S*1117 Session 111 (1995-1996)
S*1117(Rat #0531, Act #0463 of 1996) General Bill, By Senate Education
Similar(S 995)
A Bill to amend Title 59, Code of Laws of South Carolina, 1976, relating to
education, by adding Chapter 144 so as to provide for the manner, conditions,
and procedures under which funds available from the Children's Education
Endowment fund shall be used for public school facilities assistance.-amended
title
02/08/96 Senate Introduced, read first time, placed on calendar
without reference SJ-5
02/13/96 Senate Debate adjourned SJ-22
02/20/96 Senate Debate adjourned SJ-14
02/21/96 Senate Amended SJ-18
02/21/96 Senate Read second time SJ-18
02/21/96 Senate Ordered to third reading with notice of
amendments SJ-18
02/27/96 Senate Special order SJ-32
03/14/96 Senate Debate interrupted SJ-17
03/19/96 Senate Amended SJ-16
03/19/96 Senate Debate interrupted SJ-16
03/21/96 Senate Amended SJ-42
03/21/96 Senate Read third time and sent to House SJ-42
03/27/96 House Introduced and read first time HJ-29
03/27/96 House Referred to Committee on Education and Public
Works HJ-29
04/18/96 House Committee report: Favorable with amendment
Education and Public Works HJ-3
04/23/96 House Amended HJ-67
04/23/96 House Read second time HJ-70
04/24/96 House Read third time and returned to Senate with
amendments HJ-19
04/25/96 Senate Non-concurrence in House amendment SJ-8
04/30/96 House House insists upon amendment and conference
committee appointed Reps. Townsend, Stille &
Vaughn HJ-3
05/07/96 Senate Conference committee appointed Sens. Setzler,
Peeler, Hayes SJ-4
06/12/96 House Conference report received and adopted HJ-77
06/12/96 Senate Conference report received and adopted SJ-48
06/12/96 Senate Ordered enrolled for ratification SJ-17
06/26/96 Ratified R 531
07/12/96 Signed By Governor
07/12/96 Effective date 07/12/96
07/23/96 Copies available
07/23/96 Act No. 463
(A463, R531, S1117)
AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING
CHAPTER 144 SO AS TO PROVIDE FOR THE MANNER,
CONDITIONS, AND PROCEDURES UNDER WHICH FUNDS
AVAILABLE FROM THE CHILDREN'S EDUCATION
ENDOWMENT FUND SHALL BE USED FOR PUBLIC SCHOOL
FACILITIES ASSISTANCE.
Be it enacted by the General Assembly of the State of South
Carolina:
Public school facilities assistance
SECTION 1. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 144
Public School Facilities Assistance
Article 1
General Provisions
Section 59-144-10. Funds available from the Children's Education
Endowment Fund, as established in Chapter 143 of this title, must be
used for public school facilities assistance as provided in this chapter.
Section 59-144-20. For the benefit of the people of the State and the
increase of their commerce, welfare, and prosperity, it is essential that the
school districts of this State be assisted in obtaining adequate school
facilities to assist youth in achieving the required levels of learning. It is
the purpose of this chapter to provide a measure of assistance to the
school districts of this State in securing the facilities and structures which
are needed to accomplish the goals and purposes of public education, all
to the public benefit and good, to the extent and manner provided in this
chapter.
Section 59-144-30. Funds made available through this chapter must
be used for permanent school instructional facilities and fixed equipment
including the costs for construction, improvement, enlargement, or
renovation of public school facilities. The district may use its fiscal year
1996-97 allocation for payment of debt service provided that the debt
service relates to school facilities as defined herein. In subsequent years,
after all construction and renovation needs identified in a district's school
facilities improvement plan have been met, the district may request to use
its allocation for payment of debt service provided the debt service
relates to school facilities as defined herein.
As used in this chapter, `school facilities' only includes facilities
necessary for instructional and related purposes including, but not limited
to, classrooms, libraries, media centers, laboratories, cafeterias, physical
education spaces, related interior and exterior facilities, and the conduit,
wiring, and powering of hardware installations for classroom computers
or for area network systems. `School facilities' does not include
unimproved real property, centralized district administration facilities,
portable classrooms, or other facilities, including those normally
identified with interscholastic sports activities. However, for fiscal year
1996-97 only, `school facilities' includes portable classrooms. As used in
this chapter, fixed equipment means a fixture as defined in Section
36-9-313(1)(a).
