75ma

___________________ moved that SB 75 be amended as follows:

     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. The South Dakota Department of Education may enter into agreements with the responsible parties from states bordering South Dakota for the purpose of allowing an open enrollment policy between South Dakota and the states of Wyoming, Nebraska, Iowa, Minnesota, North Dakota, and Montana.

     Section 2. An agreement entered pursuant to section 1 of this Act must specify the following:

             (1)    For students who are not residents of South Dakota, the open enrollment policy applies only to students whose resident school district borders South Dakota;

             (2)    For any state that open enrolls more students into South Dakota than South Dakota open enrolls into that other state, South Dakota will pay the receiving state an agreed upon amount for the net number of children open enrolled into that other state;

             (3)    For any state that open enrolls fewer students into South Dakota than South Dakota open enrolls into that other state, that other state will pay South Dakota an agreed upon amount for the net number of children open enrolled into South Dakota.

     Section 3. An agreement entered into pursuant to section 1 of this Act may specify additional terms for students who may be subject to the provisions of chapter 13-37.

     Section 4. For the purpose of state aid to education distributed pursuant to chapter 13-13, students open enrolled into South Dakota are included in the receiving school district's average daily membership.

     Section 5. The Department of Education may promulgate rules pursuant to chapter 1-26 to provide for open enrollment between states pursuant to this Act.".