Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act must be known and may be cited as the "South Carolina Career Opportunity and Access for All Act".
SECTION 2. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-485. Recognizing that a vibrant workforce is critical to sustaining and growing the economy of this State by servicing existing industry and attracting new industry, the State of South Carolina must endeavor to increase the number of South Carolinians who are ready and able to fill jobs demanded by a dynamic and evolving economy to promote a statewide culture of excellence in education. To achieve this purpose, the State of South Carolina establishes an overall statewide workforce readiness goal of at least sixty percent of all working-age South Carolinians having a post-secondary degree or recognized industry credentials before the year 2030. This goal is consistent with all students graduating and having the knowledge, skills, and characteristics contained in the Profile of the South Carolina Graduate. The General Assembly is encouraged to reexamine and revise this goal on an ongoing basis as needed."
SECTION 3. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-1510. This article must be known and may be cited as the 'Student Bill of Rights'.
Section 59-63-1520. All
students should be able to expect the following:
(1) a General Assembly
and Governor who are responsive to ideas for improvement
throughout the zero to workforce education system;
(2) a State
Superintendent of Education and State Board of Education that
engage students in designing policies and programs that improve
educational outcomes for all children;
(3) a balanced
education and curriculum tailored to students' individual needs
which prepares them to be college-ready, career-ready, and
civic-ready for life beyond high school. To attain this
education, students should:
(a)
be afforded school districts that are financially stable
and academically responsible to the educational needs of all
students;
(b)
be governed by school boards that are focused on serving
the educational needs of students by acting ethically and hiring
dedicated and qualified superintendents and other district
staff;
(c)
be led by superintendents who recruit and retain excellent
principals and who ensure that school faculty and staff receive
high quality professional development and support; and
(d)
receive instruction and support from highly qualified
teachers who strive to serve students with the highest
professional integrity and always seek to improve their
skills;
(4) to attend schools
that are safe and well-maintained;
(5) to feel mentally,
physically, and emotionally safe while in school;
(6) to understand rules
and procedures in their school, and have the opportunity to
address unfair treatment;
(7) to continue to have
the option to attend charter schools, magnet schools, and
schools for students with disabilities that participate in
Exceptional SC that are outside of their zoned area and meet
their individual needs and aspirations;
(8) to have parents or
guardians who are involved with their student's education,
ensure their child's consistent attendance at school, and work
with educators to promote their success; and
(9) to attend school in
an educational system that puts their success first."
SECTION 4. Section 59-5-10 of the 1976 Code is amended to read:
"Section 59-5-10.
(A)(1) The State Board of
Education shall must be composed of one
member from each judicial circuit. The members shall serve terms
of four years and until their successors are elected and
qualify, except of those first elected, the members from the
fifth, tenth and fourteenth circuits shall serve terms of one
year; the members from the first, sixth, eighth and twelfth
circuits shall serve terms of two years and the members from the
fourth, seventh, ninth and eleventh circuits shall serve terms
of three years. The terms of all members shall
must commence on January first following their
election.
(2)
The legislative delegations representing the
counties of each judicial circuit shall meet upon written call
of a majority of the members of the delegations of each judicial
circuit at a time and place to be designated in such call for
the purpose of electing a member of the Board to represent such
circuit. A majority present, either in person or by written
proxy, of the members of the county legislative delegations from
a given circuit shall constitute a quorum for the purpose of
electing a member, but no person shall
may be declared elected who shall fail to receive a
majority vote of all the members of the county legislative
delegations from the circuit. The joint county legislative
delegations of each circuit shall must
be organized by the election of a chairman and a secretary and
such joint legislative delegations shall, subject to the
provisions herein, adopt such rules as they
deem consider proper to govern the
election. Any absentee may vote by written proxy. When the
election is completed, the chairman and secretary of the joint
county legislative delegations of each circuit shall immediately
transmit the name of the person elected to the Secretary of
State who shall forthwith issue to such person, after he has
taken the usual oath of office, a certificate of election as a
member of the State Board of Education. The Governor shall
thereupon issue a commission to such person and pending such
issuance the certificate of election shall
must be a sufficient warrant to such person to perform
all of the duties and functions of his office.
(3)
Any vacancy shall must be
filled in the same manner as the original appointment for the
unexpired portion of the term.
(4)
Representation of a given judicial circuit on the
State Board of Education shall must be
rotated among the counties of the circuit, except by unanimous
consent of all members of the county legislative delegations
from the circuit. No member shall succeed himself in office
except by unanimous consent of the members of the county
legislative delegations from the circuit. Members of the
legislative delegation of any county entitled to a member of the
board shall nominate persons for the office, one of whom
shall must be elected to the board.
(5)
The board shall select its chairman and other
officers to serve for such terms as the board may designate.
Provided, the Superintendent of Education shall serve as
secretary and administrative officer to the board. The board
shall adopt its own rules and procedures. The chairman and other
officers shall have such powers and duties as may be determined
by the board not inconsistent with the law.
(6)
At the initial meeting of the legislative
delegations representing the counties of each circuit, it
shall must be determined by lot the
sequence in which each county shall be
is entitled to nominate persons for the office.
(B) In
addition to the members of the State Board of Education provided
in subsection (A), the State Board of Education also shall
include the following nonvoting advisory members. Nonvoting
advisory members may not serve as chairman of the board.
(1)
one nonvoting advisory member who is a public
school student appointed by the Governor for a one-year term. A
nonvoting student advisory member may not serve if he
discontinues attending public school in this State. A vacancy
must be filled for the remainder of the term. A person may serve
no more than two years as a nonvoting advisory member.
(2)
the current South Carolina Teacher of the Year
who shall serve as a nonvoting advisory member."
SECTION 5. Title 1 of the 1976 Code is amended by adding:
Section 1-12-110. (A)
There is established within the Office of
the Governor the 'Zero to Twenty Committee' which is created
to:
(1)
monitor the state education and workforce pipeline to
continually determine the education and training levels required
by the State's employers;
(2)
identify and recommend improvements regarding efficiency
and cooperation of agencies and programs throughout the age zero
to twenty education and workforce pipeline; and
(3)
report findings and recommendations to the Governor and
General Assembly on a continuous basis.
(B)(1) The committee
shall consist of ten members. The Governor shall serve as
chairman of the committee. The Governor may delegate the
position and duties of chairman of the committee to the
Lieutenant Governor. The other members must be appointed as
follows:
(a)
three members appointed by the Governor;
(b)
one member appointed by the Speaker of the House;
(c)
one member appointed by the Chairman of the House Ways and
Means Committee;
(d)
one member appointed by the Chairman of the House
Education and Public Works Committee;
(e)
one member appointed by the President of the Senate;
(f)
one member appointed by the Chairman of the Senate Finance
Committee; and
(g)
one member appointed by the Chairman of the Senate
Education Committee.
(2)
Committee members may not concurrently serve as a member
of the General Assembly.
(C) Appointed members
must have a background in early childhood education, K-12
education, higher education, business, workforce development, or
economic development. Provided that two members must be a
current or retired highly-effective teacher with one of those
teachers appointed from the member allotment, provided herein,
for the House of Representatives and one from the member
allotment, provided herein, for the Senate.
(D) A member of the
committee shall serve for a term of five years and until their
successors are appointed and qualified.
(E) A vacancy must be
filled in the manner of the original appointment for the
unexpired term.
(F) The Governor shall
hire an executive director. The executive director must possess
a background in at least one of the following: early childhood
education, K-12 education, higher education, business, workforce
development, or economic development. The Governor shall
appropriate staff to fulfill the requirements of this section.
This section takes effect upon the appropriation of funding for
the positions by the General Assembly.
(G) A member of the
committee may serve no more than two consecutive terms. A member
having served two consecutive terms may be eligible for
reappointment one year after the expiration of his second
term.
(H) The committee may
elect other officers from among its members as necessary.
(I) A quorum for
transacting business shall consist of a majority of the
membership as constituted at the time of a meeting.
(J) A vacancy on the
committee does not impair the right of the remaining members to
exercise all the powers of the committee.
(K) A member of the
committee is entitled to such per diem, mileage, and subsistence
as is provided by law for boards, commissions, and
committees.
(L) Initial
appointments must be made by August 1, 2020, at which time the
Governor or his designee shall call the first meeting.
Section 1-12-120.
Before October 1, 2021, the committee shall establish a
series of benchmarks that must include, but are not limited to
the following:
(1) access to quality
early learning, as determined by the committee, including the
number of three and four-year old children in quality
early-learning settings;
(2) third grade reading
proficiency, including the percentage of third grade students
who score 'Meets' or 'Exceeds Expectations' on the SC Ready
assessment, or its successor;
(3) eighth grade
mathematics, including the percentage of eighth grade students
who score 'Meets' or 'Exceeds Expectations' on the SC Ready
assessment, or its successor;
(4) high school
graduation rates, including the percentages of students who
graduated in four and five years;
(5) youth
nonparticipation, including the percentage of South Carolina
residents between sixteen and eighteen years of age who are not
going to school on the secondary level or in adult education,
not in the military, or not otherwise working;
(6) post-high school
enrollment, including the percentage of South Carolina high
school graduates who are in postsecondary education the semester
after graduation from high school or are gainfully employed;
and
(7) post-high school
education attainment, including the percentage of South Carolina
residents ages twenty-two through sixty-five who have completed
a two-or four-year degree, or have received a nationally
recognized certification as determined by the Department of
Commerce.
Section 1-12-130. With
assistance and consultation from the Department of
Administration, the committee shall create a publicly accessible
website that reports the information required in Section
1-12-120. The committee shall add language explaining the
benchmarks and annually shall update the website to show the
progress of the State toward meeting each goal.
Section 1-12-140. Beginning in 2021, the committee annually, before December first, shall provide a comprehensive report to the Governor and General Assembly that specifically identifies areas within the Zero to Twenty education and workforce pipeline where state agencies and other publically funded entities are failing to meet the benchmarks identified in this section. The committee must provide recommendations regarding ways that state and local efforts can be improved, ways that collaboration and cooperation among state and local agencies and resources can be increased, and efforts underway or being considered in other states that address the noted areas of concern. The committee also shall recommend legislation it considers necessary."
SECTION 6. Article 1, Chapter 29, Title 59 of the 1976 Code is amended by adding:
"Section 59-29-250.
(A) The purpose of this section is to
expand access to computer science learning experiences to all
students because computer science supports literacy, math,
problem-solving, and technological skills, and advances
productivity in every discipline, industry, and profession.
(B) The State Board of
Education shall conduct, at least every five years, a cyclical
review of grade appropriate standards for computer science,
computational thinking, and computer coding for grades
kindergarten through grade twelve. Experts and officials from
higher education, business and industry, to include information
technology or computer science, must be included in the review
and development of the standards.
(C) No later than the
beginning of the 2020-2021 School Year, each public high school
and public charter high school must offer at least one computer
science course that:
(1)
is rigorous and standards-based;
(2)
meets or exceeds the curriculum standards and requirements
established by the State Board of Education;
(3)
meets the needs of diverse students who will pursue
postsecondary education or who will enter careers in computing
and information technology upon graduation; and
(4)
is made available in a traditional classroom setting, in a
dual-enrollment course, blended-learning environment,
online-based, or other technology-based format tailored to meet
the needs of each participating student.
Information on computer science course
offerings and student enrollment must be reflected on the annual
high school report cards.
(D) Beginning in the
2020-2021 School Year, the Department of Education shall:
(1)
employ one full-time employee whose sole responsibility is
to coordinate and lead the South Carolina Computer Science
Education Initiative, provided the employee must have prior work
experience in the computer science or information technology
industry;
(2)
support K-12 academic and computer science teachers in
designing interdisciplinary, project-based instruction and
assignments that engage students in applying literacy, math, and
computational thinking skills to solve problems;
(3)
design career pathways that connect students to
postsecondary programs, degrees, or postsecondary credentials in
high demand career fields including, but not limited to,
cybersecurity, information systems, informatics, graphic design,
computer engineering, and software development as identified by
the Department of Commerce;
(4)
offer professional development and teacher endorsements to
new teachers who will teach computer science;
(5)
provide information and materials which identify emerging
career opportunities in computer science and related fields to
parents, students, teachers, and guidance counselors; and
(6)
assist districts in developing partnerships with business,
industry, higher education, and communities to provide
afterschool and extracurricular activities that engage students
in computer science.
(E) The State Board of
Education shall promulgate regulations to create certification
pathways for computer science teachers. The Department of
Education shall develop criteria for postsecondary computer
science teacher preparation programs.
(F) Recognizing that
successful implementation of computer science education requires
effective instruction, the Department of Education shall develop
guidelines for use by school districts and schools outlining the
educational and degree requirements appropriate for computer
science teachers. The Commission on Higher Education shall
determine what, if any, financial incentives are needed by
institutions of higher education to design programs to prepare
and credential computer science teachers."
SECTION 7. Section 59-18-310(B)(1) of the 1976 Code is amended to read:
"(1) The statewide
assessment program must include the subjects of English/language
arts, mathematics, and science, and social
studies in grades three through eight, as delineated in
Section 59-18-320, and end-of-course tests for courses selected
by the State Board of Education and approved by the Education
Oversight Committee for federal accountability, which award
units of credit in English/language arts, mathematics,
and science, and social studies. A
student's score on an end-of-year assessment may not be the sole
criterion for placing the student on academic probation,
retaining the student in his current grade, or requiring the
student to attend summer school. Beginning with the graduating
class of 2010, students are required to pass a high school
credit course in science and a course in United States
history in which an end-of-course
examinations are examination is
administered to receive the state high school diploma. Beginning
with the graduating class of 2015, students are no longer
required to meet the exit examination requirements set forth in
this section and State Regulation to earn a South Carolina high
school diploma."
SECTION 8. Section 59-18-320(A) and (B) of the 1976 Code is amended to read:
"(A) After the
first statewide field test of the assessment program in each of
the four three academic areas, and after
the field tests of the end of course assessments of high school
credit courses, the Education Oversight Committee, established
in Section 59-6-10, will review the state assessment program and
the course assessments for alignment with the state standards,
level of difficulty and validity, and for the ability to
differentiate levels of achievement, and will make
recommendations for needed changes, if any. The review will be
provided to the State Board of Education, the State Department
of Education, the Governor, the Senate Education Committee, and
the House Education and Public Works Committee as soon as
feasible after the field tests. The Department of Education will
then report to the Education Oversight Committee no later than
one month after receiving the reports on the changes made to the
assessments to comply with the recommendations.
(B) After review and approval by the
Education Oversight Committee, and pursuant to Section
59-18-325, the standards-based assessment of mathematics,
English/language arts, social studies, and
science will be administered for accountability purposes to all
public school students in grades three through eight, to include
those students as required by the federal Individuals with
Disabilities Education Improvement Act and by Title 1 of the
Elementary and Secondary Education Act. To reduce the number of
days of testing, to the extent possible, field test items must
be embedded with the annual assessments. To ensure that school
districts maintain the high standard of accountability
established in the Education Accountability Act, performance
level results reported on school and district report cards must
meet consistently high levels in all four
three core content areas. For students with documented
disabilities, the assessments developed by the Department of
Education shall include the appropriate modifications and
accommodations with necessary supplemental devices as outlined
in a student's Individualized Education Program and as stated in
the Administrative Guidelines and Procedures for Testing
Students with Documented Disabilities."
SECTION 9. Section 59-18-325(C)(3) of the 1976 Code is amended to read:
"(3) Beginning
with the 2017-2018 School Year, the department shall procure and
administer the standards-based assessments of mathematics and
English/language arts to students in grades three through eight.
The department also shall procure and administer the
standards-based assessment in science to students in grades
four, and six, and eight, and
the standards-based assessment in social studies to students in
grades five and seven. Beginning with the 2021-2022
School Year, the Department of Education, working with their
assessment vendor, must embed assessment items on the SC Ready
reading and writing assessments that address the appropriate
grade-level social studies standards."
SECTION 10. Chapter 156, Title 59 of the 1976 Code is amended by adding:
"Section 59-156-250.
(A) Before August 1, 2021, the Office
of First Steps to School Readiness and the State Department of
Education shall report to the Speaker of the House and President
of the Senate the following information:
(1)
the number of four-year-olds eligible for the South
Carolina Child Early Reading Development and Education Program,
and the number of four-year-olds enrolled in, and the number
funded, at the forty-fifth and one hundred thirty-fifth day of
the program, provided this information must be reported by the
school district and local First Steps partnerships, and must
include the number of children served by public and private
providers;
(2)
kindergarten readiness assessment scores by district,
differentiated by public and private providers;
(3)
the number of K4 classrooms added in each of the previous
five school years; and
(4)
the number of K4 classrooms provided in item (3) that are
considered to be high quality, and the basis for the
determination.
