AMENDMENT FOR PRINTED BILL
1078da

_________________ moved that HB 1078 be amended as follows:

     On page 2 , line 19 of the printed bill , after " less " insert " plus the enrollment adjustment " .

     On page 2 , line 20 , delete " or greater than five percent " .

     On page 2 , between lines 20 and 21 of the printed bill , insert:

"

             (3A)    "Enrollment adjustment," is the negative of the annual percent change in the statewide general enrollment average daily membership for the year before the year immediately preceding the year of adjustment. However, the enrollment adjustment may not be less than zero; "

     On page 6 , delete lines 4 to 11 , inclusive , and insert:

"     Section 3. There is hereby created the Excess General Fund Balance Oversight Board. The board shall consist of five members, appointed by the secretary of the Department of Education and Cultural Affairs.

    Section 4. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

     Unless the Excess General Fund Balance Oversight Board grants a waiver from the provisions of this Act, beginning with the state aid to education distribution for the fiscal year ending June 30, 2002, a school district's entitlement for state aid provided for in this chapter shall be reduced by the amount by which the school district's ending general fund balance plus any general funds transferred to the capital outlay fund in excess of five percent of the previous year's general fund expenditures exceeds: thirty percent of its general fund expenditures or two hundred fifty thousand dollars, whichever is greater, for the school fiscal year prior to the school fiscal year for which state aid to education is to be distributed.

    Section 5. Any school district anticipating that its ending general fund cash balance will be in excess of the amounts provided for in section 4 of this Act may apply to the Excess General Fund Balance Oversight Board for a waiver from all or part of the reduction in state aid to education provided for in section 14 of this Act. A school district applying for a waiver shall provide the Excess General Fund Balance Oversight Board with a detailed accounting and reasons for anticipating that the school district's ending general fund cash balance will be in excess of the amount provided for in section 4 of this Act.

    Section 6. The Excess General Fund Balance Oversight Board may grant a waiver for all or part of the reduction in state aid to education provided for in section 4 of this Act. The board may request additional information from a school district and shall arrive at a decision within three weeks after receiving an application from a school district or any additional information requested by the board.


    Section 7. All decisions of the Excess General Fund Balance Oversight Board shall require a vote of at least three members of the board."

     On page 14 , line 14 , delete " ofany " and insert " of any " .

     On page 6 , line 16 , delete " purposes deemed " and insert " the purpose of increasing teachers' salaries " .

     On page 6 , delete lines 17 to 21, inclusive, and insert:

    "Section 8. Any teacher who teaches in a public school in South Dakota and who has obtained certification by the National Board for Professional Teaching Standards shall receive a payment of one thousand dollars from the Department of Education and Cultural Affairs as partial reimbursement for costs incurred in completing the certification process. If the teacher does not remain a teacher in a South Dakota public school for at least three years following such certification, the teacher shall refund the payment.

    Section 9. In addition to the reimbursement provided pursuant to section 8 of this Act, any teacher who teaches in a public school in South Dakota and who has obtained certification by the National Board for Professional Teaching Standards shall receive a payment of two thousand dollars per year from the Department of Education and Cultural Affairs for the duration of the certification, not to exceed ten years. A teacher is eligible for payment under this section only if the teacher teaches in a public school in South Dakota.

    Section 10. Any teacher who teaches in a public school in South Dakota and who has obtained certification by the National Board for Professional Teaching Standards is exempt from any state certification renewal requirements and any other requirements for additional academic training for the duration of the national certification.

    Section 11. Sections 8, 9, and 10 of this Act are effective on July 1, 2001.

    Section 12. The Department of Education and Cultural Affairs may promulgate rules pursuant to chapter 1-26 to define general fund balances for the purposes for which the term is used in this Act and criteria for the Excess General Fund Oversight Board to grant waivers. "