ENTITLED An Act to revise provisions pertaining to the South Dakota School for the Deaf.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   3-18-1 be AMENDED:

3-18-1. The term, public employee, as used in this chapter means any person holding a position by appointment or employment in the government of the State of South Dakota or in the government of any one or more of the political subdivisions thereof, or in the service of the public schools, or in the service of any authority, commission, or board, or any other branch of the public service. The term does not include:

(1) Elected officials and persons appointed to fill vacancies in elective offices and members of any board or commission;

(2) Administrators except elementary and secondary school administrators, administrative officers, directors, or chief executive officers of a public employer or major divisions thereof as well as chief deputies, first assistants, and any other public employees having authority in the interest of the public employer to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other public employees, or the responsibility to direct them, or to adjust their grievances, or to effectively recommend any action, if in connection with the foregoing, and the exercise of the authority is not of a merely routine or clerical nature, but requires the use of independent judgment;

(3) Students working as part‑time employees twenty hours per week or less;

(4) Temporary public employees employed for a period of four months or less;

(5) Commissioned and enlisted personnel of the South Dakota National Guard;

(6) Judges and employees of the unified court system;

(7) Legislators and the full‑time and part‑time employees of the legislature or any state agency that statutorily is directed by the legislative branch; or

(8) Any person employed by the Board of Regents or employed by an institution under the control of the Board of Regents, except a person employed at South Dakota Services for the Deaf or the South Dakota School for the Blind and the Visually Impaired, who is not otherwise excluded by subdivision (2), (3), or (4).

This section does not preclude employees described in subdivisions (1) to (8), inclusive, from joining professional, noncollective bargaining organizations.

Section 2. That   5-10-1.2 be AMENDED:

5-10-1.2. The commissioner of school and public lands shall deposit revenue collected for state endowed institutions under the control of the Board of Regents, pursuant to   5-10-1 and chapters 10-4 and 10-6, in the Board of Regents endowed institution interest and income fund, created by   5-10-1.1, and credit the appropriate institutional account within the fund. On a periodic basis, the commissioner shall allocate the money to the appropriate institutions.

The total allocation for an institution for a fiscal year is the lesser of that institution's revenue for the fiscal year plus the beginning cash balance of the institution's account or:

$ 236,041 for the University of South Dakota;

$ 548,451 for South Dakota State University;

$ 133,022 for South Dakota School of Mines and Technology;

$ 183,393 for Northern State University;

$ 173,360 for Dakota State University;

$ 173,360 for Black Hills State University;

$ 97,959 for South Dakota Services for the Deaf;

$ 94,712 for the School for the Blind and the Visually Impaired; and

$ 77,745 for the agricultural experiment station.

Revenue in excess of the allocation shall be credited to the corresponding institutional account. If the cash balance of any institutional account exceeds fifty percent of the maximum allocation for that institution at the end of the fiscal year, the commissioner shall allocate the portion over fifty percent to the institution in the next fiscal year in addition to the normal allocation.

Section 3. That   13-33B-3 be AMENDED:

13-33B-3. In considering placement and the least restrictive environment for a deaf or hard-of-hearing student, the individualized education program team shall consider the unique communications needs of the student, in accordance with   13-33B-2. In making that determination, the individualized education program team shall consider program options that provide the student with an appropriate and equal opportunity for communication access, including those available through South Dakota Services for the Deaf.

Section 4. That   13-33B-9 be AMENDED:

13-33B-9. The administrator of South Dakota Services for the Deaf shall establish an advisory committee to solicit input from experts on the selection of language developmental milestones for children who are deaf or hard-of-hearing that are equivalent to milestones for children who are not deaf or hard-of-hearing, for inclusion in the parent resource pursuant to    13-33B-5 and 13-33B-7.

The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments referenced in   13-33B-6.

The advisory committee shall consist of at least nine but no more than fifteen volunteers, at least four of whom are deaf or hard-of-hearing, and all of whom practice within the fields of education or services for the deaf or hard-of-hearing. The advisory committee must include:

(1) A parent of a child who is deaf or hard-of-hearing, who uses both ASL and English;

(2) A parent of a child who is deaf or hard-of-hearing, who uses only spoken English, with or without visual supplements;

(3) A parent of a child who is Deaf-Plus;

(4) A representative from South Dakota Services for the Deaf, who is fluent in both ASL and English;

(5) A representative from the Department of Education; and

(6) At least four members who may be any of the following:

(a) An expert who researches language outcomes for deaf or hard-of-hearing children, using ASL and English;

(b) A credentialed teacher of deaf or hard-of-hearing students, with expertise in curriculum and instruction in ASL and English;

(c) A credentialed teacher of deaf or hard-of-hearing students, with expertise in curriculum and instruction in spoken English, with or without visual supplements;

(d) An advocate from an association in this state that represents the deaf and advocates for teaching, using both ASL and English;

(e) An early intervention specialist who works with deaf or hard-of-hearing infants and toddlers, using both ASL and English;

(f) A credentialed teacher of deaf or hard-of-hearing students, with expertise in ASL and English language assessments;

(g) A representative from a parent training information center in this state;

(h) A representative from an organization that provides communication services for the deaf;

(i) A psychologist who has expertise in assessing deaf or hard-of-hearing children and is fluent in ASL and English;

(j) A speech language pathologist; or

(k) A pediatric audiologist.

The committee may advise the department on the content and administration of instruments used to assess the language development and literacy development of deaf or hard-of-hearing children, to ensure the appropriate use of the instruments with deaf or hard-of-hearing children.

The committee may make recommendations regarding future research to improve the measurement of progress of deaf or hard-of-hearing children, in language and literacy.

Section 5. That   13-49-14.12 be AMENDED:

13-49-14.12. The Board of Regents may deposit any moneys held by it pursuant to   13-49-14.2, but not needed to cover liabilities, into a special fund created in the South Dakota school and public lands endowment, known as the South Dakota Services for the Deaf and the South Dakota School for the Blind and Visually Impaired support fund.

All moneys so deposited are part of the school and public lands endowment, whose principal must be held inviolate, and the earnings must be made available to the board to:

(1) Support routine maintenance and repair at the South Dakota School for the Blind and Visually Impaired; and

(2) Support locations utilized by South Dakota Ser