(B) In addition to the
requirements of subsection (A), the report also shall include a
detailed plan for increasing the number of students served
throughout the State, with an emphasis on districts in Tier III
and IV counties as determined in Section 12-6-3360.
(C) Before August 1,
2023, the Office of First Steps to School Readiness and the
State Department of Education shall issue an additional report
to the Speaker of the House and President of the Senate updating
the information originally reported in 2021 pursuant to
subsection (A)."
SECTION 11.A. Section 59-104-20(G) of the 1976 Code is amended to read:
"(G) In addition
to qualifications established by regulation, to qualify for a
Palmetto Fellows Scholarship, a student shall:
(1)
meet the following three four
criteria:
(a)
a minimum score of 1200 on the Scholastic Aptitude Test
(SAT) or an equivalent ACT score a score of
25 on the ACT;
(b)
a cumulative 3.5 grade point ratio on the Uniform Grading
Scale at the end of the junior or senior year;
and
(c)
rank in the top six percent of the class at the end of the
sophomore, junior, or senior year. When calculating eligibility
for Palmetto Fellows Scholarships in schools where the top six
percent of the graduating class is two students or less, the top
two students must be considered for the scholarship regardless
of class rank. The top six percent of the graduating class must
meet all Palmetto Fellows Scholarship eligibility requirements
in order to receive a scholarship. If the top six percent of the
class is not a whole number of students, the Commission on
Higher Education shall round up to the next whole number of
students eligible; or and
(d)
beginning July 1, 2024, earn at least one unit
of credit in mathematics or computer science and one unit of
credit in English/language arts during the senior year which may
be accomplished by dual enrollment or college credit. These
units must be provided at no cost to the student; or
(2)
meet the following two three
criteria:
(a)
a minimum score of 1400 on the Scholastic Aptitude Test
(SAT) or an equivalent ACT score a score of
31 on the ACT; and
(b)
a cumulative 4.0 grade point ratio on the Uniform Grading
Scale at the end of the junior or senior year; and
(c)
beginning July 1, 2024, earn at least one unit
of credit in mathematics or computer science and one unit of
credit in English/language arts during the senior year which may
be accomplished by dual enrollment or college credit. These
units must be provided at no cost to the student.
Qualifying scores must be certified by the
high school on the Palmetto Fellows Scholarship application by
the scholarship application deadline. For the purposes of
meeting the rank criteria pursuant to this subsection, the
existing high school rank of a South Carolina resident attending
an out-of-state high school may be used provided it is
calculated pursuant to a state-approved, standardized grading
scale at the respective out-of-state high school. If the
Commission on Higher Education determines that a state-approved
standardized grading scale substantially deviates from the South
Carolina Uniform Grading Scale, the state-approved standardized
grading scale shall not be used to meet the eligibility
requirements for the Palmetto Fellows Scholarship."
B. The provisions of this SECTION do not apply to students in the senior class of the 2020-2021 School Year.
SECTION 12.A. Section 59-149-50(A) of the 1976 Code is amended to read:
"(A) To be
eligible for a LIFE Scholarship, a student must be either a
student who has graduated from a high school located in this
State having earned at least one unit of credit in
mathematics or computer science and one unit of credit in
English/language arts which may be accomplished by dual
enrollment during the senior year beginning July 1, 2024, a
student who has completed at least three of the final four years
of high school within this State, a home school student who has
successfully completed a high school home school program in this
State in the manner required by law, a student who has graduated
from a preparatory high school outside this State, while a
dependent of a parent or guardian who is a legal resident of
this State and has custody of the dependent, or a student whose
parent or guardian has served in or has retired from one of the
United States Armed Forces within the last four years, paid
income taxes in this State for a majority of the years of
service, and is a resident of this State. These students also
must meet the requirements of subsection (B) and be eligible for
in-state tuition and fees as determined pursuant to Chapter 112,
Title 59 and applicable regulations. In addition, the student
must have graduated from high school with a minimum of a 3.0
cumulative grade average on a 4.0 scale and have scored 1100 or
better on the Scholastic Aptitude Test (SAT) or have the
equivalent ACT score 22 on the ACT; provided
that, if the student is to attend such a public or independent
two-year college or university in this State, including a
technical college, the SAT/ACT requirement does not
apply. If a student chooses to attend such a public or
independent institution of this State and does not make the
required SAT/ACT score or the required high school grade
point average, as applicable, the student may earn a LIFE
Scholarship after his freshman year if he meets the grade point
average and semester credit hour requirements of subsection (B).
For the purpose of meeting the rank criteria pursuant to this
section, the existing high school rank of a South Carolina
resident attending an out-of-state high school may be used
provided it is calculated pursuant to a state-approved,
standardized grading scale at the respective out-of-state high
school. If the Commission on Higher Education determines that a
state-approved standardized grading scale substantially deviates
from the South Carolina Uniform Grading Scale, the
state-approved standardized grading scale shall not be used to
meet the eligibility requirements for the LIFE
Scholarship."
B. In the event SAT or ACT changes their respective scoring ranges, the Commission on Higher Education shall adjust the minimum scores required by this Chapter in order to ensure equivalency.
C. The provisions of this SECTION do not apply to students in the senior class of the 2020-2021 School Year.
SECTION 13. Chapter 155, Title 59 of the 1976 Code is amended by adding:
"Section 59-155-155.
(A)(1) The State Board of Education
shall approve no more than five reliable and valid early
literacy and numeracy screening assessment instruments for
selection and use by school districts in kindergarten through
third grade.
(2)
An early literacy assessment instrument must:
(a)
provide screening and diagnostic capabilities for
monitoring student progress in reading;
(b)
measure, at a minimum, phonological awareness, decoding
and encoding, fluency, vocabulary, and comprehension; and
(c)
identify students who have a reading deficiency, including
identifying students with characteristics of dyslexia.
(3)
An early numeracy assessment instrument must provide
screening and diagnostic capabilities.
(4)
In determining which instruments to approve, the board
shall consider, at a minimum, the following factors:
(a)
the time required to conduct the assessments, with the
intention of minimizing the impact on instructional time;
(b)
the level of integration of assessment results with
instructional support for teachers and students;
(c)
the timeliness in reporting assessment results to
teachers, administrators, and parents; and
(d)
the level of integration of assessment results with
instructional support for teachers and pupils.
(B) A district shall
administer one or more instruments in the first thirty days of
the school year and repeat, if and only if, the student
demonstrates literacy and numeracy deficiencies at midyear and
at the end of the school year to determine student progression
in reading and numeracy in kindergarten through third grade. The
department shall reimburse districts for the cost of the
instrument or instruments selected upon receipt of assessment
data used in the progress monitoring system. All school
districts must use one of the literacy and numeracy screening
instrument or instruments selected by the department; however,
no literacy or numeracy screening instrument or instruments must
be used by school districts to determine whether a student will
be promoted to the next grade level. For the purposes of this
section, 'literacy' means ability to read and write and
'numeracy' means fluency in understanding numbers and
mathematical operations. Classroom teachers also must be
provided support by the department in administering instruments
and in understanding the results so that the teacher can provide
the appropriate evidence-based intervention.
(C) A school district
may submit a waiver to the State Board of Education to use an
alternative early literacy and numeracy screening assessment.
The additional screener must meet minimum technical,
administration, and content criteria as determined by the
department.
(D)(1) The department
shall:
(a)
implement an online reporting system to monitor the
effectiveness of the early literacy or numeracy screening
assessment instruments; and
(b)
require school districts annually to submit data requested
by the department which may be used to determine whether the
assessment instruments accurately are identifying students in
need.
(2)
The online reporting system provided in item (1) must:
(a)
track, screen, and monitor the reading and early numeracy
progress of students in kindergarten through third grade toward
third grade reading proficiency and mathematics proficiency at
the state, district, and school levels; and
(b)
create a consistent statewide reporting mechanism to
identify students with a reading deficiency, including students
with dyslexia.
SECTION 14. Section 59-155-110(4) of the 1976 Code is amended to read:
"(4) each student
receives targeted, effective, comprehension
comprehensive support from the classroom teacher and, if
needed, supplemental support from a reading interventionist so
that ultimately all students can comprehend grade-level
texts;"
SECTION 15. Section 59-155-120(5) and (10) of the 1976 Code is amended to read:
"(5) 'Reading interventions' means individual or group assistance in the classroom and supplemental support based on curricular and instructional decisions made by classroom teachers who have proven effectiveness in teaching reading and an add-on literacy endorsement or reading/literacy coaches who meet the minimum qualifications established in guidelines published by the Department of Education. An intervention must be evidence-based and follow the three tiers of the Response to Intervention (RTI) framework.
(10) 'Substantially
fails to demonstrate third-grade reading proficiency' means a
student who does not demonstrate reading proficiency at the end
of the third grade as indicated by scoring at the lowest
achievement level on the statewide summative reading assessment
that equates to Not Met 1 on the Palmetto Assessment of
State Standards (PASS) in English/language
arts."
SECTION 16. Section 59-155-130(3) and (4) of the 1976 Code is amended to read:
"(3) working
collaboratively with institutions of higher learning offering
courses in reading and writing and those institutions of higher
education offering accredited master's degrees in
reading-literacy to design coursework leading to a literacy
teacher add-on endorsement by the State. The coursework must
be founded on scientifically based reading practices and
evidence-based interventions, including how to use the data to
identify struggling readers and inform instruction;
(4) providing professional development
on scientifically based reading practices and evidence-based
interventions, including use of data to identify struggling
readers and inform instruction in reading and coaching for
already certified reading/literacy coaches and literacy
teachers;"
SECTION 17. Section 59-155-140(B)(2)(a) is amended to read:
"(a) document the
reading and writing assessment and instruction planned for all
PK-12 students and the interventions in prekindergarten through
twelfth grade to be provided to all struggling readers who are
not able to comprehend grade-level texts. Supplemental
instruction shall must be provided by
teachers who have a literacy teacher add-on endorsement and
offered during the school day and, as appropriate, before or
after school in book clubs, through a summer reading camp, or
both. The district must continue to provide appropriate
in-class intervention and at least thirty minutes of
supplemental intervention by certified teachers who have a
literacy add-on endorsement until all pre-kindergarten through
twelfth grade students can comprehend and write text at grade
level;"
SECTION 18. Section 59-155-150(B) of the 1976 Code is amended to read:
"(B) Any student
enrolled in prekindergarten, kindergarten, first grade, second
grade, or third grade who is substantially not demonstrating
proficiency in reading, based upon formal diagnostic
assessments or through teacher observations
universal screening and diagnostic assessments and teacher
observations, must be provided intensive in-class and
supplemental reading intervention immediately upon
determination. These assessments may be used to satisfy the
screening requirements provided in Article 5, Chapter 33 of this
title. The intensive interventions must be provided as
individualized and small group assistance based on the analysis
of assessment data. All sustained interventions must be aligned
with the district's reading proficiency plan. These
interventions must be at least thirty minutes in duration and be
in addition to ninety minutes of daily reading and writing
instruction provided to all students in kindergarten through
grade three. The district must continue to provide intensive
in-class intervention and at least thirty minutes of
supplemental intervention until the student can comprehend and
write text at grade-level independently. In addition, the parent
or guardian of the student must be notified, in writing, of the
child's inability to read grade-level texts, the interventions
to be provided, and the child's reading abilities at the end of
the planned interventions. The intensity and duration of the
intervention must be appropriate to meet specific needs of each
student to ensure that the student is on track to be reading on
grade level by the end of the third grade. The results of
the initial assessments and progress monitoring also must be
provided to the Read to Succeed Office."
SECTION 19. Section 59-155-160 of the 1976 Code is amended to read:
"Section 59-155-160.
(A) Beginning with the
2017-2018 2019-2020 School Year, a
student must be retained in the third grade if the student fails
to demonstrate reading proficiency at the end of the third grade
as indicated by scoring at the lowest achievement level on the
state summative reading English/language
arts assessment that equates to Not Met 1 on the
Palmetto Assessment of State Standards (PASS) in
English/language arts which indicates that the student needs
substantial academic support to be prepared for the next grade
level. A student may be exempt for good cause from the
mandatory retention but shall continue to receive instructional
support and services and reading intervention appropriate for
their age and reading level. Good cause exemptions include
students:
(1)
with limited English proficiency and less than two years
of instruction in English as a Second Language program;
(2)
with disabilities whose individual education plan
indicates the use of alternative assessments or alternative
reading interventions and students with disabilities whose
Individual Education Plan or Section 504 Plan reflects that the
student has received intensive remediation in reading for more
than two years but still does not substantially demonstrate
reading proficiency;
(3)
who demonstrate third-grade reading proficiency on an
alternative assessment approved by the board and which teachers
may administer following the administration of the state
assessment of reading;
(4)
who have received two years of reading intervention and
were previously retained;
(5)
who through a reading portfolio document, the
student's mastery of the state standards in reading equal to at
least a level above the lowest achievement level on the state
reading assessment. Such evidence must be an organized
collection of the student's mastery of the state
English/language arts standards that are assessed by the grade
three state reading assessment. The Read to Succeed Office shall
develop the assessment tool for the student portfolio; however,
the student portfolio must meet the following minimum
criteria:
(a) be
selected by the student's English/language arts teacher or
summer reading camp instructor;
(b) be an
accurate picture of the student's ability and only include
student work that has been independently produced in the
classroom;
(c) include
evidence that the benchmarks assessed by the grade three state
reading assessment have been met. Evidence is to include
multiple choice items and passages that are approximately sixty
percent literary text and forty percent information text, and
that are between one hundred and seven hundred words with an
average of five hundred words. Such evidence could include
chapter or unit tests from the district or school's adopted core
reading curriculum that are aligned with the state
English/language arts standards or teacher-prepared
assessments;
(d) be an
organized collection of evidence of the student's mastery of the
English/language arts state standards that are assessed by the
grade three state reading assessment. For each benchmark there
must be at least three examples of mastery as demonstrated by a
grade of seventy percent or above; and
(e) be signed
by the teacher and the principal as an accurate assessment of
the required reading skills who, through a reading
portfolio, documents that the student is reading on grade level
and has mastered the third grade English/language arts
standards. A student portfolio for promotion to fourth grade
must meet the following criteria:
(a)
consist only of grade-level work selected by the
student's teacher from portfolio requirements;
(b)
be an accurate representation of the student's
reading ability and only include student work that has been
independently produced in the classroom;
(c)
include clear evidence that the standards
assessed by the third grade English/language arts assessment
have been met. This clear evidence:
(i)
must include multiple
choice items and passages that are approximately fifty percent
literary text and fifty percent informational text, and that are
at least an average of five hundred words; and
(ii)
could include chapter or unit tests from the
district or school's adopted core reading curriculum that are
aligned with the state English/language arts standards or
district or teacher-prepared assessments that meet standards
developed and reviewed by the department;
(d)
be an organized collection of evidence of the
student's mastery of the state English/language arts standards
that are assessed by the third grade statewide English/language
arts assessment. For each standard, there must be at least five
work samples of mastery where the student attained a grade of
seventy or higher. Demonstrating mastery of each standard is
required; and
(e)
be signed by the student's teacher and the
principal of the school, both attesting that the portfolio is an
accurate assessment of the reading achievement level of the
student and that the student possesses required reading skills
to be promoted to fourth grade; and
(6)
who successfully participate in a summer reading camp at
the conclusion of the third grade year and demonstrate through
either a reading portfolio or through a norm-referenced,
alternative assessment, selected from a list of norm-referenced,
alternative assessments approved by the Read to Succeed Office
for use in the summer reading camps, that the student's mastery
of the state standards in reading is equal to at least a level
above the lowest level on the state reading assessment.
(B) The superintendent
of the local school district must determine whether a student in
the district may be exempt from the mandatory retention by
taking all of the following steps:
(1)
The teacher of a student eligible for exemption must
submit to the principal documentation on the proposed exemption
and evidence that promotion of the student is appropriate based
on the student's academic record. This evidence must be limited
to the student's individual education program, alternative
assessments, or student reading portfolio. The Read to Succeed
Office must provide districts with a standardized form to use in
the process.
(2)
The principal must review the documentation and determine
whether the student should be promoted. If the principal
determines the student should be promoted, the principal must
submit a written recommendation for promotion to the district
superintendent for final determination.
(3)
The district superintendent's acceptance or rejection of
the recommendation must be in writing and a copy must be
provided to the parent or guardian of the child.
