S*850 Session 112 (1997-1998)
S*0850(Rat #0412, Act #0400 of 1998) General Bill, By Setzler, Branton, Bryan,
Courson, Giese, Hayes, Lander, Mescher, Rankin, Reese, Russell, Short, Waldrep,
Washington and Wilson
A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE
SOUTH CAROLINA EDUCATION ACCOUNTABILITY ACT OF 1998 TO ESTABLISH STATEWIDE
ACADEMIC ACHIEVEMENT STANDARDS AND ASSESSMENTS OF THOSE STANDARDS FOR SCHOOLS,
TO PROVIDE ANNUAL REPORT CARDS FOR SCHOOLS WITH A PERFORMANCE INDICATOR
SYSTEM, TO REQUIRE DISTRICTS TO ESTABLISH LOCAL ACCOUNTABILITY SYSTEMS, TO
PROVIDE SPECIFIED RESOURCES TO IMPROVE STUDENT PERFORMANCE AND TEACHER AND
STAFF DEVELOPMENT AND ASSISTANCE, AND TO PROVIDE FOR THE IMPLEMENTATION AND
OVERSIGHT OF THE ABOVE PROVISIONS.-AMENDED SHORT TITLE
11/17/97 Senate Prefiled
11/17/97 Senate Referred to Committee on Education
01/14/98 Senate Introduced and read first time SJ-10
01/14/98 Senate Referred to Committee on Education SJ-10
01/21/98 Senate Committee report: Favorable Education SJ-8
02/05/98 Senate Amended SJ-26
02/05/98 Senate Special order SJ-50
02/10/98 Senate Debate interrupted SJ-21
02/11/98 Senate Debate interrupted SJ-12
02/12/98 Senate Read second time SJ-31
02/12/98 Senate Ordered to third reading with notice of
amendments SJ-31
02/12/98 Senate Debate interrupted SJ-31
02/17/98 Senate Amended SJ-88
02/17/98 Senate Debate interrupted SJ-88
02/18/98 Senate Amended SJ-16
02/18/98 Senate Debate interrupted SJ-26
02/19/98 Senate Amended SJ-15
02/19/98 Senate Read third time and sent to House SJ-15
02/19/98 Senate Roll call Yeas-43 Nays-2 SJ-23
02/24/98 House Introduced and read first time HJ-21
02/24/98 House Referred to Committee on Education and Public
Works HJ-21
03/26/98 House Committee report: Favorable with amendment
Education and Public Works HJ-2
03/31/98 House Amended HJ-18
03/31/98 House Read second time HJ-33
04/01/98 House Read third time and returned to Senate with
amendments HJ-24
04/08/98 Senate Non-concurrence in House amendment SJ-24
04/14/98 House House insists upon amendment and conference
committee appointed Reps. Townsend, Harrell &
Walker HJ-4
04/16/98 Senate Conference committee appointed Sens. Setzler,
Bryan, Hayes SJ-1
06/02/98 Senate Free conference powers granted SJ-56
06/02/98 Senate Free conference committee appointed Sens.
Setzler, Bryan, Hayes SJ-56
06/02/98 Senate Free conference report received and adopted SJ-56
06/03/98 House Free conference powers granted HJ-35
06/03/98 House Free conference committee appointed Reps.
Harrell, Townsend & Walker HJ-37
06/03/98 House Free conference report received and adopted HJ-37
06/03/98 Senate Ordered enrolled for ratification
06/04/98 Ratified R 412
06/10/98 Signed By Governor
06/10/98 Effective date 06/10/98
06/25/98 Copies available
06/30/98 Act No. 400
(A400, R412, S850)
AN ACT TO AMEND CHAPTER 18 OF TITLE 59, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY
CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT
THE SOUTH CAROLINA EDUCATION ACCOUNTABILITY ACT OF
1998 TO ESTABLISH STATEWIDE ACADEMIC ACHIEVEMENT
STANDARDS AND ASSESSMENTS OF THOSE STANDARDS FOR
SCHOOLS, TO PROVIDE ANNUAL REPORT CARDS FOR
SCHOOLS WITH A PERFORMANCE INDICATOR SYSTEM, TO
REQUIRE DISTRICTS TO ESTABLISH LOCAL ACCOUNTABILITY
SYSTEMS, TO PROVIDE SPECIFIED RESOURCES TO IMPROVE
STUDENT PERFORMANCE AND TEACHER AND STAFF
DEVELOPMENT AND ASSISTANCE, AND TO PROVIDE FOR THE
IMPLEMENTATION AND OVERSIGHT OF THE ABOVE
PROVISIONS; TO ADD SECTION 59-24-5 SO AS TO PROVIDE FOR
LEGISLATIVE FINDINGS IN REGARD TO SCHOOL PRINCIPALS
AND THEIR PROFESSIONAL DEVELOPMENT; TO AMEND
SECTIONS 59-24-10, 59-24-30, BOTH AS AMENDED, AND 59-24-50,
RELATING TO ASSESSMENT OF AND DEVELOPMENT PLANS
FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE
FOR SUCH ASSESSMENTS AND DEVELOPMENT PLANS; TO ADD
SECTION 59-24-80 SO AS TO PROVIDE FOR A FORMAL
INDUCTION PROGRAM FOR FIRST-YEAR PRINCIPALS; TO ADD
SECTION 59-24-15 SO AS TO PROVIDE THAT CERTIFIED
EDUCATION PERSONNEL WHO ARE EMPLOYED AS
ADMINISTRATORS ON AN ANNUAL OR MULTI-YEAR
CONTRACT WILL RETAIN THEIR RIGHTS AS A TEACHER
UNDER APPLICABLE EMPLOYMENT, DISMISSAL, AND OTHER
PROCEDURES BUT NO SUCH RIGHTS ARE GRANTED TO THE
POSITION OR SALARY OF ADMINISTRATOR, AND TO PROVIDE
THAT ANY SUCH ADMINISTRATOR WHO PRESENTLY IS
UNDER A CONTRACT GRANTING SUCH RIGHTS SHALL RETAIN
THAT STATUS UNTIL THE EXPIRATION OF THAT CONTRACT;
TO AMEND SECTION 59-6-10, RELATING TO THE SELECT
COMMITTEE TO OVERSEE THE EIA, SO AS TO CHANGE THE
NAME OF THE COMMITTEE TO THE EDUCATION OVERSIGHT
COMMITTEE, TO REVISE THE MEMBERSHIP OF THE
COMMITTEE AND THE MANNER IN WHICH ITS MEMBERS ARE
SELECTED, AND TO REVISE ITS DUTIES AND FUNCTIONS
INCLUDING A REQUIREMENT THAT IT REVIEW AND MONITOR
THE EDUCATION ACCOUNTABILITY ACT OF 1998; TO ADD
SECTIONS 59-6-100, 59-6-110, AND 59-6-120 SO AS TO ESTABLISH
AN ACCOUNTABILITY DIVISION WITHIN THE EDUCATION
OVERSIGHT COMMITTEE AND PROVIDE FOR ITS DUTIES,
FUNCTIONS, AND RESPONSIBILITIES, TO PROVIDE THAT THE
EDUCATION OVERSIGHT COMMITTEE SHALL APPOINT A TASK
FORCE TO REVIEW CURRENT STATE PROGRAMS AND
POLICIES FOR PARENT PARTICIPATION IN THEIR CHILDREN'S
EDUCATION; TO AMEND SECTION 59-29-10, RELATING TO
REQUIRED SUBJECTS OF INSTRUCTION, SO AS TO REQUIRE
INSTRUCTION IN PHONICS; TO ADD SECTION 59-63-65 SO AS TO
PROVIDE THAT SCHOOL DISTRICTS WHICH CHOOSE TO
REDUCE CLASS SIZE IN GRADES ONE THROUGH THREE TO A
PUPIL-TEACHER RATIO OF FIFTEEN TO ONE SHALL BE
ELIGIBLE FOR CERTAIN STATE FUNDING, AND TO PROVIDE
FOR THE IMPLEMENTATION OF THESE PROVISIONS
INCLUDING A PROVISION ALLOWING PORTABLE OR
TEMPORARY FACILITIES TO BE USED FROM FUNDING
DERIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT
FUND, TO REQUIRE THE DEPARTMENT OF EDUCATION TO
PROVIDE A COPY OF THIS ACT TO EVERY DISTRICT SCHOOL
SUPERINTENDENT AND SCHOOL PRINCIPAL IN THIS STATE; TO
REPEAL SECTION 59-6-12 RELATING TO CERTAIN DUTIES AND
RESPONSIBILITIES OF THE SELECT COMMITTEE; AND TO
REPEAL SECTIONS 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25,
59-18-30, AND 59-18-31 RELATING TO SCHOOL QUALITY
CONTROLS AND PRODUCTIVITY.
