News and Notes from Monday
Posted Monday, March 4, 2013
Sentinel bill sent to Gov.
On a 40-19 vote, Representatives sent an amended version of House Bill 1087, which would allow school employees and volunteers to carry guns in and on school grounds, to its final step for approval.
Gov. Dennis Daugaard will have the option to sign the bill into law or veto it. The Governor has not indicated whether he supports HB 1087, but his administration has indicated in previous weeks that he supports the bill’s concept. If signed into law, voters could refer the bill for a vote in November.
A motion to form a conference committee – made up of three Senators and three Representatives – to review the amended version of HB 1087 was defeated on a 17-42 vote.
Senators attached three amendments to the bill, which Rep. Scott Craig (33) called “more appealing to the public and increasing public accountability.”
One amendment appoints the state’s Standards and Training Commission to oversee the 40-hours of firearms training required by the bill for non-law enforcement agents taking the sentinel role. Another provides a waiver of liability to the state’s Attorney General Office and local law enforcement agencies with jurisdiction over a school district where a sentinel program is established. The final amendment allows voters in the district to refer a school board’s decision on implementing, or not implementing.
A cornerstone argument of the bill’s proponents was HB 1087’s capacity to provide local control. However, the referral amendment would allow constituents to overturn a board’s decision and the provision of approval needed by the local law enforcement agency can do the same.
ASBSD is opposed to the bill.
Benefits publication bill defeated
The third time wasn’t the charm for Senate Bill 180 as Representatives killed the bill on 28-40 bill.
SB 180 would have required school districts, and other local government bodies, to list the total dollar amount paid to employees for the employer's share of Federal Insurance Contributions Act (FICA), Supplemental Security Income (SSI), retirement, any nonprofessional membership fee and the average amount paid per employee for health insurance.
Coming to the House in its third incarnation, the bill had three amendments introduced for a voice vote, but the end result left them irrelevant.
“All you have to do is step into the (school’s business) office and that information is there,” Rep. Kathy Tyler (4) said.
ASBSD opposed the bill.
Situational student funding bill passed
Representatives passed Senate Bill 158, which would provide state funding for students in treatment centers and clarifies the discrepancy that funding for the student in the treatment center is provided by the home district, on a 67-1 vote.
“(SB 158) will solve the problem quite well,” Rep. Peggy Gibson (22) said.
Rep. Gibson said about 30 students per-year fall in this category and the total cost is approximately $139,000. Rep. Gibson noted the Governor’s proposed budget included funding for these situations.
ASBSD supports the bill.
Open Meetings bill tabled
Committees and subcommittees will not be subjected to open meeting laws after House Bill 1108 was tabled by Senators.
Sen. Dan Lederman (16) requested the bill be tabled, saying its provisions would be examined after session before being reintroduced next year.
ASBSD opposed the bill.
Petitions bill passed
Senators voted 30-1 to pass House Bill 1018, which would require independent notarization on an election candidate’s nominating petition.
The bill now heads to the Governor for signature.
For updates on these and other pieces of legislation, check the ASBSD blog and bill tracker.
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Property and petitions
Posted Wednesday, February 27, 2013
Proposed levy moved to 41st
House Bill 1143, which would have classified leased residential property as the fourth tax levy, fell one vote short at its Senate Taxation committee hearing this morning.
Committee members voted 4-3 to move HB 1143 to the 41st legislative day following a lengthy discussion on proposed creation of the new tax levy.
“It’s something I think we could look at without this legislation,” Department of Revenue representative Mike Houdyshell testified. Houdyshell testified in opposition of the bill noting the bill had the potential to create a cost shift to the other levies (Agricultural, Owner-occupied and Commercial) or would have required the state to increase its share of funding for state aid.
HB 1143 the leased property levy would be set at $8.62 per $1,000 of taxable valuation and is defined as any single-family unit or structure consisting of two or more family units that is leased or rented. Leased property stands under the commercial levy umbrella.
“We’re more residential than we are business,” Dean Krogman of the S.D. Multi Housing Association said. Krogman said he envisioned the levy would fall somewhere between the commercial ($8.62) and owner occupied ($4.02) in future dollar amount.
DOE Director of Finance Tammy Darnall said the department opposed the bill because it added a tax classification that did not provide a growth measurement for the state or districts to refer to when projecting tax revenues for their budgets.
Darnall also noted HB 1143 conflicted with Senate Bill 28, which is the tax levy bill needed for the local effort proportion to meet the state’s effort for the proposed three percent increase in state aid funding.
Petition bill passed
Senate Local Government committee members voted unanimously to pass House Bill 1018, which would require independent notarization on an election candidate’s nominating petition.
HB 1018 now heads to the Senate floor and if passed without an amendment, would move on to the Governor for signature.
ASBSD is monitoring the bill.
For updates on this bill, as well as others, check the ASBSD blog and bill tracker.
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Payroll publication amended and passed
Posted Wednesday, February 27, 2013
The third time may be the charm for Senate Bill 180. SB 180 passed the House Local Government committee on Tuesday in its third incarnation.
Committee members voted to pass an amended version of SB 180 on an 8-5 vote. The amended draft requires the total dollar amount of local government employees’ benefits be annually published on the entities website or in the designated newspaper.
SB 180 was passed by the Senate Local Government committee in the same form, but last week was amended on the Senate floor, removing the online posting capability.