(4)
A parent or legal guardian may appeal the decision
to retain a student to the district superintendent if there is a
compelling reason why the student should not be retained. A
parent or legal guardian must appeal, in writing, within two
weeks after the notification of retention. The letter must be
addressed to the district superintendent and specify the reasons
why the student should not be retained. The district
superintendent shall render a decision and provide copies to the
parent or legal guardian and the principal A parent
or legal guardian may appeal the decision to retain a student to
the district superintendent if there is a compelling reason why
the student should not be retained. A parent or legal guardian
must appeal, in writing, within two weeks after the notification
of retention. The letter must be addressed to the district
superintendent and specify the reasons why the student should
not be retained. The district superintendent shall render a
decision and provide copies to the parent or legal guardian and
the principal. The district shall report to the department the
number of appeals made, the number of appeals granted, and the
student's academic outcome in fourth grade to include, but not
limited to, the student's SC Ready English/language arts results
in grades four through eight. (C)(1)
Students eligible for retention under the provisions in
Section 59-155-160(A) may enroll in a summer reading camp
provided by their school district or a summer reading camp
consortium to which their district belongs prior to being
retained the following school year. Summer reading camps must be
at least six weeks in duration with a minimum of four days of
instruction per week and four hours of instruction per day, or
the equivalent minimum hours of instruction in the summer. The
camps must be taught by compensated teachers who have at least
an add-on literacy endorsement or who have documented and
demonstrated substantial success in helping students comprehend
grade level texts. The Read to Succeed Office shall assist
districts that cannot find qualified teachers to work in the
summer camps. Districts also may choose to contract for the
services of qualified instructors or collaborate with one or
more districts to provide a summer reading camp. Schools and
school districts are encouraged to partner with county or school
libraries, institutions of higher learning, community
organizations, faith-based institutions, businesses, pediatric
and family practice medical personnel, and other groups to
provide volunteers, mentors, tutors, space, or other support to
assist with the provision of the summer reading camps. A parent
or guardian of a student who does not substantially demonstrate
proficiency in comprehending texts appropriate for his grade
level must make the final decision regarding the student's
participation in the summer reading camp.
(2)
A district may include in the summer reading camps
students who are not exhibiting reading proficiency at any grade
and do not meet the good cause exemption. Districts may charge
fees for these students to attend the summer reading camps based
on a sliding scale pursuant to Section 59-19-90, except where a
child is found to be reading below grade level in the first,
second, or third grade and does not meet the good cause
exemption.
(D) Retained students
must be provided intensive instructional services and support,
including a minimum of ninety minutes of daily reading and
writing instruction, supplemental text-based instruction, and
other strategies prescribed by the school district. These
strategies may include, but are not limited to, instruction
directly focused on improving the student's individual reading
proficiency skills through small group instruction, reduced
teacher-student ratios, more frequent student progress
monitoring, tutoring or mentoring, transition classes containing
students in multiple grade spans, and extended school day, week,
or year reading support. The intensity and duration of the
intervention must be appropriate to meet the specific needs of
each student to ensure the student is on track to be reading at
or above grade level by the end of the school year. The
school must report to the Read to Succeed Office on the progress
of students in the class at the end of the school year and at
other times as required by the office based on the reading
progression monitoring requirements of these students.
(E) If the student is
not demonstrating third-grade reading proficiency by the end of
the second grading period of the third grade:
(1)(a)
his parent or guardian timely must be notified, in
writing, that the student is being considered for retention and
a conference with the parent or guardian must be held prior to a
determination regarding retention is made, and conferences must
be documented;
(b)
within two weeks following the parent/teacher conference,
copies of the conference form must be provided to the principal,
parent or guardian, teacher and other school personnel who are
working with the child on literacy, and summary statements must
be sent to parents or legal guardians who do not attend the
conference;
(c)
following the parent/teacher retention conference, the
principal, classroom teacher, and other school personnel who are
working with the child on literacy must review the
recommendation for retention and provide suggestions for
supplemental instruction; and
(d)
recommendations and observations of the principal,
teacher, parent or legal guardian, and other school personnel
who are working with the child on literacy must be considered
when determining whether to retain the student.
(2)
The parent or guardian may designate another person as an
education advocate also to act on their behalf to receive
notification and to assume the responsibility of promoting the
reading success of the child. The parent or guardian of a
retained student must be offered supplemental tutoring for the
retained student in evidenced-based services outside the
instructional day.
(F) For students in
grades four and above who are substantially not demonstrating
reading proficiency, interventions shall be provided by reading
interventionists in the classroom and supplementally by teachers
with a literacy teacher add-on endorsement or reading/literacy
coaches. This supplemental support will be provided during the
school day and, as appropriate, before or after school as
documented in the district reading plan, and may include book
clubs or summer reading camps."
SECTION 20. Section 59-155-180 of the 1976 Code is amended to read:
"Section 59-155-180.
(A) As a student progresses through
school, reading comprehension in content areas such as science,
mathematics, social studies, English/language arts, career and
technology education, and the arts is critical to the student's
academic success. Therefore, to improve the academic success of
all students in prekindergarten through grade twelve, the State
shall strengthen its pre-service and in-service teacher
education programs.
(B)(1) Beginning with
students entering a teacher education program in the fall
semester of the 2016-2017 School Year, all pre-service teacher
education programs including MAT degree programs must require
all candidates seeking certification at the early childhood or
elementary level to complete a twelve credit hour sequence in
literacy that includes a school-based practicum and ensures that
candidates grasp the theory, research, and practices that
support and guide the teaching of reading. The six components of
the reading process that are comprehension, oral language,
phonological awareness, phonics, fluency, and vocabulary will
provide the focus for this sequence to ensure that all teacher
candidates are skilled in diagnosing a child's reading problems
and are capable of providing an effective intervention. All
teacher preparation programs must be approved for licensure by
the State Department of Education to ensure that all teacher
education candidates possess the knowledge and skills to assist
effectively all children in becoming proficient readers. The
General Assembly is not mandating an increase in the number of
credit hours required for teacher candidates, but is requiring
that pre-service teacher education programs prioritize their
missions and resources so all early and elementary education
teachers have the knowledge and skills to provide effective
instruction in reading and numeracy to all students.
(2)
Beginning with students entering a teacher education
program in the fall semester of the 2016-2017 School Year, all
pre-service teacher education programs, including MAT degree
programs, must require all candidates seeking certification at
the middle or secondary level to complete a six credit hour
sequence in literacy that includes a course in the foundations
of literacy and a course in content-area reading. All middle and
secondary teacher preparation programs must be approved by the
department to ensure that all teacher candidates possess the
necessary knowledge and skills to assist effectively all
adolescents in becoming proficient readers. The General Assembly
is not mandating an increase in the number of semester hours
required for teacher candidates but rather is requiring that
pre-service teacher education programs prioritize their mission
and resources so all middle and secondary education teachers
have the knowledge and skills to provide effective instruction
in reading and numeracy to all students.
(C)(1) To ensure that
practicing professionals possess the knowledge and skills
necessary to assist all children and adolescents in becoming
proficient readers, multiple pathways are needed for developing
this capacity.
(2)(a)
A reading/literacy coach shall be employed in each
elementary school. Reading coaches shall serve as
job-embedded, stable resources for professional development
throughout schools in order to generate improvement in reading
and literacy instruction and student achievement. Reading
coaches shall support and provide initial and ongoing
professional development to teachers based on an analysis of
student assessment and the provision of differentiated
instruction and intensive intervention. The reading coach
shall:
(a) model
effective instructional strategies for teachers by working
weekly with students in whole, and small groups, or
individually;
(b)
facilitate study groups;
(c) train
teachers in data analysis and using data to differentiate
instruction;
(d) coaching
and mentoring colleagues;
(e) work with
teachers to ensure that research-based reading programs are
implemented with fidelity;
(f) work with
all teachers (including content area and elective areas) at the
school they serve, and help prioritize time for those teachers,
activities, and roles that will have the greatest impact on
student achievement, namely coaching and mentoring in the
classrooms; and
(g) help lead
and support reading leadership teams All reading
coaches funded wholly or partially with state funds will serve
as a stable resource for professional development throughout an
elementary school to build master teachers of reading
school-wide to improve student reading achievement. Reading
coaches will support and provide initial and ongoing
professional development to teachers in:
(i)
administration and analysis of screening,
formative, diagnostic, and summative reading assessments to
guide instruction;
(ii)
scientifically based reading instruction,
including phonological awareness, phonics, fluency, vocabulary,
and comprehension, and the state's English/language arts
standards;
(iii)
explicit and systematic instruction with
more detailed explanations, more extensive opportunities for
guided practice, and more opportunities for error correction and
feedback; and
(iv)
differentiated reading instruction and intensive
intervention based on student needs.
(b)
state-funded reading coaches must have the
following minimum qualifications:
(i)
a bachelor's degree and
advanced coursework or professional development in reading. The
State Board shall prescribe, by regulation, any coursework or
professional development that a State-funded reading coach is
required to successfully complete;
(ii)
three years of experience as a successful
classroom literacy teacher;
(iii)
exhibit knowledge of scientifically based
reading research, special expertise in quality reading
instruction and intervention, and data analysis;
(iv)
strong knowledge base and experience in working
with adult learners; and
(v)
excellent communicators with outstanding
presentation, interpersonal, and time management skills.
(c)
The duties and responsibilities of a
state-funded reading coach must include:
(i)
collaborate with the principal to create a
strategic plan for coaching;
(ii)
facilitate school-wide professional development
and study groups;
(iii)
model effective reading instructional
strategies for teachers;
(iv)
coach and mentor teachers on a daily basis;
(v)
facilitate data analysis discussions and support
teachers with using data to differentiate instruction according
to student need; and
(vi)
work with all teachers, including Exceptional
Student Education (ESE), content area, and elective areas,
prioritizing their time to those teachers, activities, and roles
that will have the greatest impact on student reading
achievement, namely coaching and mentoring in classrooms.
(d)
Reading coaches may not be required to perform
administrative functions that will confuse their role for
teachers.
(e)
School districts shall monitor the
implementation and effectiveness of the literacy coach and
assure communication between the district, school
administration, and the literacy coach throughout the year.
(f)
Beginning with the 2019-2020 School Year, as a
condition for receiving the state appropriations for reading
coaches, the State Department of Education shall screen and
approve the hiring of all reading coaches in a district that has
more than one-third of its third grade students scoring at the
lowest achievement level on the statewide summative
English/language arts assessment. In addition, each reading
coach employed in a district having more than one-third of its
third grade students scoring at the lowest achievement level on
the statewide summative English/language arts assessment and the
principal of the elementary school in which the reading coach is
assigned jointly shall attend professional development training
provided by the department. The professional development for the
principal and reading coach team must focus on the role of the
reading coach in continuously improving reading to include the
role of the reading coach and strategic plans for the coach to
support teachers and scientifically based reading research and
evidence-based interventions to be implemented in the
school.
(3)
The reading coach must not be assigned a regular
classroom teaching assignment, must not perform administrative
functions that deter from the flow of improving reading
instruction and reading performance of students and must not
devote a significant portion of his or her time to administering
or coordinating assessments. By August 1, 2014, the department
must publish guidelines that define the minimum qualifications
for a reading coach. Beginning in Fiscal Year 2014-2015,
reading/literacy coaches are required to earn the add-on
certification within six years, except as exempted in items (4)
and (5), by completing the necessary courses or professional
development as required by the department for the add-on. During
the six-year period, to increase the number of qualified reading
coaches, The Read to Succeed Office shall identify and
secure courses and professional development opportunities to
assist educators in becoming reading coaches and in earning the
literacy add-on endorsement. In addition, the Read to Succeed
Office will establish a process through which a district may be
permitted to use state appropriations for reading coaches to
obtain in-school services from department-approved consultants
or vendors, in the event that the school is not successful in
identifying and directly employing a qualified candidate.
Districts must provide to the Read to Succeed Office information
on the name and qualifications of reading coaches funded by the
state appropriations.
(4)
Beginning in Fiscal Year 2015-2016, early childhood and
elementary education certified classroom teachers, reading
interventionists, and those special education teachers who
provide learning disability and speech services to students who
need to substantially improve their low reading and writing
proficiency skills, are required to earn the literacy teacher
add-on endorsement within ten years of their most recent
certification by taking at least two courses or six credit hours
every five years, or the equivalent professional development
hours as determined by the South Carolina Read to Succeed
Office, consistent with existing recertification requirements.
Inservice hours earned through professional development for the
literacy teacher endorsement must be used for renewal of
teaching certificates in all subject areas. The courses and
professional development leading to the endorsement must be
approved by the State Board of Education and must include
foundations, assessment, content area reading and writing,
instructional strategies, and an embedded or stand-alone
practicum. Whenever possible these courses shall be
offered at a professional development rate which is lower than
the certified teacher rate. Local school districts,
working in collaboration with the department, shall offer the
courses at no charge to educators. Early childhood and
elementary education certified classroom teachers, reading
specialists, and special education teachers who provide learning
disability and speech services to students who need to improve
substantially their reading and writing proficiency and who
already possess their add-on reading teacher certification can
take a content area reading course to obtain their literacy
teacher add-on endorsement. Individuals who possess a literacy
teacher add-on endorsement or who have earned a master's or
doctorate degree in reading are exempt from this requirement.
Individuals who have completed an intensive and prolonged
professional development program like Reading Recovery, Project
Read, the South Carolina Reading Initiative, or another similar
program should submit their transcripts to the Office of
Educator Licensure to determine if they have completed the
coursework required for the literacy teacher add-on
certificate.
(5)
Beginning in Fiscal Year 2015-2016, middle and secondary
licensed classroom teachers are required to take at least one
course or three credit hours, or the equivalent professional
development hours as determined by the South Carolina Read to
Succeed Office, to improve reading instruction within five years
of their most recent certification. The courses and professional
development must be approved by the State Board of Education and
include courses and professional development leading to the
literacy teacher add-on endorsement. Coursework and professional
development in reading must include a course in reading in the
content areas. Whenever possible these courses will be offered
at a professional development rate which is lower than the
certified teacher rate. Individuals who possess a literacy
teacher add-on endorsement or who have earned a master's or
doctorate degree in reading are exempt from this requirement.
Individuals who have completed an intensive, prolonged
professional development program like Reading Recovery, Project
Read, the South Carolina Reading Initiative, or another similar
program should submit their transcripts the to the Office of
Educator Licensure to determine if they have completed the
coursework or professional development required for the literacy
teacher add-on certificate.
(6)
Beginning in Fiscal Year 2015-2016, principals and
administrators who are responsible for reading instruction or
intervention and school psychologists in a school district or
school are required to take at least one course or three credit
hours within five years of their most recent certification, or
the equivalent professional development hours as determined by
the South Carolina Read to Succeed Office. The course or
professional development shall include information about reading
process, instruction, assessment, or content area literacy and
shall be approved by the Read to Succeed Office.
(7)
The Read to Succeed Office shall publish by August 1,
2014, the guidelines and procedures used in evaluating all
courses and professional development, including virtual courses
and professional development, leading to the literacy teacher
add-on endorsement. Annually by January first, the Read to
Succeed Office shall publish the approved courses and approved
professional development leading to the literacy teacher add-on
endorsement.
(8)
Beginning July 1, 2020, early childhood,
elementary, and special education licensed teacher candidates
must earn a passing score on a rigorous test of scientifically
research-based reading instruction and intervention and
data-based decision-making principles as approved by the State
Board of Education. The objective of this item is to ensure
teacher candidates understand the foundations of reading and are
prepared to teach reading to all students.
(D)(1)
Beginning July 1, 2020 and annually thereafter, the
Commission on Higher Education, in consultation with the
Learning Disorders Task Force created by Section 59-33-550,
shall conduct an analysis to determine the effectiveness of each
teacher education program in preparing teachers to diagnose a
child's reading problems and to provide small group and
individual student interventions that are scientifically based
and evidence-based. At a minimum, the analysis must evaluate
each teacher education program as it relates to preparing
teachers with knowledge and expertise in the six components of
the reading process:
(a)
comprehension;
(b)
oral language;
(c)
phonological awareness;
(d)
phonics;
(e)
fluency; and
(f)
vocabulary.
(2)
The commission shall report its findings of its
analysis conducted pursuant to item (1) and recommendations for
improving teacher education programs to the department and to
the General Assembly."
SECTION 21. Section 59-59-210 of the 1976 Code is amended to read:
"Section 59-59-210.
(A) By September 2005, the
Commission on Higher Education shall convene the Advisory
Committee on Academic Programs to address articulation
agreements between school districts and public institutions of
higher education in South Carolina to provide seamless pathways
for adequately prepared students to move from high school
directly into institutions of higher education. The committee
shall review, revise, and recommend secondary to postsecondary
articulation agreements and promote the development of measures
to certify equivalency in content and rigor for all courses
included in articulation agreements. The advisory committee
shall include representatives from the research institutions,
four-year comprehensive teaching institutions, two-year regional
campuses, and technical colleges. The committee, for purposes
pursuant to this chapter, shall include representation from the
State Department of Education, and school district
administrators, to include curriculum coordinators and guidance
personnel.