Be it enacted by the General Assembly of the State of South Carolina:
Citation
SECTION 1. This act will be known and may be cited as the "South
Carolina Education Accountability Act of 1998".
Education Accountability Act of 1998
SECTION 2. Chapter 18, Title 59 of the 1976 Code is amended to
read:
"CHAPTER 18
Education Accountability Act of 1998
Article 1
General Provisions
Section 59-18-100. The General Assembly finds that South
Carolinians have a commitment to public education and a conviction that
high expectations for all students are vital components for improving
academic achievement. It is the purpose of the General Assembly in this
chapter to establish a performance based accountability system for public
education which focuses on improving teaching and learning so that
students are equipped with a strong academic foundation. Accountability,
as defined by this chapter, means acceptance of the responsibility for
improving student performance and taking actions to improve classroom
practice and school performance by the Governor, the General Assembly,
the State Department of Education, colleges and universities, local school
boards, administrators, teachers, parents, students, and the community.
Section 59-18-110. The system is to:
(1) use academic achievement standards to push schools and students
toward higher performance by aligning the state assessment to those
standards and linking policies and criteria for performance standards,
accreditation, reporting, school rewards, and targeted assistance;
(2) provide an annual report card with a performance indicator system
that is logical, reasonable, fair, challenging, and technically defensible
which furnishes clear and specific information about school and district
academic performance and other performance to parents and the public;
(3) require all districts to establish local accountability systems to
stimulate quality teaching and learning practices and target assistance to
low performing schools;
(4) provide resources to strengthen the process of teaching and
learning in the classroom to improve student performance and reduce gaps
in performance;
(5) support professional development as integral to improvement and
to the actual work of teachers and school staff; and
(6) expand the ability to evaluate the system and to conduct in-depth
studies on implementation, efficiency, and the effectiveness of academic
improvement efforts.
Section 59-18-120. As used in this chapter:
(1) 'Oversight Committee' means the Education Oversight Committee
established in Section 59-6-10.
(2) 'Standards based assessment' means an assessment where an
individual's performance is compared to specific performance standards
and not to the performance of other students.
(3) 'Disaggregated data' means data broken out for specific groups
within the total student population, such as by race, gender, and family
income level.
(4) 'Longitudinally matched student data' means examining the
performance of a single student or a group of students by considering their
test scores over time.
(5) 'Norm-referenced assessment' means assessments designed to
compare student performance to a nationally representative sample of
similar students known as the norm group.
(6) 'Academic achievement standards' means statements of
expectations for student learning.
(7) 'Department' means the State Department of Education.
(8) 'Absolute performance' means the rating a school will receive
based on the percentage of students meeting standard on the state's
standards based assessment.
(9) 'Improvement performance' means the rating a school will receive
based on longitudinally matched student data comparing current
performance to the previous year's for the purpose of determining student
academic growth.
(10) 'Objective and reliable statewide assessment' means assessments
which yield consistent results and which measure the cognitive
knowledge and skills specified in the state-approved academic standards
and does not include questions relative to personal opinions, feelings, or
attitudes and is not biased with regard to race, gender, or socioeconomic
status. It is not intended that the assessments be limited to true/false or
multiple choice questions.
(11) 'Division of Accountability' means the special unit within the
oversight committee established in Section 59-6-100.
Article 3
Academic Standards and Assessments
Section 59-18-300. The State Board of Education is directed to adopt
grade specific performance-oriented educational standards in the core
academic areas of mathematics, English/language arts, social studies
(history, government, economics, and geography), and science for
kindergarten through twelfth grade and for grades nine through twelve
adopt specific academic standards for benchmark courses in mathematics,
English/language arts, social studies, and science. The standards are to
promote the goals of providing every student with the competencies to:
(1) read, view, and listen to complex information in the English
language;
(2) write and speak effectively in the English language;
(3) solve problems by applying mathematics;
(4) conduct research and communicate findings;
(5) understand and apply scientific concepts;
(6) obtain a working knowledge of world, United States, and South
Carolina history, government, economics, and geography; and
(7) use information to make decisions.
The standards must be reflective of the highest level of academic skills
with the rigor necessary to improve the curriculum and instruction in
South Carolina's schools so that students are encouraged to learn at
unprecedented levels and must be reflective of the highest level of
academic skills at each grade level.
Section 59-18-310. (A) Notwithstanding any other provision of law,
the State Board of Education, through the Department of Education, is
required to develop or adopt a statewide assessment program to measure
student performance on state standards and:
(1) identify areas in which students need additional support;
(2) indicate the academic achievement for schools, districts, and the
State; and
(3) satisfy federal reporting requirements.
All assessments required to be developed or adopted under the provisions
of this section or chapter must be objective and reliable.
(B) The statewide assessment program in the four academic areas shall
include grades three through eight, an exit examination which is to be first
administered in grade ten, and end of course tests for gateway courses in
English/language arts, mathematics, science, and social studies for grades
nine through twelve. A standards based assessment will be developed for
grades one and two for use by schools and districts as deemed appropriate
by the district officials.
(C) While assessment is called for in the specific areas mentioned
above, this should not be construed as lessening the importance of foreign
languages, visual and performing arts, health, physical education, and
career/occupational programs.
Section 59-18-320. (A) After the first statewide field test of the
assessment program in each of the four academic areas, and after the field
tests of the end of course assessments of benchmark courses, the
Education Oversight Committee, established in Section 59-6-10, will
review the state assessment program and the course assessments for
alignment with the state standards, level of difficulty and validity, and for
the ability to differentiate levels of achievement, and will make
recommendations for needed changes, if any. The review will be
provided to the State Board of Education, the State Department of
Education, the Governor, the Senate Education Committee, and the House
Education and Public Works Committee as soon as feasible after the field
tests. The Department of Education will then report to the Education
Oversight Committee no later than one month after receiving the reports
on the changes made to the assessments to comply with the
recommendations.
(B) After review and approval by the Education Oversight Committee,
the standards based assessment of mathematics, English/language arts,
social studies, and science will be administered to all public school
students to include those students as required by the 1997 reauthorization
of the Federal Individuals with Disabilities Education Act and by Title 1
at the end of grades three through eight. The exit examination in these
four academic areas will be administered for the first time at the end of
grade ten. For students with documented disabilities, the assessments
developed by the Department of Education shall include the appropriate
modifications and accommodations with necessary supplemental devices
as outlined in a student's Individualized Education Program and as stated
in the Administrative Guidelines and Procedures for Testing Students
with Documented Disabilities.
(C) After review and approval by the Education Oversight Committee,
the end of course assessments of benchmark courses will be administered
to all public school students as they complete each benchmark course.
(D) Any new standards and assessments required to be developed and
adopted by the State Board of Education, through the Department of
Education, must be developed and adopted upon the advice and consent
of the Education Oversight Committee.
Section 59-18-330. The State Board of Education, through the State
Department of Education, shall develop, select, or adapt a first grade
readiness test which is linked to the adopted grade one academic standards
and a second grade readiness test which is linked to the adopted grade two
academic standards. The first administration of this test must occur no
later than the 2000-2001 school year. The purpose of the tests is to
measure individual student readiness, and they are not to be used as an
accountability measure at the state level. However, the grade two
readiness test will serve as the baseline for grade three assessment.
