2013 LEGISLATIVE SUMMARY
Posted Friday, March 8, 2013
A summary of the key bills related to K-12 education, which passed through the legislature, is listed below.
ASBSD will also host three webinar sessions recapping legislative session on Tuesday, March 19, Wednesday, March 20 and Thursday, March 21 at 7 p.m. An email with additional information will be sent next week to board presidents of each member school.
SB 235 – BUILDING SOUTH DAKOTA FUND
Establishes the Workforce Education fund, which receives thirty percent of the dollars collected for the Building South Dakota fund. The dollars would provide a 25 percent increase in state aid for ESL students, funding for CTE programs and potential dollars for education programs preparing students for the workforce.
Awaiting Gov. Daugaard’s signature. ASBSD supported the bill.
SB 158 – TREATMENT CENTER FUNDING
Provides state funding for students placed in a treatment center in a district other than their home district. The bill also clarifies the discrepancy that funding for the student in the treatment center is provided by the home district.
Awaiting Gov. Daugaard’s signature. ASBSD supported the bill.
SB 194 – CAPITAL OUTLAY FUNDS
Extends the sunset date for districts to cover certain expenditures with Capital Outlay dollars until 2018.
Awaiting Gov. Daugaard’s signature. ASBSD supported the bill.
HB 1137 – ENHANCES EDUCATION
Appropriates $5.8 million, which equals $45 per student, in one-time funding for schools for FY13.
Awaiting Gov. Daugaard’s signature. ASBSD supported the bill.
SB 15 – SPECIAL EDUCATION
Adjusts the tax levy and revises provisions of state aid for special education. The maximum level for the special education levy was raised to $1.552 per thousand dollars of valuation and a state aid qualifying level of $1.352. The bill sets the local effort to state aid ratio at approximately 61-39.
The extraordinary cost fund is set at $4 million. Allows school districts to use up to 15 percent of their special education fund dollars to identify K-12 students who need additional academic and behavioral interventions.
Awaiting Gov. Daugaard’s signature. ASBSD monitored the bill.
SB 28 – PROPERTY TAX LEVIES
Provides the annual tax levy adjustment for school district’s general fund. The commercial levy was moved to $9.20 per thousand dollars of valuation– an increase of $0.572 from last year. The agricultural levy was set at $2.09 – a decrease of $0.23 from last year. The levy for owner occupied property was changed to $4.296 – an increase of $0.267 from last year.
Awaiting Gov. Daugaard’s signature. ASBSD monitored the bill.
HB 1165 – PROPERTY TAX LEVIES
Establishes a task force to review ag land's contribution to the local effort ratio of property tax levies for schools.
Awaiting Gov. Daugaard’s signature. ASBSD monitored the bill.
SB 96 – JOINT POWERS AGREEMENTS
Allows school districts with enrollments 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.
Awaiting Gov. Daugaard’s signature. ASBSD supported the bill.
HB 1164 – INNOVATION GRANT
Appropriates $500,000 in one-time funding for an innovation grant program for teachers, school districts or ESAs to utilize technology in creative and innovative ways to enhance learning and achievement of their students.
Awaiting Gov. Daugaard’s signature. ASBSD monitored the bill.
SB 233 – CRITICAL TEACHING NEEDS SCHOLARSHIP
Appropriates $1.5 million dollars for the establishment of the Critical Teaching Needs Scholarship program. The scholarship would subsequently be funded from the critical teaching needs trust fund after the initial appropriation. A variety of criteria would be used to award scholarship dollars to students enrolled in critical need teaching areas to encourage them to stay in South Dakota.
Awaiting Gov. Daugaard’s signature. ASBSD monitored the bill.
HB 1087 – “SENTINEL” PROGRAM
Allows school boards to implement Sentinel program, which arms individuals, other than law enforcement agents, with guns in and on school property. Individuals taking the Sentinel role have to complete 40-hours of firearms training. Approval of a local law enforcement agency before implementation of a program is required. A board’s decision can be referred to a vote by constituents.
Signed by Gov. Daugaard. ASBSD opposed the bill.