(B)
By July 2006, the Advisory Committee on Academic
Programs shall make recommendations to the Commission on Higher
Education regarding coursework that is acceptable statewide for
dual enrollment to be accepted in transfer within a related
course of study. Dual enrollment college courses offered to high
school students by two-year and four-year colleges and
universities must be equivalent in content and rigor to the
equivalent college courses offered to college students and
taught by appropriately credentialed faculty. Related policies
and procedures established by the Commission on Higher Education
for dual enrollment and guidelines for offering dual enrollment
coursework and articulation to two-year and four-year colleges
and universities for awarding of credit must be followed.
(C)
The advisory committee, in collaboration with the
Department of Education, shall coordinate work to study the
content and rigor of high school courses in order to provide a
seamless pathway to postsecondary education.
(D)
The Commission on Higher Education shall report
annually to the Education and Economic Development Coordinating
Council regarding the committee's progress The
purpose of this section is to provide seamless pathways to
prepare students for the move from high school directly into
public institutions of higher education and independent
institutions of higher learning as defined by Section 59-113-50
by creating a uniform system of dual enrollment college courses
offered to high school students by public two-year and four-year
institutions of higher education and independent institutions of
higher learning as defined by Section 59-113-50 beginning in the
2021-2022 School Year. In terms of content and rigor, these dual
enrollment college courses must be the equivalent of courses
offered at public institutions of higher education and
independent institutions of higher learning as defined by
Section 59-113-50 to their students and must be taught by
appropriately credentialed faculty.
(B)(1) To
effectuate the purposes established in subsection (A), the
Commission on Higher Education shall convene the Advisory
Committee on Academic Programs before September 1, 2020, to
develop a statewide secondary to postsecondary articulation
agreement among all school districts and all public institutions
of higher education and independent institutions of higher
learning as defined by Section 59-113-50 in this State. The
advisory committee must consist of representatives from:
(a)
the research institutions, four-year
comprehensive teaching institutions, independent institutions of
higher learning as defined by Section 59-113-50, two-year
regional campuses, and technical colleges;
(b)
the State Department of Education; and
(c)
district curriculum coordinators, guidance
personnel, and Career and Technical Education Directors.
(2)
The articulation agreement adopted by the
advisory committee must include measures to certify that dual
enrollment courses included in the articulation agreement are
the equivalent of courses offered at public institutions of
higher education and independent institutions of higher learning
as defined by Section 59-113-50 to their students and are be
taught by appropriately credentialed faculty and must be the
sole authority for dual enrollment articulation.
(C)
Before July 1, 2021, the Advisory Committee on Academic
Programs shall make recommendations to the Commission on Higher
Education regarding coursework that is acceptable statewide for
dual enrollment to be accepted in transfer within a related
course of study. The commission shall establish related
requirements that two-year and four-year public institutions of
higher education and independent institutions of higher learning
as defined by Section 59-113-50 must satisfy to offer dual
enrollment coursework and award credit for this coursework.
(D) The
advisory committee, in collaboration with the Department of
Education, shall coordinate work to study the content and rigor
of high school courses in order to provide a seamless pathway to
postsecondary education.
(E) The
Commission on Higher Education annually before July first shall
report the progress of the committee to the Education and
Economic Development Coordinating Council.
(F)
Effective July 1, 2022, public institutions of higher
education, independent institutions of higher learning as
defined by Section 59-113-50, and public school districts may
not enter individual articulation agreements. Such articulation
agreements entered before July 1, 2022 are void, but coursework
completed by students pursuant to those agreements must be
considered acceptable for college credit."
SECTION 22. Article 3, Chapter 18, Title 59 is amended by adding:
"Section 59-18-365.
(A) For the purposes of monitoring
student progress and tracking growth toward college and career
readiness and beginning with the 2020-2021 School Year, the
Department of Education shall track student performance from
kindergarten through grade twelve in reading and mathematics
along a common, consistent scale that is nationally recognized
and approved by the Education Oversight Committee. The
department at least annually before July first shall provide the
resulting measures of student performance to parents and
teachers. These measures must be designed to help parents and
teachers better understand what skills and concepts the student
is ready to learn and help to form instruction, track growth,
and identify appropriate resources for the students. The local
school district also shall provide information on Lexile and
Quantile measures on interim/benchmark assessments administered
at the local school district or local school during the school
year.
(B) The department
shall provide online and printed resources for assisting parents
in improving student growth in reading and mathematics to ensure
all students graduate with the skills to be college and career
ready. The parent resources must include information that
identifies Lexile and Quantile scores recommended for specific
careers.
(C) The department
shall provide resources to assist teachers in using the common,
consistent scale measures to improve the teaching and learning
of reading and mathematics.
(D) Before the
2020-2021 School Year, the department, local schools, and
districts shall identify and administer assessments that can be
linked to common, consistent scales. Formative assessments
approved pursuant to Section 59-18-310 must provide a common,
consistent scale in reading, mathematics, or both.
(E)(1) In kindergarten
through second grade, local schools and districts may select
assessments designed to measure students' reading and
mathematical performance that report the common, consistent
scales. Those measures should then be reported to the department
and also shared with students, parents, and teachers.
(2)
In third grade through eighth grade, state assessments in
English/language arts and mathematics that are administered and
used for accountability purposes must provide Lexile measures
that report information on the student's reading ability and
Quantile measures that describe the student's understanding of
mathematical skills and concepts at the individual student
level.
(3)
At the high school level where state assessments are not
required, local schools and districts will administer locally
determined tests to measure students' reading ability and
mathematical understanding on these same Lexile and Quantile
scales. A test in any English/language arts and mathematics
course may be used to satisfy the requirements of this item. A
district does not need to administer a test for each course in
English/language arts and mathematics. These tests should be
selected not only based upon their ability to report Lexile and
Quantile measures, but also on their connections to and
appropriateness with the postsecondary pursuits of individual
students. Those measures must be reported to the department and
shared with students, parents, and teachers.
(F) Before January 1,
2021, the department and State Board for Technical and
Comprehensive Education shall establish Lexile and Quantile
scores and high school equivalency assessment thresholds that
serve as common minimum admission scores as defined in Section
59-53-30 and shall provide guarantees that students with
sufficient scores may not be required to attend or enroll in
reading or mathematics remediation at the postsecondary
level."
SECTION 23. Section 59-5-65(7) of the 1976 Code is amended to read:
"(7) By
January 1, 1986, establish criteria for promotion of students to
the next higher grade.
In grades 1, 2, 3, 6, and
8, a student's performance on the Basic Skills Test of reading
shall constitute twenty-five percent of the assessment of his
achievement in reading and his performance on the Basic Skills
Test of mathematics shall constitute twenty-five percent of the
assessment of his achievement in mathematics. The State Board of
Education shall specify other measures of student performance in
each of these subjects which shall constitute the remaining
seventy-five percent of the student's assessment.
Any student who fails to
meet the criteria established by the Board for promotion to the
next higher grade must be retained in his current grade or
assigned to a remedial program in the summer or in the next
year. Students assigned to the remedial program must meet the
minimum criteria established by the Board for his current grade
at the conclusion of the remedial program to be promoted to the
next higher grade. All handicapped students as defined by
federal and state statutes and regulations are subject to the
provisions of this section unless the student's individual
education plan (IEP) as required by Public Law 94-142 defines
alternative goals and promotion standards.
Nothing in this subitem
shall prohibit the governing bodies of the school districts of
this State from establishing higher standards for the promotion
of students Effective August 1, 2024, public
two-year institutions of higher education may provide required
remedial courses to eligible persons who earn a high school
diploma or high school equivalency credential from a public
school in South Carolina, who is twenty-one years of age or
less, and who does not have the necessary reading, mathematics,
or English skills necessary to enroll in a credit-bearing course
in a public postsecondary institution; however, all
instructional costs of providing the remediation, for up to one
academic year, must be paid for by the public school district
from which the student earned his diploma or was last enrolled
before earning his high school equivalency credential."
SECTION 24. Section 59-18-1950(B)(1) of the 1976 Code is amended to read:
"(1) The Revenue
and Fiscal Affairs Office, working with the Office of First
Steps to School Readiness, the South Carolina Department of
Education, the South Carolina Commission on Higher Education,
the Department of Social Services, the South Carolina Technical
College System, the Department of Commerce, the Department of
Employment and Workforce, and other state agencies or
institutions of higher education, shall develop, implement, and
maintain a universal identification system that includes, at a
minimum, the following information for measuring the continuous
improvement of the state public education system and the college
and career readiness and success of its graduates:
(a)
students graduating from public high schools in the State
who enter postsecondary education without the need for
remediation; (b)
working-aged adults in South Carolina by county who
possess a postsecondary degree or industry credential;
(c)
high school graduates who are gainfully employed in the
State within five and ten years of graduating from high school;
and
(d)
outcome data regarding student achievement and student
growth that will assist colleges of education in achieving
accreditation and in improving the quality of teachers in
classrooms."
SECTION 25. Section 59-59-20 of the 1976 Code is amended to read:
"Section 59-59-20.
(A)(1) The Department
of Education shall develop a curriculum, aligned with state
content standards, organized around a career cluster system that
must provide students with both strong academics and real-world
problem solving skills. Students must be provided individualized
educational, academic, and career-oriented choices and greater
exposure to career information and opportunities. This system
must promote the involvement and cooperative effort of parents,
teachers, and school counselors in assisting students in making
these choices, in setting career goals, and in developing
individual graduation plans to achieve these goals.
(B) School districts must
lay the foundation for the clusters of study system in
elementary school by providing career awareness activities. In
the middle grades programs must allow students to identify
career interests and abilities and align them with clusters of
study for the development of individual graduation plans.
Finally, high school students must be provided guidance and
curricula that will enable them to complete successfully their
individual graduation plans, preparing them for a seamless
transition to relevant employment, further training, or
postsecondary study Before August 1, 2022, the
Department of Education, in collaboration with Education and
Economic Development Act Coordinating Council, shall develop a
career pathways system that:
(a)
aligns public education and postsecondary
education systems and the career and technology education
services provided within and across program providers;
(b)
aligns with state and regional workforce
needs;
(c)
provides students, teachers, parents, and
families with general information about career pathways and with
strategies to support students in acquiring the academic,
employability, and technical skills that employers demand;
and
(d)
promotes the involvement and cooperative effort
of parents, teachers, and school counselors in assisting
students in making these choices, in setting career goals, and
in developing individual graduation plans to achieve these
goals.
(2)
After developing the career pathways system
provided in subsection (A), the department, with input from the
business community, shall develop a curriculum that:
(a)
is aligned with state content standards,
organized around the career pathways system and system of career
clusters aligned with state and regional workforce needs as
determined by the Department of Commerce;
(b)
provides students with both strong academics and
real-world problem-solving skills;
(c)
provides students with individualized
educational, academic, and career-oriented choices and greater
exposure to career information and opportunities; and
(d)
provides online and printed resources for
assisting parents in improving student growth in reading and
mathematics to ensure all students graduate with the skills to
be college and career ready. These parent resources must include
information that identifies specific careers and the reading and
mathematics demands expected in those careers.
(B)(1) In
elementary school, districts shall establish a foundation for
the career pathways system and career clusters by providing
career awareness activities and, at least annually, informing
students, parents, and teachers of the student's progress toward
having the academic skills in reading and mathematics needed to
be career ready and college ready.
(2)
In middle school, districts shall assist
students in:
(a)
identifying career interests and abilities; and
(b)
developing individual graduation plans that
align the interests and abilities of the student as identified
pursuant to subitem (a) with related career pathways and
clusters of study.
(3)
In high school, districts shall provide guidance
and curricula that will enable them to complete successfully
their individual graduation plans, preparing them for a seamless
transition to relevant employment, further training, or
postsecondary study."
SECTION 26. Section 59-59-50 of the 1976 Code is amended to read:
"Section 59-59-50.
(A)(1) Before July 1,
2006, the Department of Education shall develop state models and
prototypes for individual graduation plans and the curriculum
framework for career clusters of study. These clusters of study
may be based upon the national career clusters and may include,
but are not limited to:
(1)
agriculture, food, and natural resources;
(2)
architecture and construction;
(3)
arts, audio-video technology, and communications;
(4)
business, management, and administration;
(5)
education and training;
(6)
finance;
(7)
health science;
(8)
hospitality and tourism;
(9)
human services;
(10)
information technology;
(11)
law, public safety, and security;
(12)
manufacturing;
(13)
government and public administration;
(14)
marketing, sales, and service;
(15)
science, technology, engineering, and mathematics; and
(16)
transportation, distribution, and logistics.
Beginning with the 2020-2021 School Year and every five years
thereafter, the Department of Education shall:
(a)
develop pathways under each career cluster; and
(b)
develop programs of study under each
pathway.
(2)
In developing programs of study as provided in
item (1) (b), the department shall emphasize the high-skill and
in-demand pathways that the state Workforce Innovation and
Opportunity Act plan and Coordinating Council for Workforce
Development have identified as critical to the state's workforce
development system.
(B) The Department
of Education is to include in the state models and prototypes
for individual graduation plans and curriculum framework the
flexibility for a student to develop an individualized plan for
graduation utilizing courses offered within the clusters at the
school of attendance. Any plan of this type is to be approved by
the student, parent or guardian, and the school guidance
staff.
(C) Before
August 1, 2021, the Department of Education, in collaboration
with Education and Economic Development Act Coordinating
Council, shall develop a pathway certification process for high
schools and postsecondary institutions. To ensure students have
seamless pathways to in-demand careers, the Regional Education
Centers shall create alignment between public education and
postsecondary education and employers."
SECTION 27. Section 59-59-60 of the 1976 Code is amended to read:
"Section 59-59-60.
Before July 1, 2007, school districts shall:
(1)
organize high school curricula around a minimum of
three clusters of study and cluster majors. The curricula must
be designed to provide a well- rounded education for students by
fostering artistic creativity, critical thinking, and
self-discipline through the teaching of academic content,
knowledge, and skills that students will use in the workplace,
further education, and life;
(2)
promote increased awareness and career counseling
by providing access to the South Carolina Occupational
Information System for all schools. However, if a school chooses
another occupational information system, that system must be
approved by the State Department of Education
Beginning with the 2021-2022 School Year, school districts
shall:
(1)
organize high school curricula around a minimum of
three career pathways that are targeted to regional and state
workforce needs. The district must offer at least one pathway in
each career center or in each high school and at least one
high-skill and in-demand pathway as identified in the state's
Workforce Innovation and Opportunity Act plan. Districts shall
coordinate with other school districts to ensure that students
have increased access to multiple pathways. Students approved to
take coursework outside of their attendance zone, to include
across district lines, may be transported by school bus at no
cost to the student or school district provided the route
information has been submitted to the department. The department
is permitted to utilize state funds to initiate and foster
cross-district programs and may mandate that districts
participate in such programs as a condition of receipt of state
funding. The curricula must be designed to provide a
well-rounded education to prepare students for multiple
pathways, including postsecondary credentials. The pathways must
foster the life and career characteristics, world class
knowledge, and skills identified in the Profile of the South
Carolina Graduate;
(2)
promote increased awareness and career counseling that
focus on the regional and state workforce needs and on the
careers that require a high school diploma, industry
certification, postsecondary degree, or postsecondary
credential; and
(3)
review the pathways selected by the districts every two
years and determine if a different pathway is more appropriate
for local workforce needs. Districts shall report their process
used in determining whether to keep or replace a pathway to the
State Board of Education."
SECTION 28. Section 59-53-30 of the 1976 Code is amended to read:
"Section 59-53-30.
(A) Before August 1, 2021,
the State Board for Technical and Comprehensive Education shall
establish common minimum admission scores for institutions
within its jurisdiction, and may differentiate scores based on
areas of study for programs that award credit toward a degree,
certificate, or diploma. For individuals who do not meet the
minimum scores, the colleges shall provide information regarding
continuing education programs and other programs that do not
award credit toward a degree, certificate, or diploma.
(B)
Institutions of the South Carolina Technical Education
System shall maintain open admissions policies unless
determined to be economically unfeasible by the State Fiscal
Accountability Authority and establish and maintain low
tuition and fees in order to provide access to post-secondary
education and insure that such educational opportunities shall
not be denied to anyone.
(C) Upon request
and justification and with the approval of the State Board of
Education, the Board may authorize an institution within its
jurisdiction to contract with local school districts to offer
adult literacy courses and programs and secondary-level
vocational career and technical
education courses and programs.
(D) Upon request
and justification and with the approval of the Commission on
Higher Education, the Board may authorize an institution within
its jurisdiction to offer two-year college parallel programs.
The Commission on Higher Education shall approve all criteria
for college parallel courses."
