Current Status Introducing Body:Senate Bill Number:1416 Primary Sponsor:Rose Committee Number:21 Type of Legislation:GB Subject:Textbooks, criteria for Residing Body:House Current Committee:Education and Public Works Computer Document Number:1416 Introduced Date:Mar 19, 1992 Date of Last Amendment:Apr 28, 1992 Last History Body:House Last History Date:Apr 30, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Courson Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
1416 House Apr 30, 1992 Introduced, read first time, 21
referred to Committee
1416 Senate Apr 29, 1992 Read third time, sent to House
1416 Senate Apr 28, 1992 Amended, read second time,
ordered to third reading with
notice of general amendments
1416 Senate Apr 23, 1992 Committee Report: Favorable 04
with amendment
1416 Senate Mar 19, 1992 Introduced, read first time, 04
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 28, 1992
S. 1416
S. Printed 4/28/92--S.
Read the first time March 19, 1992.
TO AMEND SECTION 59-31-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO CONDEMN OR DISAPPROVE ANY SCHOOL TEXTBOOK CONTAINING ANY KNOWN FACTUAL OR GRAMMATICAL ERROR; TO AMEND SECTION 59-31-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS WITH PUBLISHERS AND DISTRIBUTORS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO PROVIDE THAT A CONTRACT MUST INCLUDE THE REQUIREMENT THAT ALL TEXTBOOKS RENTED OR PURCHASED BY THE STATE BE FREE OF ANY FACTUAL OR GRAMMATICAL ERROR; THAT THE PUBLISHER BE REQUIRED TO SIGN A CERTIFICATE OF ACCURACY GUARANTEEING THAT EACH TEXTBOOK IS FREE OF ANY FACTUAL OR GRAMMATICAL ERROR; THAT ANY PUBLISHER OR DISTRIBUTOR PROVIDING A TEXTBOOK CONTAINING A FACTUAL OR GRAMMATICAL ERROR BE ASSESSED A FINE OR LIQUIDATED DAMAGES OF ONE HUNDRED THOUSAND DOLLARS AND BE PROHIBITED FROM SELLING OR RENTING A TEXTBOOK TO THE STATE FOR A PERIOD OF TWO YEARS; TO AMEND SECTION 59-31-600 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR TEXTBOOK ADOPTION, SO AS TO PROVIDE THAT THE TEXTBOOK EVALUATING AND RATING COMMITTEE BE MADE UP OF AT LEAST EIGHTY PERCENT NON-EDUCATORS WITH EXPERTISE IN AREAS UNDER CONSIDERATION; THAT THE TEXTBOOK EVALUATING AND RATING COMMITTEE SHALL INCLUDE IN ITS RATING AND EVALUATION CRITERIA CONSIDERATIONS FOR ACCURACY OF FACTS AND GRAMMAR, SATISFACTION OF STATE MANDATES FOR GRADUATION CRITERIA, SUPPORT FOR THE FREE ENTERPRISE SYSTEM, DEMONSTRATION OF THE BENEFITS OF FREE ENTERPRISE IN THE UNITED STATES, COMMUNICATIONS THROUGH TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS OF THE BENEFITS OF REPRESENTATIVE DEMOCRACY, INDIVIDUAL LIBERTY, PERSONAL RESPONSIBILITY, ECONOMIC AND POLITICAL FREEDOM, AND OTHER TRADITIONAL VALUES AND PRINCIPALS OF WESTERN CIVILIZATION AND AMERICAN SOCIETY ESPOUSED IN THE UNITED STATES DECLARATION OF INDEPENDENCE AND EMBODIED IN THE UNITED STATES CONSTITUTION, AND GIVE THE HIGHEST WEIGHT IN CHOOSING BOOKS TO THE ACCURACY OF FACTS PRESENTED IN THE MATERIALS; THAT THE CURRICULUM STAFF AT THE DEPARTMENT OF EDUCATION SHALL BE RESPONSIBLE FOR MONITORING THE WORK OF THE TEXTBOOK EVALUATING AND RATING COMMITTEE TO ENSURE THAT HIGH QUALITY ACCURATE TEXTBOOKS ARE RECOMMENDED; THAT EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION WHO ARE CHARGED WITH OVERSEEING THE TEXTBOOK SELECTION PROCESS HOLD CURRENT TEACHER CERTIFICATES IN AREAS UNDER THEIR JURISDICTION; TO PROHIBIT PERSONS FROM SERVING ON THE TEXTBOOK SELECTION OR REVIEW COMMITTEE IF SUCH PERSON IS RECEIVING COMPENSATION FROM, EITHER DIRECTLY OR INDIRECTLY, OR IS A CURRENT EMPLOYEE, OR HAS BEEN AN EMPLOYEE OF A TEXTBOOK PUBLISHING OR DISTRIBUTION COMPANY WITHIN THE PAST FIVE YEARS; TO REQUIRE THAT ANY STAFF MEMBER AT THE STATE DEPARTMENT OF EDUCATION WHO HAS BEEN AN EMPLOYEE OF A TEXTBOOK PUBLISHING COMPANY WITHIN THE PAST FIVE YEARS RECUSE HIMSELF FROM THE SELECTION PROCESS OF BOOKS; TO PROHIBIT ACCEPTANCE OR SOLICITATION BY ANY STATE EMPLOYEE, OR OFFERING OR PROVIDING TO A STATE EMPLOYEE, ANYTHING OF VALUE BY A PUBLISHER OR SUPPLIER OF SCHOOL TEXTBOOKS OR INSTRUCTIONAL MATERIALS; AND TO AMEND CHAPTER 31, TITLE 59 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 59-31-700, SO AS TO PROVIDE THAT PROPOSED TEXTBOOKS BE PLACED ON PUBLIC DISPLAY FOR A PERIOD OF SIXTY DAYS IN EACH OF THE NINETY-ONE SCHOOL DISTRICT OFFICES WITH NOTICE TO THE PUBLIC IN PAID ADVERTISEMENT IN LOCAL NEWSPAPERS PRIOR TO ANY FINAL ADOPTION BY THE STATE BOARD OF EDUCATION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Textbook Excellence Act".
