H 4399 Session 112 (1997-1998)
H 4399 General Bill, By Wilkins, Allison, Bailey, Barfield, Barrett, Battle,
Bauer, Beck, G. Brown, H. Brown, J. Brown, T. Brown, A.W. Byrd, Cato, Chellis,
Cooper, Cotty, J.L.M. Cromer, Dantzler, Davenport, Delleney, Edge, J.G. Felder,
Gamble, Harrell, Harrison, Harvin, Haskins, J. Hines, Hinson, M.H. Kinon, Kirsh,
Knotts, Koon, Lanford, Law, Limehouse, Littlejohn, Maddox, Martin, Mason,
McCraw, McGee, McKay, McMahand, J.D. McMaster, Meacham, Miller, Neilson,
Phillips, Quinn, Rhoad, Rice, Riser, Rodgers, Sandifer, Sharpe, D. Smith,
R. Smith, Spearman, Stille, E.C. Stoddard, Stuart, Townsend, Vaughn, Walker,
Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell
A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
EDUCATION, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE
AND ACCOUNTABILITY STANDARDS FOR SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO
ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES, TO
REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE STATE BOARD
OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF
THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS
AND AWARDS FOR SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS,
AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND
TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; AND TO REPEAL CHAPTER 6 OF
TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT
PROGRAM.
01/13/98 House Introduced and read first time HJ-53
01/13/98 House Referred to Committee on Education and Public
Works HJ-54
01/14/98 House Committee report: Favorable Education and Public
Works HJ-6
01/20/98 House Requests for debate-Rep(s). Townsend, Woodrum,
Byrd, Barrett, Howard, Scott, Stille, Martin,
Maddox, Stuart, Moody-Lawrence, Harrell, M.
Hines, Allison, Clyburn, Loftis, Leach, Tripp,
Haskins, Cato, Walker, Hamilton, HJ-20
01/20/98 House Requests for debate-Rep(s). Leach, Tripp,
Haskins, Cato, Walker, Hamilton, Littlejohn,
Mason, Vaughn, Stoddard, R. Smith, Altman & Law HJ-20
01/20/98 House Special order, set for Wednesday, January 21,
1998, following the call of the uncontested
calendar (Under H. 4443) HJ-21
01/21/98 House Amended HJ-26
01/21/98 House Debate interrupted HJ-45
01/22/98 House Amended HJ-20
01/22/98 House Debate interrupted HJ-48
01/27/98 House Amended HJ-354
01/27/98 House Debate interrupted HJ-368
01/27/98 House Member(s) request name removed as sponsor:
Kennedy HJ-347
01/28/98 House Amended HJ-33
01/28/98 House Read second time HJ-53
01/28/98 House Roll call Yeas-95 Nays-25 HJ-53
01/29/98 House Read third time and sent to Senate HJ-16
01/29/98 Senate Introduced and read first time SJ-7
01/29/98 Senate Referred to Committee on Education SJ-8
03/25/98 Senate Committee report: Favorable with amendment
Education SJ-9
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 25, 1998
H. 4399
Introduced by Reps. Wilkins, Townsend, Harrell, Haskins, Allison,
J. Hines, Hinson, D. Smith, R. Smith, Stuart, Walker, Limehouse,
Maddox, Spearman, Vaughn, G. Brown, Battle, Whatley, Barfield,
Barrett, Young-Brickell, Bailey, Meacham, Neilson, Rice, Bauer,
McCraw, Martin, Chellis, Rodgers, Delleney, Littlejohn, Stille,
Stoddard, Cato, J. Brown, Law, Cotty, Witherspoon, Kinon, Knotts,
Rhoad, Riser, Mason, Dantzler, Edge, McKay, Sandifer, Davenport,
McGee, Gamble, McMaster, Felder, Byrd, Lanford, Miller, Phillips,
Koon, McMahand, Kirsh, Quinn, Wilkes, Cromer, Cooper, Wilder,
Harvin, Harrison, H. Brown, Sharpe, Woodrum, Beck and T. Brown
S. Printed 3/25/98--S.
Read the first time January 29, 1998.
THE COMMITTEE ON EDUCATION
To whom was referred a Bill (H. 4399), to amend Title 59, Code of
Laws of South Carolina, 1976, relating to education, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety
and inserting:
/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 PERFORMANCE AND
ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND
LEARNING ACT; TO ESTABLISH GRADE SPECIFIC
STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS,
ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH
CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING,
AND ACCREDITATION OF SCHOOL AND STUDENT
PERFORMANCE IN REFERENCE TO THE STATEWIDE
ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH
AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT
AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS
OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM
INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH
CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR
EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO
REPEAL 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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act will be known and may be cited as the
"South Carolina Performance and Accountability for
Excellence in Teaching and Learning (Excel) Act".
SECTION 2. Chapter 18, Title 59 of the 1976 Code is amended
to read:
"Section 59-18-100. Declaration of Legislative Purpose.