SECTION 29. Section 59-150-360(A) and (F) of the 1976 Code is amended to read:
"(A)(1) A
person who qualifies for in-state tuition rates pursuant to
Chapter 112, Title 59 may receive tuition assistance to attend a
technical college of this State or a public two-year institution
of higher learning. A person who qualifies for in-state tuition
rates pursuant to this title may attend an independent two-year
institution of higher learning and receive lottery tuition
assistance each year limited to the highest amount of tuition
assistance received by students at public two-year institutions.
In order to qualify as a first time entering freshman and before
attempting twenty-four academic credit hours, a student
must:
(1a) be a
South Carolina resident for a minimum of one year;
(2b)
be enrolled and maintain six credit hours each
semester in a certificate, degree, or diploma program, or be
enrolled in a noncredit program that awards a nationally
recognized business or industry credential as defined by the
State Board for Technical and Comprehensive Education;
(3c) make
reasonable progress toward completion of the requirements for
the certificate, degree, or diploma program;
(4d) if
enrolled in a program awarding college credit, complete a
Free Application for Federal Student Aid (FAFSA) application. If
a student feels that he will definitely not qualify to receive
federal financial aid, the student may complete a simple form of
minimum questions created by the State Board for Technical and
Comprehensive Education and the Commission on Higher Education
to determine if the student definitely will not qualify to
receive federal financial aid. If it is determined that the
student definitely will not qualify to receive federal financial
aid, the student shall sign a form created by the State Board
for Technical and Comprehensive Education and the Commission on
Higher Education, and the student is exempted from completing
the Free Application for Federal Student Aid. The State Board
for Technical and Comprehensive Education and the Commission on
Higher Education shall promulgate regulations to set thresholds
for determining if a student definitely will not qualify to
receive federal financial aid; and
(5e) not be
the recipient of a LIFE Scholarship; and
(f)
for a student enrolled in a noncredit program
that awards a nationally recognized business or industry
credential as defined by the State Board for Technical and
Comprehensive Education, the student shall have graduated from
high school or earned an equivalent high school credential
within seven years of first entering the ninth grade.
(2)
Regulations for implementation of this section are
the responsibility of the South Carolina State Board for
Technical and Comprehensive Education, for the technical college
system, and the Commission on Higher Education, for the two-year
public and private institutions. These regulations must be
developed in a coordinated effort, provide for the allocation of
funds based on the tuition assistance granted at each
institution, and be interchangeable between each of the
institutions affected.
(F) In order for a student seeking credit hours for a certificate, degree, or diploma to be eligible after attempting twenty-four academic credit hours the student must have earned a grade point average of 2.0 or better on a 4.0 grading scale."
SECTION 30. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3800. A taxpayer who employs a public school grade 6-12 teacher as an intern, for no less than sixty and no more than eighty hours each calendar year, pursuant to an agreement registered with the Department of Education, is allowed a credit against the income tax imposed pursuant to this chapter equal to two thousand dollars for each teacher employed. The internship must be approved by the school district in which the teacher is employed based on criteria provided by the Department of Education in an effort to increase the number of teachers who understand the skills and abilities needed for twenty-first century jobs. Each school district shall report annually to the Department of Education the number of teachers participating in an internship and the number of hours each teacher is employed. The Department of Revenue shall prescribe a form to claim this credit that provides information to the department sufficient for the proper administration of this credit."
SECTION 31. Because
South Carolina must increase the percentage of working-aged
adults with a postsecondary degree or industry credential, the
General Assembly directs the State Board for Technical and
Comprehensive Education and the State Board of Education to
provide a report to the General Assembly before July 1, 2020,
specifically delineating the following:
(1) how to best
transfer adult basic education and adult secondary education
from the State Board of Education to the State Board for
Technical and Comprehensive Education. The report must include,
but is not limited to, the following:
(a)
all sources of funding that are currently appropriated to
adult education programs;
(b)
the administrative structure of adult education including
how the State Board for Technical and Comprehensive Education
will facilitate the collaboration of core partners and service
providers under the Workforce Innovation and Opportunity Act
(WIOA) at the state level and within regional service areas;
(c)
results of student assessments, including passage rates
for high school equivalency examinations;
(d)
a listing of personnel involved both directly and
indirectly in adult education; and
(e)
a timeline for the complete transfer of the programs to
the State Board for Technical and Comprehensive Education;
and
(2) how to best use
Career and Technology Centers owned and operated by local school
districts and technical college facilities in order to provide
improved and updated career and technical education. The report
must include, but is not limited to, the following:
(a)
how to offer increased access to career and technology
education to all high school students with emphasis on students
in rural areas who live more than ten miles from a facility that
they may currently attend;
(b)
steps necessary to create memoranda of understanding
between technical colleges and local school districts to allow
high school students greater access to technical colleges;
(c)
transportation and liability issues regarding high school
students attending technical colleges for career and technology
education;
(d)
the feasibility of creating regional career and technology
centers;
(e)
all sources of funding currently appropriated for high
school career and technical education; and
(f)
listing of personnel involved both directly and indirectly
in high school career and technical education.
SECTION 32. Section 59-19-350(A) of the 1976 Code is amended to read:
"(A) A local
school district board of trustees of this State desirous of
creating an avenue for new, innovative, and more flexible ways
of educating children within their district, may create
a school schools of
choice innovation within the district
that is exempt from state statutes which govern other schools in
the district and regulations promulgated by the State Board of
Education. To achieve the status of exemption from specific
statutes and regulations, the local board of trustees, at a
public meeting, shall identify specific statutes and regulations
which will be considered for exemption. The exemption may be
granted by the governing board of the district only if there is
a two-thirds affirmative vote of the board for each exemption
and the proposed exemption is approved by the State Board of
Education."
SECTION 33. Chapter 25, Title 59 of the 1976 Code is amended by adding:
Section 59-25-910. This act must be known and may be cited as the 'Teacher Bill of Rights'.
Section 59-25-920. All
certified public school teachers in South Carolina should be
able to expect the following:
(1) have their
professional judgment and discretion included in regard to
disciplinary actions or instructional decisions in the classroom
made in accordance with school and district policy;
(2) teach free from
fear of frivolous lawsuits;
(3) take appropriate
disciplinary measures, pursuant to federal law, school policy
and district policy, to facilitate a learning environment
developed through a culture of respect between teacher and
students;
(4) work in an
environment that is conducive to learning;
(5) an unencumbered
daily planning time that is coordinated with school
administration;
(6) a recognition that
the goal of the state should be a competitive salary
commensurate with that of other professionals with similar years
of experience, and educational degrees;
(7) have the state and
district take all necessary steps to ensure that teachers are
not burdened with unnecessary paperwork that prevents the
fulfillment of the teacher's primary directive to implement
effective instruction for their students;
(8) additional
compensation or time for work time above and beyond contracted
days ; and
(9) receive, as
teachers under induction contracts, leadership and support from
school and district personnel, including the assignment of
qualified mentors who:
(a)
commit to helping them become competent and confident
professionals in the classroom; and
(b)
offer support and assistance as needed to meet performance
standards and professional expectations."
SECTION 34. Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-25.
(A) Educator preparation programs
housed within an institution of higher education (IHE) may
submit a separate and distinct educator preparation program for
alternative preparation to the State Board of Education for
approval. These alternative preparation programs are not
required to be nationally accredited, but, consistent with other
alternative preparation programs, IHE-led alternative programs
must include, but are not limited to, documented evidence of the
following:
(1)
budget and sources of revenue including fees paid by the
candidates;
(2)
organizational information including the names and
qualifications of administrators, support staff, and
faculty;
(3)
entry requirements for candidates for each certification
area program offered by the applicant;
(4)
plans for curriculum offerings including delivery method
and timeframe, field placements, field supervision plans, and
assessments of success;
(5)
partnerships with public schools for clinical experiences,
if applicable, including signed memoranda of agreement with
detailed responsibilities for the alternative route educator
provider program and the school district;
(6)
evidence of annual successful teaching experience by the
candidates and progress toward obtaining a professional
certificate;
(7)
ongoing monitoring of candidates' performances in the
classroom while in the alternative route program; and
(8)
mentoring provided by the educator preparation
program.
(B) The department
annually shall report the total number of individuals employed
in this State, by district, with certificates issued by IHE
alternative programs to the State Board of Education and the
General Assembly before March thirty-first of each year."
SECTION 35. Section 59-26-20 of the 1976 Code is amended by adding a subsection at the end to read:
"( ) The State Board shall promulgate regulations regarding a cyclical evaluation process for all approved teacher educator programs. The cyclical evaluation period must be no longer than five years. The regulations must list requirements for approval and must include evidence of annual successful teaching experience of educators differentiated by program. The regulations shall include a process for revocation of program approval."
SECTION 36. Chapter 26, Title 59 of the 1976 Code is amended by adding:
"Section 59-26-35.
(A) The State Board of Education, with
the assistance of the Department of Education, the South
Carolina Commission on Higher Education, and Revenue and Fiscal
Affairs Office, shall develop and annually shall publish before
November first an online report card known as the 'South
Carolina Teacher Preparation Report Card'. The report card shall
evaluate the ability of educator preparation programs, including
alternative programs, to train new teachers for success in South
Carolina's classrooms. The report card must include data on a
variety of measures to provide an overall picture of how well
each educator preparation program prepares effective teachers
and meets state goals, including, but not limited to, the
following:
(1)
number of undergraduate and graduate completions;
(2)
placement and retention rates by district and region of
the state;
(3)
performance of candidates on basic skills examination;
(4)
ability of program to recruit a strong, diverse cohort of
candidates and prepare them to teach in the content areas of
greatest need;
(5)
quality of clinical experiences; and
(6)
effectiveness of individuals who completed a provider's
program and are employed in a public school classroom. The
information must be differentiated by provider and, where
applicable, across content areas.
(B) The State
Department of Education, each educator preparation program, and
each school district shall report all data as requested by the
State Board of Education to complete the evaluation."
SECTION 37. Chapter 26, Title 59 of the 1976 Code is amended by adding:
"Section 59-26-120.
(A) The State Department of Education
annually before December first shall provide each college of
education and state-approved educator preparation program with
information regarding its graduates. Information must be
provided to a college of education or educator preparation
program regarding each of its individual educator graduates and
must include, but is not limited to:
(1)
SCPASS and SC READY, or the succeeding assessment, scores
aggregated by classroom, content, and/or grade, school,
district, and learner demographic;
(2)
Student learning objective data aggregated by classroom,
content, and/or grade, school, district, and learner
demographic;
(3)
results of ADEPT Evaluation by individual educator
graduate;
(4)
records of employee certification by individual educator
graduate; and
(5)
other information requested by the programs designed to
enhance the ability of the college of education or educator
preparation program to provide improved education services.
(B) A college of
education or educator preparation program receiving
individualized information regarding its graduates pursuant to
subsection (A) shall:
(1)
develop and use a unique system for identifying each
individual educator graduate for whom it receives such
individualized information;
(2)
strictly maintain the confidentiality of all information
that can be used to identify an individual educator graduate for
whom it receives such information; and
(3)
not share such information with a third party without the
express written consent of the educator.
(C) Information
provided to a college of education or educator preparation
program pursuant to this section is not subject to the
provisions of the Freedom of Information Act."
SECTION 38. Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-52.
(A) Recognizing that supportive
working conditions for teachers make it more likely that
teachers will continue with, and prosper in the profession, the
Center for Educator Recruitment, Retention and Advancement shall
use and update the teacher survey currently administered by the
department. The center semiannually shall administer the
uniform, confidential, and online survey of all public school
teachers to evaluate teacher satisfaction, especially teacher
perceptions of their existing working conditions associated with
the basic psychological needs of competence, autonomy, and
relatedness. Among other things, the survey should assess
teacher perceptions of:
(1)
administrative support;
(2)
student behavior;
(3)
decision making roles;
(4)
parental support;
(5)
amount of paperwork and routine duties;
(6)
availability of resources;
(7)
communication with principal;
(8)
cooperation among the staff;
(9)
staff recognition;
(10)
control in classroom;
(11)
influence over school policy;
(12)
student absenteeism;
(13)
student apathy;
(14)
violence; and
(15)
professional growth opportunities in content areas.
(B) The results of this
survey must be compiled, analyzed, and reported for each school,
district, and statewide. These reports must be:
(1)
provided to the Education Oversight Committee and each
school district board, school district superintendent, school
principal, and school teacher; and
(2)
published on the websites of the State Department of
Education, each school district, and each school. A district
only must publish the results for the district and a school only
must publish the results for the school. Yearly results must be
published online and maintained for ten years."
SECTION 39. Section 59-20-50 of the 1976 Code is amended to read:
"Section 59-20-50.
(1) Notwithstanding the computations
prescribed in Section 59-20-40, the level of state contributions
to each district shall not be reduced to a per-pupil level of
foundation program funds below that per-pupil level of state
funding of programs for the fiscal years prior to implementation
of this chapter which will be incorporated in the foundation
program.
Provided, no district shall receive
annually an increase in state funds less than the full rate of
the inflationary adjustment in the base student cost specified
in Section 59-20-40(1)(b). This increase shall be computed
annually over and above the amount actually received from the
State for the foundation program in the prior fiscal year.
Provided, further, after the fiscal year
1982-83 no district shall receive annually an increase in state
funds less than four-fifths of the inflationary adjustment in
the base student cost specified in Section 59-20-40(1)(b). This
increase shall be computed annually over and above the amount
actually received from the State for the foundation program in
the prior fiscal year.
Beginning July 1, 1994, no additional
school district shall receive hold-harmless funds under this
subsection due to decreases in student numbers or upward
adjustments in the index of taxpaying ability.
(2) Notwithstanding any
provisions of this chapter, any local school district may
increase the local effort above the foundation program funding
level as deemed necessary to meet the aspirations of the people
of the district.
(3) Eighty-five percent
of the funds appropriated through state and local effort for
each weighted classification shall be spent in direct and
indirect aid in the specific area of the program planned to
serve those children who generated the funds. Districts
expending less than the required eighty-five percent of the
appropriated amount shall be subject to a penalty the following
fiscal year in the amount equal to the difference between the
amount spent and the required eighty-five percent figure.
However, this requirement shall not apply
to the funds generated by children in the pupil classification
'Speech Handicapped Pupils'.
(4)(a) Each school
district shall pay each certified teacher or administrator an
annual salary at least equal to the salary stated in the
statewide minimum salary schedule for the person's experience
and class. No teacher or administrator employed in the same
position, over the same time period, shall receive less total
salary, including any normal incremental increase, than that
teacher or administrator received for the fiscal year before the
implementation of this article. (b)
The state minimum salary schedule must be based on
the state minimum salary schedule index in effect as of July 1,
1984.
In Fiscal Year 1985, Beginning with
Fiscal Year 2019-2020, the 1.000 figure in the index is
$14,172 thirty-five thousand dollars and an
educator's base salary must include the National Board
Supplement. Salary increases must be based on funding
provided by the General Assembly in the annual appropriations
act and provided through adjustments in the salary schedule to
educators identified by the State Department of Education as
eligible to receive the Education Improvement Act teacher salary
supplement during Fiscal Year 2018-2019 as reported to the
Revenue and Fiscal Affairs Office. (This figure is
based on a 10.27% increase pursuant to the South Carolina
Education Improvement Act of 1984.) Beginning with Fiscal Year
1986, the 1.000 figure in the index must be adjusted on a
schedule to stay at the southeastern average as projected by the
Office of Research and Statistic of the Revenue and Fiscal
Affairs Office and provided to the General Assembly during their
deliberations on the annual appropriations bill. The
southeastern average teacher salary is the average of the
average teachers' salaries of the southeastern states. In
projecting the southeastern average, the office shall include in
the South Carolina base teacher salary all local teacher
supplements and all incentive pay. Under this schedule, school
districts are required to maintain local salary supplements per
teacher no less than their prior fiscal level. In Fiscal Year
1986 and thereafter teacher pay raises through adjustments in
the state's minimum salary schedule may be provided only to
teachers who demonstrate minimum knowledge proficiency by
meeting one of the following criteria:
(1)
holding a valid professional certificate;
(2)
having a score of 425 or greater on the Commons Examination of
the National Teachers Examinations;
(3)
meeting the minimum qualifying score on the appropriate area
teaching examination; or
(4)
meeting the minimum standards on the basic skills examinations
as prescribed by the State Board of Education provided in
Section 59-26-20 Beginning in Fiscal Year 2019-2020,
the starting salary for a teacher with no years of experience
and a bachelor's degree must be at least thirty-five thousand
dollars. The General Assembly shall establish the starting
teacher salary each year in the annual appropriations act. The
salary schedule and Education Finance Act inflation factor may
be determined in the annual General Appropriations
Act."
SECTION 40. Section 59-111-110 of the 1976 Code is amended to read:
"Section 59-111-110.