Categories:2013 Legislative Session, State Aid, School Funding, Capital Outlay, School Safety, Taxation, SPED, Small Schools, Comments (0) | Link to this story | Send to a friend | Print Story
Off to see the Governor
Posted Friday, March 8, 2013
Three bills with important implications for K-12 education are headed to Gov. Dennis Daugaard’s desk for final approval after Representatives and Senators voted to pass conference committee recommendations.
Senate Bill 28: The amended version of the bill adjusting general fund property tax levies for school districts passed the House and Senate by 62-5 and 29-5 votes, respectively.
The commercial levy was moved to $9.20 per thousand dollars of valuation– an increase of $0.572 from last year. The agricultural levy was set at $2.09 – a decrease of $0.23 from last year. The levy for owner occupied property was changed to $4.296 – an increase of $0.267 from last year.
Senate Bill 15: The increase to the special education levy for school districts passed the House by a 63-3 vote and the Senate at 25-9.
The maximum level for the special education levy was raised to $1.552 per thousand dollars of valuation and a state aid qualifying level of $1.352. These points were included in the original proposal of SB 15.
The bills acted as a vehicle for school districts to receive the proposed three percent increase in state aid. Representatives of Gov. Daugaard’s administration warned in prior committee hearing testimony if either levy bill failed to pass the state aid increase would be in jeopardy.
Senate Bill 235: The omnibus economic development moved through the House and Senate with little resistance. Representatives voted 60-6 and Senators 31-2.
“We as a legislation managed to come together and work together to find a bipartisan compromise,” Sen. Corey Brown (23) said.
SB 235 would create the Building South Dakota fund, which would in turn establish the Workforce Education fund.
Thirty percent of the dollars collected – from fund projects tax revenue and from unclaimed property revenue from banks – for the Building South Dakota fund would be appropriated to the Workforce Education fund.
The dollars would provide a 25 percent increase in state aid for ESL students, funding for CTE programs and potential dollars for education programs preparing students for the workforce.
A conference committee met to fine tune the bill and attached amendments that included a $7 million one-time funding start up for the Building South Dakota, would not allocate dollars for the fund if the state did not provide the annual increase to K-12 education or Medicaid and added a provision that the state aid increase for ELL students for fiscal years 2014, 2015 and 2016 before transferring the increase to the general fund.
ASBSD Executive Director Wade Pogany was encouraged by the progress made in the legislation for K-12 education today.
“I think this definitely signifies a change in the mentality of the legislature on how schools are funded,” Pogany said. “These bills are a big step in the right direction for K-12 education funding.”
For updates on these bills, check the ASBSD blog and bill tracker.
Categories:2013 Legislative Session, State Aid, Taxation, SPED, Economic Impact, Comments (0) | Link to this story | Send to a friend | Print Story
Levy bills passed by Reps.
Posted Tuesday, March 5, 2013
House of Representatives passed amended versions of property tax levy bills for the general and special education funds back to the Senate.
Amendments to the bills inflated their land valuation, but left levy rates the same as passed by House Appropriations committee members.
Senate Bill 28 adjusts property tax levies for the general fund of a school district with the commercial levy at $9.163, up $0.535, decreases the agricultural levy by $0.24, to $2.082, and increases the owner-occupied levy by $0.25, up to $4.279.
Senate Bill 15 calls for an increase of $.05 for the SPED levy. In the current version, levies would be set at $1.25 per thousand dollars of taxable valuation for the qualifying level and $1.45 for the maximum level.
SB 15 also allows school districts to use up to 15 percent of their special education fund dollars to identify K-12 students who need additional academic and behavioral interventions and caps the Extraordinary Cost Fund at $5.5 million.
Administration representatives have noted in committee hearings that each bill is needed for school districts to receive the proposed three percent increase in state aid.
Each bill is expected to be referred to conference committee. ASBSD is monitoring the bills.
For updates on SB 15 and 28, check the ASBSD blog and bill tracker.
Categories:2013 Legislative Session, Taxation, State Aid, SPED, Comments (0) | Link to this story | Send to a friend | Print Story
Funding front and center in final week
Posted Tuesday, March 5, 2013
The final week of legislative session got underway on Monday without a major decision made.