Sen. Corey Brown (23), the bill’s sponsor, said the requirement allows local government bodies to “refocus on the cost of the services they provide” and shows taxpayers what exactly their tax dollars are being used for.
SB 180 would list the total dollar amount paid to employees for the employer's share of Federal Insurance Contributions Act (FICA), Supplemental Security Income (SSI), retirement, any nonprofessional membership fee, and the average amount paid per employee or officer for health insurance.
Opponents of the bill argued the benefit information is already available for the public to view.
“If you want this information you can come and (see) it,” Lobbyist Dick Tieszen testified. “It’s public record.”
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News and Notes from Monday
Posted Tuesday, February 26, 2013
“Under 100” joint powers bill approved
By a 67-1 vote, the House of Representatives passed an amended version of Senate Bill 96. The bill will return to the Senate for approval.
SB 96 allows school districts with enrollments under 100 to remain open if they are exercising joint powers or intergovernmental cooperation in education, which would allow districts to share services and costs. The amendment to the bill requires annual approval of an agreement between districts by the Department of Education.
The bill allows districts to share teachers, courses or curriculums among other services while students remain in their home district.
“(Districts) can keep their education centers open in their communities,” Rep. Scott Munsterman (7) said.
Public meetings posting piece passed
Senators unanimously passed House Bill 1158, which requires proposed agendas to include the date, time and location of a meeting.
The bill was introduced to correct the oversight of meeting agenda information. HB 1158 now heads to the governor for signature.
Open Meetings law amended…again
House Bill 1108 was amended for a second time on a 6-0 vote by the Senate State Affairs committee.
The freshly amended version now subjects any committee or subcommittee appointed by a political body to open meetings laws, if the group holds decision making ability.
HB 1108 came to the committee as a bill excluding advisory bodies from having to provide telephone or Internet access for meetings. The initial version of the bill subjected committees to open meeting laws.
Tony Venhuizen, Director of Policy and Communications for the Governor’s office, said the bill would cover committees “where decisions are all but being made.”
ASBSD will continue to monitor the bill and updates its progress.
For updates, check the ASBSD blog and bill tracker.
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Morning moves by committees
Posted Friday, February 15, 2013
Pilot Program passed on
House Education committee members passed House Bill 1183 on an 8-7 vote this morning. The action comes after the bill was deferred on Wednesday and now moves to House Appropriations.
HB 1183 calls for the appropriation of funds to put a computer and Internet access into the homes of preschool aged children to prepare them for school. Children would spend 15-20 minutes per day working on interactive, educational programs on the computer.
Currently, $1 is attached to the bill as it relates to funding, but bill sponsor Rep. Jacqueline Sly (33) said the dollar amount supplied would dictate the number of participants. She said funding for the program would be ongoing. Funding for the bill would be appropriated from the general fund.
On Friday, Rep. Kathy Tyler (4) called the bill “a good idea” but said supporting these projects ignored the bigger issue in K-12 education, lack of continuing funds.
“We need to fix what we’ve broken before we add the extras,” Tyler said.
ASBSD opposes the bill.
House to hear Common Core bill
House Bill 1204, which Requires Board of Education to seek legislative approval before implementing any Common Core Standards, will have its day on the House floor after House Education committee members passed it 8-7 this morning.
The bill would not affect the math and reading standards, adopted by the Board of Education in 2010 and set for implementation by the Department of Education in 2014, but would require any further standards be approved by the legislature, which could impede their progress.
Executive Director Wade Pogany told committee members school board delegates voted unanimously to support Common Core at ASBSD’s Delegate Assembly in November because the standards establish national benchmarks helping students succeed in an advanced society.
“We want our South Dakota kids to compete in a global economy,” Pogany said.
Opponents of Common Core testified the standards are trying to fix standards that are not broken or are pushing agendas not favoring education.
Secretary of Education Melody Schopp argued the standards have been studied extensively and the DOE and Board of Education did not rush “into this work.” Rep. Timothy Johns (31) echoed the statement.
“This matter’s been studied and studied and studied and we’re going to sit here in 30 minutes and decide,” Johns said.
ASBSD is opposed to the bill.
Benefits bills moves on
Senate Local Government committee members passed (4-2) a bill that would require the publication of local government employees be published online or in the designated newspaper annually.
Senate Bill 180 would list the total dollar amount paid to employees for the employer's share of Federal Insurance Contributions Act (FICA), Supplemental Security Income (SSI), retirement, any nonprofessional membership fee, and the average amount paid per employee or officer for health insurance.
“It allows taxpayers… to know what the services they’re paying for cost them,” Bill sponsor Sen. Corey Brown (23) said.
An amendment to include state employees under the new publication requirement was not passed, but committee members suggested the amendment be rewritten and introduced on the floor.
ASBSD is opposed to the bill.
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Tabled, passed and deferred
Posted Wednesday, February 13, 2013
It went in that order this morning during the House Education committee’s meeting, which featured four important bills for K-12 education.
1200 Tabled
Rep. Lance Russell (30), sponsor of House Bill 1200, asked committee members to table the bill, which would have required school boards to hold a public hearing on any proposed purchase, lease or issue of capital outlay certificate with a cost over $250,000.
The bill would have changed the current public hearing requirement level of 1.5% of the taxable valuation of taxable property in the district.
Russell cited the need to retool HB 1200 before moving forward with it. ASBSD opposed the bill.