The General Assembly finds that South Carolinians have the
widespread conviction that public education is vital; it is vital
because it enriches the human spirit, advances our society and
culture, and leads to better jobs. 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 meet state academic
standards. Accountability, as defined by this chapter, means
responsibility for both improving student performance and for taking
the necessary actions to improve classroom practice and school
performance.
The system is to:
(1) link the policies and criteria for performance standards,
accreditation, reporting, school rewards, and targeted assistance;
(2) use school and district accreditation and reporting to stress
academic performance and to maintain a focus on the search for
better ways to teach all students;
(3) provide an annual report card to furnish clear and specific
information about school and district academic performance and
other performance to parents and the public;
(4) require all districts to establish local accountability systems to
stimulate quality teaching and learning practices and to target
assistance to low performing schools;
(5) increase coordinated, quality technical assistance to districts;
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 59-18-110. The State Board of Education is directed to
adopt grade specific academic educational standards in the core
academic areas of mathematics, English/language arts, social studies
(history, government, economics, and geography), and science and
for grades nine through twelve to adopt specific academic standards
for benchmark courses in mathematics, English/language arts, social
studies, and science. 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.
Section 59-18-120. (A) Notwithstanding any other provision of
law, the State Board of Education, through the Department of
Education, is directed to develop a statewide assessment program to
measure student performance on state standards and: (a) identify
areas in which students need additional academic support; (b)
indicate the academic achievement for schools, districts, and the State
based on the academic standards established by the State Board of
Education; and (c) reduce additional assessments needed to satisfy
federal reporting requirements. The State Board of Education is
directed to develop standards based end of course assessments for
benchmark courses in grades nine through twelve.
While this legislation calls for assessment in the specific areas
mentioned above, this should not be interpreted in a manner that
diminishes the importance of foreign languages, visual and
performing arts, health, physical education and career/occupational
programs.
(B) 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 Select Committee,
established in Section 59-6-10, will undertake reviews of 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. As a part of the review, a task
force of parents, business and industry persons, community leaders,
and regular and special education educators must examine the
assessment program and course assessments to determine rigor and
relevancy. The review will be provided to the State Board of
Education and the State Department of Education as soon as feasible
after the field tests. The Department of Education will then report to
the Select Committee no later than one month after receiving the
reports on the changes made to the assessments to comply with the
recommendations.
(C) After review and approval by the Select 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 at the
end of grade ten. A standards based assessment will be developed for
grades one and two for use by schools and districts as deemed
appropriate by the local district officials. 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. After review and approval
by the Select Committee, the end of course assessments of
benchmark courses will be administered to all public school students
as they complete each benchmark course.
(D) The State Board of Education, through the State Department
of Education, shall adopt or adapt a first grade readiness test which
is linked to the adopted grade one academic standards. The first
administration of this test must occur no later than the 2000-2001
school year. The purpose of the test is to measure individual student
readiness and it is not to be used as an accountability measure at the
state level.
(E) All assessments required to be developed or adopted under the
provisions of this section or chapter must be objective and reliable.
An `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.
Section 59-18-130. The State Board of Education must establish
a cyclical review by academic area of the state standards and the
statewide assessment program and the assessment of benchmark
courses to ensure that the standards and assessments are maintaining
high expectations for teaching and learning. As a part of the review,
a task force of parents, business and industry persons, community
leaders, and educators must examine the assessment system to
determine rigor and relevancy. At a minimum, each academic area
should be reviewed and updated every four years. After each
academic area is reviewed, a report on the recommendations of the
task force and on the changes to be made to maintain high standards
must be presented to the Select Committee for its consideration.
After approval by the Select Committee, the recommendations may
be implemented.
Section 59-18-140. The State Board of Education, following the
recommendations of the Accountability Division of the Select
Committee, established in Section 59-6-40, and working with the
Department of Education, is directed to select a norm referenced test
to obtain an indication of student and school performance relative to
national performance levels. The test shall be administered to a
statistically valid random sample of students only as the division
considers necessary to evaluate the accountability system. Norm
referenced testing undertaken at the state level may not be used for
individual diagnostic purposes.
Section 59-18-150. The Department of Education is directed to
provide the assessment results 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
school assessment is to 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.
Section 59-18-155. 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 must reflect
the substance and level of performance outlined in the grade specific
educational standards adopted by the state board.
Section 59-18-160. (A) By November 1999, the State Board of
Education, working with the Department of Education, must
promulgate regulations based on recommendations of the
Accountability Division which outline the criteria to be used in the
school accreditation system which is based on:
(1) student academic performance standards;
(2) other student performance indicators and school progress in
meeting district and school goals and objectives; and
(3) implementation of state policies and initiatives.
Student academic performance will be given the greatest weight in
determining the level of accreditation to be awarded a school.
(B) The criteria to establish academic performance standards must
examine the actual performance level of the school and evaluate the
rate of improvement over time in meeting the state's standards. The
State Board of Education shall promulgate regulations establishing
a rating system which must be developed with five levels specified
so that school performance is clearly characterized in language that
parents and the public understand.
