H 3725 Session 112 (1997-1998)
H 3725 General Bill, By Townsend, Allison, Barrett, Gamble, Harrell, Hinson,
Kelley, Kirsh, Leach, Littlejohn, Martin, Rodgers, Spearman, Stille, Walker and
Woodrum
Similar(S 559)
A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO
AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS
AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE
COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS,
TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION
59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION
INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND
CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH
TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL
SECTION 59-26-80, RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
03/26/97 House Introduced and read first time HJ-3
03/26/97 House Referred to Committee on Education and Public
Works HJ-3
A BILL
TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES
FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO
FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES;
SECTION 59-26-20, AS AMENDED, RELATING TO THE
DUTIES OF THE STATE BOARD OF EDUCATION AND THE
COMMISSION ON HIGHER EDUCATION IN REGARD TO
TEACHER EDUCATION PROGRAMS, TEACHER
EXAMINATIONS, AND TEACHER EVALUATION AND
TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED,
RELATING TO CERTAIN TEACHER EXAMINATIONS AND
EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING
TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO
REVISE THE MANNER IN WHICH AND PROCEDURES
UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED,
EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION
59-26-80 RELATING TO THE EDUCATION ENTRANCE
EXAMINATION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 59-26-10 of the 1976 Code is amended to
read:
"Section 59-26-10. It is the intent of this chapter to provide for
a fair, and cohesive, and comprehensive
program system for the training, certification, initial
employment, and evaluation, and continuous
professional development of public educators in this State. The
following guidelines, which further constitute the intent of this
chapter shall must be adhered to by all state and local
officials, agencies, and boards in interpreting and
implementing the provisions of this chapter so that the program
system provided for herein shall:
(a) upgrade the standards for educators in this State in a fair,
professional, and reasonable manner.;
(b) assure that prospective teachers have basic reading,
mathematics, and writing skills.;
(c) improve the educator training programs and the evaluation
procedures for those programs.;
(d) insure assure that prospective teachers know
and understand their teaching areas and are given assistance toward
the achievement of their potential.;
(e) Enable the use of evaluation standards that will aid in
determining whether beginning teachers can apply fundamental
teaching skills in the classroom assure that school districts
implement a comprehensive system for assisting, developing, and
evaluating teachers employed at all contract levels."
SECTION 2. Section 59-26-20 of the 1976 Code, as last amended
by Act 282 of 1992, is further amended to read:
"Section 59-26-20. The State Board of Education, through the
State Department of Education, and the Commission on Higher
Education shall:
(a) develop and implement a plan for the continuous evaluation
and upgrading of standards for program approval of undergraduate
and graduate education training programs of colleges and universities
in this State.;
(b) adopt policies and procedures which result in visiting teams
with a balanced composition of teachers, administrators, and
higher education faculties.;
(c) establish program approval procedures which shall assure that
all members of visiting teams to review and approve
undergraduate and graduate education programs have attended
training programs in program approval procedures within two years
prior to service on such teams.;
(d) render advice and aid to departments and colleges of education
concerning their curricula, program approval standards, and
results on the examinations provided for in this
chapter.;
(e) adopt program approval standards so that beginning with
the 1982-83 school year all colleges and universities in this State
that offer undergraduate degrees in education shall require that
students successfully complete the basic skills examination that is
developed in compliance with this act chapter before
final admittance into the undergraduate teacher education program.
These program approval standards shall include, but not be
limited to, the following:
(1) A student initially may initially take the
basic skills examination during his first or second year in college.
(2) Students may be allowed to take the examination no more
than three four times.
(3) If a student has not passed the examination, he may
not be conditionally admitted to a teacher education program
after December 1, 1996. Such admittance shall not
exceed one year. If he has not passed the examination within one
year of the conditional admittance he shall not continue in the teacher
education program. After December 1, 1996, any person
who has failed to achieve a passing score on all sections of the
examination after two attempts may retake for a third time any test
section not passed in the manner allowed by this section. The person
shall first complete a remedial or developmental course from a
post-secondary institution in the subject area of any test section not
passed and provide satisfactory evidence of completion of this
required remedial or developmental course to the State
Superintendent of Education. A third administration of the
examination then may be given to this person. If the person fails to
pass the examination after the third attempt, after a period of three
years, he may take the examination or any sections not passed for a
fourth time under the same terms and conditions provided by this
section of persons desiring to take the examination for a third
time.
Provided, that in addition to the above approval standards,
beginning in 1984-85, additional and upgraded approval standards
must be developed, in consultation with the Commission on Higher
Education, and promulgated by the State Board of Education for
these teacher education programs.
