Rep. M.M. SMITH proposes the following Amendment No. to H.5126 as introduced by Ways & Means

(Doc Name h:\legwork\house\amend\h-wm\012\sde health education.docx):

EXPLANATION: Amend proviso 1.39 to conform with requirements of CHEA.

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 283, proviso 1.39, by amending the proviso to read:

/ (SDE: Health Education) (1) Each school district is required to ensure that all comprehensive health education, reproductive health education, and family life education conducted within the district, whether by school district employees or a private entity, must utilize curriculum that complies with the provisions contained in Chapter 32, Title 59 (Comprehensive Health Education Act CHEA) and aligns to all standards and regulations adopted by the South Carolina State Board of Education. A school district must fulfill all of the requirements of CHEA and must not violate any portion of CHEA. Each school within the district must provide evidence of CHEA compliance to the school district, and the school district must annually provide evidence of CHEA compliance to the Department of Education accounting for each school within the district. The Department has the right to review all materials used by school districts to provide oversight of a district's report of CHEA compliance and make a final determination. Each district shall publish on its website the title and publisher of all health education materials it has approved, adopted, and used in the classroom. If the department determines that a district is non-compliant with mandated health education upon review of the district's annual CHE Compliance Survey or if the district fails to publish the title and publisher of all materials on its website, then the Department of Education shall withhold one ten percent of the district's funds allocated in Part IA, Section 1, X - Student Health and Fitness Act until the department determines the district is in compliance.

 (2) Any person may complain in a signed, notarized writing to the chairman of the governing board of a school district that matter not in compliance with the requirements of Chapter 32, Title 59 is being taught in the district. Upon receiving a notarized complaint, the chairman of the governing board must ensure that the complaint is immediately investigated and, if the complaint is determined to be founded, that immediate action is taken to correct the violation. If corrective action is not taken within 60 days of such a determination, or if no investigation is made within 60 days of the chairman's receipt of the notarized statement, then the complainant may within 60 calendar days, give written notice to the department. The notice must include the original notarized complaint. If, upon investigation, the department determines that the district has not taken appropriate immediate action to correct a violation, then the Department of Education shall withhold one ten percent of the district's funds allocated in Part IA, Section 1, X - Student Health and Fitness Act until the department determines the district is in compliance. /

Renumber sections to conform.

Amend totals and titles to conform.