HB 1007 repeal certain outdated and obsolete statutes regarding the De...
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State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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400T0317
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HOUSE BILL NO. 1007
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Introduced by: The Committee on Education at the request of the Department of Education
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FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete statutes regarding
the Department of Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-3-24 be repealed.
13-3-24. It shall be the duty of the county auditor to keep a record of all apportionments of
state and county school funds and such other statistical records as shall be required in making
reports to the secretary of the Department of Education.
Section 2. That § 13-3-85 be repealed.
13-3-85. The Department of Education is hereby directed to review Project Lead the Way
or other similar project-based curriculum in the areas of science, technology, engineering, and
math in the state's middle and high schools. The purpose of the curriculum is to make math and
science relevant for students by providing them with hands-on, real-world experiences.
Section 3. That § 13-3-86 be repealed.
13-3-86. The Department of Education shall develop plans for a clearinghouse for youth
internships, pre-apprenticeships, mentoring opportunities, and other educational experiences
outside of the classroom that are available to middle and high school students within the state's
research, science, and technology infrastructure. The purpose of the clearinghouse is to facilitate
coordination among the middle schools, high schools, postsecondary technical institutes,
universities, and the businesses and industries that offer these educational experiences, and to
make students aware of the many unique opportunities available to them in South Dakota in the
areas of research, science, and technology. To further capitalize on the talent and resources of
the state's science and technology community, opportunities for professional development for
teachers may also be coordinated through the clearinghouse.
Section 4. That § 13-3-87 be repealed.
13-3-87. The secretary of the Department of Education shall develop a framework for
building a high school for the twenty-first century. The framework shall outline the
characteristics of a high school for the twenty-first century and the activities in which high
schools can participate to develop those characteristics.
Section 5. That § 13-3-88 be repealed.
13-3-88. The secretary of the Department of Education shall develop a framework for
entrepreneurship experiences for utilization at the middle and high school levels. The
framework shall include standards aimed at equipping students with the skills they need to be
successful entrepreneurs and performance indicators to measure entrepreneurial success.
Section 6. That § 13-13-10.6 be repealed.
13-13-10.6. 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 three
percent, and that it will spend at least $22.64 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 7. That § 13-13-10.7 be repealed.
13-13-10.7. The secretary of education may promulgate rules pursuant to chapter 1-26 to
provide for the certifications required in § 13-13-10.6.
Section 8. That § 13-13-11.1 be repealed.
13-13-11.1. For the purpose of distributing state aid to education under the provisions of
§§ 13-13-10.1 to 13-13-41, inclusive, funds received from the federal government under the
provisions of P.L. 103-382, title VIII for basic support shall be included in total general fund
revenue at the times the funds are transferred from the school district P.L. 103-382, title VIII
fund to the school district funds. For the purposes of distributing state aid to special education
under the provisions of § 13-37-36.1, funds received from the federal government under the
provisions of P.L. 103-382, title VIII add on for children with disabilities shall be deposited into
the school district special education fund.
Section 9. That § 13-13-66 be repealed.
13-13-66. Notwithstanding the provisions in §§ 13-13-52, 13-13-53, 13-13-53.1, and 13-13-54 regarding educational salaries and benefits, §§ 13-13-57 and 13-13-58 regarding personal
property tax replacement, § 13-26-2.3 regarding teacher inservice, §§ 13-33-14, 13-33-15, and
13-33-16 regarding gifted education, the Department of Education shall apportion state aid to
schools in the following manner:
(1) The amount established in the general appropriation act for state aid for special
education shall be distributed to eligible school districts in accordance with §§ 13-37-24 and 13-37-24.1 and subtracted from the total amount appropriated in the General
Appropriations Act for state aid to education; and
(2) The sum of:
(a) The amount established in the General Appropriations Act for purposes of
state aid for instructional television;
(b) The amount established in the General Appropriations Act for purposes of
state aid for school food services;
(c) The amount established in the General Appropriations Act for purposes of
state aid for postsecondary vocational education;
(d) The amount established in the General Appropriations Act for purposes of
National Guard tuition reimbursement;
(e) The amount established in the General Appropriations Act for purposes of
state aid for youth at risk (alternative schools);
(f) The amount established in the General Appropriations Act for purposes of
state aid for auxiliary placement and tuition;
(g) The amount established in the General Appropriations Act for purposes of
reorganization incentives; and
(h) The amount established in the General Appropriations Act for purposes of
second-chance payments;
shall be subtracted from the total amount in the General Appropriations Act for state aid to
education. The amount of state aid remaining shall be known as the school aid transition fund.
