General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998
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1 PART IB
2
3 OPERATION OF STATE GOVERNMENT
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5 SECTION 1 - H63 - EDUCATION, DEPARTMENT OF
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7 1.1. (SDE: Appropriation Transfer Prohibition) The amounts appropriated herein for aid to subdivisions, allocations to school districts,
8 or special line items shall not be transferred and must be expended in accordance with the intent of the appropriation.
9 1.2. (SDE: Attendance/Lunch Supervisors) The amounts appropriated in this section for Attendance Supervisors and for County School
10 Lunch Supervisors shall be used for the payment of salaries of one attendance supervisor and one lunch supervisor for each county. In
11 the absence of a County Board of Education or with the approval of the County Board of Education in multi-district counties, the salary
12 will be proportionately distributed among the districts of the county on the basis of the 135 average daily membership of the prior year,
13 provided that such funds must be used for the supervision of the Attendance Program and the supervision of the School Food Service
14 Program respectively. For the current fiscal year the local supplement to salaries of county School Lunch Supervisors and School
15 Attendance Supervisors shall not be reduced below the supplements paid in the prior fiscal year.
16 1.3. (SDE: Child Development Centers) School districts which operate Social Services Block Grant Child Development Centers shall
17 be exempt from Department of Education rules and regulations concerning Child Development Centers during the current fiscal year.
18 1.4. (SDE: Darlington Desegregation Lawsuit) Funds appropriated, pursuant to this act or any other act, to the Department of
19 Education for the purpose of effectuating a settlement of the Darlington Desegregation lawsuit brought against the State of South Carolina
20 or any of its political subdivisions shall be expended for instructional materials. Unexpended funds may be carried forward from the prior
21 fiscal year to be expended for this purpose.
22 1.5. (SDE: DHEC - Comprehensive Health Assessment) Of the funds appropriated to the Department of Education-Administration,
23 $94,658 must be transferred to DHEC to provide comprehensive health assessments for children entering first grade in school districts
24 having more than fifty percent of the students qualifying for free and reduced price lunches. All school districts shall participate, to the
25 fullest extent possible, in the Medicaid program by seeking appropriate reimbursement for services and administration of health and social
26 services. Reimbursements to the school districts shall not be used to supplant funds currently being spent on health and social services.
27 DHEC shall coordinate with the State Department of Education and the Department of Health and Human Services in submission of a
28 report to the Senate Education Committee and House Education and Public Works Committee on the effectiveness of health and social
29 programs in identifying and improving children's health status and the need for follow-up and/or additional services.
30 1.6. (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the intent of the
31 General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an inflation factor projected
32 by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast. The base student cost for
33 FY 1997-98 1998-99 has been determined to be $1,839 $1,879 which includes a 4.5% 2.2% inflation factor.
34 Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school
35 building aid on a non-matching basis on the same basis that districts receive Education Finance Act allocations.
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1 1.7. (SDE: EFA - Formula) The amount appropriated in Part IA, Section 1 for "Education Finance Act" shall be the maximum paid
2 under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients. The South
3 Carolina Education Department shall develop formulas to determine the State and required local funding as stipulated in the South Carolina
4 Education Finance Act of 1977. Such formulas shall require the approval of the State Board of Education and the Budget and Control
5 Board. After computing the EFA allocations for all districts, the Department shall determine whether any districts' minimum required local
6 revenue exceeds the districts' total EFA Foundation Program. When such instance is found, the Department shall adjust the index of
7 taxpaying ability to reflect a local effort equal to the cost of the districts' EFA Foundation Program. The districts' weighted pupil units
8 are to be included in determination of the funds needed for implementation of the Education Finance Act statewide.
9 In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the Budget
10 and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated for such
11 purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district entitlement by an equal
12 amount per weighted pupil so as to bring the total disbursements into conformity with the total funds appropriated for this purpose. If a
13 reduction is required in the State's contribution, the required local funding shall be reduced by the proportionate share of local funds per
14 weighted pupil unit. The Department of Education shall continually monitor the distribution of funds under the provisions of the Education
15 Finance Act and shall make periodic adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the
16 appropriated funds.
17 Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number in their
18 respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the
19 appropriated base student cost of the prior fiscal year.
20 1.8. (SDE: Employer Contributions/Allocations) It is the intent of the General Assembly that the appropriation contained herein for
21 "Public School Employee Benefits" shall not be utilized to provide employer contributions for any portion of a school district employee's
22 salary which is federally funded.