(f) administer the basic skills examination provided for in this
section two three times per a
year.;
(g) report the results of the examination to the colleges,
universities, and student in such form that he will be
provided specific information about his strengths and weaknesses and
given consultation to assist in improving his
performance.;
(h) adopt program approval standards so that beginning with
the 1982-83 school year all colleges and universities in this State
that offer undergraduate degrees in education shall require that
students pursuing courses leading to teacher certification successfully
complete one semester of student teaching and other field experiences
and teacher development techniques directly related to practical
classroom situations.;
(i) adopt program approval standards whereby each student
teacher shall must be evaluated and assisted
at least three times by a representative or
representatives of the college or university in which the
practice student teacher is enrolled. The
evaluation instrument to be used shall be the instrument developed
for this purpose in compliance with Section 59-26-30
Evaluation and assistance processes shall be locally developed or
selected by colleges or universities in accordance with State Board
of Education regulations. Processes shall evaluate and assist student
teachers based on the criteria for teaching effectiveness developed in
accordance with this chapter. All observers college
and university representatives who use are involved
in the evaluation instrument and assistance
process shall receive reliability appropriate
training as defined by State Board of Education Regulations.
The college or university in which the practice
student teacher is enrolled shall make available assistance,
training, and counseling to the student teacher to overcome
the any identified deficiencies.;
(j) Cooperate with the special project and the Educator
Improvement Task Force created by this chapter. the
Commission on Higher Education, in consultation with the State
Department of Education and the staff of the South Carolina Student
Loan Corporation, shall develop a loan program whereby talented
and qualified state residents may be provided loans to attend public
or private colleges and universities for the sole purpose and intent of
becoming certified teachers employed in the State in areas of critical
need. Areas of critical need shall include both rural areas and areas
of teacher certification and must be defined annually for that purpose
by the State Board of Education. The recipient of a loan is entitled to
have up to one hundred percent of the amount of the loan plus the
interest canceled if he becomes certified and teaches in an area of
critical need. The loan must be canceled at the rate of twenty percent
of the total principal amount of the loan plus interest on the unpaid
balance for each complete year of teaching service in either an
academic critical need area or in a geographic need area. Beginning
July 1, 1989, the loan must be canceled at the rate of thirty-three and
one-third percent of the total principal amount of the loan plus
interest on the unpaid balance for each complete year of teaching
service in both an academic critical need area and a geographic need
area. In case of failure to make a scheduled repayment of any
installment, failure to apply for cancellation of deferment of the loan
on time, or noncompliance by a borrower with the intent of the loan,
the entire unpaid indebtedness including accrued interest, at the
option of the commission, shall become immediately due and
payable. The recipient shall execute the necessary legal documents
to reflect his obligation and the terms and conditions of the loan. The
loan program, if implemented, pursuant to the South Carolina
Education Improvement Act, is to be administered by the South
Carolina Student Loan Corporation. Funds generated from
repayments to the loan program must be retained in a separate
account and utilized as a revolving account for the purpose that the
funds were originally appropriated. Appropriations for loans and
administrative costs incurred by the corporation are to be provided in
annual amounts, recommended by the Commission on Higher
Education, to the State Treasurer for use by the corporation. The
select committee shall review the loan program annually and report
to the General Assembly.;
(l)(k) for special education in the area of vision,
adopt program approval standards for initial certification and amend
the approved program of specific course requirements for adding
certification so that students receive appropriate training and can
demonstrate competence in reading and writing
braille.;
(m)(l) adopt program approval standards so that
beginning with the 1991-92 school year students, who
are pursuing a program in a college or university in this State which
leads to certification as instructional or administrative
personnel, shall complete successfully training and teacher
development experiences in teaching higher order thinking
skills.;
(n)(m) adopt program approval standards so that
beginning with the 1991-92 school year, programs in a
college or university in this State which lead to certification as
administrative personnel, must include training in methods of
making school improvement councils an active and effective force in
improving schools.;
(o)(n) the Commission on Higher Education in
consultation with the State Department of Education and the staff of
the South Carolina Student Loan Corporation, shall develop a
Governor's Teaching Scholarship Loan Program to provide talented
and qualified state residents loans not to exceed five thousand dollars
a year to attend public or private colleges and universities for the
purpose of becoming certified teachers employed in the public
schools of this State. The recipient of a loan is entitled to have up to
one hundred percent of the amount of the loan plus the interest on the
loan canceled if he becomes certified and teaches in the public
schools of this State for at least five years. The loan is canceled at the
rate of twenty percent of the total principal amount of the loan plus
interest on the unpaid balance for each complete year of teaching
service in a public school. However, beginning July 1, 1990, the loan
is canceled at the rate of thirty-three and one-third percent of the total
principal amount of the loan plus interest on the unpaid balance for
each complete year of teaching service in both an academic critical
need area and a geographic need area as defined annually by the State
Board of Education. In case of failure to make a scheduled repayment
of any installment, failure to apply for cancellation or deferment of
the loan on time, or noncompliance by a borrower with the purpose
of the loan, the entire unpaid indebtedness plus interest is, at the
option of the commission, immediately due and payable. The
recipient shall execute the necessary legal documents to reflect his
obligation and the terms and conditions of the loan. The loan program
must be administered by the South Carolina Student Loan
Corporation. Funds generated from repayments to the loan program
must be retained in a separate account and utilized as a revolving
account for the purpose of making additional loans. Appropriations
for loans and administrative costs must come from the Education
Improvement Act of 1984 Fund, on the recommendation of the
Commission on Higher Education to the State Treasurer, for use by
the corporation. The select committee shall review this scholarship
loan program annually and report its findings and recommendations
to the General Assembly. For purposes of this item, a 'talented and
qualified state resident' includes freshmen students who graduate in
the top ten percentile of their high school class, or who receive a
combined verbal plus mathematics Scholastic Aptitude Test score of
at least eleven hundred and enrolled students who have completed
one year (two semesters or the equivalent) of collegiate work and
who have earned a cumulative grade point average of at least 3.5 on
a 4.0 scale. To remain eligible for the loan while in college, the
student must maintain at least a 3.0 grade point average on a 4.0
scale."
