrolls into a school to remain
enrolled in that school for the remainder of the school year. HB1042
changes this statute, allowing a student to return to their resident
district or assigned school if the school board or boards agree in
writing.
HB1064—Sets
the new maximum general fund levies for school taxes payable in 2004 at
$3.49 per thousand for agricultural property; $5.62 per thousand for
owner-occupied property; $12.04 for commercial property; and $4.49 for
non-agricultural acreage property. Schools are not required to levy the
maximum in order to receive their full general state aid.
HB 1068—Allows a school board
to approve the participation of a home-schooled student in interscholastic
activities sponsored by the SDHSAA, except in cases where the student was
enrolled in the school for part of the year but left to become
home-schooled or otherwise participate in “alternative instruction.”
HB 1077—Expands the students
eligible to take postsecondary courses while in high school from students
to grades 11-12 to students in grades 10-11-12, AND removes the cap of 2
courses per semester. An unlimited number of postsecondary courses per
semester will be allowed starting July 1; each course is subject to prior
approval by the school district.
HB1078—Increases
the allowable amount a school district may set aside in a petty cash
account from $100 to $1000.
HB1191—Directs
the department to distribute to school districts any money left over from
the General State Aid budget from FY03, up to $7,307,896. These dollars
are to be distributed based on the average daily membership (ADM) of
school districts from the 2001-2002 school year.
HB1283—Appropriates
money for the general expenses of state government. The state’s general
bill provides:
- Increases in the budgets of State Aid
to General and Special Education by $7.76 million to cover the increases
in the per student allocations in these formulas for the 2003-2004
school year.
- An increase in federal authority as a
result of the No Child Left Behind Act. The budget for the department
also includes 6.0 additional FTE to provide additional services to
school districts as the state implements this federal legislation.
Senate bills
SB 38—Requires each public school to
participate in the NAEP test if selected.
SB 39—Changes the state testing program to
comply with federal No Child Left Behind requirements and clarifies
that the tests are required in public schools. The changes include:
- All students in grades 3-8 and grade 11.
- A single test that is correlated with the state’s
content standards.
The bill also gives DOE and the SD Board of Education
rule-making authority. The requirement for home-schooled children in
grades 2-4-8-11 to take a nationally standardized achievement test of
basic skills was maintained. An emergency was declared, making the bill
effective after passage and signature.
SB 40—Establishes a statewide accountability
system for all public schools and school districts. Delegates rule-making
authority to the South Dakota Board of Education in order to set
implementing policies in 14 areas, including “adequate yearly progress,”
cut scores, a system of consequences, graduation rates, attendance rates,
and an appeal process. Needed for NCLB implementation.
SB 71—Directs the SD Board of Education to set
up an alternative certification program for persons who are employed as
non-certified CEOs and requires non-certified CEOs to submit a
professional development plan for obtaining an alternative certificate to
DOE effective 7/1/2005.
SB80—Establishes the Richard Hagen-Minerva
Harvey memorial scholarship program. SB80 creates a Native American
scholarship program with the proceeds from the Last Will and Testament of
Minerva Harvey, who donated her estate to South Dakota for that purpose.
This scholarship also recognizes the late Richard Hagen, who served many
years as a legislator from Pine Ridge.
SB 157—Does away with the requirement for a
criminal background check for judges and referees hired by school boards
for public events sponsored by the school district, not only those
sponsored by SDHSAA. Also allows a school district that conducts a
criminal background check on a student teacher to subsequently transfer
the results of the investigation to another school for the purposes of
additional student teaching. The district that conducted the
investigation may also use the results when hiring the student teacher for
permanent employment. These two provisions eliminate costly duplication
of background checks on the same person.
SB170—Establishes a new starting point for the
State Aid to General Education per student allocation. This amount will
be $3,967.88 beginning in Fiscal Year 2004 (2003 – 2004 school year).
SB 224—Allows public school districts to
provide transportation to nonpublic school students if no additional
public funds are expended. An emergency was declared, making the bill
effective after its passage and approval.
To access the full text of bills in their final form, go to the 78th
Legislative Session website at
http://legis.state.sd.us/sessions/2003/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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