(C) Student performance indicators will be those considered useful
for assessing a school's performance and appropriate for the grade
levels within the school. Dropout rate must be included in the
indicators. In setting the standards for the academic standards and
the performance indicators, consideration must be given to
performance by subgroups of students in the school. In establishing
the criteria to be used, longitudinally matched student data and
measures using schools similar in student characteristics must be
considered. The performance standards and criteria must use
established guidelines for statistical analysis and build on current
data-reporting practices. The review of progress in meeting school
and district goals and standards will build on those outlined in the
school and district strategic plans. Not later than November 2000,
the State Board of Education, based on recommendations of the
division and working with the Department of Education, must define
the process to be followed for uniform collection of data.
(D) By November 2000, baseline standards must be established
and beginning with November 2001, annually, five levels for
accreditation must be defined, with schools to be designated as
successful, proficient, acceptable, on notice, and challenged based on
the criteria established by the state board. The State Board of
Education shall promulgate regulations establishing an accreditation
system for vocational centers and school districts similar to that
developed for the school accreditation system.
(E) The criteria, standards setting, and baseline standards for the
accreditation system must be reviewed by the Select Committee prior
to their establishment by the State Board of Education.
(F) Until the assessment and performance standards required by
this chapter are developed, the current program of testing and
assessments including BSAP testing shall continue to be used
through the 1998-99 school year.
Section 59-18-170. Annual reporting of performance and
accreditation.
(A) An annual report card on schools must provide consistent
reporting of performance for the individual elementary, middle, and
high schools and vocational centers of the State. The school's rating
on the academic performance standards must be emphasized and the
accreditation designation, and information on its significance for the
school and the district, must also be reported. A similar report card
for school districts must also be developed.
(B) The report card must include information on comparisons,
trends, needs, and performance over time which is helpful to parents
and the public in evaluating the school. This information should also
provide a context for the performance of the school. The report card
should include information in such areas as programs and curriculum,
school leadership, community and parent support, and faculty
qualifications. Where appropriate, the data should yield
disaggregated results when such a breakdown of particulars would
provide information to schools and districts in planning for
improvement. In addition, the report card must provide information
on the disciplinary climate in the school.
(C) 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 school's report
card must be furnished to parents and the public no later than
November fifteenth.
(D) Beginning in 2001 and annually thereafter, the Department of
Education must issue the report cards to the individual schools and
districts no later than November first. The format of the annual
reports on schools and districts must be determined by the
Accountability Division, working with the Department of Education.
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. The proposed format must be
reviewed by the staffs of the Senate and House Education committees
and the Select Committee.
(E) No later than June 1, 1999, the Accountability Division must
report on the development of the accreditation system criteria and the
report card to the Select 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. By September 1, 2000, a report on the development of
baseline data for the schools is due.
(F) Charter schools established pursuant to Title 59, Chapter 40
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 and accreditation designation.
Section 59-18-180. Recognition program for schools for
exceptional or improved performance.
The State Board of Education, working with the division and the
Department of Education, must establish the Palmetto Platinum,
Gold, Silver, and Bronze Award Program to recognize and reward
schools for academic achievement. Schools attaining high levels of
absolute performance will be given a Platinum or Gold Award.
Schools attaining high rates of improvement shall be given the Silver
or Bronze Award. The award program must base performance on
matched student data and must include such additional criteria as: (a)
student attendance; (b) teacher attendance; (c) student dropout rates;
and (d) any other factors promoting or maintaining high levels of
achievement and performance.
Schools and vocational centers must be rewarded according to
specific criteria established by the state board in consultation with the
division. In defining eligibility for a reward for high levels of
performance, student performance at all levels of achievement must
demonstrate improvement.
The State Board of Education must develop regulations that ensure
that the schools and vocational centers of the State utilize these
reward funds to improve or maintain exceptional performance
according to their school plans established in Section 59-139-10,
including 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 actual achievement for
three years immediately preceding.
Section 59-18-190. Exemptions from certain requirements for
exceptional performance.
(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 Minimum Program
provided that, during a three-year period, the following criteria are
satisfied:
(1) the school has twice been a recipient of a Palmetto Platinum,
Gold, Silver, or Bronze Award, pursuant to Section 59-18-180;
(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 Select 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 59-18-180 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 59-18-195. Notwithstanding any other provision of law,
a school designated as on notice or challenged while in such status is
given the flexibility of receiving exemptions from those regulations
and statutory provisions governing the Defined Minimum Program
or other State Board of Education regulations, dealing with the core
academic areas established in Section 59-18-110, provided that the
school's revised plan explains why such exemptions are expected to
improve the academic performance of the students and the plan meets
the criteria pursuant to Section 59-18-260.
Section 59-18-200. District Accountability Systems.
The State Board of Education, based on recommendations of the
division and working with the Department of Education, must
develop regulations requiring that no later than August 1999, each
school district, or consortium of school districts, must establish 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
of the accountability system established by the district. Principals
should be actively involved in the selection, discipline, and dismissal
of personnel in their particular school. The purpose of the district
system is 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 and, therefore, 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.