“Under 100” bills advanced
Committee members favored two bills offering leeway to school districts with enrollments under 100, which by state law requires consolidation.
Senate Bill 96, which already made its way through the Senate, was unanimously passed while House Bill 1213 moved on by a 9-6 vote. ASBSD opposes HB 1213.
Senate Bill 96 would allow school districts to remain open if they are exercising joint powers or intergovernmental cooperation in education, which would allow districts to share services and costs. House Bill 1213 allows school districts to remain open, but reduces the amount of state aid and eliminates the small school adjustment after school district drops under 100 total students.
Although each bill aims to keep the doors of small districts open, they conflict with each other’s end goal. HB 1213 would decrease much needed funding for smaller school districts where SB 96 keeps funding on par with the state and allows collaboration of resources among districts.
ASBSD Director of Policy and Legal Services William Engberg referred to the bill as “brilliant” because “it uses existing resources” by utilizing the joint powers agreement in his testimony before the committee.
“The intent of (SB 96) is to give local school boards maximum flexibility,” Sen. Mark Johnston (12), the bill’s sponsor, said.
ASBSD supports SB 96.
Action grounded on pilot program
The decision on a bill that would establish a home-based educational technology program will wait until Friday.
House Bill 1183 calls for the appropriation of funds to put a computer and Internet access into the homes of preschool aged children to prepare them for school. ASBSD opposes the bill.
Bill sponsor Rep. Jacqueline Sly (33) said pre-school aged children would spend 15-20 minutes per day working on interactive, educational programs on the computer. Sly said she modeled HB 1183 after a similar program in Utah.
Sly introduced an amendment that attached $1 to the bill and said the dollar amount supplied would dictate the number of participants. She said funding for the program would be ongoing.
Opponents testified the bill conflicted with the practices of federal head start programs, raised concerns of the amount of time that could be spent in front of the computer and used general fund dollars that would take away state funding dollars for schools.
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Full slate for House Ed.
Posted Wednesday, February 13, 2013
Public hearings, proposals and payments
Committee members will decide whether or not to change the current financial requirement for school boards to conduct a public hearing on certain purchases.
House Bill 1200 would require school boards to hold a public hearing on any proposed purchase, lease or issue of capital outlay certificate that would exceed $250,000, which would change the current public hearing requirement level of 1.5% of the taxable valuation of taxable property in the district.
The bill has the potential to require public hearing on most purchases, including textbooks or technology enhancements, especially in larger districts.
“School board members are entrusted to make purchases that enhance a school district,” Executive Director Wade Pogany said. “Changing the current method to what’s proposed would hamper many school boards from moving forward on decisions that improve their district.
Pilot program proposes preparation
House Bill 1183 is another in a list of special project funding bills the committee has heard so far in session.
The bill would appropriate funds for a computer and Internet access into the homes of preschool aged children to prepare them for school as part of a home-based educational technology program. HB 1183 does not have a dollar amount attached to it or how the funds would be provided.
“Along with many of the special project bills that have been proposed it’s a good idea, but there’s still some questions about its funding source and how it would work logistically,” Pogany said.
Small schools, big decisions
After receiving the approval of Senators, Senate Bill 96 makes its way to the other side of the legislature.
The bill would allow school districts with an enrollment under 100 to remain open if they are exercising joint powers or intergovernmental cooperation in education, which would allow districts to share services and costs. Districts could share teachers, courses or curriculums among other services while students remain in their home district.
House Education committee members deferred action on a bill that also would have an effect on smaller school districts last week until SB 96 had its hearing.
House Bill 1213 would reduce the amount of state aid and eliminate the small school adjustment after school district drops under 100 total students for two consecutive years, but allow districts to remain open and not consolidate.
“There’s a lot of merit to both bills and we’d prefer the ‘Under 100’ rule be repealed altogether,” Pogany said. “Senate Bill 96 offers smaller school districts a great opportunity to continue to provide the quality education they have been and keep students in their home district.”
For updates on the bills check the ASBSD blog and bill tracker.
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News and Notes from Thursday
Posted Friday, February 8, 2013
Action on TFA bill deferred
Action on Senate Bill 188, which would provide $500,000 in funding, taken from the general fund, for the Teach for America grant program, was deferred at Thursday’s Senate Appropriations meeting.
The TFA grant program would recruit teachers to and place them in school districts with high numbers of students from low-income households, specifically in schools on reservations.
TFA Representative Jim Curran testified last year’s grant program provided $250,000 in state funds, which was matched in private contributions, as stipulated in last year’s legislation (2012 – SD 139).
Curran said the proposed $250,000 increase would allow TFA increase the number of teachers recruited and retained by the program to 100, up from 57, and expand beyond the Pine Ridge and Rosebud reservations to other areas.
ASBSD is opposed to the bill because it removes general fund dollars that could be appropriated to school districts to use at their own discretion.
The bill is scheduled to come before the committee again on Wednesday, Feb. 13.
Agenda bill through House
Representatives unanimously passed House Bill 1158 on Thursday.
HB 1158 would require proposed agendas to include the date, time and location of a meeting. The bill was introduced to correct the oversight of meeting agenda information.
Ag. levy bill sent to 41st
Senate Agriculture and Natural Resources committee members deferred SB 210 to the 41st Legislative Day on an 8-1 vote at Thursday’s meeting.
The bill would have called for assessment of agricultural property based on full market value only and repeals the practice of assessing agricultural property based on its agricultural income value.
