S*0858(Rat #0589, Act #0482 of 1980)  General Bill, By Land

Similar(H 3741)
 A Bill to amend Act 163 of 1977, as amended, relating to the South Carolina
 Education Finance Program, so as to provide where federal law also requires a
 vocational center or school to maintain an advisory council, one combined
 advisory council shall be established which shall meet the composition
 requirements of state and federal law and which shall perform all duties and
 responsibilities specified by state and federal law, and to extend the time
 that school districts shall have to meet the requirement that eighty-five
 percent of certain funds appropriated for and generated by children in the
 public classification of "speech handicapped pupils" must be expended in
 direct or indirect aid of the programs planned to serve such children; and to
 make certain provisions relating to the education and placement of handicapped
 children and to provide that duly appointed hearing officers of local school
 districts and other state operated programs shall have subpoena powers
 consistent with Public Law 94-142.-at

   02/13/80  Senate Introduced and read first time SJ-4
   02/13/80  Senate Referred to Committee on Education SJ-4
   03/20/80  Senate Committee report: Favorable with amendment
                     Education SJ-18
   03/26/80  Senate Amended SJ-16
   03/26/80  Senate Read second time SJ-16
   04/10/80  Senate Read third time and sent to House SJ-17
   04/15/80  House  Introduced and read first time HJ-2065
   04/15/80  House  Referred to Committee on Education and Public
                     Works HJ-2065
   05/20/80  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-2923
   05/27/80  House  Amended HJ-3202
   05/27/80  House  Read second time HJ-3202
   05/28/80  House   READ THIRD TIME HJ-3237
   05/28/80  House  Returned HJ-3237
   06/03/80  Senate House amendment amended SJ-5
   06/03/80  Senate Returned SJ-5
   06/04/80  House  Debate adjourned HJ-3576
   06/04/80  House  Reconsidered HJ-3591
   06/04/80  House  Concurred in Senate amendment and enrolled HJ-3591
   06/05/80  Senate Ratified R 589 SJ-85
   06/11/80         Signed By Governor
   06/11/80         Effective date 06/11/80
   06/11/80         Act No. 482
   06/27/80         Copies available

AN ACT TO AMEND ACT 163 OF 1977, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE PROGRAM, SO AS TO PROVIDE WHERE FEDERAL LAW ALSO REQUIRES A VOCATIONAL CENTER OR SCHOOL TO MAINTAIN AN ADVISORY COUNCIL, ONE COMBINED ADVISORY COUNCIL SHALL BE ESTABLISHED WHICH SHALL MEET THE COMPOSITION REQUIREMENTS OF STATE AND FEDERAL LAW AND WHICH SHALL PERFORM ALL DUTIES AND RESPONSIBILITIES SPECIFIED BY STATE AND FEDERAL LAW, AND TO EXTEND THE TIME THAT SCHOOL DISTRICTS SHALL HAVE TO MEET THE REQUIREMENT THAT EIGHTY-FIVE PERCENT OF CERTAIN FUNDS APPROPRIATED FOR AND GENERATED BY CHILDREN IN THE PUPIL CLASSIFICATION OF "SPEECH HANDICAPPED PUPILS" MUST BE EXPENDED IN DIRECT OR INDIRECT AID OF THE PROGRAMS PLANNED TO SERVE SUCH CHILDREN; AND TO MAKE CERTAIN PROVISIONS RELATING TO THE EDUCATION AND PLACEMENT OF HANDICAPPED CHILDREN AND TO PROVIDE THAT DULY APPOINTED HEARING OFFICERS OF LOCAL SCHOOL DISTRICTS AND OTHER STATE OPERATED PROGRAMS SHALL HAVE SUBPOENA POWERS CONSISTENT WITH PUBLIC LAW 94-142.