SECTION 3. Section 59-26-30 of the 1976 Code, as last amended
by Section 13, Part II, Act 194 of 1989, is further amended to read:
"Section 59-26-30. The State Board of Education shall:
(a) Establish a special project under the director
who is employed by the Educator Improvement Task Force. Such
employees and consultants may be employed by the director as he
deems necessary to fulfill the mandates of this chapter. The salary
and expenses of the director and other personnel shall be paid out of
appropriations for the Department of Education. In considering
employment of a director and other personnel, first consideration
should be given to persons who have been involved in areas of the
testing of teacher and prospective teacher competencies and
identification and evaluation of teacher competencies.
(b) Delegate responsibilities to the director that
shall include but not be limited to:
(1) Development of selection of a basic skills
examination in reading, writing and mathematics that is suitable for
determining whether students should be fully admitted into an
undergraduate teacher education program. The examination shall be
designed so that results can be reported in a form that will provide the
colleges, universities and student with specific information about his
strengths and weaknesses. Procedures, test questions and information
from existing examinations shall be used to the maximum extent in
the development of the examination. The examination shall be
validated in accordance with current legal requirements. The passing
score on the examination shall be set at a level that reflects the degree
of competency in the basic skills that, in the judgment of the State
Board and Task Force, a prospective school teacher reasonably
should be expected to achieve.
(2) Development or selection of South Carolina
Teaching Examinations that can measure the cognitive teaching area
competencies desired for initial job assignments in typical elementary
and secondary schools in this State. The examinations shall contain
a minimum amount of common or general knowledge questions.
They shall be designed so that results can be reported in a form that
will provide a student with specific information about his strengths
and weaknesses. Procedures, test questions and information from
existing examinations and lists of validated teacher competencies
shall be used to the maximum extent in the development of the
examinations. An examination that is completely developed by an
organization other than the special project may be considered for use
as a whole only if the project director and a majority of the members
of the Educator Improvement Task Force conclude that the
development and maintenance of a specific area test is impractical or
would necessitate exorbitant expenses. The examinations shall be
validated and ready for use as soon as practical but not later than July
1, 1982. The teaching examinations shall be developed or selected
only for those areas in which area examinations of the National
Teacher Examinations are not available.
(3) Develop an observational instrument to be
used by the local school district to evaluate a teacher during his
provisional year of teaching in that form that the results of the
evaluation can be used to inform a teacher of his strengths and
weaknesses. The State Board of Education shall cause the instrument
to be adapted by not later than the beginning of the 1993-94 school
year to require specific performance demonstrations of teaching
higher order thinking skills in those subject areas and contexts where
the use of these skills is determined to be appropriate.
Demonstrations of teaching higher order thinking skills may not be
excluded as inappropriate for a subject area or context only on the
basis that the students with whom the demonstrations are to be made
are at risk of school failure. The instrument including the additional
observation statements for teaching higher order thinking skills must
be validated in accordance with current legal requirements.
(4) Report at least once each month to the
Educator Improvement Task Force and provide advice and assistance
to the Task Force when it is requested.
(5) Submit all major questions to the Task Force
for a decision on each question. When it is impractical to submit a
question to the entire Task Force, the director shall consult with the
chairman who may provide guidance in the matter.
(6) Develop a training program for observer
reliability in using the instrument developed in subsection (b)(3) and
develop policies and procedures to insure that all observers who use
the instrument have had the reliability training prior to use of the
evaluation instrument.
(7) Develop an evaluation instrument to be used
by colleges and universities to evaluate all student teachers. The
instrument must be developed on the basis of acceptable criteria for
teaching effectiveness. The instrument must be designed to provide
feedback and assistance to the student teacher regarding any
identified deficiencies. Not later than the beginning of the 1993-94
school year, the State Board of Education shall adapt the instrument
to include observation statements for teaching of higher order
thinking skills in those subject areas and contexts where the use of
these skills is determined to be appropriate. Demonstrations of
teaching higher order thinking skills may not be excluded as
inappropriate for a subject area or context only on the basis that the
students with whom the demonstrations are to be made are at risk of
school failure.
(c) Cause the basic skills examination, the teacher
evaluation instrument and the teaching examinations to be
administered on or before July 1, 1982.
(d) Report the results of the teaching examinations
to the student in such form that he will be provided specific
information about his strengths and weaknesses. Every effort shall be
made to report the results of the area examinations and common
examinations to the student in such a form that he will be provided
specific information about his strengths and weaknesses.
(e) Report to each teacher training institution in
the State the performance of the institution's graduates on the
teaching examinations. The report to the institution shall be in a form
that will assist the institution in further identifying strengths and
weaknesses in its teacher training programs.
(f) Award a teaching certificate to any person who
successfully completes the scholastic requirements for teaching at an
approved college or university and the examination he is required to
take for certification purposes.