For updates on these bills, as well as others, check the ASBSD blog and bill tracker.
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Information to remain offline
Posted Wednesday, February 6, 2013
For the foreseeable future school districts, and other government bodies, will continue to pay to have meeting minutes, public notices, school documents, bids and other information in the newspaper.
House Local Government committee members deferred House Bill 1224 to the 41st Legislative day at Tuesday’s bill hearing on a 10-3 vote. HB 1224 would have allowed government bodies to post information on a designated website instead of paying for the information to be printed.
“This (bill) is about an option,” Executive Director Wade Pogany testified. Pogany added the bill allows school districts to be more cost effective and efficient, which has been required by past legislation.
Rep. Steven Westra (13), the bill’s sponsor, echoed Pogany’s thought.
“It’s very expensive to print this information,” Westra testified. “I think it is time we stop local subsidies to newspapers. This isn’t an anti-newspaper bill. It’s a changing of the times.”
Along with posting information online, government bodies would have had to designate a place where a hard copy of the information would be posted, emailed or mailed a hard copy of the information to those who requested it and put notice of the posting change in the newspaper twice a year.
SDNA Lobbyist Dave Bordewyk said he appreciated the discussion, but posting the information kept the public informed.
“Newspapers are performing a service (publishing information),” Bordewyk said. “Why should (newspapers) be expected to do it for free?”
Rep. Stace Nelson (19) also opposed the bill saying he believed the press had “the most important” job in reporting on the actions and discussions of government bodies.
“We’re not stopping reporting,” Westra countered. He also noted the state legislature does not print any minutes or information, but rather posts it online, which Nelson also said he did not favor.
The different requirements left Pogany to ask, “Why wouldn’t school districts have that same option?”
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Quick hits from committees
Posted Tuesday, February 5, 2013
Scholarship program bill moves on
Senate Education committee members gave unanimous approval at this morning’s committee meeting to a bill resurrecting a piece of last year’s controversial education reform, House Bill 1234.
Senate Bill 233 would establish the critical needs teaching scholarship program for student’s looking to enter the teaching profession in a critical needs curriculum area and stay in South Dakota after completing their degree.
“Everyone, generally, thought (the scholarship) was a good idea,” Sen. Tim Rave (25) said about the scholarship program from HB 1234 during his testimony in support of the new bill. “We have a problem in the number of graduates in our high needs teaching areas.”
Rave said 532 South Dakota teachers retired in 2012 and 482 graduated with teaching degrees.
SB 233 would provide scholarships for student’s looking to enroll in teaching programs at South Dakota universities. Five million dollars would be appropriated from the general fund to kick start the program’s trust fund.
Agenda adjustment bill passed
The House Local Government passed (13-0) a bill that would require government bodies post the date, time and location on a proposed meeting agenda.
Rep. Stace Nelson (19) said House Bill 1158 was introduced to correct the oversight of meeting agenda information. HB 1158 moves on to the entire House.
Bus inspection bill another step closer
Senate Bill 41, which would allow school districts to use an approved inspector to inspect school buses, passed the House Transportation committee on a 12-1 vote.
The bill expands the requirement that bus inspection be completed only by the highway patrol and gives school districts the choice on inspectors. The bill now heads to the House floor.
ASBSD will continue to update these pieces of legislation, and many others, on the ASBSD blog and bill tracker.
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News and notes
Posted Tuesday, February 5, 2013
Critical needs scholarship returns
Senate Bill 233 brings back a familiar piece of legislation from last year. The bill is looking to establish the critical needs teaching scholarship program, which was one of the lone bright spots from last year’s controversial education reform plan, House Bill 1234.
Senate Education committee members will have first review of the bill, which calls for $5 million from the general fund to kick start the program’s trust fund, at this morning’s hearing. SB 233 looks to put a variety of criteria in place for student’s looking to enter the teaching profession in a critical needs area and stay in South Dakota after completing their degree.
“I think everyone agreed the scholarship program was a great idea in House Bill 1234 and this bill has the potential to be a positive for the future of K-12 education,” Executive Director Wade Pogany said. “At the same time, it takes $5 million out of the general fund at a time when school districts could really use those dollars so we’re going to have to watch the bill’s development.”
Posting information online
House Local Government committee members will hear testimony this morning on a bill that would allow school districts to post any notice, minutes, bid, document or other information online.
House Bill 1224 would require a school district to put notice of the change and where the information can be found in the official school newspaper twice a year. In addition, school districts would have to designate a place where a hard copy of the information would be posted. ASBSD supports the bill.
“The Internet has become the outlet where most people get their information and this bill allows school districts to follow that trend,” Pogany said.
Flexible spending bill moves to Governor’s desk
House Bill 1064, which allows school districts to implement flexible spending accounts as part of health insurance plans, was unanimously passed by the Senate yesterday. The bill has one last step before being enacted into law as it awaits Gov. Dennis Daugaard’s signature.
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ASBSD Weekly Legislative Roundup
Posted Friday, February 1, 2013
The fourth week of legislative session proved busy for legislation related to K-12 education.
House Bill 1087, which would allow school boards to “create, establish and supervise” a “sentinel” program that would arm staff, security or volunteers on school grounds, passed the House of Representatives on a 42-27 vote. The bill now heads to the Senate State Affairs committee.
The conversation on school funding got started with hearings on House Bills 1201 and 1202 held by the House State Affairs committee.