Section 59-18-340. The State Board of Education, following the
recommendations of the Accountability Division of the Education
Oversight Committee, is directed to select a norm referenced test to obtain
an indication of student and school performance relative to national
performance levels. The test must be administered annually to a
statistically valid random sample of students in at least three grades from
grades three through eleven. The Oversight Committee shall determine
an appropriate sampling plan for the norm referenced test that must be
administered beginning in the 1998-1999 school year.
Section 59-18-350. High schools shall offer state-funded PSAT or
PLAN tests to each tenth grade student in order to assess and identify
curricular areas that need to be strengthened and re-enforced. Schools and
districts shall use these assessments as diagnostic tools to provide
academic assistance to students whose scores reflect the need for such
assistance. Schools and districts shall use these assessments to provide
guidance and direction for parents and students as they plan for
postsecondary experiences.
Section 59-18-360. The State Board of Education, in consultation
with the Education Oversight Committee, shall provide for a cyclical
review by academic area of the state standards and assessments to ensure
that the standards and assessments are maintaining high expectations for
learning and teaching. All academic areas must be initially reviewed by
the year 2005. At a minimum, each academic area should be reviewed
and updated every four years. After each academic area is reviewed, a
report on the recommended revisions must be presented to the Education
Oversight Committee for its consideration. After approval by the
Education Oversight Committee, the recommendations may be
implemented. As a part of the review, a task force of parents, business
and industry persons, community leaders, and educators, to include
special education teachers, must examine the standards and assessment
system to determine rigor and relevancy.
Section 59-18-370. The Department of Education is directed to
provide assessment results annually on individual students and schools in
a manner and format that is easily understood by parents and the public.
In addition, the school assessment results must be presented in a format
easily understood by the faculty and in a manner that is useful for
curriculum review and instructional improvement. The department is to
provide longitudinally matched student data from the standards based
assessments and include information on the performance of subgroups of
students within the school. The department must work with the Division
of Accountability in developing the formats of the assessment results.
Schools and districts shall be responsible for disseminating this
information to parents.
Article 5
Academic Plans for Students
Section 59-18-500. (A) Beginning in 1998-99 and annually
thereafter, at the beginning of each school year, the school must notify the
parents of the need for a conference for each student in grades three
through eight who lacks the skills to perform at his current grade level
based on assessment results, school work, or teacher judgment. At the
conference, the student, parent, and appropriate school personnel will
discuss the steps needed to ensure student success at the next grade level.
An academic plan will be developed to outline additional services the
school and district will provide and the actions the student and the parents
will undertake to further student success.
(B) The participants in the conference will sign off on the academic
plan, including any requirement for summer school attendance. Should
a parent, after attempts by the school to schedule the conference at their
convenience, not attend the conference, the school will appoint a school
mentor, either a teacher or adult volunteer, to work with the student and
advocate for services. A copy of the academic plan will be sent to the
parents by certified mail.
(C) At the end of the school year, the student's performance will be
reviewed by appropriate school personnel. If the student's work has not
been at grade level or if the terms of the academic plan have not been met,
the student may be retained or he may be required to attend summer
school for promotion. If there is a compelling reason why the student
should not be required to attend summer school or be retained, the parent
or student may appeal to a district review panel.
(D) At the end of summer school, a district panel will review the
student's progress and report to the parents whether the student's academic
progress indicates readiness to achieve grade level standards for the next
grade. If the student is not at grade level or the student's assessment
results show standards are not met, the student will be placed on academic
probation. A conference of the student, parents, and appropriate school
personnel will revise the academic plan to address academic difficulties.
At the conference it must be stipulated that academic probation means if
either school work is not up to grade level or if assessment results again
show standards are not met, the student will be retained. The district's
appeals process remains in effect.
(E) Each district board of trustees will establish policies on academic
conferences, individual student academic plans, and district level reviews.
Information on these policies must be given to every student and parent.
Each district is to monitor the implementation of academic plans as a part
of the local accountability plan. Districts are to use Act 135 of 1993
academic assistance funds to carry out academic plans, including required
summer school attendance. Districts' policies regarding retention of
students in grades one and two remain in effect.
(F) The State Board of Education, working with the Oversight
Committee, will establish guidelines until regulations are promulgated to
carry out this section. The State Board of Education, working with the
Accountability Division, will promulgate regulations requiring the
reporting of the number of students retained at each grade level, the
number of students on probation, number of students retained after being
on probation, and number of students removed from probation. This data
will be used as a performance indicator for accountability.
Article 7
Materials and Accreditation
Section 59-18-700. The criteria governing the adoption of
instructional materials shall be revised by the State Board of Education to
require that the content of such materials reflect the substance and level
of performance outlined in the grade specific educational standards
adopted by the state board.
Section 59-18-710. By November, 2000, the State Board of
Education, working with the Department of Education and
recommendations from the Accountability Division, must promulgate
regulations outlining the criteria for the state's accreditation system which
must include student academic performance.
Article 9
Reporting
Section 59-18-900. (A) The Education Oversight Committee,
working with the State Board of Education, is directed to establish an
annual report card and its format to report on the performance for the
individual elementary, middle, high schools, and school districts of the
State. The school's ratings on academic performance must be emphasized
and an explanation of their significance for the school and the district
must also be reported. The annual report card must serve at least four
purposes:
(1) inform parents and the public about the school's performance;
(2) assist in addressing the strengths and weaknesses within a
particular school;
(3) recognize schools with high performance; and
(4) evaluate and focus resources on schools with low performance.
(B) The Oversight Committee shall determine the criteria for and
establish five academic performance ratings of excellent, good, average,
below average, and unsatisfactory. Schools and districts shall receive a
rating for absolute and improvement performance. Only the scores of
students enrolled in the school at the time of the forty-five-day enrollment
count shall be used to determine the absolute and improvement ratings.
The Oversight Committee shall establish student performance indicators
which will be those considered to be useful for assessing a school's overall
performance and appropriate for the grade levels within the school.
(C) In setting the criteria for the academic performance ratings and the
performance indicators, the Education Oversight Committee shall
report the performance by subgroups of students in the school and schools
similar in student characteristics; consideration of these factors must be
given only in the improvement rating. Criteria must use established
guidelines for statistical analysis and build on current data-reporting
practices.
(D) The report card must include a comprehensive set of performance
indicators with information on comparisons, trends, needs, and
performance over time which is helpful to parents and the public in
evaluating the school. Special efforts are to be made to ensure that the
information contained in the report cards is provided in an easily
understood manner and a reader friendly format. This information should
also provide a context for the performance of the school. Where
appropriate, the data should yield disaggregated results to schools and
districts in planning for improvement. The report card should include
information in such areas as programs and curriculum, school leadership,
community and parent support, faculty qualifications, evaluations of the
school by parents, teachers, and students. In addition, the report card
must contain other criteria including, but not limited to, information on
promotion and retention ratios, disciplinary climate, dropout ratios,
student and teacher ratios, and attendance data.
(E) The principal, in conjunction with the School Improvement
Council established in Section 59-20-60, must write an annual narrative
of a school's progress in order to further inform parents and the
community about the school and its operation. The narrative must cite
factors or activities supporting progress and barriers which inhibit
progress. The school's report card must be furnished to parents and the
public no later than November fifteenth.
Section 59-18-910. No later than June 1, 1999, the Accountability
Division must report on the development of the performance indicators
criteria and the report card to the Education Oversight Committee and the
State Board of Education. A second report, to include uniform collection
procedures for academic standards and performance indicators, is due by
September 1, 1999. No later than September, 1999, the State Department
of Education shall report to the Oversight Committee the determination
of the levels of difficulty for the assessments by grade and academic area.
By March 1, 2000, a report on the development of baseline data for the
schools is due from the division.