Section 59-18-210. Actions to be taken when a school is
designated `on notice' or `challenged'.
(A) When a school receives an accreditation designation of `on
notice' or `challenged', 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 is to identify the strategies the district will use to help
the school implement the improvement activities identified in the
revised plan.
(3) The district board of trustees must review and approve the
plan and delineate the support which the district will give the plan.
(4) After the approval of the revised plan, the principal's and
teachers' professional growth plans, as required by Section 59-20-40
and Section 59-24-40, should be reviewed and amended to reflect the
professional development needs identified and establish individual
improvement criteria on the performance dimensions for the next
evaluation.
(5) The school must inform the parents of children attending the
school of the accreditation designation 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 and is to be provided annually until a school
has received the accreditation designation of `acceptable' or above.
(B) The Department of Education must review the school's revised
plan to ensure it contains sufficiently high standards and expectations
of improvement. Should the department determine that the plan, the
district's strategies for assistance, or the time lines and goals require
further consideration, technical assistance must be provided the
school, the district, and the local board of trustees in the areas found
to need changes. Upon a review of the revised plan by the
Department of Education, the department is to delineate the activities,
support, services, and technical assistance it will provide to support
the school's plan and sustain improvement over time. Schools
meeting the criteria established pursuant to Section 59-18-260 will be
eligible for the grant programs created by that section.
Section 59-18-220. Additional actions to be taken when a school
is designated as `challenged'.
(A) When a school receives an accreditation designation of
`challenged' or when a low-performing school requests it, an external
review committee of at least three members must be assigned by the
Department of Education to examine school and district educational
programs, actions, and activities. The activities of the external
review committee may include:
(1) examine all facets of school operations, focusing on
strengths and weaknesses, to develop recommendations for
improving student performance with emphasis on needed changes in
the classroom;
(2) work with school staff, central offices, and local boards of
trustees in the design of the district's plan and implementation
strategies that can reasonably be expected to improve student
performance and increase the rate of student progress in that school;
(3) identify needed support from the district, the State
Department of Education, and other sources;
(4) identify personnel changes, if any, that are needed at the
school and/or district level and discuss such findings with the board;
(5) report its recommendations, no later than three months after
the school receives the designation of `challenged', to the school, the
district board of trustees and the State Board of Education; and
(6) report annually 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 to the local board of trustees and the state board.
(B) The external review committee shall be selected from
representatives from selected school districts, respected retired
educators, State Department of Education staff, and higher education
representatives.
(C) The Department of Education must review the
recommendations of the external review committee, the district plan,
and the school's revised plan to ensure it contains sufficiently high
standards and expectations of improvement. 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. Upon
the approval of the recommendations and the plans, the Department
of Education is to delineate the activities, support, services, and
technical assistance it will provide to support the district's and
school's activities. This assistance will continue for at least three
years, or as determined to be needed by the review committee to
sustain improvement, with the approval of the state board.
(D) If the recommendations approved by the state board, the
district's plan, or the school's revised plan are not satisfactorily
implemented by the `challenged' school 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 59-18-230. Specialist on site for schools `challenged'.
A Specialist on Site must be assigned to a school designated as
`challenged', if the review committee so recommends and is approved
by the State Board of Education. The specialist will assist the school
in gaining knowledge of best practices and well-validated
alternatives, demonstrate effective teaching, act as coach for
improving classroom practices, and give support and training to
identify critical questions regarding school improvement and
professional development. The specialist assigned to the school must
have expertise in an area identified as a weakness by the assessment
or the review committee. The specialist will work with the school
faculty on a regular basis throughout the school year and for up to
two years, or as recommended by the review committee and approved
by the state board, in order to sustain improvement.
The Department of Education, in consultation with the division,
shall develop a program for selecting and training exceptional
educators to serve as specialists on Site. Retired educators may be
considered for specialists. School districts are asked to cooperate in
releasing employees for full-time or part-time employment as a
Specialist on Site. To encourage and recruit teachers for assignment
to on notice and challenged 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.
The Department of Education, in consultation with the division,
shall develop a program for selecting and training exceptional
principals to serve as Principal Specialists on Site. Retired educators
may be considered for Principal Specialists. A Principal Specialist
may be assigned to a school designated as `challenged', if the review
committee so recommends and is approved by the State Board of
Education. The Principal Specialist will assist the school in gaining
knowledge of best practices and well-validated alternatives,
demonstrate effective leadership for improving classroom practices,
assist in the analyses of assessment data; and give support to identify
critical questions regarding school improvement and professional
development. To encourage and recruit principals for assignment to
on notice and challenged schools, those assigned to 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.
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 of the Code of Laws, 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 on notice or challenged
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.
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. 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.
Section 59-18-240. Certification credit for participation in
professional development related to `on notice' or `challenged'
schools.
Each teacher employed in schools designated as `on notice' or
`challenged' 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, the activities 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 59-18-250. Formal mentoring program for principals of
schools `on notice' or `challenged'.