SECTION 2. Section 59-31-40 of the 1976 Code is amended to read:
"Section 59-31-40. The meetings of the State Board of Education in any year at which an adoption is made shall be public. New textbooks adopted by the State Board of Education in any year shall not be used in the free public schools in this State until the next school session begins. The State Board of Education shall not approve for adoption any textbook or other instructional material which contains any clear, substantial error."
SECTION 3. Section 59-31-510 of the 1976 Code is amended to read:
"Section 59-31-510. The State Board of Education may negotiate and execute contracts with the publishers of schoolbooks publishers and vendors of school textbooks whereby the State will rent from the publishers or buy outright the books to be used in the public schools, with discretion in the State Board of Education to make rental contracts or purchase contracts as it may be to the best advantage of the State. Any contract made with a publisher of textbooks may be made so as to divide the payment to the publisher for rental or purchase over a period of three years, but nothing herein shall be construed to prevent the State Board of Education from purchasing or renting additional books as the necessity shall or may arise. If the State Board of Education should decide to purchase outright the books to be used in the schools of this State, they shall be purchased at the lowest possible prices and, so far as existing contracts for State-adopted state-adopted books will permit, pursuant to competitive bidding. Each contract between the State Board of Education and any publisher or vendor of any school textbook or other instructional material shall require that all textbooks or other instructional material rented or purchased by the State be free of any clear, substantial factual or grammatical error and that the State Board of Education will require reasonable remedies if an error is found."
SECTION 4. Section 59-31-600 of the 1976 Code is amended to read:
"Section 59-31-600. When the State Board of Education determines that a textbook or instructional material adoptions are is needed in a specific field, the board shall direct evaluating and rating committees to assess the textbooks or instructional material for the presentation of instructional materials which development of higher order thinking skills and problem solving. Each evaluating and rating committee shall be made up of at least one layperson and a majority of its membership must have expertise in the areas under consideration. In addition to monitoring the accuracy of facts and grammar, the committee shall include in its rating and evaluating criteria, where applicable, satisfaction of state mandates for graduation criteria, and support for the benefits of the American economic and political system. The results of each evaluating and rating committee's assessment must be included in its written report to the State Board of Education. Where otherwise satisfactory, the evaluating and rating committee shall recommend and the State Board of Education shall adopt textbooks and other instructional materials which develop higher order thinking skills."
SECTION 5. Chapter 31, Title 59 of the 1976 Code is amended by adding:
"Section 59-31-700. Before final adoption, the state board shall make all textbook and instructional material available for public inspection for not less than 30 days at display centers geographically dispersed throughout the State as designated by the State Superintendent of Education.
The state board shall hold a public hearing before adopting any textbook or instructional material for use in the schools of this State."
SECTION 6. This act takes effect upon approval by the Governor.