Last week, State Economist Jim Terwilliger and LRC Chief Fiscal Analyst Fred Schoenfeld presented appropriators with an updated picture of state revenue and a decision was expected on which set of projections to adopt. Appropriators, however, postponed the decision until today.
Monday wasn’t without progress though, as House Appropriations committee members passed or deferred a variety of K-12 related funding bills.
One-time funding for K-12 introduced
House Appropriators took the first step in providing one-time dollars for school districts with amendments to two bills – Senate Bills 90 and 138.
Appropriators attached amendments to each bill for $5.8 million in one-time funds for K-12 schools and $200,000 for CTE programs. The one-time funding for K-12 education would result in $45 per student.
SB 90 would revise the General Appropriations Act for fiscal year 2013 and SB 138, which was previously a vehicle bill, calls for an appropriation to enhance education by revising the General Appropriations Act for fiscal year 2013.
“This is a really good sign for schools,” Executive Director Wade Pogany said of the proposed on-time appropriation. “ We’ll wait to see how things shake out with funding, but the proposal is encouraging.”
SPED levy amended
Committee members voted to amend the property tax levies for the special education fund set in Senate Bill 15.
Levies were initially proposed to be raised by $0.15, but appropriators changed the increased amount to $.05. In the current version, levies would be set at $1.25 per thousand dollars of taxable valuation for the qualifying level and $1.45 for the maximum level.
Rep. Dean Wink (29) said the amendment is “just to keep (the bill) in play.”
S.D. Chief Financial Officer Jason Dilges said if SB 15 did not pass the state would have to pick up the dollars lost or the proposed increase for the per-student allocation would be decreased.
SB 15 also allows school districts to use up to 15 percent of their special education fund dollars to identify K-12 students who need additional academic and behavioral interventions and caps the Extraordinary Cost Fund at $5.5 million.
ASBSD is monitoring the bill.
Levy bill advanced
The vehicle bill for schools to receive the proposed three percent increase was passed on by appropriators.
Senate Bill 28 adjusts property tax levies for the general fund of a school district with the commercial levy at $9.163, up $0.535, decreases the agricultural levy by $0.24, to $2.082, and increases the owner-occupied levy by $0.25, up to $4.279.
“(SB 28) is needed to provide the three percent increase,”Terwilliger testified.
ASBSD is monitoring the bill.
For updates on funding legislation, check the ASBSD blog and bill tracker.
Categories:2013 Legislative Session, School funding, SPED, Taxation, Comments (0) | Link to this story | Send to a friend | Print Story
From Education to Appropriations
Posted Thursday, February 28, 2013
House Education committee members deferred four K-12 related funding bills to the House Appropriations committee on Wednesday, which marked the committee’s last time discussing bills.
SPED levy bill discussed
Committee members unanimously voted to defer Senate Bill 15, which adjusts property tax levies for the special education fund of a school district and allows the use of 15 percent of special education fund dollars for special services, to appropriations.
SB 15 proposes the tax levy for special education be raised by $0.15, with the maximum level set at $1.552 per thousand dollars of taxable valuation and the state aid qualifying level at $1.352.
The levies are being raised to account for an increase in SPED students and the flattened land valuations. A state-to-local effort ratio would be set at approximately 39-61 percent, which DOE Finance Director Tammy Darnall said had been about the average ratio since 2008.
“We need to set a path and follow it to help the formula be sustainable,” Darnall said.
Darnall noted the tax levy ratio for special education hadn’t been “followed very closely” by the state in recent years and going forward it would be set annually, resembling the general education formula.
SB 15 also allows school districts to use up to 15 percent of their special education fund dollars to identify K-12 students who need additional academic and behavioral interventions and caps the Extraordinary Cost Fund at $5.5 million.
ASBSD is monitoring the bill.
ESL funding adjustment supported
Senate Bill 159, which provides school districts with increased state aid for each Limited English Proficiency student, was referred on a 15-0 vote by committee members.
“This (funding shortfall) is a problem. It’s a real problem with a great solution,” Executive Director Wade Pogany testified. “(SB 159) will impact every one of your districts.”
Initially the bill provided a 25 percent increase in state aid, but an amendment was introduced and passed that lowered the increase to 1 percent. The decrease is considered temporary until legislators have a better idea of available funding towards the end of session.
