BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby created the teacher compensation assistance program within the Department of Education to provide funds to school districts for the purpose of assisting school districts with teacher compensation. School districts are eligible to receive funds from the teacher compensation assistance program based on their fall enrollment numbers. The department shall provide four-fifths of the funds for the teacher compensation assistance program to each participating school district. The Board of Education shall promulgate rules, pursuant to chapter 1-26, to create an oversight board appointed by the secretary of education for approval of applications as well as guidelines for district applications based on district instructional goals, market compensation or other specific district requirements as approved by the department. Participation in the program is discretionary. District applications shall be approved by the local board of education. The applications shall be reviewed by the teacher compensation assistance program oversight board and shall be recommended to the Board of Education for final approval.
Section 2. The Teacher Compensation Assistance Program Oversight Board shall annually monitor the progress of participating school districts with their teacher compensation assistance plans, and submit its findings to the Board of Education.
Section 3. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 establishing the application process; application timelines; the guidelines for district applications based on school district instructional goals or market compensation; and a system to monitor the progress of participating school districts with their compensation assistance plans and to ensure that
each participating school district is complying with the plan as submitted to the board.
Section
4.
The secretary of the Department of Education shall establish seven education service
agencies to provide services and leadership to school districts on a regional basis. Each education
service agency shall serve the school districts in a particular region of the state as determined by the
secretary of education, and the secretary shall ensure that every school district is served by an
education service agency. Each education service agency may be incorporated in the state of South
Dakota as a nonprofit corporation organized under chapters 47-22 to 47-28, inclusive, which is
exempt from taxation pursuant to 501(a) of the Internal Revenue Code, 26 U.S.C. Section 501(a),
and may be listed as an exempt organization in Section 501(c) of the Internal Revenue Code, 26
U.S.C. Section 501(c), or an education service agency may be directed by an educational
cooperative.
Section
5.
Education service agencies are hereby authorized and empowered to develop, manage,
and provide support services and programs as determined by the needs of the local school districts
and as approved by the secretary of education. An education service agency may:
employee background checks, grants management services, printing and publication
services, and internship services;
Section 6. Each education service agency shall have an advisory board. The advisory board shall meet at least twice a year, and its membership shall include the superintendent or a designee of the superintendent from every school district served by the agency. The advisory board shall provide guidance to the agency relative to the needs of the school districts and how the education service agency might address those needs.
Section 7. Beginning in 2008, the advisory board for each education service agency shall, upon receiving the approval of the secretary of education, appoint a fiscal agent to oversee the daily operations of the education service agency. Once appointed, the fiscal agent shall serve at the pleasure of the board. However, a board's decision to rescind a fiscal agent's appointment shall be approved by the secretary of education.
Section 8. A statewide leadership board, composed of the fiscal agent from each education service agency and a representative from the Department of Education, shall be created to establish
uniform policies among the education service agencies and to allow for communication and the
exchange of ideas.
Section
9.
Upon receiving approval from the Department of Education, each education service
agency, with input from both the advisory board and the statewide leadership board, may, as funding
permits, contract with other entities to provide services to the school districts it serves.
Section
10.
Each year, the Department of Education shall conduct an assessment and a
performance evaluation of each education service agency and submit its findings in writing to the
Legislature.
Section
11.
The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-
26 establishing the evaluation process and the criteria and performance measures the department will
use to evaluate the education service agencies.
Section
12.
The secretary of the Department of Education shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
Section
13.
For the fiscal year beginning on July 1, 2007, there is hereby appropriated from the
education enhancement tobacco
tax fund the sum of nine million dollars ($
9,000,000
), or so much
thereof as may be necessary, to the Department of Education and shall be distributed as follows:
findings of the two-year study of school funding that was undertaken by the Department
of Education in 2005; and
Section
14.
For the fiscal year beginning on July 1, 2008 and for each fiscal year thereafter, the
secretary of education shall expend nine million dollars of the monies deposited in the education
enhancement tobacco tax fund through the normal budget process as set forth in
§
4-7-9.
Expenditures from the fund shall support the following education programs:
Section 15. For the fiscal year beginning on July 1, 2007, there is hereby appropriated from the general fund the sum of five million dollars ($ 5,000,000 ) to the Department of Education for distribution to school districts through the state aid to general education foundation formula.
An Act to enhance education in the state and to make an appropriation therefor.
I certify that the attached Act originated in the
HOUSE as
Bill
No.
1171
____________________________ Chief Clerk ____________________________ Speaker of the House
Attest:
____________________________ Chief Clerk
____________________________
Attest:
____________________________ Secretary of the Senate
House
Bill
No.
1171
File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________ for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________ Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |