AMENDMENT FOR SENATE EDUCATION COMMITTEE ENGROSSED BILL
1300cd

___________________ moved that HB 1300 be amended as follows:


On the Senate Education Committee engrossed bill, delete everything after the enacting clause and insert:

     "Section 1. That § 13-6-18 be amended to read as follows:

     13-6-18.   Upon receipt of a proposed plan, the secretary of the Department of Education shall review the plan and compare its features with the requirements for school district reorganization as provided in § 13-6-4. The secretary of the Department of Education may call a hearing on the proposal, or request additional information as deemed necessary before his approval or disapproval. He The secretary shall , within thirty days of receiving the proposed plan, notify in writing the school boards of the school districts and boards of county commissioners affected that the proposal is found, or is not found, to be in compliance with the requirements for school district reorganization and the standards and rules adopted by the South Dakota board of education.

     The secretary of the Department of Education may deny approval of a plan when in the superintendent's secretary's judgment the proposed district does not contain enough valuation or enrollment to provide an adequate educational program.

     Section 2. That § 13-6-48 be amended to read as follows:

     13-6-48.   The secretary of the Department of Education shall notify all school boards of each district included in the plan and boards of county commissioners affected if such plan has been approved or rejected by the voters. If the plan was approved by the voters, the secretary of the Department of Education shall , within fourteen days of the election at which the voters approved the plan, issue his order to give effect to such plan. The order shall contain a description of the boundary of each school district, the date that the district shall become operative, the number of school board members to be elected and the county of jurisdiction as provided in § 13-5-14.

     Section 3. That § 13-6-92 be amended to read as follows:

     13-6-92.   If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional three hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional two hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional one hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

     If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional six hundred dollars per fall enrollment as defined in § 13-13-10.1, up to a maximum

of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional four hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional two hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation. However, if as a result of any consolidation after July 1, 2007, a total of no more than twenty-five students are sent to a school district other than the one in which they resided prior to the consolidation, each new or remaining school district is entitled to the additional payments per fall enrollment provided in this section for the first three years after the consolidation, but only on a fall enrollment of twenty-five.

     Section 4. That subdivision (4) of § 13-13-10.1 be amended to read as follows:

             (4)      "Per student allocation," for school fiscal year 2008 2009 is $4,528.80 $4,700.89 . Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

     Section 5. For school fiscal year 2009, for any school district that does not certify to the secretary of education that its average teacher salary and benefits will increase by at least 3.8 percent, and that it will spend at least $58.87 per fall enrollment as defined in subdivision 13-13-10.1(2A) on teacher salaries and benefits in excess of the school district's FY 2008 expenditures on teacher salaries and benefits, increased by the index factor as defined in subdivision 13-13-10.1(3), the per student allocation pursuant to subdivision 13-13-10.1(4) is $4,642.02.

     Section 6. The secretary of education may promulgate rules pursuant to chapter 1-26 to provide for the certifications required in section 5 of this Act."