AMENDMENT FOR PRINTED BILL
1056ba
___________________ moved that HB 1056 be amended as follows:
On page 1, line 7, of the printed bill, overstrike "six" and insert "seven" and delete "ninety-" and
insert "one tenth".
On page 1, line 8, delete "three and two-tenths".
On page 1, delete line 12, and insert "one dollar and fifty and seven fifty-one and two tenths
cents per thousand dollars of taxable".
On page 2, line 3, delete "thirty-five" and insert "thirty-eight and three tenths".
On page 4, line 13, delete everything after "for" and insert "the school fiscal year 2017
beginning July 1, 2018 is $48,500 $49,131.96. Each".
On page 4, line 20, delete "sixty-eight" and insert "sixty-seven".
On page 8, after line 20, insert:
" Section 3. That § 13-37-16 be amended to read:
13-37-16. For taxes payable in 2018 2019, and each year thereafter, the school board shall levy
no more than one dollar and forty-six and one fifty-six and seven tenth cents per thousand dollars
of taxable valuation, as a special levy in addition to all other levies authorized by law for the amount
so determined to be necessary, and such the levy shall be spread against all of the taxable property
of the district. The proceeds derived from such the levy shall constitute a school district special
education fund of the district for the payment of costs for the special education of all children in need
of special education or special education and related services who reside within the district pursuant
to the provisions of §§ 13-37-8.2 to 13-37-8.10, inclusive. The levy in this section shall be based on
valuations such that the median level of assessment represents eighty-five percent of market value
as determined by the Department of Revenue. The total amount of taxes that would be generated at
the levy pursuant to this section shall be considered local effort. Money in the special education fund
may be expended for the purchase or lease of any assistive technology that is directly related to
special education and specified in a student's individualized education plan. This section does not
apply to real property improvements.
Section 4. That § 13-37-35.1 be amended to read:
13-37-35.1. Terms used in chapter 13-37 mean:
(1) "Level one disability," a mild disability;
(2) "Level two disability," cognitive disability or emotional disorder;
(3) "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness,
orthopedic impairment, or traumatic brain injury;
(4) "Level four disability," autism;
(5) "Level five disability," multiple disabilities;
(5A) "Level six disability," prolonged assistance;
(6) "Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of the
United States Department of Labor for the year before the year immediately preceding the
year of adjustment or three percent, whichever is less;
(7) "Local effort," shall be calculated for taxes payable in 2018 2019 and thereafter using a
special education levy of one dollar and twenty-six and one thirty-six and seven tenth
cents per one thousand dollars of valuation;
(8) "Allocation for a student with a level one disability," for the school fiscal year beginning
July 1, 2016 2018, is $5,456 $5,527.09. For each school year thereafter, the allocation for
a student with a level one disability shall be the previous fiscal year's allocation for such
child increased by the lesser of the index factor or three percent;
(9) "Allocation for a student with a level two disability," for the school fiscal year beginning
July 1, 2016 2018, is $12,592 $12,756.08. For each school year thereafter, the allocation
for a student with a level two disability shall be the previous fiscal year's allocation for
such child increased by the lesser of the index factor or three percent;
(10) "Allocation for a student with a level three disability," for the school fiscal year beginning
July 1, 2016 2018, is $16,049 $16,258.12. For each school year thereafter, the allocation
for a student with a level three disability shall be the previous fiscal year's allocation for
such child increased by the lesser of the index factor or three percent;
(11) "Allocation for a student with a level four disability," for the school fiscal year beginning
July 1, 2016 2018, is $15,564 $15,766.80. For each school year thereafter, the allocation
for a student with a level four disability shall be the previous fiscal year's allocation for
such child increased by the lesser of the index factor or three percent;
(12) "Allocation for a student with a level five disability," for the school fiscal year beginning
July 1, 2016 2018, is $27,799 $28,161.22. For each school year thereafter, the allocation
for a student with a level five disability shall be the previous fiscal year's allocation for
such child increased by the lesser of the index factor or three percent;
(12A) "Allocation for a student with a level six disability," for the school fiscal year beginning
July 1, 2016 2018, is $8,007 $8,111.33. For each school year thereafter, the allocation for
a student with a level six disability shall be the previous fiscal year's allocation for such
child increased by the lesser of the index factor or three percent;
(13) "Child count," is the number of students in need of special education or special education
and related services according to criteria set forth in rules promulgated pursuant to §§ 13-37-1.1 and 13-37-46 submitted to the Department of Education in accordance with rules
promulgated pursuant to § 13-37-1.1;
(14) "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in
all schools operated by the school district on the last Friday of September of the previous
school year minus the number of students for whom the district receives tuition, except
any nonresident student who is in the care and custody of a state agency and is attending
a public school and any student for whom tuition is being paid pursuant to § 13-28-42.1,
plus the number of students for whom the district pays tuition;
(15) "Nonpublic school," a sectarian organization or entity which is accredited by the secretary
of education for the purpose of instructing children of compulsory school age. This
definition excludes any school that receives a majority of its revenues from public funds;
(16) "Nonpublic fall enrollment," the number of children under age eighteen, who are
approved for alternative instruction pursuant to § 13-27-2 on the last Friday of September
of the previous school year plus:
(a) For nonpublic schools located within the boundaries of a public school district with
a fall enrollment of six hundred or more on the last Friday of September of the
previous school year, the number of kindergarten through twelfth grade students
enrolled on the last Friday of September of the previous regular school year in all
nonpublic schools located within the boundaries of the public school district;
(b) For nonpublic schools located within the boundaries of a public school district with
a fall enrollment of less than six hundred on the last Friday of September of the
previous school year, the number of resident kindergarten through twelfth grade
students enrolled on the last Friday of September of the previous school year in all
nonpublic schools located within the State of South Dakota;
(17) "Special education fall enrollment," fall enrollment plus nonpublic fall enrollment;
(18) "Local need," an amount to be determined as follows:
(a) Multiply the special education fall enrollment by 0.1 and multiply the result by the
allocation for a student with a level one disability;
(b) Multiply the number of students having a level two disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level two disability;
(c) Multiply the number of students having a level three disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level three disability;
(d) Multiply the number of students having a level four disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level four disability;
(e) Multiply the number of students having a level five disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level five disability;
(f) Multiply the number of students having a level six disability as reported on the
child count for the previous school fiscal year by the allocation for a student with
a level six disability;
(g) When calculating local need at the statewide level, include the amount set aside for
extraordinary costs defined in § 13-37-40;
(h) When calculating local need at the statewide level, include the amount set aside for
the South Dakota School for the Blind and Visually Impaired;
(i) Sum the results of (a) to (h), inclusive;
(19) "Effort factor," the school district's special education tax levy in dollars per thousand
divided by $1.261 $1.367. The maximum effort factor is 1.0. ".