Each principal employed in schools designated as `on notice' or
`challenged' must participate in a formal mentoring program with a
principal. The Department of Education shall design the mentoring
program and provide a stipend to those principals serving as mentors.
Section 59-18-260. Grants to schools designated as `on notice' or
`challenged'.
The State Board of Education, working with the Accountability
Division and the Department of Education, must establish grant
programs for schools designated as `on notice' and for schools
designated as `challenged'. A school designated as `on notice' 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 standards and
activities. A school designated as `challenged' 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,
prior to renewing 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
performance in the wise use of the 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.
The State Board of Education, working with the Department of
Education and with the approval of the Select 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 accreditation designations in Section 59-18-160 are
implemented. In developing the eligibility guidelines, the board
should consider criteria similar to that used in the impaired district
program, Section 59-18-30, in effect in 1997. 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.
Section 59-18-270. Actions to be taken when a school district is
designated as `on notice'.
(A) When a district receives an accreditation designation of `on
notice', 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 to
develop recommendations for improving student performance;
(2) work with schools' staffs, central offices, and local boards
of trustees in the design and implementation of a plan that can
reasonably be expected to improve student performance and increase
the rate of student progress;
(3) identify personnel changes, if any, that are needed at the
school and/or district level and discuss such findings with the board
of trustees;
(4) identify needed support from the Department of Education
and other sources; and
(5) report its recommendations, no later than three months after
the district receives the designation of `on notice', to the district board
of trustees and the State Board of Education.
(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 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 to the local
board of trustees and the state board.
(C) The review committee shall be composed of State Department
of Education staff and representatives from selected school districts,
higher education, and business.
(D) If the 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 `challenged', 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 59-18-280. State technical assistance to schools and
districts.
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 on-going peer review process for school and
district plans, including district and school accountability systems, to
ensure the plans contain strategies that can reasonably be expected to
improve student performance and increase the rate of student
progress;
(2) establish an on-going 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;
(3) provide information and technical assistance in understanding
state policies, how they fit together, and the best practice in
implementing them; and
(4) establish a process for monitoring information provided for
accreditation 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.
Section 59-18-290. Regional service centers established.
(A) To increase the delivery of quality technical assistance and
professional development, the State Board of Education, working
with the Select Committee and the Department of Education, shall
establish multi-school district regional centers for learning, teaching,
and school leadership. The purpose of the centers is to foster and
sustain improvement over time by providing coordinated support and
sustained, intensive training for teachers and principals that is based
on the specific needs of those schools and school districts included
in the centers and on the educational priorities of the State.
(B) There shall be no more than thirteen regional centers
established across the State. In forming the centers, the State Board
of Education must take into consideration the existing boundaries of
the Math and Science Hubs; however, the state board must also take
into consideration the boundaries and memberships of existing
voluntary district consortia and must consult with the school districts.
Where existing consortia agree, the regional centers must be merged
into the existing consortia structures. When the regional center is
merged into an existing consortium structure, the support provided by
the individual school districts to that consortium must continue at
least at the same level as prior to the merger. However, those groups
of districts which have boundaries of the Math and Science Hubs and
the Tech Prep Consortium that coincide may petition the State Board
of Education to become a regional center and that petition must be
granted. Each regional center shall have as its governing board the
district superintendents who shall serve as the designees of their
respective boards of trustees from the school districts to be served by
the regional center and at least one business and industry
representative from each school district elected by the members of
the Tech Prep executive board.
(C) These centers are empowered to hire a director and receive
state, local, and federal funds that have been assigned to the centers
by the member school districts and are also empowered to spend
those funds on behalf of the districts assigning those funds. The
centers are eligible to receive and expend funds from state and federal
governments, school districts, and other public or private sources.
Such funds shall be reported in the same manner as that required of
school districts. Center employees, who shall be hired by the director
with the approval of the governing board, shall be considered state
employees for the purposes of retirement and fringe benefits.
(D) Each regional center will provide coordinated curriculum
development and instructional planning assistance, professional
development which meets national standards for delivery, leadership
training, assistance with implementation of teacher and principal
evaluations, and such other services as needed and desired by the
schools and school districts within the center. The funding of the
realigned Math and Science Hubs and the Tech Prep Consortia shall
continue to be used for the purposes set forth by federal requirements
and the various state plans guiding the hubs and consortia; however,
the hubs' and Tech Prep Consortia's activities must be coordinated
with one another and with the needs and activities of the districts
within the regional center in accordance with the directives of the
center's governing board. The federal requirements for the various
advisory boards will be observed. In addition, the centers will serve
as technology service areas for technology training, assistance, and
information. Each school district within its consortium is entitled to
participate in those programs offered by the consortium but no
district is required to participate in any service.
(E) With the approval of the consortium governing board, the State
Department of Education may assign agency personnel to that
consortium. The centers may work in conjunction with consultants
and faculty from universities in the State. The technical colleges
must continue to work as partners in Tech Prep with the regional
centers in which they are located and with the school districts in that
regional center.