Section 59-18-920. Charter schools established pursuant to Chapter
40, Title 59 will receive a performance rating and must issue a report card
to parents and the public containing the rating and explaining its
significance and providing other information similar to that required of
other schools in this section. Alternative schools are included in the
requirements of this chapter; however, the purpose of such schools must
be taken into consideration in determining their performance rating. The
Education Oversight Committee, working with the State Board of
Education and the School to Work Advisory Council, will develop a
report card for vocational schools.
Section 59-18-930. Beginning in 2001 and annually thereafter the
State Department of Education must issue report cards to all schools and
districts of the State no later than November first. The report card must
be mailed to all parents of the school and the school district. The school,
in conjunction with the district board, must also inform the community of
the school's report card by advertising the results in at least one South
Carolina daily newspaper of general circulation in the area. This notice
must be published within ninety days of receipt of the report cards issued
by the State Department of Education and must be a minimum of two
columns by ten inches (four and one-half by ten inches) with at least a
twenty-four point bold headline.
Article 11
Awarding Performance
Section 59-18-1100. The State Board of Education, working with the
division and the Department of Education, must establish the Palmetto
Gold and Silver Awards Program to recognize and reward schools for
academic achievement. Awards will be established for schools attaining
high levels of absolute performance and for schools attaining high rates
of improvement. The award program must base improved performance
on longitudinally matched student data and may include such additional
criteria as:
(1) student attendance;
(2) teacher attendance;
(3) student dropout rates; and
(4) any other factors promoting or maintaining high levels of
achievement and performance. Schools shall be rewarded according to
specific criteria established by the division. In defining eligibility for a
reward for high levels of performance, student performance should exceed
expected levels of improvement. The State Board of Education shall
promulgate regulations to ensure districts of the State utilize these funds
to improve or maintain exceptional performance according to their
school's plans established in Section 59-139-10. Funds may be utilized
for professional development support.
Special schools for the academically talented are not eligible to receive
an award pursuant to the provisions of this section unless they have
demonstrated improvement and high absolute achievement for three years
immediately preceding.
Section 59-18-1110. (A) Notwithstanding any other provision of law,
a school is given the flexibility of receiving exemptions from those
regulations and statutory provisions governing the defined program
provided that, during a three-year period, the following criteria are
satisfied:
(1) the school has twice been a recipient of a Palmetto Gold or
Silver Award, pursuant to Section 59-18-1100;
(2) the school has met annual improvement standards for subgroups
of students in reading and mathematics; and
(3) the school has exhibited no recurring accreditation deficiencies.
(B) Schools receiving flexibility status are released from those
regulations and statutory provisions referred to above including, but not
limited to, regulations and statutory provisions on class scheduling, class
structure, and staffing. The State Board of Education in consultation with
the Education Oversight Committee must promulgate regulations and
develop guidelines for providing this flexibility by December 1, 2001.
(C) To continue to receive flexibility pursuant to this section, a school
must annually exhibit school improvement at or above the state average
as computed in the school recognition program pursuant to Section
59-18-1100 and must meet the gains required for subgroups of students
in reading and mathematics. A school which does not requalify for
flexibility status due to extenuating circumstances may apply to the State
Board of Education for an extension of this status for one year.
(D) In the event that a school is removed from flexibility status, the
school is not subject to regulations and statutory provisions exempted
under this section until the beginning of the school year following
notification of the change in status by the State Department of Education.
Subsequent monitoring by the State Department of Education in a school
that is removed from flexibility status shall not include a review of
program records exempted under this section for the period that the school
has received flexibility status or for the school year during which the
school was notified of its removal from flexibility status.
Section 59-18-1120. (A) Notwithstanding any other provision of law,
a school designated as unsatisfactory while in such status is given the
flexibility of receiving exemptions from those regulations and statutory
provisions governing the defined program or other State Board of
Education regulations, dealing with the core academic areas as outlined
in Section 59-18-120, provided that the review team recommends such
flexibility to the State Board of Education.
(B) Other schools may receive flexibility when their strategic plan
explains why such exemptions are expected to improve the academic
performance of the students and the plan meets the approval by the State
Board of Education. To continue to receive flexibility pursuant to this
section, a school must annually exhibit overall school improvement as
outlined in its revised plan and must meet the gains set for subgroups of
students in reading and mathematics. A school which does not requalify
for flexibility status due to extenuating circumstances may apply to the
State Board of Education for an extension of this status for one year
according to the provisions of Section 59-18-1110(D).
Article 13
District Accountability Systems
Section 59-18-1300. The State Board of Education, based on
recommendations of the division, must develop regulations requiring that
no later than August, 1999, each district board of trustees must establish
and annually review a performance based accountability system, or
modify its existing accountability system, to reinforce the state
accountability system. Parents, teachers, and principals must be involved
in the development, annual review, and revisions of the accountability
system established by the district. The board of trustees shall ensure that
a district accountability plan be developed, reviewed, and revised
annually. In order to stimulate constant improvement in the process of
teaching and learning in each school and to target additional local
assistance for a school when its students' performance is low or shows
little improvement, the district accountability system must build on the
district and school activities and plans required in Section 59-139-10. In
keeping with the emphasis on school accountability, principals should be
actively involved in the selection, discipline, and dismissal of personnel
in their particular school. The date the school improvement reports must
be provided to parents is changed to February first. Until such time as
regulations pursuant to this section become effective, school district
accountability systems must be developed, adopted, and implemented in
accordance with State Board of Education guidelines.
The Department of Education shall offer technical support to any
district requesting assistance in the development of an accountability plan.
Furthermore, the department must conduct a review of accountability
plans as part of the peer review process required in Section 59-139-10(H)
to ensure strategies are contained in the plans that shall maximize student
learning. The department shall submit plans for the peer review process
to the division for approval by August, 1999. School districts not having
an approved plan by August 1, 1999, shall be provided a plan by the
department within ninety days.
Article 15
Intervention and Assistance
Section 59-18-1500. (A) When a school receives a rating of below
average or unsatisfactory, the following actions must be undertaken by the
school, the district, and the board of trustees:
(1) The faculty of the school with the leadership of the principal must
review its improvement plan and revise it with the assistance of the school
improvement council established in Section 59-20-60. The revised plan
should look at every aspect of schooling, and must outline activities that,
when implemented, can reasonably be expected to improve student
performance and increase the rate of student progress. The plan should
provide a clear, coherent plan for professional development, which has
been designed by the faculty, that is ongoing, job related, and keyed to
improving teaching and learning. A time line for implementation of the
activities and the goals to be achieved must be included.
(2) Once the revised plan is developed, the district superintendent and
the local board of trustees shall review the school's strategic plan to
determine if the plan focuses on strategies to increase student academic
performance. Once the district board has approved the plan, it must
delineate the strategies and support the district will give the plan.
(3) After the approval of the revised plan, the principals' and teachers'
professional growth plans, as required by Section 59-26-40 and Section
59-24-40, should be reviewed and amended to reflect the professional
development needs identified in the revised plan and must establish
individual improvement criteria on the performance dimensions for the
next evaluation.
(4) The school, in conjunction with the district board, must inform the
parents of children attending the school of the ratings received from the
State Board of Education and must outline the steps in the revised plan to
improve performance, including the support which the board of trustees
has agreed to give the plan. This information must go to the parents no
later than February first. This information must also be advertised in at
least one South Carolina daily newspaper of general circulation in the
area. This notice must be published within ninety days of receipt of the
report cards issued by the State Department of Education and must be a
minimum of two columns by ten inches (four and one-half by ten inches)
with at least a twenty-four point bold headline. The notice must include
the following information: name of school district, name of
superintendent, district office telephone number, name of school, name of
principal, telephone number of school, school's absolute performance
rating and improvement performance rating on student academic
performance, and strategies which must be taken by the district and school
to improve student performance; and
(5) Upon a review of the revised plan to ensure it contains sufficiently
high standards and expectations for improvement, the Department of
Education is to delineate the activities, support, services, and technical
assistance it will make available to support the school's plan and sustain
improvement over time. Schools meeting the criteria established pursuant
to Section 59-18-1560 will be eligible for the grant programs created by
that section.
