Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 4090, Apr. 7 | Printed Page 4110, Apr. 7 |
Printed Page 4100 . . . . . Thursday, April 7, 1994
S. 1221 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CPA CANDIDATE EXPERIENCE; RECIPROCITY WITH OTHER JURISDICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1684, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1648, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1255 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO INVESTIGATIONS AND HEARINGS HELD BY THE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1187 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 130 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-200 SO AS TO PROHIBIT HAZING AT STATE UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TO PROVIDE PENALTIES.

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S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE-OWNED TEXTBOOKS/INSTRUCTIONAL MATERIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1220 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-585 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, ON THE REQUEST OF AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR ON ITS OWN MOTION, MAY CONSIDER, IN LIEU OF THE PROCEDURES OUTLINED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THAT CARRIER, AND PROVIDE FOR RELATED MATTERS.

H. 4306--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Joint Resolution until Tuesday, April 12, which was adopted.

H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

H. 5040--ADOPTED

The following was introduced:

H. 5040 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3631, RELATING TO PROHIBITING A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST, FOR SECOND READING OR OTHER CONSIDERATION AFTER THE CALL OF THE UNCONTESTED CALENDAR, TUESDAY, APRIL 12, 1994, AND TO PROVIDE, FOLLOWING THE CALL OF THE ROLL OF THE HOUSE ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING

Printed Page 4102 . . . . . Thursday, April 7, 1994
SPECIAL ORDER CONSIDERATION OF H.3631 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H.3631, relating to prohibiting a health insurance policy or a health maintenance organization plan from restricting selection of a pharmacist, is set by special order for second reading or other consideration after the call of the uncontested calendar on Tuesday, April 12, 1994, and to provide, following the call of the roll of the House on each subsequent legislative day, for the continuing special order consideration of H.3631 until third reading or other disposition.

Rep. McTEER explained the Resolution.

The Resolution was adopted.

H. 5041--ADOPTED

The following was introduced:

H. 5041 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4955, RELATING TO MONIES BEING TRANSFERRED TO BENEFIT SPOLETO FESTIVAL, USA, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H.3631 AND TO PROVIDE, FOLLOWING THE CALL OF THE ROLL OF THE HOUSE ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4955 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H.4955, relating to monies being transferred to benefit Spoleto Festival, USA, is set by special order for second reading or other consideration immediately following second reading or other disposition of H.3631 and to provide, following roll call on each legislative day, for the continuing special order consideration of H.4955 until third reading or other disposition.

Rep. McTEER explained the Resolution.

Rep. KIRSH moved to table the Resolution.

Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:

Yeas 27; Nays 66


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Those who voted in the affirmative are:
Allison          Baker            Chamblee
Clyborne         Cromer           Davenport
Fair             Graham           Hallman
Haskins          Kelley           Kirsh
Klauber          Littlejohn       Meacham
Robinson         Sharpe           Simrill
Stone            Stuart           Trotter
Vaughn           Walker           Wells
Witherspoon      Wofford          Worley

Total--27

Those who voted in the negative are: 

Alexander, M.O.  Alexander, T.C.  Anderson
Bailey, J.       Barber           Baxley
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Canty
Carnell          Cato             Cobb-Hunter
Delleney         Elliott          Farr
Fulmer           Gamble           Govan
Harrell          Harrelson        Harris, J.
Harris, P.       Harrison         Hines
Hodges           Holt             Hutson
Inabinett        Keegan           Kennedy
Keyserling       Kinon            Law
Martin           McAbee           McCraw
McKay            McLeod           McMahand
McTeer           Neilson          Phillips
Rhoad            Richardson       Rogers
Rudnick          Scott            Sheheen
Shissias         Smith, R.        Spearman
Stille           Stoddard         Tucker
Waites           Waldrop          Whipper
Wilder, D.       Wilder, J.       Wilkins
Williams         Wright           Young, A.

Total--66

So, the House refused to table the Resolution.

Printed Page 4104 . . . . . Thursday, April 7, 1994
The question then recurred to the adoption of the Resolution, which was agreed to.

H. 4467--TABLED

The following Bill was taken up.

H. 4467 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, and 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.

Rep. KIRSH moved to table the Bill, which was agreed to.

H. 3958--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED

Printed Page 4105 . . . . . Thursday, April 7, 1994
STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.

The Education and Public Works Committee proposed the following Amendment No. 1 (DocNameL:\council\legis\amend\GJK\20437SD.94), which was adopted.