Section 10. That § 13-13-67 be repealed.
13-13-67. The school aid transition fund shall be apportioned as follows:
(1) The amount which was paid to school districts in fiscal year 1995 under the
foundation program multiplied by 1.031 and known as transition formula aid;
(2) The sum of:
(a) The amount which was paid to school districts in fiscal year 1995 for personal
property tax replacement in accordance with §§ 13-13-57 and 13-13-58;
(b) The amount which was paid to school districts in fiscal year 1995 for
education salaries and benefits in accordance with §§ 13-13-52, 13-13-53, 13-13-53.1, and 13-13-54;
(c) The amount which was paid to school districts in fiscal year 1995 for teacher
inservice in accordance with § 13-26-2.3;
(d) The amount which was paid to school districts in fiscal year 1995 for gifted
education in accordance with § 13-33-15; and
(e) The amount which was paid to school districts and multidistrict centers in
fiscal year 1995 under the provisions of §§ 13-39-19, 13-39-53, 13-39-56, and
13-39-57 for secondary vocational education.
The total of subsections (2)(a) to (2)(e), inclusive, in this section shall be known as transition
categorical aid.
The sum of transition formula aid and transition categorical aid shall be subtracted from the
school aid transition fund.
Section 11. That § 13-13-69 be repealed.
13-13-69. The Department of Education shall distribute the proceeds in the school aid
transition fund to each eligible school district according to the following calculations:
(1) A base amount equal to the district's fiscal year 1995 allocation under the foundation
program multiplied by 1.031 and known as transition formula aid; and
(2) The sum of:
(a) The amount paid to the district in fiscal year 1995 for personal property tax
replacement in accordance with §§ 13-13-57 and 13-13-58;
(b) The amount paid to the district in fiscal year 1995 for education salaries and
benefits in accordance with §§ 13-13-52, 13-13-53, 13-13-53.1, and 13-13-54;
(c) The amount paid to the district in fiscal year 1995 for teacher inservice in
accordance with § 13-26-2.3;
(d) The amount paid to the district in fiscal year 1995 for gifted education in
accordance with § 13-33-15; and
(e) The amount paid to the district in fiscal year 1995 under the provisions of
§§ 13-39-19, 13-39-53, 13-39-56, and 13-39-57 for secondary vocational
education.
The sum of subsections (2)(a) to (2)(e), inclusive, in this section shall be known as transition
categorical aid.
Section 12. That § 13-13-70 be repealed.
13-13-70. Notwithstanding the provisions in §§ 13-13-52, 13-13-53, 13-13-53.1, and 13-13-54 regarding educational salaries and benefits, §§ 13-13-57 and 13-13-58 regarding personal
property tax replacement, § 13-26-2.3 regarding teacher inservice, §§ 13-33-14, 13-33-15, and
13-33-16 regarding gifted education, the Department of Education shall distribute the school
aid transition fund for the 1996B school fiscal half-year to each eligible school district equal to
the sum of the following calculations multiplied by 0.5:
(1) A base amount equal to the district's FY 1996 allocation of transition formula aid
multiplied by 1.030; and
(2) An amount equal to the district's FY 1996 allocation of transition categorical aid.
The Department of Education shall distribute the remaining funds available in the school
aid transition fund for the 1996B school fiscal half-year as provided in §§ 13-13-55 and 13-13-56 for growth factor funds.
Section 13. That § 13-16-30 be repealed.
13-16-30. Any funds received from the federal government under the provisions of P.L. 103-382, title VIII for basic support may be deposited into the P.L. 103-382, title VIII fund.
Section 14. That § 13-16-31 be repealed.
13-16-31. The P.L. 103-382, title VIII fund shall serve as a fund from which transfers shall
be made to the funds enumerated in § 13-16-2. A school district may not make expenditures out
of its P.L. 103-382, title VIII fund. Transfers out of the P.L. 103-382, title VIII fund shall be
made at the discretion of the school board.
Section 15. That § 13-30-4 be repealed.
13-30-4. When a student is entitled to a transportation allowance but transportation or bus
service is not practicable, the school board shall pay room and board in lieu of transportation
for those students who are boarded away from home to attend a public school at the rate per
month as determined by the school board. However, any student who either attends, or is
required under any provision of this title to attend at any school in his own district where
dormitory facilities are furnished and available for him, shall not be entitled to any allowance
for board and room.
