H*3848(Rat #0199, Act #0192 of 2016)  General Bill, By Huggins, J.E. Smith, 
McKnight, Jefferson, Hosey, Atwater, Toole, Burns, Herbkersman, Ridgeway, 
Simrill, Kennedy, Ballentine and Henegan
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH
 CAROLINA FOUNDING PRINCIPLES ACT" BY ADDING SECTION 59-29-155 SO AS TO PROVIDE
 THE STATE BOARD OF EDUCATION AND EDUCATION OVERSIGHT COMMITTEE SHALL
 INCORPORATE INSTRUCTION ON CERTAIN FOUNDING PRINCIPLES OF THE UNITED STATES
 INTO REQUIRED STUDIES OF THE UNITED STATES CONSTITUTION AND THE SOUTH CAROLINA
 SOCIAL STUDIES STANDARDS, TO SPECIFY CERTAIN MINIMUM CONTENT REQUIREMENTS, TO
 PROVIDE THE STATE DEPARTMENT OF EDUCATION BIENNIALLY SHALL REPORT ON THE
 IMPLEMENTATION OF THIS ACT TO THE GENERAL ASSEMBLY, AND TO PROVIDE THE
 DEPARTMENT SHALL OFFER PROFESSIONAL DEVELOPMENT OPPORTUNITIES REGARDING
 FOUNDING PRINCIPLES INSTRUCTION TO TEACHERS. - ratified title

   03/17/15  House  Introduced and read first time (House Journal-page 29)
   03/17/15  House  Referred to Committee on Education and Public
                     Works (House Journal-page 29)
   03/19/15  House  Member(s) request name added as sponsor: Kennedy
   03/24/15  House  Member(s) request name added as sponsor: Ballentine
   03/10/16  House  Committee report: Favorable with amendment
                     Education and Public Works (House Journal-page 3)
   03/14/16         Scrivener's error corrected
   03/15/16  House  Amended (House Journal-page 29)
   03/15/16  House  Read second time (House Journal-page 29)
   03/15/16  House  Roll call Yeas-99  Nays-0 (House Journal-page 30)
   03/16/16  House  Read third time and sent to Senate
                     (House Journal-page 8)
   03/16/16         Scrivener's error corrected
   03/16/16  Senate Introduced and read first time (Senate Journal-page 6)
   03/16/16  Senate Referred to Committee on Education
                     (Senate Journal-page 6)
   04/14/16  Senate Committee report: Favorable with amendment
                     Education (Senate Journal-page 8)
   05/11/16  Senate Committee Amendment Adopted (Senate Journal-page 29)
   05/11/16  Senate Read second time (Senate Journal-page 29)
   05/11/16  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 29)
   05/12/16  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 11)
   05/18/16  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 74)
   05/18/16  House  Roll call Yeas-112  Nays-0 (House Journal-page 74)
   05/24/16         Ratified R 199
   05/26/16         Signed By Governor
   06/01/16         Effective date 05/26/16
   06/03/16         Act No. 192

(A192, R199, H3848)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA FOUNDING PRINCIPLES ACT" BY ADDING SECTION 59-29-155 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION AND EDUCATION OVERSIGHT COMMITTEE SHALL INCORPORATE INSTRUCTION ON CERTAIN FOUNDING PRINCIPLES OF THE UNITED STATES INTO REQUIRED STUDIES OF THE UNITED STATES CONSTITUTION AND THE SOUTH CAROLINA SOCIAL STUDIES STANDARDS, TO SPECIFY CERTAIN MINIMUM CONTENT REQUIREMENTS, TO PROVIDE THE STATE DEPARTMENT OF EDUCATION BIENNIALLY SHALL REPORT ON THE IMPLEMENTATION OF THIS ACT TO THE GENERAL ASSEMBLY, AND TO PROVIDE THE DEPARTMENT SHALL OFFER PROFESSIONAL DEVELOPMENT OPPORTUNITIES REGARDING FOUNDING PRINCIPLES INSTRUCTION TO TEACHERS.

Whereas, the United States of America is currently celebrating the 239th year of its independence and the 228th year of its people living free under the United States Constitution, the greatest governing principles ever written; and

Whereas, it is the obligation and responsibility of every United States citizen to understand the importance of the Declaration of Independence, the Constitution, the Federalist Papers, and other documents that set forth and explain the principles of federalism, a governing system whereby the states and the federal government share responsibility for governing, and understand the rights of the people to private property, due process, and other inalienable rights; and

Whereas, the Tenth Amendment to the United States Constitution provides that "[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the State respectively, or to the people"; and

Whereas, the preservation of our great nation depends on strict adherence to the Tenth Amendment and other principles that protect the states and the people from overzealous acts of all branches of the federal government; and

Whereas, many preeminent legal scholars and jurists, including Justice Sandra Day O'Connor, have observed that "Congress will nibble away at state sovereignty, bit by bit, until someday essentially nothing is left but a gutted shell"; and

Whereas, understanding the proper role and the limitations of government have been a recurring issue for our courts throughout the history of our nation; and

Whereas, every state has constitutional requirements for the education of the children of the state; and

Whereas, many states recognize the importance of complying with its constitutional mandate of education by enacting laws that require graduating students to have a working knowledge of this country's Founding Principles; and

Whereas, as stated by Patrick Henry, "No free government, or the blessings of liberty, can be preserved to any people [but] by a frequent recurrence to fundamental principles"; and

Whereas, educating our children on the Founding Principles of our nation is crucial to the continuance of our free Republic. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Citation

SECTION    1.    This act is known and may be cited as the "South Carolina Founding Principles Act".

Founding principles instruction required, reporting requirements, professional development

SECTION    2.    Article 1, Chapter 29, Title 59 of the 1976 Code is amended by adding:

"Section 59-29-155.    (A)    The State Board of Education and Education Oversight Committee shall incorporate instruction on the founding principles that shaped the United States into the required study of the United States Constitution as provided in Section 59-29-120, and the South Carolina Social Studies Standards upon the next cyclical review. The board and committee shall include, at a minimum, the Federalist Papers and instruction on the structure of government and the role of the separation of powers and the freedoms guaranteed by the Bill of Rights to the United States Constitution.

(B)    The State Department of Education biennially shall submit a report by October fifteenth of each odd-numbered year, commencing in 2017, to the Senate Education Committee and the House Education and Public Works Committee documenting the implementation of this section.

(C)    The State Department of Education shall make available professional development opportunities to teachers regarding subsection (A) by physical or electronic means."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 24th day of May, 2016.

Approved the 26th day of May, 2016.