Amend the bill, as and if amended,by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 59-30-5. For purposes of Section 59-30-10, the following definitions apply:

(1) `Content standards' means a compilation of specific statements of what a student should know and be able to do relative to a particular academic area;

(2) `achievement standards' means standards that describe how well a student achieves relative to the content standards;

(3) `norm referenced test' means a test which compares an individual's test score to national sample test scores of individuals taking the same test;

(4) `continuous assessment' means ongoing documentation of a child's academic progress based on observation and measurements of that child's development in areas such as reading and math, and analyzing how well a child is progressing academically;

(5) `standardized test' means an assessment in which testing materials, instruction, and scoring procedures are the same across test settings and examiners;

(6) `measurement' means the process of obtaining a numerical description of the degree to which an individual possesses knowledge and skills;

(7) `assessment' means an analysis of student accomplishment often using a range of documentary techniques such as tests, performances, questionnaires, and observations."

SECTION 2. Section 59-30-10 of the 1976 Code is amended to read:

"Section 59-30-10. The State Board of Education, through the State Department of Education, shall develop and implement a state assessment system which shall have a dual purpose of improving student learning and

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providing public accountability. The system shall promote the improvement of teaching and learning by providing information regarding:

(1) student attainment of state educational achievement standards; and

(2) performance of South Carolina's students relative to that of students nationally. By school year 1998-99, the State Board shall: (a) Establish state educational objectives in the basic skills academic content standards for kindergarten through grade twelve and establish minimum academic achievement standards of student achievement for readiness first grade preparedness and Grades 1, 2, 3, 6, 8, and 11. The term `basic skills' shall include mathematics and the communication skills of reading and writing. The minimum achievement standards for readiness first grade preparedness and Grades 1, 2, 3, 6, 8, and 11 shall be designed to reflect the level of skill mastery subject matter knowledge and analytical skills as determined by the State Board of Education, each student is expected to have attained at the various grades needs to succeed at subsequent grade levels.

(b) (1) Establish a state basic skills an early childhood assessment program system that shall include the administration to all public school students at the beginning of grade one a readiness test an assessment that will be designed to measure a student's readiness to begin the formal school curriculum level of preparation for first grade; a state model of a continuous assessment of student performance through each school year grades K-3 and criteria for districts who choose to develop their own model of continuous assessment. The results of the readiness test first grade preparedness measure shall be used to provide appropriate developmental activities in the first grade and may not be used to restrict school entry nor to restrict academic opportunities for individual students.

(2) Provide for the administration of the readiness test first grade preparedness measure at the beginning of the school year in grade one. Based on the results of the test measure, the school district shall advise the parents of any student not indicating readiness preparedness for first grade work to secure a complete physical examination for that child. Such advice by the school district shall contain information about local governmental health services that are available.

(c) (1) As a part of the basic skills state assessment program, develop or select criterion-referenced standards based tests that can measure student achievement in reading, and mathematics, science, and social studies in grades one, two, and three and six against the basic, advanced, and proficient standard standards established for each of those respective grades.

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(2) Cause to be administered the tests assessment system provided for herein to all public school students at the end of grades one, two and three and six in mathematics, English/language arts, science, and social studies. The purpose of the tests assessment system shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide academic achievement standard standards established for each respective grade.

(d) (1) As a part of the basic skills assessment program, develop or select criterion-referenced tests that can measure student achievement in reading, writing and mathematics in grades six and eight against the standard established for each of those respective grades.

(2) Cause to be administered the test provided for grade six to all public school students at the end of grade six and shall cause to be administered the test provided for grade eight to all public school students at the end of grade eight. The purpose of the tests shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.

(e) Develop or select, and field test, tests that will measure student achievement in the basic skills areas of reading, writing, and mathematics at the end of grade 11 which shall include items requiring the application of school skills to life situations. The field test shall be conducted for the purpose of establishing the reliability and validity of the test. (d) Develop or select, and field test, an assessment system that will measure student achievement at basic, proficient, and advanced levels as determined by the State Board of Education, in the areas of reading, writing, and mathematics at the end of grades 8 and 11 which shall include items requiring the application of school skills to life situations. The field test shall be conducted for the purpose of establishing the reliability and validity of the test. (f)(e) Beginning in the school year 1981-82 1996-97 and continuing through the school year 1984-85, administer the test specified in item (d) of this section to all students in grade grades eight and eleven for the purpose of collecting baseline data. The Department of Education shall use the baseline data for the purpose of program assessment and shall provide assistance to those schools or districts in which the data indicate that program adjustment or modification is most needed due to inordinate numbers of children not passing the test. The State Board of Education shall use the baseline data for the purpose of determining the high school credentials to be awarded students not meeting the minimum achievement