Section 59-18-1510. (A) When a school receives a rating of
unsatisfactory or upon the request of a school rated below average, an
external review team must be assigned by the Department of Education
to examine school and district educational programs, actions, and
activities. The Education Oversight Committee, in consultation with the
State Department of Education, shall develop the criteria for the
identification of persons to serve as members of an external review team
which shall include representatives from selected school districts,
respected retired educators, State Department of Education staff, higher
education representatives, parents from the district, and business
representatives.
(B) The activities of the external review committee may include:
(1) examine all facets of school operations, focusing on strengths
and weaknesses, determining the extent to which the instructional
program is aligned with the content standards, and recommendations
which draw upon strategies from those who have been successful in
raising academic achievement in schools with similar student
characteristics;
(2) consult with parents, community members, and members of the
School Improvement Council to gather additional information on the
strengths and weaknesses of the school;
(3) identify personnel changes, if any, that are needed at the school
and/or district level and discuss such findings with the board;
(4) work with school staff, central offices, and local boards of
trustees in the design of the school's plan, implementation strategies, and
professional development training that can reasonably be expected to
improve student performance and increase the rate of student progress in
that school;
(5) identify needed support from the district, the State Department
of Education, and other sources for targeted long-term technical
assistance;
(6) report its recommendations, no later than three months after the
school receives the designation of unsatisfactory to the school, the district
board of trustees, and the State Board of Education; and
(7) report annually to the local board of trustees and state board
over the next four years, or as deemed necessary by the state board, on the
district's and school's progress in implementing the plans and
recommendations and in improving student performance.
(C) Within thirty days, the Department of Education must notify the
principal, the superintendent, and the district board of trustees of the
recommendations approved by the State Board of Education. After the
approval of the recommendations, the department shall delineate the
activities, support, services, and technical assistance it will provide to the
school. With the approval of the state board, this assistance will continue
for at least three years, or as determined to be needed by the review
committee to sustain improvement.
Section 59-18-1520. If the recommendations approved by the state
board, the district's plan, or the school's revised plan is not satisfactorily
implemented by the school rated unsatisfactory and its school district
according to the time line developed by the State Board of Education or
if student academic performance has not met expected progress, the
principal, district superintendent, and members of the board of trustees
must appear before the State Board of Education to outline the reasons
why a state of emergency should not be declared in the school. The state
superintendent, after consulting with the external review committee and
with the approval of the State Board of Education, shall be granted the
authority to take any of the following actions:
(1) furnish continuing advice and technical assistance in
implementing the recommendations of the State Board of Education;
(2) declare a state of emergency in the school and replace the
school's principal; or
(3) declare a state of emergency in the school and assume
management of the school.
Section 59-18-1530. (A) Teacher specialists on site must be assigned
in any of the four core academic areas to a middle or high school in an
impaired district or designated as below average or unsatisfactory, if the
review team so recommends and recommendation is approved by the
State Board of Education. Teacher specialists on site must be assigned at
a rate of one teacher for each grade level with a maximum of five to
elementary schools in impaired districts or designated as below average
or unsatisfactory. The Department of Education, in consultation with the
Division of Accountability, shall develop a program for the identification,
selection, and training of teachers with a history of exemplary student
academic achievement to serve as teacher specialists on site. Retired
educators may be considered for specialists.
(B) In order to sustain improvement and help implement the review
team's recommendations, the specialists will teach and work with the
school faculty on a regular basis throughout the school year for up to three
years, or as recommended by the review committee and approved by the
state board. Teacher specialists must teach a minimum of three hours per
day on average in team teaching or teaching classes. Teacher specialists
shall not be assigned administrative duties or other responsibilities outside
the scope of this section. The specialists will assist the school in gaining
knowledge of best practices and well-validated alternatives, demonstrate
effective teaching, act as coach for improving classroom practices, give
support and training to identify needed changes in classroom instructional
strategies based upon analyses of assessment data, and support teachers
in acquiring new skills. School districts are asked to cooperate in
releasing employees for full-time or part-time employment as a teacher
specialist.
(C) To encourage and recruit teachers for assignment to below
standard and unsatisfactory schools, those assigned to such schools will
receive their salary and a supplement equal to fifty percent of the current
southeastern average teacher salary as projected by the State Budget and
Control Board, Office of Research and Analysis. The salary and
supplement is to be paid by the State for three years.
(D) In order to attract a pool of qualified applicants to work in
low-performing schools, the Education Oversight Committee, in
consultation with the Leadership Academy of the South Carolina
Department of Education, shall develop criteria for the identification,
selection, and training of principals with a history of exemplary student
academic achievement. Retired educators may be considered for principal
specialists. A principal specialist may be hired for a school designated as
unsatisfactory, if the district board of trustees chooses to replace the
principal of that school. The principal specialist will assist the school in
gaining knowledge of best practices and well-validated alternatives in
carrying out the recommendations of the review team. The specialist will
demonstrate effective leadership for improving classroom practices, assist
in the analyses of assessment data, work with individual members of the
faculty emphasizing needed changes in classroom instructional strategies
based upon analyses of assessment data, and support teachers in acquiring
new skills designed to increase academic performance. School districts
are asked to cooperate in releasing employees for full-time or part-time
employment as a principal specialist.
(E) In order to attract a pool of qualified principals to work in
low-performing schools, the principal specialists hired in such schools
will receive their salary and a supplement equal to 1.25 times the
supplement amount calculated for teachers. The salary and supplement
are to be paid by the State for two years.
(F) The supplements are to be considered part of the regular salary
base for which retirement contributions are deductible by the South
Carolina Retirement System pursuant to Section 9-1-1020. For the
purpose of determining average final compensation as defined in Section
9-1-10, the supplement authorized in this section shall entitle a specialist
to have added to their average final compensation at the time of retirement
an amount not to exceed an additional forty-five days' pay, based on the
specialist's regular annual compensation at their home school location. A
specialist shall be entitled to fifteen days' pay, for the purposes of this
section, for each year of service as a specialist on site. Principal and
teacher specialists on site who are assigned to below average and
unsatisfactory schools shall be allowed to return to employment with their
previous district at the end of the contract period with the same teaching
or administrative contract status as when they left but without assurance
as to the school or supplemental position to which they may be assigned.
(G) For retired educators drawing benefits from the state retirement
system who are serving in the capacity of principal or teacher specialist
on site, the earnings limitations which restrict the amount of compensation
that may be earned from covered employment while drawing benefits
under the state retirement system do not apply to any compensation paid
to them as an on-site specialist not to exceed one year of such
employment whether they are working directly for the school district or
for some entity in this capacity. However, no further contributions may
be made to the state retirement system related to this compensation and
no additional retirement benefits or credits may be received or accrued.
(H) Within the parameters herein, the school district will have final
determination on individuals who are assigned as teacher specialists and
principal specialists.
Section 59-18-1540. Each principal continued in employment in
schools in districts designated as impaired or in schools designated as
below average or unsatisfactory must participate in a formal mentoring
program with a principal. The Department of Education, working with
the Education Oversight Committee, shall design the mentoring program
and provide a stipend to those principals serving as mentors.
Section 59-18-1550. Each teacher employed in schools designated as
below average or unsatisfactory who participate in the professional
development activities and the improvement actions of the school which
go beyond the normal school day and year may earn credits toward
recertification according to the criteria established by the State Board of
Education. To receive credit, activities must be based on identified
professional development needs outlined in the school's improvement plan
and must include at least one of the following:
(1) summer institute with follow-up activities;
(2) practice of new teaching strategies with peers regularly
throughout the school year;
(3) work with peer study groups during the academic year in
planning lessons; and
(4) observing and coaching regularly in one another's classrooms.
The activities must be approved by the Department of Education and
the department shall determine the amount of credit earned by the
participation.