HB 1201, which called for an increase to the per-student allocation dollar amount for the next three years, was deferred to the 41st Legislative Day and action on HB 1202, which would change the index factor increase for education funding from three percent to four percent, was deferred to Monday.
Good news came in terms of funding with the Senate Education committees passage of Senate Bill 159, which provides school districts with a 25 percent bump in state aid for each Limited English Proficiency student.
K-12 got another boost when the Senate passed SB 96. The bill would allow school districts with an enrollment under 100 to remain open, if they are exercising joint powers or intergovernmental cooperation in education. Districts could share teachers, courses or curriculums among other services while students remain in their home district.
Discussion on open meeting laws continued in the form of Senate Bill 167. Senate Local Government committee members deferred the bill, which would have required executive and closed sessions of government bodies be recorded and records maintained for one year, to the 41st day.
Another busy week is expected starting Monday as more K-12 education bills are heard by committees. For updates, bookmark ASBSD blog and bill tracker.
“Quotes” of note
“I think this is an abysmal situation we’ve created for our students and teachers.” Rep. Peggy Gibson (22) said during the House State Affairs committee hearing on HB 1201.
“More guns are not the answer when there are so many other non-risky methods.” – Rep. Ray Ring (17) said during the Senate’s discussion on HB 1087.
“A gun-free zone did not make Sandy Hook gun free.” – Rep. Scott Craig (33) said during the Senate’s discussion on HB 1087.
“It throws a wet blanket on those sort of necessary things that happen in executive session.” – Sen. Craig Tieszen (34) said during the Senate Local Government committee hearing on Senate Bill 167.
“There is no problem. School boards follow the (executive session) rules.” Executive Director Wade Pogany said during testimony on SB 167.
Previous posts from the week
Week ends on high note for K-12
No changes to executive session
“Sentinel” bill passed, Open Meetings bill impeded by House
Grant bills deferred in vote
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Two bills take two different steps
Posted Thursday, January 31, 2013
House and Senate members took action on two bills with ties to K-12 education on Wednesday afternoon and yielded two different results.
Senators unanimously passed Senate Bill 158 on to their legislative counterparts. The bill would provide state funding for students in treatment centers and clarifies the discrepancy that funding for the student in the treatment center is provided by the home district.
ASBSD supports the bill and will continue to watch its progress in the House.
House Bill 1113 did not fare as well in the House, however. On Tuesday, the bill failed to gain a majority vote among representatives and was filed for reconsideration. The additional night did not change the minds of enough representatives and HB 1113 lost its reprieve vote.
The bill would have made digital text communication (i.e. email, text message, online conversations) an open record if it included discussion of official business among a quorum of board members.
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No changes to executive session
Posted Wednesday, January 30, 2013
Members of the Senate Local Government committee voted down a bill that would have required executive and closed sessions of government bodies be recorded and records maintained for one year.
Senate Bill 167 was deferred to the 41st Legislative day on 4-3 vote this morning (Wednesday). ASBSD opposed the bill.
Executive Director Wade Pogany testified the bill was unnecessary and argued the Open Meeting Task Force, which he was a part of, tasked by Gov. Daugaard to look at the state’s open meeting laws did not see executive session as an issue.
“This proposed law didn’t make it out of the Open Meeting Task Force,” Pogany testified. “That debate, I think, taught us there isn’t a need (for recording) here.”
Fellow opponents of the bill echoed Pogany’s sentiment that the bill was in search of an issue where there was none.
David Bordewyk, lobbyist for the South Dakota Newspaper Association, argued the bill was a “good enforcement tool” for open meeting laws, but noted the Open Meetings Commission, which has reviewed open meeting violations since 2004, had no executive session violations.
Pogany pointed to the admission as significant evidence the bill was unnecessary.
“There is no problem,” Pogany said. “School boards follow the (executive session) rules.”
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“Sentinel” bill passed, Open Meetings bill impeded by House
Posted Tuesday, January 29, 2013
Votes on two bills connected to school boards by the House of Representatives yielded differently results this afternoon (Tuesday).
Representatives voted 42-27 to pass House Bill 1087, which would allow school boards to “create, establish and supervise” a “sentinel” program that would arm staff, security or volunteers on school grounds.
A lengthy debate preceded the vote with proponents arguing the bill provides districts without school resource officers to arm individuals to protect the school against a violent threat and opponents countering that more guns in schools creates an atmosphere driven by fear and increases safety risks.
An amendment made to the bill removed the wording “in its sole discretion” relating to a school board’s decision to create and implement the program and changed the requirement of only a county sheriff having full approval of the program to “law enforcement official” approval.
ASBSD opposes the bill based on the association’s standing position on Safe and Secure Schools, which supports keeping “weapons” off school grounds. The standing position was approved by a majority of member schools in November at ASBSD’s Delegate Assembly.
House Bill 1113 had a different fate from HB 1087, falling one vote short of the majority needed to pass. The bill would make digital text communication (i.e. email, text message, online conversations) an open record if it includes discussion of official business among a quorum of board members.
Rep. Charles Hoffman (23) called the bill a “solution looking for a problem” while Rep. David Lust (34) said HB 1113 erred on the side of “good government” because of the growing utilization of digital communication.
HB 1113 will be reconsidered tomorrow. ASBSD will monitor the bill’s status.
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K-12 gets committee focus tomorrow
Posted Tuesday, January 29, 2013
Wednesday’s committee schedule marks a big day for legislation related to K-12 education.