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scores. Beginning with the school year 1985-86 1997-98, the eleventh grade examination may be no longer administered and the Board shall cause to be administered an a new exit examination to all tenth grade students. Local school districts shall establish remedial academic assistance programs plans to assist those students who do not pass the examination. Passage of this exit examination is a condition for the receipt of a state high school diploma for those students who otherwise meet the requirements for the diploma during the school year 1989-90 2000-2001 and thereafter. Additionally, during the that school year 1989-90 and thereafter individuals participating in adult education programs must pass the exit examination as an additional requirement for the receipt of a state high school diploma. Failure to pass the examination obligates the student to enroll in a remedial an academic assistance program. Students who do not pass the examination in the tenth grade must retake the test in the eleventh grade and may retake the test twice in the twelfth grade, thereby providing students with four opportunities to pass the exit examination. If an individual exits the school system at the end of the twelfth grade without having passed the exit examination, he shall be awarded an appropriate State certificate indicating the number of credits earned and grades completed. Until such time as the new exit exam is implemented as a condition for receipt of a state high school diploma, the current exit exam shall continue to be used as a condition for a state high school diploma. Completion of the requisite number of Carnegie units and the satisfactory achievement of the exit examination will continue to be the standard to determine a student's eligibility to graduate. Demonstrating a mastery of predetermined nonacademic outcomes shall not become a condition for progressing from one grade level to the next nor shall it be a condition for graduation. A student may not exit the school system through means of a certificate until such time as he has completed twelve grades. Adult education programs and the GED certification process are not affected. (f) Administer a test of student academic performance which builds upon basic skills and provides nationally normative information in at least four grades until a standards-based assessment system is implemented. (g) Use utmost care to insure that to the maximum extent feasible, within existing knowledge and technology cultural bias is eliminated in the tests administered as a part of the basic skills assessment program.

(h) Purchase and distribute necessary materials for the assessment program and train state and local staff and teachers to administer the tests in the assessment program and to interpret the results of those tests.

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(i) Provide for the security and integrity of the tests that are administered under the assessment program.

(j) Revise and update the tests administered under the assessment program as deemed appropriate by the department.

(k) Render advice and aid to school districts concerning their curricula and the assessment program.

(l) Report the results of the program annually to the Governor, the General Assembly, the school districts, and to the general public, together with any recommendations of the South Carolina Basic Skills Assessment Advisory Committee Commission created pursuant to Section 59-30-20. However, under no circumstances shall any school district that has legal standing lose its authority or autonomy by virtue of a regulation or by a failure to meet a state imposed standard except as currently specified in Section 59-18-30. Nor shall a duly appointed or elected school board lose its governing authority by virtue of a regulation or by a failure of the district under its jurisdiction to achieve a certain state imposed standard except as currently specified in Section 59-18-30.

(m) Consult with such commission the Assessment Advisory Committee hereinafter established concerning the implementation of, or major changes to, the provisions of this chapter. The committee shall identify and approve criteria and year-end assessment appropriate for testing student academic progress at the end of grades 1 and 2. Until such time as the committee identifies the criteria and assessment, the State Department of Education shall provide these tests which shall begin in school year 1994-95. The South Carolina Assessment Advisory Committee shall be composed of seventeen members which shall provide recommendations and advice to the Governor, General Assembly, and the State Board of Education on the implementation of this chapter. The State Superintendent of Education shall appoint six members, one from each congressional district, with the advice and consent of the State Board of Education. The State Superintendent's appointments shall be persons employed professionally in public education in this State other than employees of the State Department of Education and shall include at least two classroom teachers. The Governor shall appoint six lay persons at large from the State. The Speaker of the House of Representatives, the President of the Senate, the Chairman of the House Education and Public Works Committee and the Chairman of the Senate Education Committee shall also designate a person to serve on the committee who may not be a member of the General Assembly and who shall serve at the pleasure of the appointing official. The State Board of Education chairman or his designee shall also serve on the committee. Except for their initial terms,

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the terms of the members shall be for three years and until their successors are appointed and qualified. Any vacancy shall be filled in the manner of the original appointment for the unexpired portion of the term only. Every consideration shall be given to ensure appropriate racial balance in appointments.

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