(A) No tuition may be charged
for a period of four school years by any state-supported college
or university or any state-supported vocational or technical
school for children of:
(1)
firemen, both regularly employed and members of volunteer
organized units, organized rescue squad members, members of the
Civil Air Patrol, law enforcement officers, or corrections
officers, as defined herein, including reserve and auxiliary
units of counties or municipalities who become totally disabled
or are killed in the line of duty on or after July 1, 1964;
(2)
government employees who become totally disabled or are
killed in the line of duty while working on state time on or
after July 1, 1996, as a result of a criminal act committed
against them which constitutes a felony under the laws of this
State; or
(3)
full-time certified classroom teachers with at
least five years of teaching service who are employed in schools
that have an absolute rating of unsatisfactory for at least
three of the previous four years. The teacher shall serve as a
full-time classroom teacher for the duration of the time the
child is in a state-supported college, university, or vocational
or technical college.
(B) The tuition
authorized to be paid by this section applies only to
undergraduate courses or curriculum and may be paid for a period
not exceeding four years, regardless of the number of
state-supported colleges, universities, or state-supported
vocational or technical schools the child attends."
SECTION 41. Article 3, Chapter 111, Title 59 of the 1976 Code is amended by adding:
"Section 59-111-155. For the purposes of this article, a 'full-time certified classroom teacher' means a full-time teacher who is on a continuing contract status and is highly effective as determined by the state's educator evaluation system."
SECTION 42. Article 1, Chapter 19, Title 59 of the 1976 Code is amended by adding:
"Section 59-19-360. The board of trustees of a local school district may authorize the daily mileage reimbursement of a teacher who must travel more than twenty-five miles each way between his established domicile and school. This reimbursement may not exceed the existing federal reimbursement rate for mileage."
SECTION 43. Section 59-63-31 of the 1976 Code is amended by adding a subsection at the end to read:
"( ) Local school boards of trustees may establish policies allowing teachers to enroll their children in the schools where they teach regardless of the student's zoned area of attendance, and if space is available at the receiving school."
SECTION 44. Article 1, Chapter 19, Title 59 of the 1976 Code is amended by adding:
"Section 59-19-370.
(A)(1) If a district or school is
seeking to implement competency-based education, the State Board
of Education may exempt the school from state laws, policies and
regulations that hinder the implementation of certain
competency-based practices. A district that wishes to obtain an
exemption may submit a waiver application to the State Board of
Education in a format developed by the State Department of
Education. To be considered, a waiver application must:
(a)
be approved by the local school district board of
trustees;
(b)
be aligned to the district strategic plan; and
(c)
provide for the implementation of the strategies described
in the waiver application for all students in the school, which
may be implemented in phases over a period of five or fewer
years.
(2)
A district must show evidence of the meaningful steps
already taken to engage parents and community stakeholders. A
district must also include a continued plan to seek parental
outreach and consultation using guidelines approved by the State
Board of Education when submitting a waiver application for
approval by its local board of trustees and the State Board of
Education, or the application may not be considered.
(3)
A district whose waiver application is approved may
request additional exemptions and may request amendments to its
current approved waiver on a rolling basis.
(B) Competency-based
education is designed to improve educational outcomes for
students by advancing their mastery of concepts and skills
through the following core principles:
(1)
Learning outcomes must emphasize competencies that
include:
(a)
application and creation of World Class Knowledge; and
(b)
the development and application of the World Class Skills
and Life and Career Characteristics identified in the Profile of
the South Carolina Graduate.
(2)
Competencies must include explicit, measureable, and
transferable student learning objectives that provide
transparency and guide students, with customized support from
teachers, as the students pursue their own inquiries,
understanding, and ownership of learning.
(3)
A student shall master competencies along a personalized
and flexible pathway before he may advance. A student may
demonstrate his mastery of competencies through his performance
of the competencies, application of the competencies, or
both.
(4)
An assessment must be meaningful and used to personalize
learning experiences with a student.
(5)
A student must receive timely and personalized support
based on his individual learning needs.
(C) A local school
board of trustees and the State Board of Education may not
exempt a school from:
(1)
federal and state laws and constitutional provisions
prohibiting discrimination on the basis of disability, race,
creed, color, national origin, religion, ancestry, or need for
special education services;
(2)
health, safety, civil rights, and disability rights
requirements as applied to other public schools operating in the
district; or
(3)
state and federal assessment requirements.
(D) A school operating
under a waiver pursuant to this section shall admit all children
eligible to attend the school, subject to space limitations, and
may not limit or deny admission or show preference in an
admission decision to an individual or group of individuals.
(E) If a school is
operating under a waiver pursuant to this section, each student
enrolled in the school is still considered to be a full-time
equivalent student enrolled in the school for the purpose of
calculating state financial support, average daily membership,
and attendance, and for accountability purposes, The department
may develop a process to ensure that schools and districts are
not penalized for the purposes of accreditation.
(F) If a school is
operating under a waiver pursuant to this section, each student
must remain enrolled in the state's student information system.
(G) The State
Department of Education shall establish procedures to ensure
that a student who attends a school that is operating under a
waiver pursuant to this section and subsequently transfers to
another school within the district or to another district is not
penalized by being required to repeat coursework that he
successfully has mastered. The department may provide a
necessary accreditation exemption to a school that launches a
competency-based education program.
(H)(1) The State
Department of Education shall create evaluation criteria and
guidelines for schools that are operating under a waiver
pursuant to this section. A participating school shall submit
required data for a biennial cyclical review on a form developed
by the department. The review must begin at the conclusion of
the second academic year of the school's implementation of the
waiver. The required data shall include but not be limited to
indicators of student engagement, instructional practices,
performance on assessments (formative, benchmark, and state),
high school success, and post-secondary success. The review must
begin at the conclusion of the second academic year of the
school's implementation of the waiver. A report summarizing the
reviews including the waivers requested and how they hindered
implementation shall be distributed to the Governor and the
Legislature.
(2)
If upon the cyclical review the department determines that
a goal or objective is not being met, the department shall
notify the district and school in writing. The district and
school have sixty days to respond, after which the department
may recommend revocation of the flexibility provisions to the
State Board of Education.
(I) The Commission on
Higher Education and State Board for Technical and Comprehensive
Education shall establish policies to provide fair and equitable
access to institutions of higher education and technical
colleges as well as , scholarships and financial aid for
graduates of schools implementing innovative school models and
using nontraditional diplomas and transcripts."
SECTION 45. Chapter 18, Title 59 of the 1976 Code is amended by adding:
Section 59-18-1615. (A)
When an elementary or middle school receives
an overall rating of below average or unsatisfactory, or fewer
than twenty-five percent of its students are at 'meets' or
'exceeds expectations' on the English/language arts and
mathematics SC READY assessment or its successor assessment, or
when a high school receives an overall rating of below average
or unsatisfactory or fewer than twenty-five percent of its
students score at least a C or better on end-of-course
assessments in English and mathematics, the faculty of the
school with the leadership of the principal must review its
renewal plan and revise it with the assistance of the school
improvement council established in Section 59-20-60. The revised
plan shall be the school turnaround plan and must:
(1)
consider every aspect of schooling and must outline
activities that, when implemented, reasonably may be expected to
improve student performance and increase the rate of student
progress;
(2)
provide a clear and coherent plan for professional
development that is ongoing, job related, and tied to improving
teaching and learning;
(3)
establish specific annual targets for improving student
academic achievement for elementary and middle schools;
(4)
establish specific annual targets for improving student
academic achievement, on-time graduation rates, and college and
career readiness for high schools;
(5)
identify how existing resources and technical assistance
funds provided by the State or by Title I federal funds can be
targeted to improve student outcome with specific actions to
improve the recruitment and retention of highly effective
teachers;
(6)
address professional development activities that are
directly related to instruction in the core subject areas and
may include the use of funds appropriated for technical
assistance to provide compensation incentives in the form of
salary supplements to classroom teachers who are certified by
the State Board of Education, the purpose of such compensation
packages being to improve student achievement and to improve the
recruitment and retention of highly effective teachers as
determined by average student growth in schools designated as
below average or unsatisfactory; and
(7)
include a time line for implementation of the activities
and the goals in item (6) to be achieved.
(B) For schools
identified in subsection (A), the department shall assist
schools and school districts as they work to improve classroom
practice and student performance by:
(1)
establishing an ongoing state mechanism to promote
successful programs found in South Carolina schools for
implementation in schools with similar needs and students, to
review evidence on instructional and organizational practices
considered to be effective, and to alert schools and classroom
teachers to these options and the sources of training and names
of implementing schools;
(2)
providing information and technical assistance in
understanding state policies, how they fit together, and the
best practice in implementing them; and
(3)
establishing a process for monitoring information provided
for accountability and for assessing improvement efforts and
implementation of state laws and policies which focuses on
meeting the intent and purpose of those laws and policies.
(C) For schools
identified in subsection (A), the local school district board of
trustees, in consultation with the department, shall assist
schools by:
(1)
creating a stakeholder group that includes local
representatives from the Department of Social Services,
Department of Mental Health, Department of Employment and
Workforce, and law enforcement; and
(2)
including in the creation of the renewal plan, after
considering the recommendations of the local stakeholder group,
the following:
(a)
steps to address social service and health needs of
students at the school and their families, to help students
arrive and remain at school ready to learn; provided, however,
that this may include mental health and substance abuse
screening;
(b)
steps to improve or expand child welfare services and, as
appropriate, law enforcement services in the school community,
in order to promote a safe and secure learning environment;
(c)
steps to improve workforce development services provided
to students and their families at the school, to provide
students and families with meaningful employment skills and
opportunities;
(d)
steps to address achievement gaps for limited English
proficient, special education and low-income students;
(e)
alternative English language learning programs for limited
English-proficient students; and
(f)
a financial plan for the school, including any additional
funds to be provided by the district, state, federal government,
or other sources.
(D) Once the revised
plan is developed, the district superintendent and the local
board of trustees shall review the plan to determine if it
focuses on strategies to increase student academic performance
and college and career readiness. Once the district board has
approved the plan, the district shall delineate the strategies
and support it will give the plan. The State Board of Education
shall review and approve the plan and supporting strategies. The
approved plan must be submitted to the Department of Education
and posted on the respective websites of the department, the
school, and the district. Annually, the district superintendent
and the local board of trustees shall submit to the Department
of Education updates on implementation of the plan and how it
measures the impact of the activities in the plan. These annual
reports must be provided to the State Board of Education and the
department shall make these annual reports publicly available on
its website.
(E) After the approval
of the revised plan, the respective professional growth plans
for principals and teachers required by Sections 59-26-40 and
59-24-40 must:
(1)
be reviewed by the department and amended to reflect the
professional development needs identified in the revised plan;
and
(2)
establish individual improvement criteria on the
performance dimensions for the next evaluation.
(F) The school, in
conjunction with the district board, must inform the parents of
children attending the school of the ratings received and must
outline the steps in the revised plan to improve performance,
including the support which the board of trustees has agreed to
give the plan. This information must be:
(1)
provided to the parents no later than February first of
the year following the publication of the rating; and
(2)
advertised in at least one South Carolina daily newspaper
of general circulation in the area, provided this must:
(a)
be published within ninety days of receipt of the report
cards issued by the Department of Education and must be a
minimum of two columns by ten inches (four and one-half by ten
inches) with at least a twenty-four-point bold headline; and
(b)
include the name of school district, name of
superintendent, name of the chair of the local school board of
trustees, district office telephone number, name of school, name
of principal, telephone number of school, the overall
performance rating of the school, the ratings on the school by
indicator, and strategies that the district and school must use
to improve student outcomes of all students as measured on the
report card.
(G) Upon a review of
the plan to ensure it contains sufficiently high standards and
expectations for improvement, the Department of Education is to
delineate the activities, support, services, and technical
assistance it will make available to support the school's plan
and sustain improvement over time. The department annually
before January first shall report to the General Assembly and
Governor on the activities, support, services, and technical
assistance provided to each school and the projected and actual
impact of such intervention.
(H)(1) The school shall
offer an orientation class for parents which focuses on:
(a)
the value of education;
(b)
academic assistance programs that are available at the
school and in the community;
(c)
student discipline;
(d)
school policies;
(e)
explanation of information that will be presented on the
school's report card issued in November;
(f)
information on all afterschool, extracurricular, summer
learning, or other enrichment programs offered by the school or
local community providers; and
(g)
other pertinent issues.
(2)
The school shall offer the orientation class each year the
school receives an overall rating of unsatisfactory or below
average on the school report card and shall provide parents with
written notification of the date, time, and location of the
meeting. A school shall offer the orientation class:
(a)
at a time when the majority of parents are able to attend;
and
(b)
in community settings or workplaces to better meet the
needs of parents with transportation difficulties or scheduling
conflicts.
(I)(1) The Department
of Education shall implement the provisions of this section
through the Office of Transformation. The office shall provide
technical assistance to underperforming schools and districts
through tiers of technical assistance as directed by the
Superintendent of Education. The tiers must be determined by
factors that include, but are not limited to:
(a)
length of time schools in the district have been
underperforming;
(b)
annual achievement ratings;
(c)
annual growth ratings;
(d)
school or district accreditation; and
(e)
financial risk status as defined by the UGG.
(2)
The tiers of technical assistance may include a per
student allocation, placement of a principal mentor,
transformation coach, instructional leader, replacement of the
principal, reconstitution of a school, and declaration of a
state of emergency. Low-performing schools and districts must
be placed within the tiered technical assistance framework not
later than January fifteenth.
(3)
Low-performing schools must receive a needs assessment
through the department. In addition, newly identified
low-performing schools and districts must be reviewed by an
External Review Team in the year of designation, and every third
year thereafter. These reports must be made available on the
department's website; any information pertaining to personnel
matters or containing personally identifiable information is
exempt. Based upon the recommendations in the reviews,
low-performing schools and districts must develop and submit to
the department an updated school renewal or district strategic
plan outlining goals for improvement. The amended plans must
address evidence-based strategies designed to increase student
achievement and must include measures to evaluate the success of
implementation of the plan.
(4)
With the funds appropriated to the department and any
experts placed in the school or district for technical
assistance services, the department shall assist low-performing
schools and districts in designing and implementing the
strategies and measures identified in the amended plans and in
brokering for technical assistance personnel as stipulated in
the plan. In addition, the department shall monitor student
academic achievement and progress on implementation and report
their findings to the Chairman of the Senate Finance Committee,
the Chairman of the House Ways and Means Committee, the Chairman
of the Senate Education Committee, the Chairman of the House
Education and Public Works Committee, the local legislative
delegation, and the Governor in the fall following the school or
district designation as low-performing. If the school or school
district does not provide the evaluation information necessary
to determine effective use, the principal of the school or the
district superintendent may be subject to receiving a public
reprimand by the State Board of Education if it is determined
that those individuals are responsible for the failure to
provide the required information.
(5)
Funds must be used by the department for implementation
and delivery of technical assistance services. Using previous
report card data and monitoring reports on the status of
implementation of the school renewal plan, the department shall
identify priority schools. Funds appropriated for technical
assistance must be used by the department to work with those
schools identified as low-performing and to support priority
schools under the tiered system. These funds may not be
transferred to another funding category by the school district
without prior approval of the State Superintendent of Education
and funds are not subject to agency flexibility provisions.
Section 59-18-1620. (A)
When a school receives an overall rating of
unsatisfactory for three out of four years, the school is
considered to be 'chronically underperforming' and one of the
following must occur:
(1)
the school will be reconstituted immediately after the end
of the school year in which the annual report is published;
and:
(a)
the State Superintendent shall make all personnel
decisions for the reconstituted school and shall have the
authority to determine whether to terminate the principal,
faculty, and staff;
(b)
the State Superintendent of Education shall hire the new
principal and staff for the reconstituted school if necessary;
and
(c)
the department shall contract with a public or nonprofit
entity that has a proven record of success in working with
underperforming schools and districts. The entity shall use
research-based strategies to assist schools with their
operations and oversee the administration of the school until
the overall rating of the school improves; provided, if the
overall rating does not improve within three years then the
school either must be restarted under the management of a
high-performing charter management organization selected by the
State Superintendent of Education or must be governed by the
South Carolina Transformation School District, and all state,
local and federal funds generated by the students must follow
the students to the charter management organization or to the
South Carolina Transformation School District;
(2)
the school must be closed and restarted under the
management of an existing charter school authorizer or a
nonprofit educational management organization selected by the
State Superintendent; provided, if the school is a Title I
school, the Department of Education will award competitive
grants as authorized under federal law to support these new
schools and all state, local and federal funds generated by the
students follow the students to the charter school authorizer or
to the educational management organization. The authorizer or
management organization has the authority to terminate any and
all employees of the school and hire employees at its
discretion; or
(3)
the school must be closed and its students must be
transferred to higher-performing schools in the district.