House State Affairs committee members will hear two bills that would improve upon the current K-12 education funding situation.
House Bill 1201 calls for an increase to the per-student allocation dollar amount for the next three years to balance the “funding shortfalls” school districts suffered starting in 2011.
For the 2013-14 school year, the PSA would be raised by nearly seven percent to $4,802 and to $4,978 and at $5,154 (increases of 3.5 percent) in subsequent years. The PSA would return to the current funding formula level, with districts receiving a three percent increase or the change in the CPI-W, whichever is less following the 2015-16 school year.
House Bill 1202 would change the index factor increase for education funding from three percent to four percent. Gov. Dennis Daugaard proposed a three percent increase for school districts in his budget, which set the PSA at $4,625. A four percent increase would move the projected PSA to $4,670.
ASBSD supports both bills.
In addition to supporting the funding bills, ASBSD will stand behind Senate Bill 99, which changes the term "opt out" to "instructional support levy." A hearing for SB 99 is scheduled in Senate Taxation tomorrow.
ASBSD will take opposition against Senate Bill 167. The bill would require executive or closed sessions be recorded and maintained for one year. The bill has the potential to undermine confidentiality and stymie dialogue among board members on key closed session topics.
SB 167 appears before the Senate Local Government committee tomorrow.
The House Education committee will hold a hearing for House Bill 1166 tomorrow, as well. The bill would reward school districts based on the number of past year graduates not taking remediation courses upon entering higher education with dollars form the general fund. ASBSD opposes the bill because it removes dollars from the general fund school districts are in need of.
For updates following the committee meetings tomorrow on these bills, check the ASBSD blog and bill tracker.
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Bills pass to start week
Posted Tuesday, January 29, 2013
Three bills passed their original house to start week number three of legislative session.
Representatives passed House Bill 1108 by 63-5 vote on Monday. The open meeting’s related bill initially placed sub- and advisory committees under the open meetings umbrella, but was amended by the House State Affairs committee removing the requirement.
The bill’s main function now is to exclude advisory bodies from having to provide telephone or Internet access for meetings.
Senate Bill 41 passed through the Senate floor by a 33-0 vote. The bill would allow school districts to use an approved inspector to inspect school buses, expanding the requirement that bus inspection be completed only by the highway patrol.
Senators also passed Senate Bill 78, which exempts bus drivers from physical requirements of transporting passengers unless required by their employer, by a 23-9 vote.
ASBSD will continue to monitor the bills.
A bill to reinstate $150,000 in state funding to Education Service Agencies was deferred by the Senate. ASBSD supports the Senate Bill 76.
Senate Health and Human Services committee members deferred Senate Bill 98 to the 41st Legislative Day. The bill would have revised immunization exemption requirements to encompass a student that has a “personal religious commitment” opposed to the immunization and planning to enter school.
For updates on these bills, as well as other pieces of legislation, continue to check the blog and bill tracker.
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Legistlative action from last week
Posted Monday, January 28, 2013
House Bill 1113: A bill that would make digital text communication (i.e. email, text message, online conversations) an open record if it includes discussion of official business among a quorum of board members passed the House State Affairs committee by a 7-6 vote. The committee amended the bill to exclude the scheduling of meetings via digital communication official business. ASBSD is monitoring the bill.
House Bill 1114: The House State Affairs committee deferred the bill to the 41st legislative day on a 13-0 vote. The bill would have required any defamatory information about an individual employed, seeking employment, etc. by a public body be confirmed before it can be publicized.
Senate Bill 78: A bill that exempts bus drivers from physical requirements of transporting passengers unless required by their employer passed the Senate Transportation committee by a 7-0 vote. ASBSD is monitoring the bill.
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ASBSD Weekly Legislative Roundup
Posted Friday, January 25, 2013
“Sentinel” bill passes committee
Following almost three hours of testimony and discussion spread across two days, the House Education committee passed an amended version of House Bill 1087 by an 8-7 vote this morning. The bill moves to the House floor for hearing next week.
The bill would allow school boards to “create, establish and supervise” a “sentinel” program that would arm staff, security or volunteers on school grounds.
“We’re disappointed the committee passed the bill,” Executive Wade Pogany said. ASBSD opposes the bill based on the standing position for "Safe and Secure Schools" which supports keeping “weapons” away from school grounds.
Part of the amendment requires school boards receive the approval of the county sheriff with jurisdiction over the district before implementing the "sentinel" program. The new requirement would shift the local control element proponents of the bill argued school boards had in deciding on the program to the discretion of the county sheriff.
Additionally, the amendment calls for non-law enforcement individuals filling the "sentinel" role to receive only 40-hours of firearms training from law enforcement before carrying the weapon.
The amendment also requires school boards only discuss the “sentinel” program in executive session.
“While we appreciate the attempt to address concerns with the amendment, it simply does not change the fact that this is bad policy,” Pogany said. “We maintain that more firearms in schools make them unsafe.”
“Quotes” of Note
(Quotes span the two-day hearing in House Education on HB 1087.)
“A school filled with young people is an unforgiving environment, where a miss will prove harmful or even deadlier to innocence. You cannot miss.” – Lead-Deadwood School Board member and military veteran Orson Ward.
“After the horrible shooting in Connecticut, I thought, ‘it’s time to do something.’” – Rep. Betty Olson (28B).