(F) The State Board of Education, working with the Select
Committee and the Department of Education, must develop such
policies and regulations as may be needed for the proper
administration of the regional centers. However, any policies and
regulations should preserve the independence of the regional centers
and their boards. The Department of Education must consider
reshaping its organization to focus its technical assistance and service
delivery through the regional centers.
(G) Five years after the establishment of the centers, the division
must evaluate their effectiveness. The purpose of the evaluation is to
determine the effectiveness of the centers in providing training and
technical assistance to the state's schools and school districts and to
ensure that each regional center is responsive to the needs of the
schools and districts it serves.
Section 59-18-400. 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, not
only for the future of the individual student but for the future of all
our citizens. A special committee appointed by the Select
Committee, and working with it, representing business, industry, and
education shall plan and oversee development of the campaign,
including public service announcements for the media and such other
avenues as deemed appropriate for informing the public. Private
individuals and groups are asked to contribute to this endeavor. The
Select Committee, established in Section 59-6-10, may accept such
donations and grants; for every two dollars donated by private
individuals or groups for this purpose, the State shall contribute one
dollar, from the state general fund, up to five hundred thousand
dollars. All such funds so received by the Select Committee must be
used by the committee for its appropriate purposes provided by law.
Section 59-18-500. The State Board of Education, working with
the Department of Education and the Select Committee, shall
promulgate regulations to fund no more than forty-six alternative
schools, one in each county. Districts are authorized and encouraged
to cooperate in funding the alternative school. 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.
To be eligible for funding the school district(s) 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 leaning 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 should such
a transfer occur; and
(7) a process for community involvement and support.
The district(s) 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. Base funding for the
alternative school shall be provided as available from the General
Assembly.
Section 59-18-600. The Department of Education, in consultation
with the division, shall develop a program to provide a supplemental
salary to teachers in the core academic areas defined in Section
59-18-110, who are selected to teach in schools designated as on
notice or challenged beginning with school year 2000-2001. The
supplement will be equal to twenty percent of the southeastern
average teachers salary and the funding will be distributed per
eligible teacher by experience and degree obtained and on the EFA
formula. 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 of the Code of Laws, 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.
Section 59-18-700. The State Board of Education shall establish
grant programs to fund homework centers in schools and districts
designated as on notice or challenged. Schools and districts receiving
such designations must provide centers where students can come and
receive assistance in understanding and completing their school
work. For homework centers meeting the criteria established by the
board, funds will be provided as appropriated by the General
Assembly.
Section 59-18-800. 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 schedule. The purpose of the grant is to assist with the
additional costs incurred during the intersessions for salaries,
transportation, and operations. 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 schedule.
Section 59-18-810. 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 calendar 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 such as English/ language arts,
science, mathematics, or social studies is rated to be the equivalent of
a 'D' average or below to attend the intersessions and receive special
assistance in the subject area and must outline other options the
student must meet in order to qualify for promotion should the
student not attend the intersession as required. Funding for the
program is as provided by the General Assembly in the annual
appropriation act. Each grant award for program pilot testing or
implementation may not exceed a three-year period."
Review of professional development regulations.
SECTION 3. The State Board of Education, working with the
Department of Education, must review the regulations regarding
professional development and revise them so they promote the use
of state dollars for training which meets national standards for staff
development.
Review of state assisted programs and policies for professional
development.
SECTION 4. The division must conduct a review of the current
organization and structure for state assisted programs and policies for
professional development. The review is to take into consideration
the research on effective programs and to recommend better ways to
provide and meet the needs for professional development, including
the use of the five contract days for in service.
Principal Leadership Development.
SECTION 5. Article 1, Chapter 24, Title 59 of the 1976 Code
is amended by adding:
"Section 59-24-5. Legislative Findings.
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."
SECTION 6. Sections 59-24-10 and 59-24-30 of 1976 Code are
amended to read:
"Section 59-24-10. Beginning with the school year
1999-2000, any person who is under consideration for
appointment as a principal for any elementary school, secondary
school, or vocational center must be assessed for instructional
leadership and management capabilities by the Assessment
Center Leadership Academy of the South Carolina
Department of Education and a personal professional development
plan constructed on the basis of that assessment prior to or within one
year of the date such appointment is made. A report of this
assessment must be forwarded to the district superintendent. 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 1996-97 1999-2000.
Section 59-24-30. All school administrators shall develop
annually or update 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. 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 area of areas
identified for professional development."
SECTION 7. Section 59-24-50 of the 1976 Code is amended to
read:
"Section 59-24-50. The 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, new training programs and expand current training
programs available to present and prospective school administrators
with particular emphasis on effective instructional leadership
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 By January 1,
1990, these training programs must include an emphasis 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."
SECTION 8. Article 1, Chapter 24, Title 59 of the 1976 Code
is amended by adding:
"Section 59-24-80. Formal induction program for first year
principals.