(g)(1) Establish procedures whereby all persons
who teach with provisional contracts shall receive special assistance
in carrying out their duties.
(2) Establish a staff development program for
persons who teach with provisional contracts.
(3) Establish a procedure whereby each
provisional teacher shall be evaluated at least three times each by a
representative of the school district. The evaluation instrument to be
used shall be the one developed in accordance with this section. All
observers who use the instrument shall receive reliability training
under the program developed in accordance with this section.
(h) Establish criteria for an acceptable evaluation
instrument to be used by school districts to evaluate persons who are
teaching under annual and continuing contracts.
(i) From the effective date of this chapter, use the
specific teaching area examinations of the National Teacher
Examinations for certification purposes. The qualifying scores on the
area examinations shall be set at the same level at which they are
now set. The qualifying scores may be adjusted if new legal
requirements or validity studies indicate such adjustments are
necessary.
(1) In an area in which an area teaching
examination of the National Teacher Examinations is not available,
use the teaching examinations developed in accordance with this
section for certification purposes as soon as those examinations are
prepared, validated and ready for use.
(2) From the effective date of this chapter until
July 1, 1981, or as soon as the teaching examinations are prepared
and validated, use the Common Examinations of the National
Teacher Examination for certification in those areas in which area
teaching examinations of the National Teacher Examinations are not
available. The qualifying score on the common examinations shall be
set at the same level at which it is now set. The qualifying score may
be adjusted if new legal requirements or validity studies indicate such
adjustments are necessary.
(3) From the effective date of this act until July
1, 1982, or as soon as the teaching examinations are prepared and
validated, use the Common Examinations of the National Teacher
Examination for certification in those areas in which area teaching
examinations of the National Teacher Examinations are not available.
The qualifying score on the common examinations shall be set at the
same level at which it is now set. The qualifying score may be
adjusted if new legal requirements or validity studies indicate such
adjustments are necessary.
(j) Establish procedures whereby each school
district shall evaluate periodically in the classroom all certified
personnel whose duties include teaching in the classroom. The
evaluation instrument to be used in the evaluations must be one that
at least meets the criteria established by the State Board of Education
as an acceptable instrument. By the beginning of the 1995-96 school
year, the State Board of Education shall include in its criteria for an
acceptable instrument a requirement that the instrument evaluate
teaching higher order thinking skills and problem solving in those
subject areas and contexts where the use of these skills is determined
to be appropriate. Demonstrations of teaching higher order thinking
skills may not be excluded as inappropriate for a subject area or
context only on the basis that the students with whom the
demonstrations are to be made are at risk of school failure. School
districts shall give the results of a teacher's evaluation in writing to
the teacher and counsel him concerning his strengths and weaknesses
as a teacher. School districts shall use deficiencies identified by the
evaluations as a guide to the establishment of individual or group
staff development programs.
(k) Establish and promulgate regulations and
procedures whereby course credits that may be applied to the
recertification requirements of all public school teachers are earned
in courses that are relevant to the area in which the teacher is
recertified.
(l) Provide appropriate office space, equipment
and supplies to the Educator Improvement Task Force.
(m) Provide for the security and integrity of the
tests that are administered under the certification program as
currently provided by the State Department of Education.
(n) The special project created by this section shall
terminate July 1, 1982, and may not be extended except by a vote of
two-thirds of the members of the House present and voting and
two-thirds of the members of the Senate present and voting. If any
of the implementation dates set forth in this chapter are extended by
the General Assembly, the termination date of the special project may
be extended for the same length of time by a majority vote of the
members of the House and a majority vote of the members of the
Senate.
(o) Award a conditional teaching certificate to any
person eligible to hold a teaching certificate who does not qualify for
full certification under Item (f) of Section 59-26-30 provided the
person has earned a bachelor's degree from an accredited college or
university with a major in a certification area for which the Board has
determined there exists a critical shortage of teachers and the person
has passed the appropriate teaching examination. The Board may
renew a conditional teaching certificate annually for a maximum of
three years, if the holder of the certificate shows satisfactory progress
toward completion of a teacher certification program prescribed by
the Board. In part, satisfactory progress shall be such progress that
the holder of a conditional certificate should complete the
requirements for full certification within three years of being
conditionally certified.
(p) Any person issued a Warrant or Temporary
teaching certificate prior to July 1, 1984, who teaches for a period of
three years and is recommended for full certification by his most
recent school district employer is exempt from all practice teaching
requirements.
(A) In the area of cognitive assessments for teachers and
teacher certification, the State Board of Education, acting through the
State Department of Education, shall:
(1) adopt a basic skills examination in reading, writing, and
mathematics that is suitable for determining whether students may be
admitted fully into an undergraduate teacher education program. The
examination must be designed so that results are reported in a form
that shall provide colleges, universities, and students with specific
information about his strengths and weaknesses. Procedures, test
questions, and information from existing examinations must be
validated in accordance with current legal requirements. The passing
score on the examination shall be set at a level that reflects the degree
of competency in the basic skills that, in the judgment of the State
Board of Education, a prospective school teacher reasonably is
expected to achieve;
(2) adopt South Carolina teaching examinations that measure
the cognitive teaching area competencies desired for initial job
assignments in typical elementary and secondary schools in this
State. The examinations shall contain a minimum amount of common
or general knowledge questions. They shall be designed so that
results are reported in a form that provide a student with specific
information about the student's strengths and weaknesses.