Section 59-18-1560. (A) The State Board of Education, working with
the Accountability Division and the Department of Education, must
establish grant programs for schools designated as below average and for
schools designated as unsatisfactory. A school designated as below
average will qualify for a grant to undertake any needed retraining of
school faculty and administration once the revised plan is determined by
the State Department of Education to meet the criteria on high standards
and effective activities. A school designated as unsatisfactory will qualify
for the grant program after the State Board of Education approves its
revised plan. A grant or a portion of a grant may be renewed annually
over the next three years, if school and district actions to implement the
revised plan continue. Should student performance not improve, any
revisions to the plan must meet high standards prior to renewal of the
grant. The revised plan must be reviewed by the district and board of
trustees and the State Department of Education to determine what other
actions, if any, need to be taken. A grant may be extended for up to an
additional two years, if the State Board of Education determines it is
needed to sustain academic improvement. The funds must be expended
based on the revised plan and according to criteria established by the State
Board of Education. Prior to extending any grant, the Accountability
Division shall review school expenditures to make a determination of the
effective use of previously awarded grant funds. If deficient use is
determined, those deficiencies must be identified, noted, and corrective
action taken before a grant extension will be given.
(B) The State Board of Education, working with the Department of
Education and with the approval of the Education Oversight Committee,
will develop guidelines outlining eligibility for the grant programs and
methods of distributing funds which will be in effect until such time as the
school ratings in Section 59-18-900(B) are implemented. In developing
the eligibility guidelines, the board should consider criteria similar to that
used in the former impaired district program. Until such time as
regulations are promulgated, the funds shall be distributed on a per
teacher basis for use only as outlined in the revised school plan.
(C) A public school assistance fund shall be established as a separate
fund within the state general fund for the purpose of providing financial
support to assist poorly performing schools. The fund may consist of
grants, gifts, and donations from any public or private source or monies
that may be appropriated by the General Assembly for this purpose.
Income from the fund shall be retained in the fund. All funds may be
carried forward from fiscal year to fiscal year. The State Treasurer shall
invest the monies in this fund in the same manner as other funds under his
control are invested. The State Board of Education, in consultation with
the commission, shall administer and authorize any disbursements from
the fund. The State Board of Education shall promulgate regulations to
implement the provisions of this section.
Section 59-18-1570. (A) When a district receives a rating of below
average, the State Superintendent, with the approval of the State Board of
Education, shall appoint an external review committee to study
educational programs in that district and identify factors affecting the
performance of the district. The review committee must:
(1) examine all facets of school and district operations, focusing on
strengths and weaknesses, determining the extent to which the
instructional program is aligned with the content standards and shall make
recommendations which draw upon strategies from those who have been
successful in raising academic achievement in schools with similar
student characteristics;
(2) consult with parents and community members to gather
additional information on the strengths and weaknesses of the district;
(3) identify personnel changes, if any, that are needed at the school
and/or district level and discuss such findings with the board;
(4) work with school staff, central offices, and local boards of
trustees in the design of the district's plan, implementation strategies, and
professional development training that can reasonably be expected to
improve student performance and increase the rate of student progress in
the district;
(5) identify needed support from the State Department of Education
and other sources for targeted long-term technical assistance;
(6) report its recommendations, no later than three months after the
district receives the designation of unsatisfactory, to the superintendent,
the district board of trustees, and the State Board of Education; and
(7) report annually over the next four years to the local board of
trustees and state board, or as deemed necessary by the state board, on the
district's and school's progress in implementing the plans and
recommendations and in improving student performance.
(B) Within thirty days, the Department of Education must notify the
superintendent and the district board of trustees of the recommendations
approved by the State Board of Education. Upon the approval of the
recommendations, the Department of Education must delineate the
activities, support, services, and technical assistance it will provide to
support the recommendations and sustain improvement over time. The
external review committee must report annually to the local board of
trustees and the state board over the next four years, or as deemed
necessary by the state board, on the district's progress in implementing the
recommendations and improving student performance.
(C) The review committee shall be composed of State Department of
Education staff, representatives from selected school districts, higher
education, and business.
Section 59-18-1580. If recommendations approved by the State Board
of Education are not satisfactorily implemented by the school district
according to the time line developed by the State Board of Education, or
if student performance has not made the expected progress and the school
district is designated as unsatisfactory, the district superintendent and
members of the board of trustees must appear before the State Board of
Education to outline the reasons why a state of emergency should not be
declared in the district. The state superintendent, with the approval of the
State Board of Education, is granted authority to do any of the following:
(1) furnish continuing advice and technical assistance in
implementing the recommendations of the State Board of Education;
(2) recommend to the Governor that the office of superintendent be
declared vacant. If the Governor declares the office vacant, the state
superintendent may furnish an interim replacement until the vacancy is
filled by the board of trustees or until an election is held as provided by
law to fill the vacancy if the superintendent who is replaced is elected to
such office. Local boards of trustees negotiating contracts for the
superintendency shall include a provision that the contract is void should
the Governor declare that office of superintendency vacant pursuant to
this section. This contract provision does not apply to any existing
contracts but to new contracts or renewal of contracts;
(3) declare a state of emergency in the school district and assume
management of the school district.
Section 59-18-1590. To assist schools and school districts as they
work to improve classroom practice and student performance, the
Department of Education must increase the delivery of quality technical
assistance services and the assessment of instructional programs. The
department may need to reshape some of its organization and key
functions to make them more consistent with the assistance required by
schools and districts in developing and implementing local accountability
systems and meeting state standards. The Department of Education must:
(1) establish an ongoing state mechanism to promote successful
programs found in South Carolina schools for implementation in schools
with similar needs and students, to review evidence on instructional and
organizational practices considered to be effective, and to alert schools
and classroom teachers to these options and the sources of training and
names of implementing schools;
(2) provide information and technical assistance in understanding state
policies, how they fit together, and the best practice in implementing
them; and
(3) establish a process for monitoring information provided for
accountability and for assessing improvement efforts and implementation
of state laws and policies which focuses on meeting the intent and purpose
of those laws and policies.
Article 17
Public Information
Section 59-18-1700. (A) An on-going public information campaign
must be established to apprise the public of the status of the public
schools and the importance of high standards for academic performance
for the public school students of South Carolina. A special committee
shall be appointed by the Chairman of the Education Oversight
Committee to include two committee members representing business and
two representing education and others representing business, industry, and
education. The committee shall plan and oversee the development of a
campaign, including public service announcements for the media and
other such avenues as deemed appropriate for informing the public. The
plan must be reported to the Governor, the Senate Education Committee,
and the House Education and Public Works Committee by March 15,
1999.
(B) A separate fund within the state general fund will be established
to accept grants, gifts, and donations from any public or private source or
monies that may be appropriated by the General Assembly for the public
information campaign. Members of the Oversight Committee
representing business will solicit donations for this fund. Income from the
fund shall be retained in the fund. All funds may be carried forward from
fiscal year to fiscal year. The State Treasurer shall invest the monies in
this fund in the same manner as other funds under his control are invested.
The Oversight Committee shall administer and authorize any
disbursements from the fund. Private individuals and groups shall be
encouraged to contribute to this endeavor.
Article 19
Miscellaneous
Section 59-18-1900. (A) The State Board of Education, working with
the Department of Education and the Education Oversight Committee,
shall establish a competitive grant program to fund at least ten alternative
schools. Districts are authorized and encouraged to cooperate in
establishing alternative schools and such jointly established schools will
be given priority in awarding the grants. Alternative schools established
prior to this act shall not be prohibited from participation in this program.
These schools must be at a site separate from other schools, unless
operated at a time when those schools are not in session. These schools
shall provide appropriate services to middle or high school students who
for academic or behavioral reasons are not benefiting from the regular
school program. The regulations must include guidelines to ensure that
effective practices are adopted.
(B) To be eligible for funding, the school districts must develop a plan
for the school which establishes a comprehensive program to address
student problems. State requirements for staffing may be waived if the
plan meets the criteria and has a reasonable expectation of success. The
plan must include:
(1) the mission of the school;
(2) policy for the basis of enrollment in the school;
(3) a low pupil-teacher ratio, to include one on one
assistance, independent computer assisted learning and
distance learning;
(4) provision for transportation to the school;
(5) establishment of comprehensive staff development;
(6) appointment of a mentor teacher at the student's
original school in order to ease transition back to that
school when such a transfer occurs; and
(7) a process for community involvement and support.