Section 59-144-40. From annual allotments made to the various
districts, a school district may accumulate its allotments for up to
seventy-two months to meet the facilities' needs identified in its capital
improvement plan.
Article 2
School Facilities Assistance Allocation
Section 59-144-100. (A) Funds made available under this chapter
must be allocated annually to the school districts in the following
manner:
(1) thirty-five percent of the funds allocated annually to the several
school districts for facilities' needs must be allocated on a per pupil basis
using the weighted pupil units of each district for the preceding year;
(2) thirty-five percent must be allocated according to the preceding
year's Education Finance Act (EFA) formula;
(3) fifteen percent of the funds allocated annually to the several
school districts for facilities' needs must be distributed based on a
standardized assessment of the districts' needs for facilities using a
uniform estimate of costs as established in Section 59-144-120.
Individual district allotments must be based on the district facilities need
relative to the state total facilities need;
(4) fifteen percent of the funds allocated annually to the school
districts must be distributed based on equalized effort defined as the prior
five years' average expenditures for capital projects and debt service,
including lease-purchase obligations, for school instructional facilities
divided by the average assessed value of all property subject to ad
valorem school taxation and adjusted to reflect an equalized per pupil
mill value. Individual district allotments must be based on a district's
equalized effort relative to the state total equalized effort. The amount
included for lease-purchase obligations shall not include the costs of
utilities or operation and maintenance of the leased facility;
(5) a district's annual allotment must be the sum of the four
amounts calculated as provided in this section. Funds from a district's
allotment shall be made available as needed once approval is received
from the State Board of Education pursuant to Chapter 23 of this
title.
(B) The Department of Juvenile Justice, the Wil Lou Gray
Opportunity School, the John de la Howe School, and the South Carolina
School for the Deaf and the Blind also shall be annually allocated funds
from the Children's Education Endowment Fund for facilities' needs on a
per pupil basis using weighted pupil units for one hundred percent of
their allocations. For purposes of these allocations only, all pupils of
these schools are considered K-12 pupils.
Section 59-144-120. The State Board of Education responsibilities in
regard to this chapter include:
(1) developing policies, guidelines, and standards for a uniform
assessment of facilities' needs and standardized cost allowances for
estimating the cost in meeting these needs in order to provide for a
systematic reporting of each district's needs to be used in calculating the
allotment of funds under Section 59-144-100. Any standardized cost
allowances must take into account regional variances that are beyond the
control of individual districts. Facilities' needs include, but are not
limited to, facility need capacity and condition, space requirements,
program standards, and pupil growth. Costs allowances shall be
developed to include such measures as costs per square foot, costs per
pupil, or costs per teaching unit with such costs adjusted annually to
reflect changes in the cost of labor and materials. These standards and
cost allowances are to be used only for providing a uniform reporting of
districts' needs for formula allotment purposes and are not intended to
limit district options in determining the most appropriate manner in
which to meet individual district needs; and
(2) adopting policies, standards, and regulations to ensure the
accuracy of district reporting required under this chapter and the use of
funds disbursed under this chapter.
Section 59-144-130. Every three years by December first beginning
with the year 1998, the State Board of Education shall report to the
General Assembly the projected five-year school facilities improvement
requirements reported by the school districts, the needs identified since
the last report, and those previously identified needs addressed since the
last report.
Section 59-144-140. The Department of Education's responsibilities
shall include:
(1) providing staffing assistance to the State Board of Education in
the development of policies, guidelines, standards, and regulations
implementing this chapter; and
(2) ensuring compliance with state standards and requirements,
inspecting construction projects for education facilities, and approving
completed construction pursuant to Chapter 23 of this title for projects
financed in whole or in part with funds allocated under this chapter. To
assist with the inspection of construction projects, the State Board of
Education may designate selected local units of administration which
have staff qualified to conduct the inspections to act on behalf of the
Department of Education.
Section 59-144-150. To qualify for funds under this chapter, each
school district shall meet the provisions of this chapter and any
regulations promulgated hereunder. Funds must be withheld from
districts when inappropriate reporting of facilities' needs is found or
when inappropriate use of funds is documented.
Section 59-144-160. By December 1, 1998, the State Board of
Education shall recommend to the General Assembly changes to be made
to this chapter regarding program objectives, appropriate funding levels,
and funding allotment formulas."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 12th day of July, 1996. |