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REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:
MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1208 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1208 be amended as follows:.

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    On page 1 of the Senate engrossed bill, delete lines 6 and 7, and insert:

"    Section 1. That § 13-10-12 be amended to read as follows:

    13-10-12. Each person over eighteen years of age hired by a school district shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The school district shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The employing school district may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check. However, the school board or governing body may reimburse the person for the fees. Any person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school district is not required to submit to a criminal background investigation as required in this section. In addition, any person employed by a postsecondary technical institute is not required to submit to a criminal background investigation as required in this section, unless the person is a teacher who teaches an elementary or secondary level course in an elementary or secondary school facility, or unless the person is an employee, other than a teacher, whose work assignment includes working in an elementary or secondary school facility.

    The criminal investigation required by this section with respect to a student teacher completing requirements for teacher certification shall be conducted by the school district. A criminal background investigation, of a student teacher, conducted by a school district may be provided to any other school in which the student engages in student teaching. The school district conducting the criminal background investigation of a student teacher may rely upon the results of that investigation for employment of that person as an employee of the district.

    Section 2. That ARSD 24:06:08:01 be repealed.

    Training of school bus drivers and bus attendants. School bus operators must provide annual training for school bus drivers in accordance with the section entitled "Driver" pages 121 to 124 and the section entitled "Bus Attendant" pages 124 and 125, in the National School Transportation Specifications & Procedures, 2005 Revised Edition. In addition, the following provisions apply:



    (1)  The State approved pre-service training program shall include a minimum of two hours of classroom training, which will include knowledge of basic first aid procedures, and two hours of behind-the-wheel training to enable safe and efficient vehicle operation;

    (2)  The annual State approved in-service program shall include a minimum of four hours of classroom and/or behind-the-wheel training.

    Section 3. That chapter 13-29 be amended by adding thereto a NEW SECTION to read as follows:

    Each school bus driver shall receive appropriate training at least once every five years, and the school bus driver shall pay any fees charged for the training. The training shall include classroom instruction in first aid, bus safety, and the management of passengers, and also behind-the-wheel training to enable the safe and efficient operation of the bus.
    
    Section 4. That § 13-43-7.1 be repealed.

    13-43-7.1. If a teacher desires to attend an annual professional association meeting, the school board may authorize attendance at such meeting without loss of pay from regular salary. However, such attendance may not take the teacher away from regular duties for more than two consecutive days preceding any school term. ".


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    On page 4, after line 1 of the Senate engrossed bill, insert:

"    Section 7. That § 13-13-78 be amended to read as follows:

    13-13-78. Terms used in § 13-13-79 mean:

            (1)    "Sparse school district," a school district that meets each of the following criteria:
            (a)    Has a fall enrollment per square mile of 0.50 or less;
            (b)    Has a fall enrollment of five hundred or less;
            (c)    Has an area of four hundred square miles or more;
            (d)    Has at least fifteen miles between its secondary attendance center or centers and that of an adjoining district;
            (e)    Operates a secondary attendance center; and
            (f)    Levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or more; and
            (g)    Has a general fund balance percentage of thirty percent or less excluding revenue received from opting out of property tax limitations pursuant to chapter 10-12;
            (2)    "Sparsity fall enrollment," for sparse school districts with a fall enrollment as defined in § 13-13-10.1 of less than eighty-three or greater than two hundred thirty-two, is calculated as follows:
            (a)    Divide the fall enrollment as defined in § 13-13-10.1 by the area of the school district in square miles;
            (b)    Multiply the quotient obtained in subsection (a) times negative 0.125;
            (c)    Add 0.0625 to the product obtained in subsection (b); and
            (d)    Multiply the sum obtained in subsection (c) times the fall enrollment;
            (3)    "Sparsity adjusted fall enrollment," for sparse school districts with a fall enrollment as

defined in § 13-13-10.1 of at least eighty-three, but no more than two hundred thirty-two, subtract the fall enrollment from two hundred thirty-two. ".

        
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    On page 1 of the Senate engrossed bill, delete lines 14 and 15.

    Delete pages 2 and 3, inclusive

    On page 4, delete line 1.

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    On page 1, line 1, of the Senate engrossed bill, delete everything after "An Act to" and insert "revise the training required for school bus drivers, to eliminate the option for school districts to pay for certain employee background checks and the option to provide paid leave time to teachers attending certain meetings, to allow parents to receive certain notices via electronic mail, and to revise the criteria for sparse school districts.".

    On page 1, delete lines 2 to 4, inclusive.

Respectfully submitted,             Respectfully submitted,

____________________________        ____________________________
Brian Gosch                    Cooper Garnos
House Committee Chair            Senate Committee Chair

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