Section 16. That § 13-34-16.2 be repealed.
13-34-16.2. It is declared to be the policy of this state that the common good and general
welfare of the state are promoted by an educated and enlightened citizenry and, to assist in
achieving those goals and in accord with the child benefit doctrine, there shall be loaned without
charge to all persons ages five through nineteen such nonsectarian textbooks and text-related
workbooks designed for individual use as are normally furnished by the school boards of the
several public school districts of this state to the students enrolled in the public schools of such
respective districts. It is further declared to be the policy of this state that, in the loaning of such
materials to such persons, the state shall be neutral to and between all such persons.
Section 17. That § 13-34-16.3 be repealed.
13-34-16.3. To implement § 13-34-16.2, each public school board shall loan without charge
to all persons ages five through nineteen who are either enrolled in a public school, or in a
school supervised in accord with chapter 13-4, or who are engaged in a course of instruction
pursuant to § 13-27-3, within the school district under such board's jurisdiction, or who are
residing in such district but are not enrolled in any such school or engaged in any such course
of instruction, such nonsectarian textbooks and text-related workbooks designed for individual
use as are normally furnished by such school board to individual students enrolled in the public
schools of the district under such board's jurisdiction. All such textbooks and text-related
workbooks shall be approved by the respective school boards.
Section 18. That § 13-42-15.1 be repealed.
13-42-15.1. Any person who fails to surrender a teaching certificate pursuant to § 13-42-15
is subject to a civil penalty of not more than one thousand dollars.
Section 19. That § 13-42-23 be repealed.
13-42-23. There is established within the Department of Education the South Dakota
Advisory Council on certification for teachers. The advisory council shall be composed of
twelve voting members and two nonvoting members, appointed by the Governor. Six of the
members shall be active public school classroom teachers, one member shall be an active
nonpublic school classroom teacher, two shall be school administrators, two shall be
representatives from public state colleges and universities, two shall be staff members of the
Department of Education, and one shall be from private colleges and universities offering
teacher education. The two staff members of the Department of Education shall be nonvoting,
ex officio members of the Advisory Council.
Section 20. That § 13-42-24 be repealed.
13-42-24. Council members shall be appointed to three-year terms, except that initially, one,
two, and three-year terms shall be decided by lot at the first meeting of the council. If a vacancy
occurs on the council, an appointment shall be made from the category of membership in which
the vacancy occurred to serve the unexpired term.
Section 21. That § 13-42-25 be repealed.
13-42-25. The Advisory Council shall:
(1) Suggest criteria and procedures for evaluating the quality and effectiveness of teacher
education programs within the state;
(2) Suggest requirements for the certification of teachers;
(3) Suggest the standards for renewal of certificates for teachers using academic course
work and other types of professional growth;
(4) Solicit and receive reports from representatives of various professional groups,
qualified in their curriculum areas and other specialized areas;
(5) Assist on the formulation of recommendations regarding certification of teachers; and
(6) Collaborate with teacher education institutions in the state on matters dealing with
teacher certification.
Section 22. That § 13-43-3.3 be repealed.
13-43-3.3. If at any time there is reasonable cause to believe that an employee is suffering
from an illness detrimental to the health of the pupils, the school board or governing body may
require a new certification of health. The expense of obtaining additional certifications of health
will be borne by the school.
Section 23. That § 13-43-57 be repealed.
13-43-57. A long-term substitute teacher is a substitute teacher who is employed as a
substitute teacher for ten or more consecutive school days as a substitute for the same teacher.
Each school district shall submit to the Department of Education a report on the district's use
of long-term substitute teachers during the preceding school year. The report shall include the
number of long-term substitute teachers used and the reasons, in each specific case, for the use
of the long-term substitute. The department shall analyze the reports to determine trends in the
frequency of and reasons for the use of long-term substitute teachers. The South Dakota Board
of Education shall promulgate rules pursuant to chapter 1-26 to specify the dates and methods
of reporting and the type of information that is required to be reported pursuant to this section.
The rules may allow the report to be incorporated into other reports by the district to the
department.
Section 24. That § 13-43-58 be repealed.
13-43-58. Any teacher that teaches a course over the Digital Dakota Network shall receive
additional compensation for each course and from each school for which the teaching services
are provided.