Procedures, test questions, and information from existing
examinations and lists of validated teacher competencies are used to
the maximum extent in the development of the examinations. An
examination that is completely developed by an organization other
than the special project may be considered for use as a whole only if
the State Board of Education concludes that the development and
maintenance of a specific area test is impractical or would necessitate
exorbitant expenses. The examinations must be validated. The
teaching examinations must be developed or selected only for those
areas in which State Board of Education approved area examinations
are not available;
(3) use the specific teaching area examinations approved by
the State Board of Education for certification purposes. The
qualifying scores on the area examinations shall be set at the same
level at which they are now set. The qualifying scores may be
adjusted if new legal requirements or validity studies indicate the
adjustments are necessary. In an area in which an area teaching
examination approved by the State Board of Education is not
available, the state board shall use the teaching examinations
developed in accordance with this section for certification purposes
as soon as those examinations are prepared, validated, and ready for
use.
(4) report the results of the teaching examinations to the
student in written form that provides specific information about the
student's strengths and weaknesses. Every effort must be made to
report the results of the area examinations and common examinations
in written form that provides specific information about the student's
strengths and weaknesses.
(5) report to each teacher training institution in the State the
performance of the institution's graduates on the teaching
examinations. The report to the institution must be in a form that
assists the institution in further identifying strengths and weaknesses
in its teacher training programs.
(6) provide for the security and integrity of the tests that are
administered under the certification program as currently provided by
the State Department of Education.
(7) award a teaching certificate to a person who successfully
completes the scholastic requirements for teaching at an approved
college or university and the examination he is required to take for
certification purposes;
(8) award a conditional teaching certificate to a person
eligible to hold a teaching certificate who does not qualify for full
certification under item (7) above provided the person has earned a
bachelor's degree from an accredited college or university with a
major in a certification area for which the board has determined there
exists a critical shortage of teachers, and the person has passed the
appropriate teaching examination. The board may renew a
conditional teaching certificate annually for a maximum of three
years, if the holder of the certificate shows satisfactory progress
toward completion of a teacher certification program prescribed by
the board. In part, satisfactory progress is the progress that the holder
of a conditional certificate should complete the requirements for full
certification within three years of being conditionally certified;
(9) promulgate regulations and procedures whereby course
credits that may be applied to the recertification requirements of all
public school teachers are earned in courses that are relevant to the
area in which the teacher is recertified.
(B) For purposes of assisting, developing, and evaluating
professional teaching, the State Board of Education, acting through
the State Department of Education shall:
(1) adopt a set of state standards for teaching effectiveness
which shall serve as a foundation for all processes used for assisting,
developing, and evaluating student teachers, as well as teachers
employed under provisional, annual, or continuing contracts;
(2) promulgate regulations to be used by colleges and
universities no later than the 1998-99 school year for evaluating and
assisting student teachers. Evaluation and assistance programs
developed or adopted by colleges or universities shall include
appropriate training for all personnel involved in the process.
Student teachers shall be provided with guidance and assistance
throughout the student teaching assignment, as well as provided with
formal written feedback on their performance with respect to state
standards for teaching effectiveness;
(3) promulgate regulations to be used by local school districts
no later than the 1998-99 school year for providing formalized
induction programs for teachers employed under provisional
contracts. Induction programs developed or adopted by school
districts shall provide teachers with comprehensive guidance and
assistance throughout the school year, as well as provide teachers
with formal written feedback on their strengths and weaknesses
relative to all state standards for teaching effectiveness;
(4) promulgate regulations to be used by local school districts
no later than the 1998-99 school year for conducting formal
evaluations of teachers employed under annual contracts. Formal
evaluation processes developed or adopted by school districts shall
address legal and technical requirements for teacher evaluation and
shall assess typical teaching performance relative to all state
standards for teaching effectiveness. Evaluation results must be
provided in writing and appropriate assistance must be provided
when weaknesses in performance are identified;
(5) promulgate regulations to be used by local school districts
no later than the 1998-99 school year for conducting evaluations of
teachers employed under continuing contracts. Continuing contract
teachers must be evaluated at least once every three years. At the
discretion of the local school district, evaluations for individual
teachers may be formal or informal. Formal evaluation processes
developed or adopted by school districts shall address legal and
technical requirements for teacher evaluation and shall assess typical
teaching performance relative to all state standards for teaching
effectiveness. Evaluation results must be provided in writing and
appropriate assistance must be provided when weaknesses in
performance are identified. Informal evaluations shall be conducted
with a goals-based process which requires teachers to accomplish
individualized professional development goals. Goals shall be
established by the teacher, in consultation with a building
administrator and shall be supportive of district strategic plans and
school renewal plans;
(6) promulgate regulations so that, beginning with the 1998-99
school year, all college, university, and school district strategies,
programs, and processes for assisting, developing, and evaluating
teachers pursuant to this section, must be approved by the State
Board of Education. Regulations also shall establish procedures for
conducting periodic quality reviews of local implementation efforts;
(7) promulgate regulations which establish procedures for the
State Department of Education to provide colleges, universities, and
school districts with ongoing technical assistance for assisting,
developing, and evaluating teachers pursuant to this section;
(8) promulgate regulations and procedures so that, beginning
with the 1998-99 school year or until such time as regulations
required by this section become effective and, thereafter, school
districts shall report to the State Department of Education teacher
evaluation results and teaching contract decisions on an annual basis.