Rep. Mark Mickelson (13) said the 25 percent increase requested “is less than the actual cost” needed. Rep. Mickelson said a 25 percent increase would provide approximately $1,100 per ESL student.
ASBSD supports the bill.
Proposed scholarship program sent on
On a 12-3 vote, committee members referred Sen. Tim Rave’s (25) bill to establish a critical needs teaching scholarship.
Currently, Senate Bill 233, which creates a trust fund program for student’s entering the teaching profession in a critical needs curriculum area and staying in the state after completing their degree, has $1 attached to it.
Sen. Rave has requested $5 million in one-time dollars from the general fund to start the scholarship’s trust fund, which would supply 11-15 scholarships each year.
ASBSD is monitoring the bill.
Vehicle bill amended before referral
Committee members hoghoused Senate Bill 138 – a vehicle bill for K-12 education – and referred it on a 14-1 vote.
The amended version of SB 138 now simply is “an act to enhance education.” The previous version of the bill revised certain provisions regarding educational data reporting.
ASBSD is monitoring the bill.
For updates on the progress, or lack thereof, in House Appropriations, check the ASBSD blog and bill tracker.
Categories:2013 Legislative Session, SPED, State Aid, ESL, Education Funding, Comments (0) | Link to this story | Send to a friend | Print Story
A Hoghouse in Appropriations
Posted Wednesday, February 20, 2013
Two bills received big changes at Tuesday’s Senate Appropriations committee hearing that will in turn have big effects on K-12 funding.
Committee members passed an amended version of Senate Bill 28 on a 6-2 vote. SB 28 revises the property tax levies for school districts’ general and special education funds.
The bill is a mash up of SB 28, which in its previous version only adjusted the general fund levy, and Senate Bill 15, which was initially the levy bill for special education.
SB 28 presents a predicament because it raises the tax levy for special education by $0.15 – the maximum level would be set at $1.552 per thousand dollars of taxable valuation and state aid qualifying level at $1.352 – and also provides the three percent increase for schools proposed by the governor.
State Economist Jim Terwilliger previously testified that if the special education levy is not increased the “state would be picking up a higher percentage” of special education funding, which jeopardizes the proposed three percent increase.
“It’s a difficult situation because if we oppose the tax increase to the special education levy we lose the three percent increase schools desperately need,” Executive Director Wade Pogany said.
General education levies would see a raise to the non-agricultural levy of $0.535, up to $9.163 per thousand dollars of valuation, a decrease of $0.24, down to $2.082 for the agricultural levy and an increase to the owner-occupied levy of $0.25, up to $4.279.
SB 28 would also set the special education state-to-local effort proportion at 39-61 percent, respectively, and caps the Extraordinary Cost Fund at $5.5 million. Districts can apply for ECF dollars with a fund balance at 10 percent, which is up from the five percent level previously allowed.
New look for 15
The hoghouse of SB 28 led to an overhaul of Senate Bill 15. The bill now allows school districts to use up to 15 percent of their special education fund dollars to identify K-12 students who need additional academic and behavioral interventions and prevent them being identified as having a learning disability.
School districts would apply for approval from the Department of Education to use the funds for intervention and would not be able to apply for ECF dollars for three years.
Each bill will be heard on the Senate floor this afternoon and must be passed to the House or deferred by the end of the day. For updates on the bills, check the ASBSD blog and bill tracker.
Categories:2013 Legislative Session, Taxation, State Aid, SPED, Comments (0) | Link to this story | Send to a friend | Print Story
Funding at the forefront
Posted Tuesday, February 12, 2013
Senate Appropriations
Wednesday marks a big day in Senate Appropriations, both literally and figuratively. Committee members have 16 bills on the docket, including six bill hearings and two that could be acted on related to K-12 education funding.
Here’s a breakdown of the bills:
Senate Bill 28: The vehicle for an increase to property tax levies for a school district’s general fund. The bill calls for a raise to the non-agricultural levy of $0.535, up to $9.163 per thousand dollars of valuation, a decrease of $0.24, down to $2.082 for the agricultural levy and an increase to the owner-occupied levy of $0.25, up to $4.279. ASBSD is monitoring the bill.
