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COMMITTEE AMENDMENT ADOPTED
May 27, 2004
H. 4048
Introduced by Reps. J.R. Smith, Scarborough, Neilson, Cotty, Anthony, Bailey, Barfield, Cato, Ceips, Clark, Clemmons, Coates, Cooper, Davenport, Duncan, Edge, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hinson, Huggins, Keegan, Leach, Limehouse, Loftis, Lucas, McGee, Owens, Perry, Pinson, E.H. Pitts, Quinn, Rice, Sandifer, Simrill, Sinclair, Skelton, D.C. Smith, W.D. Smith, Stewart, Talley, Thompson, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Wilkins, Witherspoon, Young, Merrill, G.M. Smith, Chellis, Bingham, Bowers, Herbkersman, Littlejohn and White
S. Printed 5/27/04--S.
Read the first time May 27, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTABLE RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2004.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) flexibility in the use of funding provides opportunities for fiscal efficiencies and maximum benefit to students;
(2) programs established by statute or regulation must be continued to meet the needs of individual students or to compensate and reward teachers; and
(3) the State has a continuing responsibility to support the operations, infrastructure, and safety of schools.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-155-10. This chapter may be cited as the 'S.M.A.R.T. (Streamlined Management and Accounting Resources for Teaching) Funding in Education Act'.
Section 59-155-20. (A) There is established a fund management and accounting program, called 'S.M.A.R.T. Funding in Education', that, beginning July 1, 2004, must allow transferability of all program funding to the state's school districts and special schools for enhanced flexibility in their operations of grades K-12.
(B) Once statutory and regulatory program requirements have been fulfilled, a local school district board of trustees has the authority to transfer up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for direct classroom instruction. A transfer may not deny an educator basic or supplementary compensation provided by statute. A transfer may not waive or reduce funds required for a program match in a district choosing to continue a federal program requiring matching funds.
Section 59-155-30. (A) The State Department of Education shall provide the details of transfers by local school districts to members of the General Assembly and the Governor upon request. A school district may carry forward unexpended funds from the previous fiscal year into the next fiscal year to be used for the original purpose.
(B) All transfers executed pursuant to this chapter must be completed by May first of the current fiscal year. A local school district board of trustees may expend funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, for an instructional program.
(C) Any grant or technical assistance funds allocated directly to an individual school must not be reduced or reallocated within the school district and must be expended by the receiving school only according to the guidelines governing the funds.
Section 59-155-40. (A) The State Board of Education shall promulgate regulations or publish guidelines necessary to effectuate the provisions of this chapter including, but not limited to, a procedure for the review of all transfers authorized by this chapter.
(B) The State Department of Education shall adopt and implement an accounting procedure between the department and each local school district for oversight and management of transfers made pursuant to this chapter. A local school district shall utilize, throughout the year, the uniform accounting procedure to facilitate timely and consistent reporting."
SECTION 3. Upon approval by the Governor, this act takes effect July 1, 2004.
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