The State Department of education shall maintain this information
and make it available to colleges, universities, and school districts
upon request ;
(9) beginning with the 1997-98 school year, the Assessments of
Performance in Teaching (APT) shall no longer be used to evaluate
student teachers. Until such time as regulations pursuant to this
section become effective, colleges and universities shall evaluate and
assist student teachers in accordance with State Board of Education
guidelines; and.
(10) during the 1997-98 school year, the APT shall no
longer be required for evaluating provisional contract teachers.
During this year, if school districts are ready to implement a formal
induction program for provisional contract teachers, as required by
this section, they may do so. If school districts are not ready to
implement such a program, they must progress toward developing or
adopting a program to be implemented beginning with the 1998-99
school year. In this circumstance, school districts may use the APT.
Beginning with the 1998-99 school year, no school district shall use
the APT for evaluating provisional contract teachers. Until such time
as regulations pursuant to this section become effective, school
district strategies, programs, and processes for assisting, developing,
and evaluating teachers shall be developed, adopted, and
implemented in accordance with State Board of Education
guidelines."
SECTION 4. Section 59-26-40 of the 1976 Code is amended to
read:
"Section 59-26-40. A person who receives a teaching
certificate as provided in Section 59-26-30 may be employed by any
school district under a nonrenewable provisional contract. All school
districts shall comply with procedures and requirements promulgated
by the Board of Education relating to aid, supervision, and evaluation
of persons teaching under a provisional contract. All teachers
working under a provisional contract must be paid at least the
beginning salary on the state minimum salary schedule.
Each school district shall use the evaluation instrument
developed in accordance with Section 59-26-30 to observe all
provisional teachers at least three times. The results of the
observations must be compiled to constitute an evaluation and must
be provided to the teacher in writing. Each school district shall give
provisional teachers appropriate advice and assistance to help remedy
any deficiencies that are detected by the three required observations.
The advice and assistance includes, but is not limited to, state
procedures and programs developed in accordance with Section
59-26-30. Following this remediation, those teachers who do not
initially perform at the level required by the evaluation instrument
must be observed three more times and the results of the observations
must be compiled to constitute a second evaluation.
At the end of a one-year provisional contract period, the
evaluation must be reviewed by the school district to determine if the
provisional teacher has performed at the level required by the
evaluation instrument. If the evaluation indicates that the provisional
teacher has performed in an adequate manner, the teacher is eligible
for an annual contract. If the evaluation indicates that the provisional
teacher is deficient in teaching ability, the school district may employ
the teacher for an additional year under a provisional contract or the
district may terminate his employment. If employment is terminated,
another school district may employ him under a new one-year
provisional contract. No person may be employed as a provisional
teacher for more than two years. This paragraph does not preclude his
employment under an emergency certificate in extraordinary
circumstances if the employment is approved by the State Board of
Education. During the one-year provisional contract period the
employment dismissal provisions of Article 3, Chapter 19, and
Article 5, Chapter 25, of Title 59 of the 1976 Code do not apply.
After successful completion of the one-year provisional
period, a teacher who is fully certified may be employed by any
school district under a one-year annual contract. The decision by the
school district to continue a teacher's employment beyond an annual
contract must be based on written evaluations conducted at least two
times annually using an evaluation instrument that at least meets the
criteria established by the State Board of Education for an acceptable
instrument. Evaluators shall complete a program of reliability
training. School districts shall give the results of a teacher's
evaluation in writing to the teacher and counsel him concerning his
strengths and weaknesses as a teacher. School districts shall use
deficiencies identified by the evaluations of teachers on annual
contracts as a guide to the establishment of staff development
programs.
A teacher may be employed for a maximum of two years
under annual contracts. This paragraph does not preclude his
employment under an emergency certificate in extraordinary
circumstances if the employment is approved by the State Board of
Education.
The teacher failing to receive the annual or continuing
contract must not be employed as a classroom teacher in any public
school in this State for a minimum of two years. Prior to reentry as a
provisional or annual contract teacher, he must complete six units of
credit for certificate renewal and six units of credit for remediation in
areas of identified deficiencies. The teacher shall reenter at the
contract level which he had attained before dismissal and continue
toward the next contract level. The provisions of this paragraph
granting an opportunity for reentry into the profession are available
to a teacher once, and only once.
A person who receives a conditional teaching certificate as
provided in Section 59-26-30 may be employed by a school district
under a provisional contract or an annual contract in accordance with
the provisions of this section. The holder of a conditional teaching
certificate must be employed to teach at least a majority of his
instructional time in the subject area for which he has received
conditional certification.