(B) The State
Superintendent, with input from the local school board of
trustees, shall determine which action is in the best interest
of the students and shall advise the State Board of Education of
its determination.
(C) The State Board of
Education holds final decision-making authority and the
determination by the department and local school board, pursuant
to this subsection, only is advisory.
(D) A school identified
as 'chronically underperforming' must have that designation
included on the first page of its report card in a conspicuous
location.
Section 59-18-1640. (A)
When a majority of students in a district
attend schools with an overall rating of below average or
unsatisfactory, the State Superintendent shall declare the
district to be in a state of emergency and the annual report
card of each school in the district must identify the district
as being in a state of emergency. The State Superintendent, with
the approval of the State Board of Education, shall appoint an
external review committee to study educational programs and
financial management in the district and identify factors
affecting the student performance. The review committee
shall:
(1)
examine all facets of school and district operations,
focusing on strengths and weaknesses, determine the extent to
which the instructional program is aligned with the content
standards, and make recommendations that draw upon strategies
from those who have been successful in raising academic
achievement in schools with similar student characteristics;
(2)
consult with parents and community members to gather
additional information on the strengths and weaknesses of the
district;
(3)
identify personnel changes, if any, that are needed at the
school level, district level, or both, and discuss such findings
with the board;
(4)
work with school staff, central offices, and local boards
of trustees in the design of the district's plan, implementation
strategies, and professional development training that
reasonably may be expected to improve student performance and
increase the rate of student progress in the district;
(5)
identify needed support from the State Department of
Education and other sources for targeted long-term technical
assistance;
(6)
review the financial management of the district;
(7)
report its recommendations, no later than three months
after the district receives the designation as a district in a
state of emergency to the district superintendent, the district
board of trustees, and the State Board of Education; and
(8)
annually report over the next four years to the local
board of trustees and State Board, or more frequently as
considered necessary by the State Board, on the progress of the
district toward implementing the plans and recommendations and
improving student performance.
(B)(1) Upon approval of
recommendations by the State Superintendent of Education, the
Department of Education shall:
(a)
within thirty days notify the district superintendent and
the district board of trustees of the recommendations upon the
approval of the recommendations; and
(b)
delineate the activities, support, services, and technical
assistance it will provide to support the recommendations and
sustain improvement over time.
(2)
The external review committee, composed of Department of
Education staff, representatives from selected school districts,
higher education, and business, annually shall report to the
local board of trustees and the State Board of Education over
the next two years on the district's progress in implementing
the recommendations and improving student performance.
(C) If a district is
identified as being in a state of emergency for four consecutive
school years, the State Board of Education shall choose from one
of the following:
(1)
transfer schools in the district into another, higher
performing district which may be located in the same county or
in another county in the State and all state, local and federal
funds generated by the students follow the students to the
higher performing district; or
(2)
close and restart the schools in the district under the
management of an existing charter school authorizer, a nonprofit
educational management organization selected by the State Board,
or the South Carolina Transformation School District. The board
shall have the discretion to use all three options for schools
in the district.
(D) Upon designation as
a district in a state of emergency for four consecutive years,
the district and local school board of trustees immediately is
dissolved and all of its powers, duties, and responsibilities
are transferred to the entity charged with operating the
schools.
Section 59-18-1650. (A) The South Carolina
Transformation School District is established as an
organizational unit of the Department of Education, established
by the State Superintendent for the purpose of providing the
operation and management of underperforming schools pursuant to
Sections 59-18-1620 and 59-18-1640.
(B) The State
Superintendent may contract with one or more individuals,
governmental entities, or nonprofit entities to manage the daily
operations of any or all schools placed in the Transformation
School District including, but not limited to, providing direct
services to students.
(C) An individual,
governmental entity, or nonprofit entity contracted pursuant to
subsection (B) to manage schools placed in the Transformation
School District may apply to the State Superintendent and the
State Board of Education for a waiver of any regulation that
inhibits or hinders the ability of the school to achieve the
required adequate yearly progress benchmarks. Notwithstanding
the provisions of this subsection, the State Superintendent and
State Board of Education may not waive rules relating to:
(1)
federal and state civil rights;
(2)
federal, state and local health and safety;
(3)
federal and state public records;
(4)
immunizations;
(5)
possession of weapons on school grounds;
(6)
background checks and fingerprinting of personnel;
(7)
federal and state special education services;
(8)
student due process;
(9)
parental rights;
(10)
federal and state student assessment and accountability;
and
(11)
the South Carolina Freedom of Information Act.
(D) The individual,
governmental entity, or nonprofit entity contracted to manage
schools placed in the Transformation School District shall
determine whether a teacher who previously was assigned to the
school may continue to teach at the school as an employee of the
managing entity.
(E) For schools placed
in the Transformation School District whose local districts have
not been dissolved or consolidated, the State Superintendent
shall develop a transition plan for the purpose of returning the
school to the jurisdiction of the local board of trustees if the
school achieves the required progress benchmarks for two
consecutive years.
(F) Absent an
appropriation in the annual general appropriations act, the
Transformation School District shall use state, local, and
federal funds generated by the students served to operate a
school placed in alternative governance and to implement new
initiatives and programs as appropriate. This funding may be
used to implement new initiatives and programs to the extent
that any increase in recurring expenditures are funded
additionally so as not to create a financial burden on the local
school district if the school is removed from the Transformation
School District.
(G) An individual,
governmental entity, or nonprofit entity contracting with the
State Superintendent to manage the operation of a school under
the provisions of this section timely shall provide information
to the local school board of trustees and superintendent
regarding its operation of the schools, including, but not
limited to, matters relating to employment of personnel at the
school. The local school board of trustees may continue to
support the educational improvement of the school under the
direction and guidance of the Superintendent and in accordance
with any contracts entered into in accordance with this section.
In addition, an individual, governmental entity, or nonprofit
entity contracting with the State Superintendent voluntarily may
work with the local school board of trustees to provide the
schools with professional development or technical assistance,
instructional and administrative support, and other support that
may benefit academic progress of the school.
(H) A contract to
manage a school that has been placed in the Transformation
School District must require expenditure reports for funds
received and expended pursuant to these contracts.
(I) The Transformation
School District may require the local board of trustees to
provide school support or student support services for a school
transferred from its jurisdiction to the Transformation School
District including, but not limited to, student transportation,
school food service, or student assessment for special education
eligibility that are compliant with all laws and regulations
governing such services. In such case, the school district
shall reimburse the actual cost to the system providing the
service. If a dispute arises between the school district and
the system providing the service regarding the cost of the
service to be reimbursed, the Superintendent of Education or his
designee shall determine the cost to be reimbursed. The
Transformation School District may use a school building,
facility, and property otherwise part of the school and
recognized as part of the facilities or assets of the school
before its placement in the Transformation School District and
shall have access to such additional facilities as are typically
available to the school, its students, faculty, and staff before
its placement in the school district. This use is unrestricted,
except that the Transformation School District is responsible
for and obligated to provide for routine maintenance and repair
needed to maintain the facilities and property in as good an
order as when the right of use was acquired by the
district."
SECTION 46. Chapter 17, Title 59 of the 1976 Code is amended by adding:
"Section 59-17-15.
(A) Before August 1, 2023, local
school districts whose kindergarten through grade twelve student
population is less than one thousand, and where greater than
fifty percent of the students attend schools whose report card
ratings are below average or unsatisfactory, shall be merged
with a district in the same county in which it is located.
Before August 1, 2021, the State Superintendent of Education
shall provide the General Assembly with a report specifying
legislative actions necessary to accomplish the district
merger.
(B) Before August 1,
2021, the State Superintendent of Education shall provide a
comprehensive plan to the Speaker of the House and President of
the Senate regarding the merging of school districts. When
determining whether to recommend a district for merger or
entrance into a shared services agreement with another district,
the Superintendent shall consider:
(1)
whether the district has an average daily membership of
fewer than fifteen hundred students;
(2)
whether the district has been declared to be in fiscal
watch, caution, or emergency status within the last five
years;
(3)
whether the district, or a school within a district, has
been denied accreditation, or has been placed on probation by
its accreditor;
(4)
whether a majority of students within the district attend
schools that received below average or unsatisfactory on their
report cards;
(5)
any combination of items (1) through (4);
(6)
whether and how any countywide district should be
consolidated with districts in contiguous counties to form a
regional school district;
(7)
whether school districts could be merged to mirror the
service areas of their respective technical colleges; and
(8)
any additional factors that the Superintendent considers
appropriate.
(C)(1) The
Superintendent's report must:
(a)
indicate if the district has already consolidated
administrative and professional services with one or more school
districts; and
(b)
if such a consolidation has occurred, provide a
determination on whether the consolidation of services is
successful and should remain in place in lieu of merging the
district.
(2)
For purposes of this subsection, 'administrative and
professional services' includes:
(a)
finance;
(b)
human resources;
(c)
procurement;
(d)
administrative functions;
(e)
transportation;
(f)
collaboration on increasing instructional offerings;
and
(g)
any other services the Superintendent considers
appropriate."
SECTION 47. Section 59-39-100 of the 1976 Code is amended to read:
"Section 59-39-100.
(A) Diplomas issued to graduates of
accredited high schools within this State must be uniform in
every respect and particularly as to color, size, lettering, and
marking. In accordance with Section 59-59-10, et seq., districts
and schools shall provide students with personalized pathways
for earning the uniform diploma, and students may earn
endorsements based upon their course of study, which may be
represented by seals added to the student's uniform diploma. The
State Board of Education shall promulgate regulations
establishing these pathways and endorsements.
(B) Beginning with
students entering the ninth grade in School Year 1997-1998, the
number of units required for a high school diploma was increased
to twenty-four units. To support the Profile of the Graduate,
for students entering the ninth grade beginning with the
2018-2019 School Year, the twenty-four units required are as
prescribed in this section and in regulation by the State Board
of Education.
(1)
Students will continue to be required to earn the units of
credit as prescribed in regulation and, when applicable, be
offered national industry certifications or credentials.
(2)
Coursework must be aligned with a student's personalized
diploma pathway. The State Board of Education shall promulgate
regulations that outline the process and procedures for approval
of courses to personalize pathways based on students'
postsecondary plans and include an annually updated course
activity coding manual listing approved courses. The
individualized graduation planning process must plan each
student's personalized pathway based on his postsecondary
plans.
(C) Beginning with
students entering ninth grade in the 2020-2021 School Year, a
local board of trustees may require additional units of credit
for a high school diploma.
(D) The
State Board of Education, through the Department of Education
and in collaboration with the Vocational Rehabilitation
Department, the Department of Employment and Workforce,
businesses, and stakeholders shall develop criteria for a
uniform state-recognized employability credential that is
aligned to the program of study for students with a disability
whose Individualized Education Program (IEP) team determines,
and agrees in writing, that a diploma pathway would not provide
a free appropriate public education. The State Board of
Education, in conjunction with the department, shall develop a
rubric and guidelines to identify and assess the employability
skills of the students, based on appropriate standards
established. The credentials must be uniform in size, shape, and
design.
(DE)
The department shall monitor the number of diplomas and
employability credentials earned by students and shall report to
the State Board of Education and the General Assembly biannually
by February 15, beginning in 2020.
(EF)
Nothing in this section prohibits local school boards of
trustees from awarding recognition to students who complete
additional units and credits beyond those required by this
section."
SECTION 48. Chapter 19, Title 59 of the 1976 Code is amended by adding:
Section 59-19-710. The purpose of this article is to enhance local school governance by promoting the highest standards of ethical behavior and to provide an automatic procedure for addressing instances of deficient local school governance impacting the success of a school district.
Section 59-19-720. For
purposes of this article:
(1) Administrator'
means an officer, other than a board member, or employee of a
local school district who holds a position which:
(a)
requires a certificate that authorizes the holder to serve
as school administrator, principal, or school business
administrator;
(b)
does not require that the person hold any type of
certificate but is responsible for making recommendations
regarding hiring or the purchase or acquisition of property or
services by the local school district; or
(c)
requires a certificate that authorizes the holder to serve
as supervisor and be responsible for making recommendations
regarding hiring or the purchase or acquisition of property or
services by the local school district.
(2) 'Anything of value'
or 'a thing of value' has the same meaning as in Section
8-13-100(1).
(3) 'Board member'
means a person holding membership, whether by election or
appointment, on a board of education other than the State Board
of Education.
(4) 'Business' means a
corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union, political
organization, or other legal entity but does not include a local
school district or another public entity.
(5) 'Economic interest'
has the same meaning as in Section 8-13-100(11).
(6) 'Family member' has
the same meaning as in Section 8-13-100(15).
(7) 'Interest' means
the ownership or control of more than ten percent of the
profits, assets, or stock of a business but does not include the
control of assets in a labor union.
(8) 'Local school
district' means any school district in the State, including the
South Carolina Public Charter School District, but does not
include special school districts.
(9) 'Nepotism' means
the employment, appointment, promotion, transfer, or advancement
of a family member to a position in the school district that a
school board member manages or supervises. A school board
member may not participate in an action relating to the
discipline of a family member.
(10) 'Public official'
has the same meaning as in Section 8-13-100(27).
(11) 'School official'
includes the superintendent, assistant superintendent, chief
finance official or employee, and chief purchasing official or
employee of a school district.
(12) 'Spouse' means the
person to whom a school official is legally married.
Section 59-19-730. (A)
The State Board of Education shall adopt a
model code of ethics for local school board members before July
1, 2020. This model code of ethics also shall include
appropriate consequences for violations of provisions of the
model code. The State Board periodically may adopt revisions to
the model code as it considers necessary.
(B)(1) A local school
board shall adopt a local code of ethics applicable to that
board within three months after adoption of the model code by
the state board. A local code must include, at a minimum, the
model code of ethics.
(2)
If the State Board adopts a revision to the model code, a
local school board shall adopt and incorporate the revision into
its local code within three months of the adoption of the
revision by the State Board.
(3)
A local school board only may adopt its local code of
ethics or any changes to that local code at a regularly
scheduled meeting.
(4)
A local school board may not adopt or follow a code of
ethics that prevents its members from discussing freely the
policies and actions of the board outside of a board meeting.
This does not preclude a local school board from adopting a
policy, in a regularly scheduled meeting, that prohibits certain
disclosures allowed by law.
(5)
A local school board shall submit a copy of its local code
of ethics and subsequent revisions to the State Department of
Education within thirty days of adoption.
Section 59-19-740. (A)
A local school board shall adopt policies
regarding nepotism which, at a minimum, must include the
provisions of this section.
(B) After June 30,
2020, a person who has a family member serving on a local school
board, as the district school superintendent, as a principal or
assistant principal of a school in the district, or as a member
of the district administrative staff is not eligible to serve as
a member of the board if the family member's employment with the
district begins after December 31, 2020. This provision does not
affect the employment of a person employed by the district
before June 30, 2020, or who is employed by the district when
his family member becomes a member of that local school
board.
(C)(1) For a district
with a full-time enrollment of fewer than three thousand
students in the initial fall enrollment of 2019, the State Board
of Education may waive the provisions of subsection (B) at the
request of the local school board or an individual attempting to
qualify to run for a seat on that board, provided the local
school board shall, before submitting a waiver request, provide
thirty days' notice of the individual's intent to run for the
office and conduct a public hearing for the purpose of providing
an opportunity for full discussion and public input on the issue
of potential nepotism problems and other concerns regarding the
waiver. The public hearing may be conducted in conjunction with
a regular or called meeting of the local school board.
(2)
A local school board that seeks a waiver pursuant to this
subsection shall submit a written waiver request to the State
Board of Education that:
(a)
identifies the specific laws, rules, regulations,
policies, procedures, or provisions that are requested for the
waiver;
(b)
describes the laws, rules, regulations, policies, and
procedures, or provisions that the board will substitute for the
waived laws, rules, regulations, policies, procedures, or
provisions;
(c)
describes any familial relationship that is the subject of
the waiver request and the policy for recusal;
(d)
describes how the waiver will improve student performance;
(e)
describes the students who will be affected by the
proposed waiver, including their estimated number, current
performance, grade level, and any common demographic traits;
(f)
lists by name the schools that will be affected by the
proposed waiver, and a description of each school, including
current performance, grade levels, and demographic traits of the
students of each school;
(g)
describes the methods for collecting data, and for
measuring and evaluating any change in student performance
resulting from the proposed waiver;
(h)
provides the period of time for which the proposed waiver
is requested and the proposed starting date;
(i)
provides a resolution adopted by the
local school board to approve or disapprove the waiver request,
and outlining the reasons for its approval or disapproval;
and
(j)
describes any public comment received
at the public hearing held pursuant to item (1).