23 State funds allocated for school district employer contributions must be allocated by the formula and must be used first by each district
24 to cover the cost of fringe benefits for personnel required by the Defined Minimum Program, food service personnel and other personnel
25 required by law. Once a district has expended all state allocated funds for fringe benefits, the district may utilize food service revenues
26 to fund a proportionate share of fringe benefits costs for food service personnel.
27 The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under the fringe benefits
28 program in accordance with criteria established for all school districts.
29 1.9. (SDE: Employer Contributions/Obligations) In order to finalize each school district's allocations of Employer Contributions funds
30 for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a school district's allocation in the
31 current fiscal year accordingly to reflect actual payroll and payments to the Retirement System from the prior fiscal year. In the event the
32 Department of Education is notified that an Educational Subdivision has failed to remit proper payments to cover Employee Fringe Benefit
33 obligations, the Department of Education is directed to withhold the Educational Subdivision's state funds until such obligations are met.
34 1.10. (SDE: Fees - Incidental & Matriculation) Notwithstanding any other provision of law, the board of trustees of any school district
35 which does not have the authority by any special act of the General Assembly to charge the cost of educational materials and supplies is
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1 authorized to charge a fee to offset the cost of education materials and supplies. The board of trustees of each school district which charges
2 such fees is directed to develop rules and regulations for such fees which take into account the students' ability to pay and to hold the fee
3 to a minimum reasonable amount. Fees may not be charged to students eligible for free lunch and must be pro rata for students eligible
4 for reduced price lunches, if the parents or guardians of these students so request.
5 1.11. (SDE: Governor's School for Science & Math) Any unexpended balance on June 30, of the prior fiscal year of funds
6 appropriated to or generated by the Governor's School for Science and Mathematics may be carried forward and expended in the current
7 fiscal year pursuant to the direction of the Board of Trustees of the School. Of the general fund appropriation to the Governor's School
8 for Science and Mathematics, $30,000 must be used to provide for library and facilities improvements at Coker College that will be of
9 benefit both to the College and the School.
10 1.12. (SDE: Educational Responsibility/Foster Care) Notwithstanding any other provision of law, the responsibility for providing
11 a free and appropriate public education program for all children including handicapped students is vested in the public school district
12 wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state operated health care facility including
13 a facility for treatment of mental illness or chemical dependence located within the jurisdiction of the school district. The districts
14 concerned may agree upon acceptable local cost reimbursement. If no agreement is reached, districts providing education shall receive
15 from the district where the child last resided before placement in a facility an additional amount equivalent to the statewide average of the
16 local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. If a
17 child from out-of-state is being resided in a facility owned and/or operated by a for profit entity, the district providing educational services
18 shall be reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base student
19 cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. School districts providing
20 the education shall notify the non-resident district in writing within 45 calendar days that a student from the non-resident district is
21 receiving education services pursuant to the provisions of the proviso. The notice shall also contain the student's name, date of birth, and
22 handicapping condition if available. If appropriate financial arrangements cannot be effected between institutions of the state and school
23 districts, institutions receiving educational appropriations shall pay the local base student cost multiplied by the appropriate pupil
24 weighting. Children residing in institutions of state agencies shall be educated with non-disabled children in the public school districts
25 if appropriate to their educational needs. Such institutions shall determine, on an individual basis, which children residing in the institution
26 might be eligible to receive appropriate educational services in a public school setting. Once these children are identified, the institution
27 shall convene an IEP meeting with officials of the public school district in which the institution is located. If it is determined by the
28 committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the school district
29 in which the institution is located must provide the educational services. However, that school district may enter into contractual
30 agreements with any other school district having schools located within a 45 mile radius of the institution. The cost for educating such
31 children shall be allocated in the following manner: the school district where the child last resided before being placed in an institution
32 shall pay to the school district providing the educational services an amount equivalent to the statewide average of the local base student
33 cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; the school district
34 providing the educational services shall be able to count the child for all funding sources, both state and federal. The institution and school
35 district, through contractual agreements, will address the special education and related services to be provided to students. Should the
SECTION 1 - H63 - EDUCATION, DEPARTMENT OF PAGE 391
1 school district wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the
2 institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities Education Act.
3 1.13. (SDE: Handicapped/Preschool Children) The State funding for free appropriate public education provided for the three and
4 four year old disabled children served under Act 86 of 1993 shall be distributed based on the district's index of taxpaying ability as defined
5 in Section 59-20-20(3). Five-year-old disabled children shall continue to be funded under the Education Finance Act of 1977.