After the successful completion of a provisional year and
one annual contract, a teacher shall receive a continuing contract and
have full procedural rights that currently exist under law relating to
employment and dismissal. The provisions of Article 5, Chapter 25,
of Title 59 of the 1976 Code and Article 3, Chapter 19, of Title 59 do
not apply to teachers working under one-year annual contracts.
Teachers working under a one-year annual contract who are not
recommended for reemployment at the end of the year may have an
informal hearing before the district superintendent. The
superintendent shall schedule the hearing no sooner than seven nor
later than thirty working days after he receives a request from the
teacher for a hearing. At the hearing all of the evidence must be
reviewed by the superintendent. The teacher may provide such
information, testimony, or witnesses as the teacher considers
necessary. The decision by the superintendent must be given in
writing within twenty days of the hearing. The teacher may appeal
the superintendent's decision to the school district board of trustees.
Any appeal shall include a brief statement (1) of the questions to be
presented to the board, and (2) wherein the teacher believes the
superintendent to have erred in his judgment. Failure to file such an
appeal with the board within ten days of the receipt of the
superintendent's decision shall cause the decision of the
superintendent to become final judgment in the matter. The board of
trustees shall review all the materials presented at the earlier hearing
and, after examining these materials, the board may or may not grant
the request for a board hearing of the matter. Written notice of the
board's decision on whether or not to grant the request must be
rendered within thirty-five calendar days of the receipt of the request.
If the board determines that hearing by the board is warranted, the
teacher must be given written notice of the time and place of the
hearing which must be set not sooner than seven nor later than fifteen
days from the time of the board's determination to hear the matter.
The decision of the board is final.
If a person has completed an approved teacher training
program at a college or university outside this State and has no
teaching experience, he must have the same status as a person who
has completed such program at a college or university in this State.
If a person has completed an approved teacher training program at a
college or university in this State, has passed the examination he is
required to take for certification purposes, and has one year of
teaching experience, he may be employed by a school district as a
provisional teacher. If a person has completed an approved teacher
training program at a college or university outside this State, has
passed the examination he is required to take for certification
purposes, and has more than one year of teaching experience, he may
be employed by a school district as one who has completed the
one-year provisional period.
When a teacher has been awarded a continuing contract in
one district of the State the continuing status is transferable to any
other district in the State where the teacher is employed.
Teachers certified under the trades and industrial education
certification process are exempt from the provisions of the South
Carolina Education Improvement Act of 1984 which require the
completion of scholastic requirements for teaching at an approved
college or university and a provisional contract period. The teachers
may be employed by a school district for a maximum of five years
under annual contracts prior to being employed under a continuing
contract. Before being employed under a continuing contract these
teachers shall pass the Basic Skills Examination developed in
accordance with Section 59-26-30(b)(1) the state approved skill
examination in their area which is currently required, the teaching
examination developed in accordance with Section 59-26-30(b)(2),
and successfully complete the performance evaluations as required
for all teachers who are employed under provisional contracts.
Certification renewal requirements for such teachers are those which
are promulgated by the State Board of Education.
Prior to the initial employment of a teacher, the local
school district shall request a criminal record history from the South
Carolina Law-Enforcement Division for past convictions of any
crime listed in Chapter 3 of Title 16, Offenses Against the Person,
any crime listed in Chapter 15 of Title 16, Offenses Against Morality
and Decency, and for the crime of contributing to the delinquency of
a minor, contained in Section 16-17-490.
(A) A person who receives a teaching certificate as provided
in Section 59-26-30 may be employed by a school district under a
nonrenewable provisional contract. All school districts shall comply
with procedures and requirements promulgated by the State Board of
Education relating to aid, supervision, and evaluation of persons
teaching under a provisional contract. All teachers working under a
provisional contract must be paid at least the beginning salary on the
state minimum salary schedule.
(B) Each school district shall provide teachers employed under
provisional contracts with a formalized induction program developed
or adopted in accordance with State Board of Education regulations.
(C) At the end of the one-year provisional contract period, a
teacher shall become eligible for employment at the annual contract
level. At the discretion of the local school district in which the
provisional teacher was employed, the district may employ the
teacher under a one-year annual contract or the district may terminate
his employment. If employment is terminated, the teacher may seek
employment in another school district at the annual contract level.
No person may be employed as a provisional teacher for more than
one year. This subsection does not preclude his employment under
an emergency certificate in extraordinary circumstances if the
employment is approved by the State Board of Education. During the
one-year provisional contract period the employment dismissal
provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of this
title do not apply.
(D) Typically, teachers will be employed under annual contracts
for two years. Both years are not required to be in the same school
district. Annual contract teachers must be evaluated and assisted with
a process developed or adopted by the local school district in
accordance with State Board of Education regulations. Teachers
employed under a second annual contract must also complete an
individualized professional growth plan established by the school or
district. Professional growth plans shall be supportive of district
strategic plans and school renewal plans.
(E) At the end of a first annual contract year, a school district may
terminate a teacher's employment, reemploy a teacher under a second
annual contract, or reemploy a teacher under a continuing contract.
A teacher shall move to a continuing contract after one annual
contract only if, in the opinion of the school district, a teacher's
performance during the first annual contract year was sufficiently
high to warrant skipping the second annual-contract year. If
employment is terminated after the first annual contract, the teacher
may seek employment in another school district under a second
annual contract.