Senate Bill 191: Provides the proposed three percent increase to state aid. The bill would increase the per-student allocation to $4,626.65 for the 2013-14 school year. ASBSD supports the bill.
Senate Bill 193: Changes the language of the state aid increase from "less" to "more" as it relates to schools receiving an annual percentage increase or the change in CPI-W. The bill does not set a cap on the percentage increase for state aid. ASBSD supports the bill.
Senate Bill 196: Modifies the state aid increase to general and special education by adjusting increase to be based on the projected state general fund increase or CPI-W change, whichever is greater. The increase would be capped at six percent. ASBSD supports the bill.
Senate Bill 229: Appropriates $1.5 million in one-time dollars from the general fund to school districts for Career and Technical Education programs. ASBSD is opposed to the bill.
Senate Bill 233: Establishes 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. The program would receive $5 million from the general fund to start a trust fund for the program. ASBSD is monitoring the bill.
Votes could be cast on Senate Bill 15 and 188, as well. Each bill had hearings last week (Feb. 7).
SB 15 calls for the tax levy for special education be raised to $1.53 per thousand dollars of taxable valuation and would set the state’s qualifying levy at $1.33 per thousand dollars of taxable valuation and would set a $4 million cap on the extraordinary cost fund. ASBSD is monitoring the bill.
SB 188 would provide $500,000 in funding, taken from the general fund, for the Teach for America grant program. Proponents of the bill testified it would allow TFA to 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.
House Appropriations
Two bills will appear before the House Appropriations committee tomorrow after being passed and referred to appropriations by the House Education committee last week.
House Bill 1166 would reward teachers in school districts with bonuses based on the percentage of graduates not taking remediation courses upon entering higher education. The bill calls for up to $1 million, taken from the general fund, for the rewards. The rewards are not ongoing.
HB 1172 calls for the appropriation of $1.5 million from the general fund in the form of one-time dollars for school districts to use on career and technical education courses.
Combined, the two bills would offer $2.5 million in one-time funds from the pool of $26.5 million in excess general funds not appropriated in Gov. Dennis Daugaard’s budget proposal.
ASBSD is opposed to both bills due to its removal of dollars from the general fund.
Categories:2013 Legislative Session, State Aid, Taxation, SPED, Education Funding, CPI-W, Comments (0) | Link to this story | Send to a friend | Print Story
ASBSD Weekly Legislative Roundup
Posted Friday, February 8, 2013
The fifth week of legislative session was littered with a variety bills for K-12 education (check past week’s posts) with a hearing on a bill that would adjust special education funding concluding the week.
Senate Bill 15 calls for the adjustment of the tax levy for special education to be raised to $1.53 per thousand dollars of taxable valuation and would set the state’s qualifying levy at $1.33 per thousand dollars of taxable valuation.
SB 15 would aim at establishing a 61-39 local effort to state funding ratio for special education. Testimony by state representative suggested the ratio had fluctuated annually.
“One year the state might have picked up a little bit more, one year the locals might have picked up a little bit more,” Department of Education Director of Finance Tammy Darnall said.
State Economist Jim Terwilliger said if the levy is not increased the “state would be picking up a higher percentage” of special education funding. Terwilliger added that a bill should have been introduced annually addressing the special education levy.
“We have not been as diligent at adjusting this levy as we should have been,” Darnall said.
The bill would also set a $4 million cap on the extraordinary cost fund, which Darnall said had “seen significant increases” recently, with a review of every three years. An amendment introduced would allow school districts to apply for ECF dollars with a higher fund balance level than previously allowed.
ASBSD will continue to monitor the bill. For updates check the ASBSD blog and bill tracker.
For additional information on the legislative session, and on ASBSD, check out the February Bulletin, which has an in-depth review of the first 20 days of session.
“Quotes” of Note
“It is too soon. I hope we can put this issue to bed… and continue to lift up this great profession.” – Sen. Mark Johnston (12) said about a bill that would allow school districts to opt-out of continuing contracts.
“We need to find a way to fund (teachers) appropriately year-to-year.” Rep. Paula Hawks (9) said during discussion special project funding bill.