6 1.14. (SDE: Instruction in Juvenile Detention Centers) It shall be the responsibility of the School District where a local Juvenile
7 Detention Center is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this state.
8 Students housed in local detention centers are to be included in the average daily membership count of students for that district and
9 reimbursement by the Department of Education made accordingly.
10 1.15. (SDE: Revenue Authorization) The State Department of Education is hereby authorized to collect, expend, and carry forward
11 revenues in the following areas to offset the cost of providing such services: the sale of publications, brochures, photo copies, listings and
12 labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and high school diplomas and certificates;
13 the collection of out-of-state and in-state investigation fees, registration fees for non-SDE employees, recurring facility inspection fees,
14 teacher certification fees; the handling of audio-visual film; the provision of contract computer services to school districts and other state
15 agencies, joint broadcast service to school districts, and education-related statistics through agreement with the National Center for
16 Education Statistics; the lease or sale of programs of television, audio or microcomputer software; the collection of damage fees for
17 instructional materials and the sale of unusable instructional materials; sale of fuel; use and repair of transportation equipment; the receipt
18 of insurance and warranty payments on Department of Education equipment and the sale of used school buses and support equipment.
19 The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and
20 test rescoring fees. Any State Department of Education fees related to certification services, except for initial certification ($49), are
21 waived. Any certification fees collected by the State Department of Education (except initial certification) since January 1, 1998, must
22 be returned to the payer of such fees.
23 1.16. (SDE: School District Bank Accounts) Notwithstanding any other provisions of law, each school district in this State, upon
24 the approval of the district's governing body, may maintain its own bank account for the purpose of making disbursement of school district
25 funds as necessary to conduct school district business and each county treasurer is hereby authorized to transfer such amount as needed,
26 upon receipt of a written order certified by the district governing body or their designee. Such order shall contain a statement that such
27 amount is for immediate disbursement for the payment of correct and legal obligation of the school district.
28 1.17. (SDE: School Lunch Program Aid) The amount appropriated herein for School Lunch Program Aid shall be divided among
29 the District and/or County Boards of Education of the State upon the basis of the number of schools participating in the School Lunch
30 Program in each county district during the prior school year. The travel expenses of the District and/or County School Lunch Supervisor
31 shall be paid from this appropriation at the prevailing rate of mileage allowed by the State. These funds may be used as an aid in improving
32 the School Lunch Program. These funds may not be used to supplement the salaries of school lunch supervisors. In the absence of a
33 County Board of Education in multi-district counties, the funds will be divided among the school districts of the county on the basis of
34 the number of schools participating in the School Lunch Program in each district during the prior school year.
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1 1.18. (SDE: Teacher Classification/Other Agencies) Employees in teaching positions in schools operated by the Department of
2 Juvenile Justice, the S. C. Department of Corrections and the South Carolina School for the Deaf and the Blind shall be exempt from
3 classification by the Division of Budget and Analyses during the current fiscal year. Employees in teaching positions in schools operated
4 by John De La Howe and Wil Lou Gray Opportunity School, at the discretion of the agency, are exempt from classification by the Office
5 of Human Resources.
6 1.19. (SDE: Teachers/Temporary & Emergency Certificates) Of the funds provided for teacher salaries funds may be used to pay
7 salaries for those teachers holding temporary or emergency certificates which shall remain valid for the current school year if the local
8 board of education so requests. The State Department of Education shall submit to the General Assembly by March 1, of the current fiscal
9 year, a report showing by district the number of emergency certificates by category; including an enumeration of the certificates carried
10 forward from the previous year. No temporary or emergency certificate shall be continued more than twice.
11 1.20. (SDE: Testing/Continuous Assessment) Of the funds appropriated under Section III, Division of Education Initiatives, the
12 Department of Education is authorized to use funds currently allocated for testing in grades 1, and 2 and 6, for a final year, to field-test
13 to support current schools and offer training to other schools whose academic results contribute to their district being in greatest need
14 to use a continuous assessment system for classroom level use in Kindergarten through grade 3 and for piloting new items for the state
15 assessment system. Plans A timeline for the statewide implementation of a continuous assessment system in Kindergarten through grade
16 three and for the new items for the assessment system and plans for the new assessment system must be reported to the Governor's Office,
17 the Senate Education and House Education Committees, no later than December 1, 1997 September 15, 1998.