The districts shall contract with the school for each student attending
for an amount that is no less than the amount equal to that generated by
the student's EFA weight.
Section 59-18-1910. The State Board of Education shall establish
grant programs to fund homework centers in schools and districts
designated as below average and unsatisfactory. Until such time as these
ratings are established, all schools in districts declared to be impaired are
eligible to receive funding on a per pupil basis. Schools receiving such
designations must provide centers that go beyond the regular school hours
where students can come and receive assistance in understanding and
completing their school work. Funds provided for these centers may be
used for salaries for certified teachers and for transportation costs.
Homework centers meeting the criteria established by the board shall
receive funds as appropriated by the General Assembly. For 1998-99, of
the funds appropriated for assessment, up to five hundred thousand dollars
shall be used for homework centers.
Section 59-18-1920. (A) The State Board of Education, through the
Department of Education, shall establish a grant program to encourage
school districts to pilot test or implement a modified school year or school
day schedule. The purpose of the grant is to assist with the additional
costs incurred during the intersessions for salaries, transportation, and
operations, or for additional costs incurred by lengthening the school day.
For a district to qualify for a grant, all the schools within a specific feeder
zone or elementary-to-middle-to-high-school attendance area, must be
pilot testing or implementing the modified year or day schedule. Districts
declared to be impaired will have priority in obtaining such grants.
(B) To obtain a grant, a district shall submit an application to the state
board in a format specified by the Department of Education. The
application shall include a plan for implementing a modified year or day
that provides the following: more time for student learning, learning
opportunities that typically are not available in the regular student day,
targeted assistance for students whose academic performance is
significantly below promotion standards, more efficient use of facilities
and other resources, and evaluations of the impact of the modified
schedule. Local district boards of trustees shall require students whose
performance in a core subject area, as defined in Section 59-18-300, is the
equivalent of a 'D' average or below to attend the intersessions or stay for
the lengthened day and receive special assistance in the subject area.
Funding for the program is as provided by the General Assembly in the
annual appropriations act. Each grant award for program pilot testing or
implementation may not exceed a three-year period.
Section 59-18-1930. The Education Oversight Committee shall
provide for a comprehensive review of state and local professional
development to include principal leadership development and teacher staff
development. The review must provide an analysis of training to include
what professional development is offered, how it is offered, the support
given to implement skills acquired from professional development, and
how the professional development enhances the academic goals outlined
in district and school strategic plans. The Oversight Committee shall
recommend better ways to provide and meet the needs for professional
development, to include the use of the existing five contract days for in
service. Needed revisions shall be made to state regulations to promote
use of state dollars for training which meets national standards for staff
development."
Findings
SECTION 3. Article 1, Chapter 24, Title 59 of the 1976 Code is
amended by adding:
"Section 59-24-5. The General Assembly finds that the leadership of
the principal is key to the success of a school, and support for ongoing,
integrated professional development is integral to better schools and to the
improvement of the actual work of teachers and school staff."
Assessment and development plans for administrators
SECTION 4. Sections 59-24-10 and 59-24-30 of the 1976 Code, as
last amended by Act 458 of 1996, are further amended to read:
"Section 59-24-10. Beginning with the school year 1999-2000, any
person prior to permanent appointment as a principal for any elementary
school, secondary school, or vocational center must be assessed for
instructional leadership and management capabilities by the Leadership
Academy of the South Carolina Department of Education. Districts may
appoint such persons on an interim basis until such time as the assessment
is completed. A report of this assessment must be forwarded to the
district superintendent and board of trustees. The provisions of this
section do not apply to any persons currently employed as principals on
the effective date of the provisions of this paragraph nor to any persons
hired as principals before the beginning of school year 1999-2000.
Section 59-24-30. All school administrators shall develop an on-going
individual professional development plan with annual updates which is
appropriate for their role or position. This plan shall support both their
individual growth and organizational needs. Organizational needs must
be defined by the districts' strategic plans or school renewal plans.
Individuals completing the assessment for instructional leadership will
develop their professional development plan on the basis of that
assessment. The Department of Education shall assist school
administrators in carrying out their professional development plans by
reviewing the school and district plans and providing or brokering
programs and services in the areas identified for professional
development."
Professional development
SECTION 5. Section 59-24-50 of the 1976 Code is amended to read:
"Section 59-24-50. By January 1, 1999, the South Carolina
Department of Education's Leadership Academy shall develop, in
cooperation with school districts, district consortia, and state-supported
institutions of higher education, continuous professional development
programs which meet national standards for professional development and
focus on the improvement of teaching and learning. By July 1, 1999,
programs funded with state funds must meet these standards and must
provide training, modeling, and coaching on effective instructional
leadership as it pertains to instructional leadership and school-based
improvement, including instruction on the importance of school
improvement councils and ways administrators may make school
improvement councils an active force in school improvement. The
training must be developed and conducted in collaboration with the
School Council Assistance Project."
Formal induction program
SECTION 6. Article 1, Chapter 24, Title 59 of the 1976 Code is
amended by adding:
"Section 59-24-80. Beginning with school year 1999-2000, each
school district, or consortium of school districts, shall provide school
principals serving for the first time as the head building administrators
with a formalized induction program in cooperation with the State
Department of Education. The State Board of Education must develop
regulations for the program based on the criteria and statewide
performance standards which are a part of the process for assisting,
developing, and evaluating principals employed in the school districts.
The program must include an emphasis on the elements of instructional
leadership skills, implementation of effective schools research, and
analysis of test scores for curricular improvement."
Contract status and rights retained; exceptions
SECTION 7. The 1976 Code is amended by adding:
"Section 59-24-15. Certified education personnel who are employed
as administrators on an annual or multi-year contract will retain their
rights as a teacher under the provisions of Article 3 of Chapter 19 and
Article 5 of Chapter 25 of this title but no such rights are granted to the
position or salary of administrator. Any such administrator who presently
is under a contract granting such rights shall retain that status until the
expiration of that contract."
Education Oversight Committee; membership; duties
SECTION 8. Section 59-6-10 of the 1976 Code is amended to read:
"Section 59-6-10. (A) In order to assist in, recommend, and supervise
implementation of programs and expenditure of funds for the Education
Accountability Act and the Education Improvement Act of 1984, the
Education Oversight Committee is to serve as the oversight committee for
these acts. The Education Oversight Committee shall:
(1) review and monitor the implementation and evaluation of the
Education Accountability Act and Education Improvement Act programs
and funding;
(2) make programmatic and funding recommendations to the General
Assembly;
(3) report annually to the General Assembly, State Board of
Education, and the public on the progress of the programs;
(4) recommend Education Accountability Act and EIA program
changes to state agencies and other entities as it considers necessary.
Each state agency and entity responsible for implementing the
Education Accountability Act and the Education Improvement Act funded
programs shall submit to the Education Oversight Committee programs
and expenditure reports and budget requests as needed and in a manner
prescribed by the Education Oversight Committee.
The committee consists of the following persons:
(1) Speaker of the House of Representatives or his designee;
(2) President Pro Tempore of the Senate or his designee;
(3) Chairman of the Education and Public Works Committee of the
House of Representatives or his designee;
(4) Chairman of the Education Committee of the Senate or his
designee;
(5) Governor or his designee;
(6) Chairman of the Ways and Means Committee of the House of
Representatives or his designee;
(7) Chairman of the Finance Committee of the Senate or his designee;
(8) Five members representing business and industry who must have
experience in business, management, or policy to be appointed as follows:
one by the Governor, one by the President Pro Tempore of the Senate, one
by the Speaker of the House, one by the Chairman of the Senate
Education Committee, and one by the Chairman of the House Education
and Public Works Committee; and
(9) Five members representing public education teachers and
principals to be appointed as follows: one by the Governor, one by the
President Pro Tempore of the Senate, one by the Speaker of the House,
one by the Chairman of the Senate Education Committee, and one by the
Chairman of the House Education and Public Works Committee.