“Our preference would be to eliminate the ‘100 student’ rule completely.” Executive Director Wade Pogany testified during a hearing on a bill that decrease funding for schools with an enrollments under 100.
“Everyone, generally, thought (the scholarship) was a good idea.” Sen. Tim Rave (25) said about a bill that would establish the scholarship program for students entering critical needs teaching areas, which originated from House Bill 1234.
Past Week’s Posts
Senate Ed. acts on three bills
News and notes
Information to remain offline
Funding change for “Under 100” deferred
Categories:2013 Legislative Session, SPED, Taxation, Comments (0) | Link to this story | Send to a friend | Print Story
Back to it
Posted Tuesday, January 15, 2013
South Dakota’s 88th legislative session kicks off its second week this morning. The second meeting of the Senate Education Committee meeting leads off the day with Secretary of Education Melody Schopp will be presenting the DOE’s educational outcomes plan for the coming years.
Last week saw 133 bills filed, but a mere six listed under education according to the South Dakota Legislative Research Council website. ASBSD is continuing to monitor all bills with the potential to affect K-12 education.
One of those bills is Senate Bill 15, which proposes an increase to the special education tax levy imposed by districts, but caps the extraordinary cost fund provided by the state at $4 million and does not provide an increase in funding for each disability category. Read more about it here.
Check the blog daily for updates from legislative session.
School Board Recognition Week
This week marks South Dakota's School Board Recognition Week.
School Board Recognition Week is your district’s opportunity to publicly thank the men and women who serve on your local board of education. We hope it will be a time your students, staff and community share their appreciation for the leadership provided by school board members.
ASBSD has assembled a toolkit with multiple pieces that can help your district celebrate your board.
As part of the week’s festivities, Executive Director Wade Pogany and Leadership Development Director Julie Ertz will present the Wall School Board with a plaque and cash award on Saturday, January 19 for being chosen the 2013 ASBSD School Board Award of Excellence winner.
Categories:2013 Legislative Session, ASBSD, School Funding, SPED, Comments (0) | Link to this story | Send to a friend | Print Story
ASBSD Legislative Roundup
Posted Friday, January 11, 2013
The first week of the 2013 legislative session is complete and a total of 133 bills have been introduced, but, so far, legislation related to K-12 education has been minimal. As we know, however, that will change.
One piece of legislation already introduced that ASBSD is closely monitoring is Senate Bill 15. The bill proposes an increase to the special education tax levy imposed by districts, but caps the extraordinary cost fund provided by the state at $4 million and does not provide an increase in funding for each disability category.
The result of these changes could be an increase in the amount of local effort provided for special education funding. ASBSD will continue to monitor the bill and provide updates on it, as well as other important pieces of legislation as they are introduced.
Note: ASBSD’s Bill Tracker will be populated with bills being monitored by ASBSD and will be fully functional on Monday. If you have questions, please contact Tyler Pickner at tpickner@asbsd.orgor at 605-881-3791.
“Quotes” of Note:
Statements made from the week’s testimony, speeches, social media updates and more.
“As other states are looking to cut, we can look where to spend these dollars.” – Gov. Dennis Daugaard said during his State of the State address.
“There’s still concern out there that we need to secure a long-term funding source for education.” – Senator Billie Sutton of District 21 said in an interview with SDPB following the State of the State address.
“Whether there’s enough to pass anything (ongoing funding for schools), I don’t know, but I think there will be some interest in trying to put it in ongoing — a small amount.” – Rep. Dan Dryden said in an Argus Leader story posted Friday.
“Students that don’t take senior math show up to our door rusty.” – BOR Executive Director Jack R. Warner said during his presentation in front of the House Education Committee on Friday.
“We want all of our K-12 students to be ready for life.” – Secretary of Education Melody Schopp said while presenting at Wednesday’s House of Education Committee.
Past Week Posts:
Daugaard opens session with State of the State Address
Changes coming to open meeting laws?