18 Notwithstanding any other provision of law, for the 1997-98 1998-99 school year the basic skills standards-based assessment tests may
19 be administered in grades 1 and 2; and only the Basic Skills science and writing tests will be administered in grade 6; all other and the
20 Basic Skills tests exit exam will continue to be administered in the established grades. For grades 3-8 the standards-based assessment
21 tests will also be administered. With the exception of the exit exam, all standards-based assessments will be administered for pilot testing
22 new items and field testing assessments which were pilot tested in 1997.
23 1.21. (SDE: Transportation/Demonstration Sites) The Department of Education may designate the Charleston, Beaufort and/or Jasper
24 County School Districts as demonstration sites for privatization of student transportation services and for the coordination of community
25 based public transportation services. In addition, the Budget and Control Board may designate additional school districts as demonstration
26 sites for privatization of student transportation services. Funding for these pilot and demonstration sites shall not exceed that presently
27 utilized to support school transportation in the site(s). Appropriated funds for school bus maintenance, gas, school bus fuel, school bus
28 drivers and school bus fringe benefits are to be used for this project.
29 1.22. (SDE: Travel/Outside of Continental U.S.) School District allocations from General Funds and EIA funds shall not be used
30 for travel outside of the continental United States.
31 1.23. (SDE: Year End Closeout) The State Department of Education is authorized to expend Federal and Earmarked Funds (not
32 including State or EIA Funds) in the current fiscal year for expenditures incurred in the prior year. The Department is also authorized to
33 use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal year.
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1 1.24. (SDE: Transportation Collaboration) The Department of Education School Bus Maintenance Shops shall be permitted, on a
2 cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies in South
3 Carolina.
4 School Buses operated by school districts, other governmental agencies or head start agencies for the purpose of transporting students
5 for school or school related activities shall not be subject to State Motor Fuel taxes. Further, that school districts, other governmental
6 agencies or head start agencies may purchase this fuel, on a cost reimbursable-plus basis, from the Department of Education School Bus
7 Maintenance Shops.
8 1.25. (SDE: Kindergarten - Extended Day) Funds appropriated for the extended day portion of the five-year-old kindergarten program
9 shall be allocated at the EFA weight for half-day kindergarten students. Funding to local districts for the extended-day portion of the
10 kindergarten program shall be the number of students eligible for the federal free and reduced lunch program. Local match is required
11 for the extended-day portion of the funding. Local board of trustees shall establish policies regarding priority of service in the extended-
12 day program. However, unobligated funds which become available during the fiscal year will be redistributed to fund additional eligible
13 children served in the program on a prorated basis. The Department of Education shall immediately undertake a comprehensive evaluation
14 of instructional practices, teaching strategies, and pupil/teacher ratios in order to determine best practices, refine the implementation of
15 the program, and provide professional development and technical assistance to schools and school districts for full-day kindergarten. The
16 first report of the on-going evaluation shall be provided to the Select Committee by July 30, 1998.
17 1.26. (SDE: Assisting, Developing, and Evaluating Professional Teaching--ADEPT) Funds appropriated in Part IA, Section 1 XIII.A-
18 Aid to School Districts-Act 187, may be used for the implementation of the ADEPT system or continuation of the APT system. Of the
19 funds appropriated, $115,000 is to be used to pay colleges and universities for APT and ADEPT services. The remaining funds will be
20 used to reimburse distributed to school districts and Wil Lou Gray Opportunity School, School for the Deaf and the Blind, John de la Howe
21 School, the Governor's School for Mathematics and Science and the Governor's School for the Arts and Humanities for the cost on a per
22 induction contract teacher basis to offset the costs of implementing the ADEPT program.
23 1.27. (SDE: Alternative School Programs) The Department of Education shall proceed with a study of Alternative Schooling to
24 include in-school strategies and programs as well as alternative schools, currently in place in South Carolina and across the nation. The
25 study should address, but is not limited to, curriculum requirements, facility needs, staffing and per pupil costs of successful Alternative
26 Schooling. Findings and recommendations for both urban and rural school areas shall be provided to the General Assembly by December
27 1, 1997.
28 1.28. (SDE: NTE Waiver) For individuals with work experience and content area degree, but who lack South Carolina teaching
29 credentials, the State Board of Education is authorized to waive, for an individual for one year only, the completion of the NTE (Praxis
30 II) subject area exam and pre-service institute required under the State Board of Education's Critical Need Teacher Certification Program
31 if unavoidable circumstances prevent the individual from meeting the requirements and participating in the Critical Need Program. The
32 teachers for whom this waiver is granted shall be entitled to compensation under the school district's teacher salary schedule based on
33 degree and years experience as a teacher. The State Board of Education may grant this waiver to an individual more than one time.
