S 0959 General Bill, By Bryan
 A Bill to amend Section 59-20-40, as amended, Code of Laws of South Carolina,
 1976, relating to the determination of annual school district allocations
 under the Education Finance Act, so as to provide that in order for a district
 to qualify for funds beginning with school year 1997-98, each elementary
 school within the district must attain an average pupil-teacher ratio based on
 average daily membership in grades K-3 of 18:1 and in grades 4-6 of 21:1, and
 to revise the manner in which and grounds under which waivers from such
 requirements may be obtained and the manner in which state aid shall be
 reduced for violations.

   12/04/95  Senate Prefiled
   12/04/95  Senate Referred to Committee on Education
   01/09/96  Senate Introduced and read first time SJ-73
   01/09/96  Senate Referred to Committee on Education SJ-73

A BILL

TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL SCHOOL DISTRICT ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT IN ORDER FOR A DISTRICT TO QUALIFY FOR FUNDS BEGINNING WITH SCHOOL YEAR 1997-98, EACH ELEMENTARY SCHOOL WITHIN THE DISTRICT MUST ATTAIN AN AVERAGE PUPIL-TEACHER RATIO BASED ON AVERAGE DAILY MEMBERSHIP IN GRADES K-3 OF 18:1 AND IN GRADES 4-6 OF 21:1, AND TO REVISE THE MANNER IN WHICH AND GROUNDS UNDER WHICH WAIVERS FROM SUCH REQUIREMENTS MAY BE OBTAINED AND THE MANNER IN WHICH STATE AID SHALL BE REDUCED FOR VIOLATIONS.

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

SECTION 1. Section 59-20-40(5) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"(5) (a) To In order for a district to qualify for funds provided in this chapter, each elementary school within the district must attain an average pupil-teacher ratio based on average daily membership in grades K-3 of 18:1 and in grades 4-6 of 21:1 the basic skills of reading and mathematics in grades one through three of 21:1.

Provided, That any local district may apply to the State Board of Education for approval of a waiver to this subsection by submitting and justifying an alternative educational program to serve the basic skill needs of average daily membership in grades one through three.

The State Board of Education shall approve or disapprove of such waiver forty-five days after receipt of such application. Provided, Further, That beginning with Fiscal Year 1978-79, if

(b) If a any school in a district violates the provisions of this subsection, the state aid for the ensuing fiscal year to such the school district shall be reduced by the percentage variance that the actual pupil-teacher ratios in such the school district has to the required pupil-teacher ratios mandated in this subsection divided by the number of elementary schools in the district. This provision is also cumulative as to the elementary schools in the district violating the provisions of this subsection.

Provided, That notwithstanding (c) Notwithstanding the provisions of this section subsection, the State Board of Education for school years 1997-98 and 1998-99 only is authorized to waive the pupil-teacher requirements specified herein upon a finding that a good faith effort is being made by the school district concerned to comply with the ratio provisions in particular schools but that for lack of classroom space in these schools which was beyond its control it is physically impossible for the district to comply for the Fiscal Years 1978-1979 and 1979-1980 and the cost of temporary classroom space cannot be justified. The State Board of Education shall approve or disapprove a waiver application within forty-five days after receipt.

It is the intent of the General Assembly that the average daily membership pupil-teacher ratio for grades 1 through 3 stipulated in the chapter be implemented to the extent possible on an individual class basis and that the pupil enrollment in these grades should not exceed twenty-eight pupils in each class."

SECTION 2. This act takes effect August 15, 1997, and the pupil-teacher ratios in grades K-6 as required in Section 59-20-40(5) of the 1976 Code as amended by this act take effect beginning with school year 1997-98.