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

Combined advisory council established

Section 1. Item (b) of subsection (3) of Section 6 of Act 163 of 1977, as amended by Section 18 of Part II of Act 199 of 1979, is further amended by adding at the end: "Notwithstanding the above provisions of this item and where federal law requires a vocational center or vocational school to maintain an advisory council, one combined advisory council shall be established. The combined advisory council shall meet all composition requirements of state law and federal law and regulations, and shall perform all duties and fulfill all responsibilities as specified under state law and federal law and regulations relating to such advisory councils." The item when amended shall read:

"(b) recommending needed programmatic improvements in each pupil classification for the ensuing years. This report shall present an explicit statement of the needs of the students, shall define specific goals and objectives and propose an identifiable strategy for priorities in the expenditure of funds to achieve the stated objectives. The full report and a summary report from each school in the district shall be completed in a format approved by the State Board of Education and shall be submitted to the school district board of trustees no later than March of each year and upon approval by the board the summary report shall be distributed to the parents of the children enrolled in the school no later than the first week of the ensuing school year. Each school board of trustees shall establish an advisory council at each school in the district composed of at least two parents, elected by the parents of the children enrolled in the school; at least two teachers, elected by the faculty; at least two students in schools with grades 9 and above elected by the students; other representatives of the community and persons selected by the principal; provided, however, that the elected members of the committee shall comprise at least a two-thirds majority of the membership of the committee. These councils shall be constituted in each school no later than January 1, 1978. Each council shall assist in the preparation of the annual school report required in this section and shall provide such assistance as the principal may request as well as carrying out any other duties prescribed by the local school board. The local school board shall make provisions to allow any council to file a separate report to the local school board if the council deems it necessary. However, no council shall have any of the powers and duties reserved by law or regulation to the local school board. Notwithstanding the above provisions of this item and where federal law requires a vocational center or vocational school to maintain an advisory council, one combined advisory council shall be established. The combined advisory council shall meet all composition requirements of state law and federal law and regulations, and shall perform all duties and fulfill all responsibilities as specified under state law and federal law and regulations relating to such advisory councils."

Programs for handicapped children

Section 2. Notwithstanding any other provision of law:

A. All school districts providing educational services to children admitted or committed to residential institutions of the Department of Mental Health are authorized to count children admitted or committed to residential institutions of the Department of Mental Health from the first day of residency in such institutions provided that the first day is within the particular district's school year. The inclusion of these children is for the purpose of participation in the districts' educational programs for handicapped children supported under the Education Finance Act of South Carolina.

B. Duly appointed hearing officers of local school districts and other state operated programs shall have the power of subpoena consistent with the requirements and regulations of Public Law 94-142.

C. Regarding handicapped children placed in alternative programs for noneducational reasons:

(1) No agency of the State shall place handicapped children of lawful school age in residential, institutional or foster home settings without insuring that such children shall have available to them a free and appropriate public education in conformance with the provisions of Public Law 94-142.

(2) In placing children determined to be handicapped by State Board of Education regulations, state agencies must procure, except in emergency situations, advance approval by the State Department of Education. The Department shall insure that an appropriate Individual Education Plan shall be developed by the pupil's home school district and that the proposed educational placement meets all the provisions of Public Law 94-142.

D. Regarding handicapped children placed in other programs for educational reasons, when local school districts must place handicapped children of lawful school age in programs external to the child's home district for educational reasons, the district making the placement shall insure that such placement shall be at no cost to parent or child including room, board, education and related services and nonmedical care.

Expenditure of funds

Section 3. Subsection (3) of Section 5 of Act 163 of 1977, as last amended by Section 28, Part II, of Act 644 of 1978, is further amended by striking "1978-79 school year" on the third from the last line and inserting "1978-79, 1979-80 and 1980-81 school years". The subsection when amended shall read:

"(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. Provided, however, that during the 1978-79, 1979-80 and 1980-81 school years, this requirement will not apply to the funds generated by children in the pupil classification 'speech handicapped pupils'."

Time effective

Section 4. This act shall take effect upon approval by the Governor.