“Schools are still safe environments. We plan, we prepare, we practice.” – SASD Executive Director Rob Munson.
“When push comes to shove, the only way, in reality, to stop a bad guy with a gun is a good guy with a gun.” – Rep. Dan Kaiser (3).
“Is it acceptable to let teachers and administrators to carry firearms in a school with children? This is not a debate about local control. Arming teachers and arming administrators is so grave it needs to be decided (in the legislature).” – Executive Director Wade Pogany.
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Legislative news and notes
Posted Wednesday, January 23, 2013
Open meetings law bill amended
A bill that would have subjected appointed sub- and advisory committees to open meetings laws was amended by the House State Affairs committee today.
House Bill 1108 initially introduced an amendment placing sub- and advisory committees under the open meetings umbrella. The committee decided to strike the amendment. Sub- and advisory committees with no sovereign power are not subject to open meetings laws under the bill’s current language.
State Affairs committee members voted unanimously to pass the bill as amended. ASBSD will continue to monitor the bill.
Bus inspection bill passes committee
Senate Transportation committee members voted today to pass Senate Bill 41, which would allow school districts to use an approved inspector to inspect school buses prior to the beginning of a new school year.
The bill expands the requirement that bus inspection be completed only by the highway patrol and allows school districts to choose an “approved inspector” to complete inspections. Approved inspectors would be required to receive training from the highway patrol before they can inspect a school bus.
Highway Patrolman John Browers testified that under the current rule, the highway patrol completes approximately 1,700 bus inspections during a three-week period in June. Browers added that the highway patrol would continue to do scheduled inspections, if asked.
Two bills pass the house
House Bill 1064 allows school districts to implement flexible spending accounts as part of health insurance plans. ASBSD supports the bill. HB 1064 was passed unanimously on Jan. 22.
HB 1018, which is being monitored by ASBSD, revises provisions concerning elections and petitions, including a requirement for independent notarization on an election candidate’s nominating petition. HB 1018 was passed on 66-2 vote.
Each bill will advance to the Senate for committee appointment.
For updates on these bills and other pieces of legislation, check the ASBSD blog and bill tracker.
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A bill summary from the past week
Posted Monday, January 21, 2013
The spotlight was placed firmly on House Bill 1087, which would allow school boards to arm school employees, when it was introduced last week during legislative session.
HB 1087, which ASBSD opposes, will no doubt garner much of the attention this week, but in addition to it there were 11 more bills were introduced last week that ASBSD will be tracking. Here’s a recap of those bills:
Senate Bill 78: Revises provisions of medical requirements for bus drivers transporting passengers exempting them from the physical requirements unless required by their district. ASBSD is monitoring the bill.
Senate Bill 79: Transfers funds from the Game, Fish and Parks fund to the permanent school fund for each acre of school land shown as public hunting land in a GFP published hunting atlas, map or other publication. ASBSD is monitoring the bill.
Senate Bill 80: Repeals legislation requiring impact aid be accounted in the school's general fund and allows the impact aid be accounted for in a separate fund. ASBSD is monitoring the bill.
Senate Bill 91: Reduces contractor's excise tax over a three year period before its full repeal in2016. ASBSD is monitoring the bill and the affect it could have on funding for K-12 education.
Senate Bill 96: Allows school districts with fewer than 100 K-12 students to remain open and autonomous, if it is exercising joint powers or intergovernmental cooperation in education with another school district. ASBSD is in support of the bill.
Senate Bill 98: Revises immunization exemption requirements to encompass a student that has a “personal religious commitment” opposed to the immunization and planning to enter school or an early childhood education program. ASBSD will monitor the bill.
Senate Bill 99: Changes the term "opt out" to "instructional support levy” when school districts publish announcement of reference the additional property tax levy. ASBSD is in support of the bill.
House Bill 1064: Allows school districts to implement flexible spending accounts as part of health insurance plans, which includes the use of debit cards or direct deposits among other methods. Executive Director Wade Pogany testified in support of the bill, which passed through the House Education committee. ASBSD is in support of the bill.
House Bill 1108: Subjects committees appointed by a school board to open meetings laws. ASBSD opposes this bill.
House Bill 1113: Requires any digital communication (email, text message, etc.) involving a quorum of board members be subject to open meetings laws. ASBSD is monitoring this bill.
House Bill 1114: Requires any defamatory information about an individual, who is employed, seeking employment, etc., with a public body be confirmed before it can be publicized. ASBSD is monitoring this bill.
For updates on these bills and other legislation check the ASBSD blog and bill tracker often.
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Changes coming for open meeting laws?
Posted Tuesday, January 8, 2013
During his State of the State Address, Governor Dennis Daugaard referenced the progress of his “Better Government” initiative, which includes more openness in South Dakota government.
“Open government had a banner year in 2012 with the formation of the Open Meeting Task Force,” Daugaard declared during the address.
The task force, appointed by Daugaard and Attorney General Marty Jackley, was charged with examining the state’s open meeting’s laws and drawing up potential legislation for the administration.
ASBSD Executive Director Wade Pogany was a member of the task force and characterized the meetings as a “discussion centered on the balance between allowing more public access to government meetings and records and how local governments can best operate in a public environment,” in the December issue of Policy Matters.
Eight recommended changes to law were made by the task force, but will not necessarily be introduced as legislation by the administration, although during the address Daugaard requested legislators pass the open government bills his administration introduces.