(3)
The State Board of Education may grant or deny a waiver
request, or grant a waiver request subject to specific
modifications in the waiver request.
(4)
The State Board of Education shall grant or deny a waiver
request no later than forty-five days after receipt of the
request, taking into consideration whether the benefit to the
public would justify approval of the waiver.
(D) After June 30,
2020, a person who has a family member serving on a local school
board, hired or promoted as a principal or assistant principal
of a school in the district, or hired as a member of the
district administrative staff is not eligible to serve as the
superintendent of the district if the family member's employment
with the district begins after December 31, 2020. This provision
does not affect the employment of a person employed by the
district before June 30, 2020, or who is employed by the
district when his family member becomes a member of that local
school board.
Section 59-19-750. (A)
To avoid a conflict of interest, a local
school board member or school official may not:
(1)
use or attempt to use his official position to secure
unwarranted privileges, advantages, or employment for himself,
his family members, or any others;
(2)
act in his official capacity in any matter where he, his
family member, or a business organization in which he or his
family member has an economic interest that reasonably could be
expected to impair his objectivity or independence of
judgment;
(3)
solicit or accept, or knowingly allow his family member or
a business organization in which he or his family member has an
economic interest to solicit or accept a gift, favor, loan,
political contribution, service, promise of future employment,
or other thing of value based upon an understanding that the
gift, favor, loan, political contribution, service, promise of
future employment, or other thing of value was given or offered
for the purpose of influencing the board member in the discharge
of his official duties; provided this item does not apply to the
solicitation or acceptance of contributions to the campaign of
an announced candidate for elective public office if the board
member has no knowledge or reason to believe that the campaign
contribution, if accepted, was given with the intent to
influence the board member in the discharge of his official
duties;
(4)
use, or knowingly be allowed to use, his official position
or any information not generally available to the general public
which he receives or acquires in the course of and by reason of
his official position for the purpose of securing financial gain
for himself, his family member, or a business organization with
which he is associated;
(5)
represent, either in his individual capacity or through a
business organization in which he has an interest, a person or
party, other than the local school district or its board, with
any cause, proceeding, application, or other matter pending
before the district in which he serves or in a proceeding
involving the district he represents;
(6)
be prohibited from making an inquiry for information on
behalf of a constituent if no fee, reward, or other thing of
value is promised to, given to, or accepted by the board member
or his family member in return;
(7)
disclose or discuss any information which is subject to
attorney-client privilege belonging to the local school board to
any person except for other board members, an attorney
representing the board, the district superintendent, or any
other person designated by the district superintendent for
receipt of such disclosures unless the privilege has been waived
by a two-thirds vote of the membership of the board then
serving;
(8)
serve also as an officer of any organization that sells
goods or services to the district, excluding not-for-profit
organizations;
(9)
be considered in conflict with the provisions of this
subsection if, by reason of his participation in a matter
required to be voted upon, no material or monetary gain accrues
to him as a member of a profession, occupation, or group to any
greater extent than reasonably could be expected to accrue to
another member of that profession, occupation, or group; and
(10)
to enable local school superintendents and administrators
to effectively perform their duties related to daily operations
without undue interference from school board members, a school
board member shall:
(a)
recognize that the authority of the board only rests with
the board as a whole and not with individual board members, and
act accordingly;
(b)
support the delegation of authority for day-to-day
administration of the school system to the local superintendent,
and act accordingly;
(c)
honor the chain of command and refer problems or
complaints consistent with the chain of command;
(d)
recognize that the local superintendent shall serve as
secretary, ex officio to the board, and should be present at all
meetings of the board except when his contract, salary, or
performance is under consideration;
(e)
not undermine the authority of the local school
superintendent or intrude into responsibilities that properly
belong to the local superintendent or school administration,
including such functions as hiring, transferring, or dismissing
employees; and
(f)
use reasonable efforts to keep the local superintendent
informed of concerns or specific recommendations that any member
of the board may bring to the board.
(B) School board
members may create or modify the salary, travel stipend, or
other component of the compensation provided to school board
members, but such creation or change may not become effective
until the commencement date of the terms of two or more members
elected at the next general election following the adoption of
the modification, at which time the creation or change becomes
effective for all members.
(C) Upon a motion
supported by a two-thirds vote of the members present, a local
school board shall request that the State Ethics Commission
conduct a hearing concerning the violation by a board member of
a conflict of interest provision in subsection (A).
Section 59-19-760. (A)
The State Department of Education or another
public school accrediting agency shall notify the State Board of
Education upon placing any district or school on the level of
accreditation that immediately precedes the loss of
accreditation for school governance reasons. This notice shall
include the reason or reasons for the decision of the
accrediting agency.
(B) Notwithstanding
another provision of law, if a school district or school is
placed on the level of accreditation that immediately precedes
the loss of accreditation for school governance by an
accrediting agency, the local board shall notify the State Board
of Education, in writing, within three business days of the
placement. This notice shall include the reason or reasons for
the decision of the accrediting agency.
(C) The State Board of
Education shall conduct a hearing no less than ten days before,
but no more than ninety days after, it receives or gives the
notice provided in subsections (A) and (B), and shall recommend
to the Governor whether he should suspend all eligible members
of the local board without pay. A majority of the members of a
local board of education may petition the State Board of
Education to continue any hearing scheduled under this
subsection. Upon a showing of good cause, the state board may in
its sound discretion continue any such hearing. Notwithstanding
another provision of law, deliberations held by the State Board
of Education pursuant to this subsection to formulate its
recommendation to the Governor may not be open to the public and
are not subject to the Freedom of Information Act; provided,
however, that testimony must be taken in an open meeting and a
vote on the recommendation must be taken in an open meeting
following the hearing or at the next regularly scheduled
meeting. If the State Board of Education makes a recommendation
to suspend, the Governor may, in his discretion, suspend all
eligible members, but not selective individual members, of the
local board of education with pay and, in consultation with the
State Board of Education, appoint temporary replacement members
who are otherwise qualified to serve as members of the board. A
temporary replacement member appointed pursuant to this
subsection must serve until the completion of the suspension or
until the seat becomes vacant, whichever occurs first.
(D) All hearings
pursuant to subsection (B) must be conducted by the State Board
of Education, a committee of the State Board, or a hearing
officer appointed by the State Board. In conducting a hearing:
(1)
the presiding officer shall notify the parties of the time
and place of the hearing;
(2)
all witnesses shall testify under oath and are subject to
cross-examination;
(3)
the presiding officer shall require the testimony and
other evidence to be transcribed by a court reporter or recorded
by other appropriate means;
(4)
the strict rules of evidence prevailing in courts of law
are not applicable; and
(5)
at the conclusion of the hearing, or within fifteen days
thereafter, the State Board of Education shall notify the
Governor and the parties of its decision in writing.
(E) The provisions of
this section apply only to a local school district or school
which is placed on the level of accreditation immediately
preceding loss of accreditation after July 1, 2020. This section
applies only to local board of education members who were
serving on the local board at the time the accrediting agency
placed the local school district or school on the level of
accreditation immediately preceding loss of accreditation."
SECTION 49. Section 59-18-920 of the 1976 Code is amended to read:
"Section 59-18-920.
A charter school established pursuant to Chapter 40, Title
59 shall report the data requested by the Department of
Education necessary to generate a report card and a rating. The
performance of students attending charter schools sponsored by
the South Carolina Public Charter School District or
registered institution of higher education must be included
in the overall performance ratings of each school in the
South Carolina Public Charter School District. The
performance of students attending a charter school authorized by
a local school district must be reflected on a separate line on
the school district's report card. An alternative school is
included in the requirements of this chapter; however, the
purpose of an alternative school must be taken into
consideration in determining its performance rating. The
Education Oversight Committee, working with the State Board of
Education and the School to Work Advisory Council, shall develop
a report card for career and technology schools."
SECTION 50. Article 1, Chapter 19, Title 59 of the 1976 Code is amended by adding:
"Section 59-19-55. Trustees and school officials shall comply with the provisions of Articles 1, 7, 11, and 13, Chapter 13, Title 8. For purposes of this section, 'school official' has the same meaning as in Section 59-19-720(5)."
SECTION 51. Article 7, Chapter 13, Title 18 of the 1976 Code is amended by adding:
"Section 8-13-810.
(A) By July first of each year, the
State Board of Education shall notify the State Ethics
Commission of any local school board member who has not complied
with the provisions of Section 59-19-45. Local school board
members who fail to successfully complete the training program
must be considered to be in violation of the State Ethics Act
and must be assessed a civil penalty as follows:
(1)(a)
a fine of one hundred dollars if the training is not
completed as provided by law in this chapter; and
(b)
after notice has been given by the State Board of
Education by certified or registered mail that the training has
not been completed, a fine of ten dollars per calendar day for
the first ten days after notice has been given, and one hundred
dollars for each additional calendar day in which the training
is not completed, not exceeding five thousand dollars; and
(2)
after the maximum civil penalty has been levied and the
required statement or report has not been
filed, the person is:
(a)
for a first offense, guilty of a misdemeanor triable in
magistrates court and, upon conviction, must be fined not more
than five hundred dollars;
(b)
for a second offense, guilty of a misdemeanor triable in
magistrates court and, upon conviction, must be fined not less
than two thousand five hundred dollars nor more than five
thousand dollars; and
(c)
for a third or subsequent offense, guilty of a misdemeanor
triable in magistrates court and, upon conviction, must be fined
not more than five thousand dollars.
(B) In addition to
existing remedies for breach of the ethical standards of this
chapter or regulations promulgated hereunder, the State Ethics
Commission may impose an oral or written warning or
reprimand.
(C) Before a member's
position with a local school district board may be terminated
for a violation of the provisions of this chapter, notice and an
opportunity for a hearing must be provided to the trustee."
SECTION 52. Section 1-3-240(A) of the 1976 Code is amended to read:
"(A) Any officer
of the county or State, or a local school board member or
trustee, except:
(1)
an officer whose removal is provided for in Section 3 of
Article XV of the State Constitution;
(2)
an officer guilty of the offense named in Section 8 of
Article VI of the State Constitution; or
(3)
pursuant to subsection (B) of this section, an officer of
the State appointed by the Governor, either with or without the
advice and consent of the Senate; who is guilty of malfeasance,
misfeasance, incompetency, absenteeism, conflicts of interest,
misconduct, persistent neglect of duty in office, or incapacity
must be subject to removal by the Governor upon any of the
foregoing causes being made to appear to the satisfaction of the
Governor. Before removing any such officer, the Governor shall
inform him in writing of the specific charges brought against
him and give him an opportunity on reasonable notice to be
heard."
SECTION 53. Section 59-19-45 of the 1976 Code is amended to read:
"Section 59-19-45.
(A) Within one year of taking office,
all persons elected, reelected, or appointed as members
of a school district board of trustees after July 1,
1997, regardless of the date of their election,
reelection, or appointment, shall complete successfully
an orientation a training program in the
powers, duties, and responsibilities of a board member
including, but not limited to, topics on policy development,
personnel, superintendent and board relations, instructional
programs, district finance, school law, ethics, nepotism,
conflict of interest, and community relations. This
program must be offered by a district and completed by a board
member within one year after his election, reelection, or
appointment. This program also must be offered by a district
and completed by a member serving on the effective date of this
act within one year after the effective date of this act.
(B)(1)
The orientation shall be approved by the State
Board of Education and conducted by public or private entities
approved by the State Board of Education such as the South
Carolina School Boards Association. By December 31,
2019, the State Board of Education shall adopt a model training
program for training local school board members on the
provisions of this article and local polices adopted pursuant to
it. The program must include initial and continuing training.
The State Board of Education periodically may adopt revisions to
the training program as it considers necessary.
(2)(a)
A local school board shall adopt a local
training program applicable to that board within three months
after adoption of the model training program by the State Board
of Education. A training program must include, at a minimum, the
model training program.
(b)
If the State Board of Education adopts a
revision to the training program, a local school board shall
adopt and incorporate the revision into its local training
program within three months of the adoption of the revision by
the State Board of Education.
(c)
A local school board only may adopt its local
training program or any changes to that local training program
at a regularly scheduled meeting.
(d)
A local school board shall submit a copy of its
local code of ethics and subsequent revisions to the State
Department of Education within thirty days of adoption.
(C) The
provisions of this section also apply to members of county
boards of education appointed or elected after July 1, 1997, in
the same manner the provisions of this section apply to members
of school district boards of trustees.
(D)
The provisions of this section do not apply to a
school board trustee or county board of education member who was
serving in such office on July 1, 1997, and who is continuously
reelected or reappointed to office thereafter. In
addition to meeting other requirements provided by law, a person
serving on a school board shall:
(1)
sign a statement asserting that he understands
the applicable local code of ethics and policy on nepotism;
and
(2)
annually disclose compliance with the State
Board of Education policy on training for local school boards,
the applicable local code of ethics, the nepotism policy, and
the conflict of interest provisions applicable to local school
boards.
(ED)
The State Department of Education shall reimburse a school
district or county board of education conducting an
orientation training for a new board member as
required by this section at the rate of eighty dollars for a
member, provided that the total reimbursements by the department
in one fiscal year must not exceed ten thousand dollars. If the
total projected cost of these reimbursements for a year as
determined by the department exceeds ten thousand dollars, the
eighty-dollar reimbursement for each new member must be reduced
proportionately. If funds are not available for these
reimbursements, the board member orientation
training is not required but may be conducted at the
option of a school district or county board of education. The
State Board of Education shall establish guidelines and
procedures for these reimbursements.
(FE)
The State Department of Education must keep a record of
the school board trustees who complete the
orientation training program for a
period of at least five years."
SECTION 54. Section 59-19-60 of the 1976 Code is amended to read:
"Section 59-19-60.
(A) School district trustees
shall be are subject to removal from
office for cause by the county boards of education, upon
notice and after being given an opportunity to be heard by the
county board of education. Any such order of removal shall state
the grounds thereof, the manner of notice and the hearing
accorded the trustee, and any such trustee shall have the right
to appeal to the court of common pleas, as provided in Section
59-19-560 pursuant to the provisions of Chapter 3,
Title 1. Vacancies occurring in the membership of any board
of trustees for any cause shall must be
filled for the unexpired term by the county board of
education local legislative delegation in the
same manner as provided for full-term appointments.
(B) In
addition to the bases for removal from office by the Governor
provided in Chapter 3, Title 1, the Governor may remove a member
of a school district board of trustees in a case involving:
(1)
fraud;
(2)
misappropriation of funds;
(3)
nepotism;
(4)
violation of election or procurement laws; or
(5)
any combination of items (1) through (5).
(C) If
the entire membership of a board of trustees is removed, five
vacancies automatically are created, regardless of the prior
number of seats held by the board of trustees. The Governor
shall appoint members to fill three of the vacancies, the State
Superintendent of Education shall appoint a member to fill one
of the vacancies, and the local legislative delegation shall
appoint a member to fill one of the vacancies within ninety
days.
(D) If
one or more members, but not the entire membership, of a board
of trustees is removed, the Governor must fill the vacancies
within ninety days.
(E) A
person appointed pursuant to subsection (C) or (D) to fill a
vacant seat on a board of trustees shall serve until the next
general election is held for the seat and may run in that
general election for the seat to which he was appointed.
(F) If
only two members remain serving on a board of trustees, the
members may take no action that requires a vote until a third
member is appointed."
SECTION 55. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-444.
All reports, studies, published findings, memoranda,
guidelines, rules, and other documents concerning implementation
of programs and initiatives concerning student performance and
achievement, school district and school accountability,
curriculum revisions, the Education Finance Act, facility
funding and construction, and other such matters as may be
requested by Senate Education Committee or House Education and
Public Works Committee must be posted by the department on its
Internet website within twenty-four hours after being made
public. The posting must be in a form and manner that is
easily:
(1) locatable by the
public through a prominent link on the homepage of the
department's website; and
(2) accessible for
viewing and downloading in a portable document format (PDF) by
the public."
SECTION 56. Section 59-19-90(3) of the 1976 Code is amended to read:
"(3)
Promulgate rules and regulations.
Promulgate Adopt rules prescribing scholastic
standards of achievement and standards of conduct and behavior
that must be met by all pupils as a condition to the right of
such the pupils to attend the public
schools of such the district. The rules
shall must take into account the
necessity of proper conduct on the part of all pupils and the
necessity for scholastic progress in order that the welfare of
the greatest possible number of pupils shall
must be promoted, notwithstanding that
such the rules may result in the
ineligibility of pupils who fail to observe the required
standards, and require the suspension or permanent dismissal of
such the pupils. A rule must align
with applicable federal and state accountability
requirements;"
SECTION 57. Article 15, Chapter 18, Title 59 of the 1976 Code is repealed.
SECTION 58. Section 59-59-30 of the 1976 Code is repealed.
SECTION 59. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 60. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.