(F) At the end of a second annual contract year, if a teacher has
successfully completed the evaluation process and the professional
growth plan, the teacher becomes eligible for employment at the
continuing contract level. At the discretion of the school district in
which the teacher was employed, the district may employ the teacher
under a continuing contract or terminate his employment. If
employment is terminated, the teacher may seek employment in
another school district at the continuing contract level. If at the end
of the second annual contract year a teacher did not successfully
complete the evaluation process or the professional growth plan, the
teacher may not be employed as a classroom teacher in any public
school in this State for a minimum of two years. Prior to reentry as an
annual contract teacher, he must complete six units of credit for
certificate renewal and six units of credit for remediation in areas of
identified deficiencies. Upon completion of these requirements, the
teacher is eligible for employment under annual contracts for up to
two additional years to continue toward the next contract level. The
provisions of this subsection granting an opportunity for reentry into
the profession are available to a teacher only once. This subsection
does not preclude the teacher's employment under an emergency
certificate in extraordinary circumstances if the employment is
approved by the State Board of Education.
(G) During the annual contract period the employment dismissal
provisions of Article 3, Chapter 19, and Article 5, Chapter 25 of this
title do not apply. Teachers working under a one-year annual
contract who are not recommended for reemployment at the end of
the year may have an informal hearing before the district
superintendent. The superintendent shall schedule the hearing no
sooner than seven nor later than thirty working days after he receives
a request from the teacher for a hearing. At the hearing all of the
evidence must be reviewed by the superintendent. The teacher may
provide such information, testimony, or witnesses as the teacher
considers necessary. The decision by the superintendent must be
given in writing within twenty days of the hearing. The teacher may
appeal the superintendent's decision to the school district board of
trustees.
An appeal shall include:
(1) a brief statement of the questions to be presented to the
board and
(2) a brief statement in which the teacher states his belief about
how the superintendent erred in his judgment.
Failure to file an appeal with the board within ten days of the
receipt of the superintendent's decision shall cause the decision of the
superintendent to become the final judgment in the matter. The board
of trustees shall review all the materials presented at the earlier
hearing, and after examining these materials, the board may or may
not grant the request for a board hearing of the matter. Written notice
of the board's decision on whether or not to grant the request must be
rendered within thirty-five calendar days of the receipt of the request.
If the board determines that a hearing by the board is warranted, the
teacher must be given written notice of the time and place of the
hearing which must be set not sooner than seven nor later than fifteen
days from the time of the board's determination to hear the matter.
The decision of the board is final.
(H) A person who receives a conditional teaching certificate as
provided in Section 59-26-30 may be employed by a school district
under a provisional contract or an annual contract in accordance with
the provisions of this section. The holder of a conditional teaching
certificate must be employed to teach at least a majority of his
instructional time in the subject area for which he has received
conditional certification.
(I) After successfully completing a provisional contract year, and
an annual contract period, a teacher shall become eligible for
employment at the continuing contract level. This contract status is
transferable to any district in this State. Continuing contract teachers
shall have full procedural rights that currently exist under law relating
to employment and dismissal. Teachers employed under continuing
contracts shall be evaluated at least once every three years. At the
discretion of the local district and based on an individual teacher's
needs and past performance, the evaluation may be formal or
informal. Formal evaluations shall be conducted with a process
developed or adopted by the local district in accordance with State
Board of Education regulations. The formal process shall also
include an individualized professional growth plan established by the
school or district. Professional growth plans shall be supportive of
district strategic plans and school renewal plans. Informal
evaluations which should be conducted for accomplished teachers
who have consistently performed at levels required by state
standards, shall be conducted with a goals-based process in
accordance with State Board of Education regulations. The
professional development goals shall be established by the teacher in
consultation with a building administrator and shall be supportive of
district strategic plans and school renewal plans.
(J) If a person has completed an approved teacher training
program at a college or university outside this State, has met all
requirements for certification in this State, and has less than one year
of teaching experience, he may be employed by a school district
under a provisional contract. If he has one or more years of teaching
experience he may be employed by a district under an annual
contract.
(K) Teachers certified under the trades and industrial education
certification process are exempt from the provisions of the South
Carolina Education Improvement Act of 1984 which require the
completion of scholastic requirements for teaching at an approved
college or university. After completing a provisional contract year,
the teachers may be employed for a maximum of four years under
annual contracts to establish their eligibility for employment as
continuing contract teachers. Before being eligible for a continuing
contract, these teachers shall pass a basic skills examination
developed in accordance with Section 59-26-30, a state approved
skill assessment in their area, the teaching examination developed in
accordance with Section 59-26-30, and successfully complete the
performance evaluations as required for all teachers who are
employed under annual contracts. Certification renewal requirements
for such teachers are those which are promulgated by the State Board
of Education.
(L) Before the initial employment of a teacher, the local school
district shall request a criminal record history from the South
Carolina Law Enforcement Division for past convictions of any
crime.
(M) The State Department of Education shall ensure that colleges,
universities, school districts, and schools comply with the provisions
established in this chapter."
SECTION 5. Section 59-26-80 of the 1976 Code is repealed.
SECTION 6. This act takes effect upon approval by the Governor.
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