Meet the House and Senate Education Committees
Alphabet Soup and ASBSD
Categories:2013 Legislative Session, ASBSD, School Funding, SPED, Taxation, House Education Committee, Comments (0) | Link to this story | Send to a friend | Print Story
Governor signs laws offering SPED funding flexibility
Posted Friday, February 19, 2010
Local school districts with have greater autonomy in
spending federal special education funds, according to a pair of bills signed
into law this week.
Gov. Mike Rounds has put his signature on House Bills 1020
and 1021, two pieces of legislation brought by the South Dakota Department of
Education that won near unanimous approval from legislators.
Under House Bill 1020, districts would be able to transfer
up to 50 percent of an increased IDEA allocation to any other district fund,
provided the transferred money is used in accordance with the federal Elementary
and Secondary Education Act. In most cases, districts will use the new
authority to transfer some of the two-year IDEA boost provided through the
American Recovery and Reinvestment Act.
House Bill 1021 provides schools with an additional leeway
in spending IDEA money, allowing districts to transfer federal money to the
capital outlay fund in order to purchase equipment that can be used for special
education purposes.
Both bills were passed with emergency clauses attached,
meaning schools can legally make the transfers now.
Categories:2010 Legislative Session, SPED, School Funding, Comments (0) | Link to this story | Send to a friend | Print Story
House committee endorses additional special education funds flexibility
Posted Thursday, January 21, 2010
It took a little time for lawmakers to get their messaging straight, but members of House Education gave unanimous approval Wednesday to a proposal that would allow federal special education dollars to be used for capital purchases related to special education.
With the flexibility provided by HB 1021, schools will be able to use federal IDEA funds to make capital purchases – computers, interactive SMART boards and other equipment – as long as the purchase goes to support special education.
Tami Darnall, the education department's finance director, told lawmakers that federal law already gives schools the option, but state laws restrict the practice.
Committee members weren't opposed to legislation; they were just trying to fend off concerns raised Tuesday as the House debated HB 1020, a measure that would allow schools the opportunity to transfer some stimulus special education dollars to other funds.
During floor discussion Tuesday, lawmakers raised concerns that the legislation would set a dangerous precedent.
Rep. Nick Moser, R-Yankton, feared that schools may rely more on special education dollars to pay general fund expenses.
“I hope it's not a situation that we're doing that at the expense of some of our special education students,” Moser said.
Moser and other concerned lawmakers advocated for a sunset clause on HB 1020, similar to the language added to legislation adopted last year that granted additional capital outlay flexibility. That option wasn't supported, and the House passed HB 1020 Tuesday with only eight dissenting votes.
But Tuesday's debate obviously impacted education committee members during Wednesday's discussion on HB 1021.
Darnall had to assure lawmakers that appropriate checks are in place to protect special education students. She said expenses would be reviewed by special education and finance officials at the state level and that the department will consider how schools have used the new authority in the event a school applies to the special education extraordinary cost fund.
Once satisfied that the bill didn't divert dollars from special education, lawmakers added language to make the law effective once the governor signs the bill and then endorsed the measure.
Categories:2010 Legislative Session, SPED, Comments (0) | Link to this story | Send to a friend | Print Story
House committee grants special ed flexibility
Posted Friday, January 15, 2010
The House Education committee on Friday unanimously endorsed legislation to allow school districts to transfer some federal special education funding to other funds. The bill (HB 1020) is being pitched by the Department of Education.
If the flexibility passes the state house, districts can transfer local SPED funds in an amount not greater than 50 percent of its annual increase in federal IDEA dollars to any other fund. The funds could be used to carry out any activities allowable under the Elementary and Secondary Education Act. Districts that use the flexibility lose the safety net of applying to the extraordinary cost fund.
Tami Darnall, finance director for the education department, told lawmakers the spending flexibility would be useful for districts who are tying to spend special education funds authorized by the American Recovery and Reinvestment Act. The funds have a 2011 use-it-or-lose it clause, she said.
The Department of Education talked last summer about making the change via administrative rule, but that plan was panned after critics said the Legislature should weigh-in on the matter.
The idea met little resistance Friday. After asking a few clarification questions, members of House Education passed the legislation on a 14-0 vote.
Categories:2010 Legislative Session, Federal Stimulus, SPED, Comments (0) | Link to this story | Send to a friend | Print Story