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COMMITTEE AMENDMENT ADOPTED
April 20, 1999
H. 3082
Introduced by Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, W. McLeod, Simrill, Knotts and Webb
S. Printed 4/20/99--S.
Read the first time February 23, 1999.
TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-1300. The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is, therefore, the intent of this article to encourage district school boards throughout the State to establish alternative school programs. These programs shall be designed to provide appropriate services to students who for academic or behavioral reasons are not benefiting from the regular school program or may be interfering with the learning of others. It is further the intent of this article that cooperative agreements may be developed among school districts in order to implement innovative exemplary programs.
Section 59-63-1310. School districts which choose to establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs shall be eligible for funding provided by the General Assembly for this purpose. The program must be operated at a site separate from other schools unless operated at a time when those schools are not in session or in another building on campus or in a defined area within a building which would provide complete separation from other students. These programs shall be provided for, but not limited to, students in grades 6-12.
Section 59-63-1320. Alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting and State requirements may be waived in these areas if such waiver assists the alternative school in meeting its purpose.
Section 59-63-1330. To be eligible for funding, a district or consortium must submit a plan for the program which includes:
(a) purposes of the school,
(b) the policy for the basis of enrollment in the school, and
(c) description of how the school will focus on the educational and behavioral needs of the students. This description must include strategies for individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic achievement standards in the core academic areas, provisions for a low pupil-teacher ratio, utilization of available technology, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and student time lines for meeting the academic and conduct standards set. The alternative program may be provided in conjunction with the adult education program, where appropriate. Goals and interim goals and data collection for program evaluation must be a part of the program plan.
The instructional program should enable students to make the transition to a regular school program, earn a high school diploma or GED, or seek postsecondary education. Steps should be taken to ensure that credit earned by students participating in the alternative school program can be transferred to other public schools in the State; provided, nothing herein shall prohibit school districts and/or the South Carolina Department of Education from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able successfully to complete the requirements for a diploma.
Alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting and State requirements may be waived in these areas if such waiver assists the alternative school in meeting its purpose.
Section 59-63-1340. A school district or consortium must establish guidelines to provide transportation to students attending an alternative school.
Section 59-63-1350. Boards of trustees, following local policies, should consider placement in the alternative school as an option to expulsion. However, nothing in this article shall abrogate the authority of any public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct including, but not limited to, expulsion and nothing in this chapter shall require that any student be assigned to such an alternative school.
Section 59-63-1360. Each school district or consortium shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population served by the school. Each school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.
Section 59-63-1370. A school district shall allocate to an alternative school program the same per student expenditure to include federal, state, and local funds that would be allocated to the student's school if the student were attending the student's regularly assigned school. This shall include any appropriate special education funding.
Districts or consortia meeting the eligibility requirements for alternative school funding shall receive a base funding minimum of $50,000 or up to $200,000 depending on the student population of the district or consortium and the projected school population. However, districts in a multi-district county with a total student population of less than 7,000 will not qualify for base funding for an alternative school unless in consortium. The State Board of Education shall establish guidelines for determining the amount of base funding for eligible programs. It is the intent of the General Assembly that eligible programs, beginning with school year 2000-2001, shall also receive per pupil funding based on the average daily membership of the students served by the program at an Education Finance Act weighting of 1.74. Per pupil funds for the alternative school program shall be distributed through the EFA formula provided for in Section 59-20-40. These funds shall be used for the establishment, maintenance, and operation of alternative schools programs.
Districts or consortia developing plans for the establishment of an alternative school shall be eligible for a planning grant of no more than $5,000.
Section 59-63-1380. The State Department of Education shall review alternative school plans for eligibility for funding and provide technical assistance for planning, establishing, and implementing an alternative school based on best practice. The department shall assist any district or consortia whose plan does not meet the eligibility criteria; however, no funding will be approved until the plan ensures implementation of appropriate services for students served by the alternative school.
Section 59-63-1390. Clear procedures shall be established for an annual review of the implementation and progress of the alternative school programs and a three-year cycle evaluation shall examine the success of this initiative. If an annual review or the evaluation finds a program is not making progress to carry out the alternative school plan or meet the locally established outcome measures, the Department of Education shall provide technical assistance and future funding may be terminated."
SECTION 2. Section 59-18-1900 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.
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