Recommendations that could affect school board operations include:
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Digital communication – text messages, Facebook conversations, etc. – should be considered public information when a quorum of board members discusses official school business.
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Anonymous information about personnel, any individual seeking employment or those receiving benefits shall remain confidential unless substantiated.
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Meetings held by committees or advisory councils appointed by the board, but not given sovereign power may be considered open to the public.
A recommended change to executive session, which would have required the sessions to be recorded and maintained for one-year, was not adopted by the task force. However, Pogany warns the suggested change to executive session could still be introduced as legislation.
ASBSD will monitor any open government bills introduced during session and update our members on how it could relate to school boards.
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Lawmakers endorse law to clarify public records
Posted Tuesday, January 31, 2012
Public entities should have the legal authority to release employee contracts, members of Senate Education decided today. The committee unanimously endorsed SB 106, a measure designed to add clarity to the state’s public records laws.
A state-established commission ruled earlier this year that a school district correctly applied state law by denying a citizen access to a superintendent’s contract. According to the commission’s findings, state law prohibits schools from releasing any personnel records other than salary and routine directory information.
The law put school boards in a difficult position of trying to adhere to the law while also having to refute the implication that the board was withholding information from taxpayers.
Sen. Al Novstrup, R-Aberdeen, is the prime sponsor of the legislation.
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Proposal will clarify law on disclosure of public contracts
Posted Monday, January 23, 2012
Public employee contracts will now be open records, according
to a proposal introduced in the South Dakota Senate.
The bill, filed as SB 106,
comes after the state-established commission ruled last year that a school
district correctly interpreted state law by denying a citizen's request to examine a superintendent's contract. Senate Bill 106 clarifies the state law, making it possible for government
entities to provide copies of individual employment contracts.
Technically, the proposal adds language to a collection of statutes
that exempt records from public disclosure, making it clear that exclusion “does
not apply to the public inspection or copying of any contract with any public
employee or amounts paid or benefits provided to any public employee.”
Sen. Al Norvstrup, R-Aberdeen, and Rep. Nick Moser,
R-Yankton, are prime sponsors of the legislation.
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Amendment improves open records bill
Posted Thursday, February 3, 2011
Thanks to a complete rewrite of the legislation, a measure
aimed at establishing a civil penalty for denying access to public records has
become more workable for government entities that act as custodians of records.
The proposed law, branded as a way to put teeth into our
state’s public records law, is designed to give the public recourse against
government officials who unreasonably deny access to public records.
ASBSD was opposed to the legislation in its original form. As
drafted, SB 101 appeared to circumvent a state process that settles disputes
over whether a record is public. The original version also created the
potential for individuals to be held personally and financially liable for decisions
to deny public records.
As amended, the bill channels contention over public records
through the Office of Hearing Examiners. If the impartial body deems the
records are public, the government entity has 30 days to provide the records or
appeal the decision. If a public entity continues to deny access, a court will
need to determine that the entity acted unreasonably and in bad faith – if so,
the court can award civil penalties not to exceed $50 per day. The change to
the bill also removes individual liability, making the government entity
responsible for unreasonable and bad faith actions.
ASBSD is now monitoring the bill.
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Committee kills internet publishing of minutes
Posted Thursday, February 4, 2010
Lawmakers strongly rejected a proposal Monday to allow
school boards the option to publish minutes online rather than paying to
publish them in paper newspapers.
The measure, HB 1143,
was sponsored by Rep. Roger Hunt, R-Brandon.
Nearly every organization representing public schools
testified in support of the idea, including ASBSD and the Department of
Education. Supporters attempted to cast the bill as a cost-saving measure and a
timely solution for our tech-savvy schools.
The bill’s lone opponent was the South Dakota Newspaper
Association, who argued it was a good value and protected the public from
school districts who may be tempted to change an official record in the face of
public backlash.
While the arguments may have varied slightly, the strength
of legislators’ individual opposition hasn’t changed since the bill was
introduced last year.
“When I look at the costs, a couple thousand dollars offers
a lot of bang for your buck,” Rep. Ryan Olson, R-Onida said. “Probably ranks
right up there with how much [schools] spend on dish soap.”
The committee defeated the legislation on a 9-4 vote.
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Bill broadens definition of open meetings
Posted Friday, January 29, 2010
Meetings of board subcommittees or other entities that
provide input to local school boards would be required to conduct their
meetings in public, according to legislation filed in the Senate.
The measure, SB 104, adds
language to existing open meetings laws. It requires any meeting of any body created
or appointed by statue, ordinance or resolution to be considered an open
meeting and says minutes must be kept.
Under the proposed law, board advisory committees – such as budget
committees and curriculum review committees - would be classified as open
meetings, regardless of whether any school board members serve on the
committee.
The legislation likely stems from recent open meetings
decisions that determined advisory groups are not subject to open meetings
laws, provided a quorum of elected officials don’t serve on the committee and
the advisory group does not have the authority to make decisions.
ASBSD opposes the legislation. Current laws ensure that
business is conducted and decisions are made in public. Extending open meetings
laws to advisory groups would likely deter citizens from serving on district
committees.
Senate Bill 104 also requires that all printed material
created by school officials relating to any item on a meeting agenda must be
available for inspection. Taken in combination with other proposals, the law
would make significant intrusions into the management of public schools.
The legislation seeks to move into the minds of school
district decision makers. It sets a new precedent, suggesting that discussions not conducted during board meetings must be considered open.
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