Beginning with school year 1999-2000, each school district, or
consortium of school districts, shall provide school principals serving
for the first time as 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
leader skills, implementation of effective schools research, and
analysis of test scores for curricular improvement."
SECTION 9. Section 59-6-10 of the 1976 Code is amended to
read:
"Section 59-6-10. Oversight Committee.
In order to assist in, recommend, and supervise implementation of
programs and expenditure of funds for the Performance and
Accountability for Excellence in Teaching and Learning (Excel) Act
and the Education Improvement Act of 1984 there is created
a the Select Committee is to serve as the
oversight committee for the act these acts. The Select
Committee shall:
(1) review and monitor the implementation and evaluation of
Excel and Education Improvement Act programs and funding;
(2) make programmatic and funding recommendations to the
General Assembly;
(3) report annually to the General Assembly on the progress of the
programs;
(4) recommend Excel Act and EIA program changes to
state agencies and other entities as it considers necessary.
Each state agency and entity responsible for implementing the
Performance and Accountability for Excellence in Teaching and
Learning Act and the Education Improvement Act funded
programs shall submit annually to the Select Committee
programs and expenditure reports and budget requests as needed
and in a manner prescribed by the Select Committee.
The committee consists of the following persons:
(1) Speaker of the House of Representatives or his designee and
a member of the House of Representatives appointed by the Speaker;
(2) Lieutenant Governor President Pro Tempore
or his designee and a member of the Senate appointed by the
Lieutenant Governor President Pro Tempore;
(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) State Superintendent of Education or his designee;
(6) Chairman of the Commission on Higher
Education or his designee;
(7 5) Governor or his designee and a
member appointed by the Governor;
(8 6) Chairman of the Ways and Means Committee
of the House of Representatives or his designee;
(9 7) Chairman of the Finance Committee of the
Senate or his designee;
(8) Four members representing business and industry who
must have experience in business, management, or policy to be
appointed as follows: two by the Governor, one by the Chairman of
the Senate Education Committee, and one by the Chairman of the
House Education and Public Works Committee;
(9) Four members representing education who shall be the State
Teacher of the Year and the State Principal of the Year from the prior
two school years. The principal membership shall rotate among the
elementary, and high school principals of the year.
A member of the General Assembly shall serve as chairman.
Any new appointees to the committee must be made no later than
July 1, 1998.
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
committee shall hire administrative staff as necessary to carry out its
functions."
SECTION 10. Chapter 6, Title 59 of the 1976 Code is amended
by adding:
"Section 59-6-100. Establishment of division for
monitoring.
Within the Select 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 Excel Act. A
subcommittee of seven members of the Select Committee (the four
members representing business and industry, one appointed by the
Governor from the members of the committee, and two appointed by
the chairman, one from the members appointed from the Senate and
one from the members appointed from the House of Representatives)
will serve to advise and coordinate on a regular basis the work of the
Accountability Division. The subcommittee must elect its chair from
one of the business and industry representatives. The division will
provide information, recommendations, and an assessment of the
Excel Act to the Select Committee annually.
The division will employ, by a majority vote of the subcommittee,
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 Select Committee.
Section 59-6-110. The division must examine the public education
accountability system and the EIA 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 biannually its findings and
recommendations in a report to the Select Committee no later than
February first. The division is to expand the ability to evaluate the
system and to conduct in-depth studies on implementation,
efficiency, and the effectiveness of academic improvement efforts as
they relate to Excel and submit reports containing its findings and
recommendations, as needed, to the Select Committee.
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 it duties and responsibilities, the division and
staff members are subject to the statutory provisions and penalties
regarding confidentiality of records as they apply to schools, school
districts, the Department of Education, and the Board of Education.
Section 59-6-120. For the purposes of carrying out its duties and
responsibilities, the Accountability Division shall have access to the
records and facilities of the Department of Education, the State Board
of Education, and the school districts and schools during regular
operating hours. The division may call on the facilities and expertise
of the state institutions of higher learning and any other tax supported
agencies for use by the division in carrying out its functions and may
coordinate and consult with existing agency and legislative
staff."
SECTION 11. 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 Select 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 Select Committee by October
15, 1999.
SECTION 12. The Select Committee will study the foundation
program, which has not been changed since 1973, review the cost of
providing the base student program, and the weights used to
recognize the relative costs associated with providing services to
pupils participating in different educational programs. As a part of
the study, the Select Committee will examine the cost of providing
alternative schools and recommend an appropriate weighting to be
included in the Education Finance Act for students served in these
schools. The committee shall report it findings to the General
Assembly no later than September 1, 1999.
SECTION 13. 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."
SECTION 14. Title 59, Chapter 63 of the 1976 Code is amended
by adding:
"Section 59-63-65. School districts which choose to reduce
class size in full day kindergarten programs and in grades one
through grade three shall be eligible for funding for the reduced
pupil-teacher ratio as funds are made available from the General
Assembly. 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 ratio on a
school by school basis but must attain an average district
pupil-teacher ratio of fifteen to one based on average daily
membership in each grade within three years of beginning the
reduction in class size in that grade.