Initial appointment must be made by July 31, 1998, at which time the
Governor or his designee shall call the first meeting. At the initial
meeting, a chairman elected from the members representing the business
and industry appointees and a vice chairman representing the education
members shall be elected by a majority vote of the committee. The
members appointed pursuant to items (1) through (7) may serve
notwithstanding the provisions of Section 8-13-770. Their terms of office
on the committee must be coterminous with their terms of office as
Governor or members of the General Assembly.
(B) The terms of office of the members of the Education Oversight
Committee, except for the legislative members, are four years and until
their successors are appointed and qualify except of those first appointed
the terms must be staggered as follows:
(1) initial terms of two years shall be served by the two members
of the business and industry community appointed by the chairmen of the
Education Committees;
(2) initial terms of three years shall be served by the members of the
education community appointed by the President Pro Tempore of the
Senate and the Speaker of the House; and
(3) all other voting members shall serve initial four-year terms. The
terms of chairman and vice chairman shall be two years. At the end of
each two-year term, an election must be held for the chairmanship and
vice chairmanship by majority vote of the members attending with
quorum present. No member shall serve more than four consecutive years
as chairman or vice chairman.
Members of the committee shall meet no less than once a quarter and
annually shall submit their findings and recommendations to the General
Assembly before March first of each fiscal year. The staff positions of the
Select Committee and the people presently in those positions initially
shall be transferred to the Education Oversight Committee as
administrative staff to carry out its functions."
Accountability division established
SECTION 9. Chapter 6, Title 59 of the 1976 Code is amended by
adding:
"Section 59-6-100. Within the Education Oversight Committee, an
Accountability Division must be established to report on the monitoring,
development, and implementation of the performance based
accountability system and reviewing and evaluating all aspects of the
Education Accountability Act and the Education Improvement Act.
The Education Oversight Committee will employ, by a majority vote,
for a contract term of three years an executive director for the
Accountability Division. The director must be chosen solely on grounds
of fitness to perform the duties assigned to him and must possess at least
the following qualifications: a demonstrated knowledge of public
education, experience in program evaluation, and experience in a
responsible managerial capacity. No member of the General Assembly
nor anyone who will have been a member for one year previously will be
contracted to serve as director. The director will have the authority to
employ, with the approval of the subcommittee, professional and support
staff as necessary to carry out the duties of the division, which shall be
separate from the administrative staff of the Education Oversight
Committee.
Section 59-6-110. The division must examine the public education
system to ensure that the system and its components and the EIA
programs are functioning for the enhancement of student learning. The
division will recommend the repeal or modification of statutes, policies,
and rules that deter school improvement. The division must provide
annually its findings and recommendations in a report to the Education
Oversight Committee no later than February first. The division is to
conduct in-depth studies on implementation, efficiency, and the
effectiveness of academic improvement efforts and:
(1) monitor and evaluate the implementation of the state standards and
assessment;
(2) oversee the development, establishment, implementation, and
maintenance of the accountability system;
(3) monitor and evaluate the functioning of the public education
system and its components, programs, policies, and practices and report
annually its findings and recommendations in a report to the commission
no later than February first of each year; and
(4) perform other studies and reviews as required by law.
The responsibilities of the division do not include fiscal audit functions
or funding recommendations except as they relate to accountability. It is
not a function of this division to draft legislation and neither the director
nor any other employee of the division shall urge or oppose any
legislation. In the performance of its duties and responsibilities, the
division and staff members are subject to the statutory provisions and
penalties regarding confidentiality of records as they apply to students,
schools, school districts, the Department of Education, and the Board of
Education.
Section 59-6-120. The State Department of Education, the State Board
of Education, and the school districts and schools shall work
collaboratively with the Division of Accountability to provide information
needed to carry out the responsibilities and duties of its office. The
Division of Accountability may call on the expertise of the state
institutions of higher learning and any other public agencies for carrying
out its functions and may coordinate and consult with existing agency and
legislative staff."
Task force
SECTION 10. When parents are involved with their children's
education, students achieve more, regardless of socio-economic status,
ethnic/racial background, or the parents' education level. The more
extensive the parent involvement, the higher level of the student
achievement. Therefore, the Education Oversight Committee shall
appoint a task force to review current state programs and policies for
parent participation in their children's education. The task force is to look
for ways to encourage and induce parents to oversee and support student
academic performance and behavior that contributes to academic
improvement. The membership of the task force should include: public
school educators from rural, urban, and suburban schools and districts;
parents of public school children; social service representatives; and a
juvenile justice representative. The task force must be appointed no later
than September 1, 1998, and shall provide its report and recommendations
to the Education Oversight Committee by October 15, 1999.
Phonics required
SECTION 11. Section 59-29-10 of the 1976 Code is amended to read:
"Section 59-29-10. The county board of education and the board of
trustees for each school district shall see that in every school under their
care there shall be taught, as far as practicable, orthography, reading,
writing, arithmetic, geography, English grammar and instruction in
phonics, the elements of agriculture, the history of the United States and
of this State, the principles of the Constitutions of the United States and
of this State, morals and good behavior, algebra, physiology and hygiene
(especially as to the effects of alcoholic liquors and narcotics upon the
human system), English literature, and such other branches as the state
board may from time to time direct."
Class size reduction; funding; facilities
SECTION 12. Title 59, Chapter 63 of the 1976 Code is amended by
adding:
"Section 59-63-65. School districts which choose to reduce class size
to fifteen to one in grades one through three shall be eligible for funding
for the reduced pupil-teacher ratios from funds provided by the General
Assembly for this purpose. Funding for schools in districts designated as
impaired or for schools rated as unsatisfactory on the accountability
ratings will receive priority in the distribution of funds. Funding for the
impaired district schools and schools ranked unsatisfactory will be
allocated based on the average daily membership in grades one through
three in those schools for implementing reduced class size of fifteen to
one in those grades. Other school districts will receive funding allocated
based on free and reduced lunch eligible students. Local match is
required for the lower ratio funding based on the Education Finance Act
formula. Boards of trustees of each school district may implement the
lower pupil-teacher ratios on a school by school, grade by grade, or class
by class basis. District boards of trustees implementing the reduced ratios
must establish policies to give priority to reduce the ratios in schools with
the highest number of students eligible for the federal free and reduced
lunch program, and these students must be given priority in implementing
the reduced class size. Unobligated funds from state appropriations which
become available to a district during a fiscal year shall be redistributed to
fund additional teachers on a prorated basis.
Districts choosing to implement the reduced class size must track the
students served in classes with a 15:1 ratio for three years so that the
impact of smaller class size can be evaluated. The Department of
Education, working with the Accountability Division, will develop a plan
for evaluating the impact of this initiative and report to the Education
Oversight Committee no later than December 1, 2001. School districts
must document the use of these funds to reduce class size and the State
Department of Education will conduct audits to confirm appropriate use
of class size reduction funding.
As used in this section, 'teacher' refers to an employee possessing a
professional certificate issued by the State Department of Education
whose full-time responsibility is instruction of students. Pupil-teacher
ratio is based on average daily membership.
Portable or other temporary classroom space may be used to meet any
facilities needs for reducing class size to fifteen to one, and
notwithstanding the provisions of Section 59-144-30, funding derived
from the Children's Education Endowment Fund may be used to acquire
such portable or temporary facilities."
Repeal
SECTION 13. Sections 59-6-12, 59-18-10, 59-18-11, 59-18-15,
59-18-20, 59-18-25, 59-18-30, and 59-18-31 of the 1976 Code are
repealed.
Copy of act to be provided
SECTION 14. The Department of Education must provide a copy of
this act to every district superintendent and school principal in this State.
References
SECTION 15. The Code Commissioner is directed to change all
references in the Code of Laws to the Select Committee so as to read the
Education Oversight Committee.
Time effective
SECTION 16. This act takes effect upon approval by the Governor.
Approved the 10th day of June, 1998. |