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1 1.29. (SDE: Summer Exit Exam Cost) Funds appropriated in Part IA, Section 1 III.A may be used to offset the costs of the summer
2 administration of the Exit Examination. These funds may be expended to cover the costs related to developing, printing, shipping, scoring,
3 and reporting the results of the assessments. Local school districts may absorb local costs related to administration.
4 1.30. (SDE: Governor's School for Arts & Humanities) Of the funds appropriated in this section for the Governor's School for the
5 Arts and Humanities, such funds may be used for personal services, operating expenses, equipment and other expenses as necessary to
6 complete the school.
7 1.31. (SDE: Governor's School for the Arts & Humanities Carry Forward) Any unexpended balance on June 30, 1998, of funds
8 appropriated to or generated by the South Carolina Governor's School for the Arts & Humanities, may be carried forward and expended
9 in the current fiscal year pursuant to the direction of the Board of Trustees of the School.
10 1.32. (SDE: PSAT/PLAN Reimbursement) DELETED
11 1.33. (SDE: PASS - Performance and Accountability Standards for Schools) Of the funds appropriated for PASS, a minimum of
12 eighty-five percent (85%) of the total shall be allocated for use, as needed, for end-of-grade assessment and the development of assessments
13 based on the State Board of Education approved academic content standards. Of the remaining funds, $596,000 must be used for oversight
14 and monitoring the accountability system. The remaining undesignated funds shall be used to provide technical assistance, professional
15 development and retraining of teachers and principals in standards and assessments.
16 1.34. (SDE: SAT Test Prep Programs) From administrative funds available, the Department of Education shall conduct a study of
17 SAT Test Prep Programs designed for college-bound high school students that are available or currently in use in South Carolina and
18 across the nation. The study should address, but is not limited to, needs assessment, expected performance outcomes, curriculum
19 requirements, facility needs, staffing and cost per pupil utilizing successful SAT test preparation programs. Findings and recommendations
20 for both urban and rural school areas shall be provided to the General Assembly by October 1, 1998.
21 1.35. (SDE: Defined Minimum Program Personnel Requirements) Administrative personal service positions required by the Defined
22 Minimum Program for South Carolina School Districts and/or any positions listed in the professional certified staff listing, may only be
23 filled by individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another
24 method) from the hiring school district. Any public school district that hires a corporation, partnership, or any other entity other than
25 an individual to fill an administrative position required by the Defined Minimum Program for South Carolina School Districts and/or any
26 positions listed in the professional certified staff listing will have its EFA and/or EIA allocation reduced by the amount paid to that
27 corporation, partnership, or other entity. Compliance with this requirement will be made part of the single audit process of local public
28 school districts as monitored by the State Department of Education. Temporary instructional positions for special education, art, music,
29 critical shortage fields as defined by the State Board of Education, as well as temporary positions for grant writing and testing are
30 excluded from this requirement.
31 1.36. (SDE: Public School District Performance Audit) DELETED
32 1.37. (SDE: School Buses) One new school bus shall be provided by the Department of Education to John De La Howe School and
33 one new school bus shall be provided to the S.C. School for the Deaf and the Blind from the funds appropriated for new school buses.
SECTION 1 - H63 - EDUCATION, DEPARTMENT OF PAGE 395
1 1.38. (SDE: School Bus Specifications Committee) Prior to the expenditure of funds appropriated for new school buses, there shall
2 be established within the Department of Education a Specifications Committee of which at least one member shall be an employee of the
3 Materials Management Office of the Budget and Control Board.
4 All potential responsive school bus vendors shall be given an opportunity to appear before the Specifications Committee to present their
5 recommendations for school buses purchased by the State. Not until after the presentations are made will the Committee adopt
6 specifications for submittal to the Materials Management Office for procurement administration and review by the Budget and Control
7 Board.
8 1.39. (SDE: Public School Employee Cost Savings Program) The State Department of Education, with resources appropriated in
9 Section 1, shall implement the Public School Employee Cost Savings Program as authorized in Section 59-1-452 for the purpose of making
10 cash awards to individual school district employees for cost savings ideas which are proven to be workable. The Department must report
11 to the House Ways and Means Committee, House Education Committee, Senate Finance Committee and Senate Education Committee as
12 to the savings generated by this program by December 1, 1999.
13