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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.

HB1042Current 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.

HB1064Sets 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.

HB1078Increases the allowable amount a school district may set aside in a petty cash account from $100 to $1000.

HB1191Directs 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.

HB1283Appropriates 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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