Funding for the lower pupil ratio will be made available as follows:
(1) beginning with school year 1998-99, for kindergarten;
(2) beginning with school year 1999-2000, for grade one;
(3) beginning with school year 2000-2001, for grade two;
(4) beginning with school year 2001-2002, for grade three.
The pupil-teacher ratio required is this section is based on the
district average daily membership in each grade; however, it is the
intent of the General Assembly that this ratio be implemented as
much as possible on a school and class basis. District boards of
trustees implementing the reduced ratio on a school by school basis
shall 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 shall be given priority in
implementing the reduced class size. Unobligated funds which
become available during the fiscal year will be redistributed to fund
additional teachers on a prorated basis."
SECTION 15. Any additional expense created by programs or
actions required by the State to comply with this act must be paid for
by the State on the EFA formula, if the state board, working with the
Department of Education, has reviewed the cost and certified that it
is accurate and due to compliance with this act.
SECTION 16. Section 59-6-12 of the 1976 Code is repealed.
SECTION 17. Sections 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.
SECTION 18. The Department of Education must provide a copy
of this act to every district superintendent and school principal in this
State.
SECTION 19. The catch line headings, or captions, which
immediately follow the section designations, or those that
immediately precede a SECTION that has not been designated a
Code section within Title 59, are for informational purposes only and
must not be used to construe the sections more broadly or narrowly
than the text of the sections would indicate. The catch lines, or
captions, are not part of the law.
SECTION 20. This act takes effect upon the approval by the
Governor./
NIKKI G. SETZLER, for Committee.
A BILL
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING
CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA
PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR
SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO
ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS
FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF
CERTAIN STATE EDUCATION STANDARDS BY THE STATE
BOARD OF EDUCATION, AND CREATE AN ASSESSMENT
SYSTEM TO MONITOR THE ATTAINMENT OF THESE
STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS,
PERFORMANCE INDICATORS AND AWARDS FOR SCHOOLS,
TO PROVIDE ASSISTANCE FOR POORLY PERFORMING
SCHOOLS, AND TO PROVIDE A STATE-FUNDED PROGRAM
OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR
THEIR PROFESSIONAL DEVELOPMENT; AND TO REPEAL
CHAPTER 6 OF TITLE 59 RELATING TO MONITORING
IMPLEMENTATION OF THE EDUCATION IMPROVEMENT
PROGRAM.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 8
Performance and Accountability
Standards for Schools
Article 1
General Provisions
Section 59-8-100. This chapter is known and may be cited as the
'South Carolina Performance and Accountability Standards for
Schools (PASS) Act'.
Section 59-8-110. 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 create a system of accountability for
public education which focuses on equipping students with a strong
academic foundation by emphasizing teaching and learning.
Accountability is defined by this chapter to mean acceptance of the
responsibility of improving student 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 to ensure that students are equipped
with a strong academic foundation.
Section 59-8-120. The South Carolina Performance and
Accountability Standards for Schools Act shall:
(1) use academic achievement standards to push schools and
students toward higher performance;
(2) align state assessment to the academic achievement standards;
(3) develop a performance indicator system that is logical,
reasonable, fair, challenging, and technically defensible;
(4) report useful information about what is happening in schools;
(5) seek to strengthen classrooms in order to improve schools;
(6) provide resources to strengthen the process of teaching and
learning in the classroom to improve student performance and reduce
gaps in performance; and
(7) support professional development as integral to improvement,
to the actual work of teachers and school staff.
Section 59-8-130. As used in this chapter:
(1) 'Commission' means the Performance and Accountability
Standards for Schools Commission as established in Section
59-8-300.
(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 grade' means the grade a school will receive based
on the percentage of students meeting standard on the state's
standards based assessment.
(9) 'Improvement grade' means the grade 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) 'Office of Research and Development' means the special unit
within the commission established in Section 59-8-320.
Article 3
Oversight and Monitoring
Section 59-8-300. (A) In order to provide oversight for the
implementation, monitoring, and evaluation of this chapter and the
Education Improvement Act of 1984, there is created the
Performance and Accountability Standards for Schools (PASS)
Commission. The commission shall:
(1) provide oversight of implementation and evaluation of this
chapter;
(2) make recommendations for amendments or repeal of any
part of this chapter;
(3) report annually to the Governor, the General Assembly,
State Board of Education, and the public on the progress of this
chapter;
(4) make program or policy recommendations to state agencies
and other entities as it considers necessary.
(B) The PASS Commission also shall:
(1) review and monitor Education Improvement Act (EIA)
programs and their funding;
(2) report as needed to the General Assembly on the progress
of any programs effecting the accountability system;
(3) recommend EIA and other program changes to state
agencies and other entities as it consider necessary.
Section 59-8-310. (A) The membership of the commission shall
consist of fifteen members as follows:
(1) two nonlegislative at-large members appointed by the
Governor;
(2) two members of the Senate appointed by the President Pro
Tempore of the Senate;
(3) two members of the House of Representatives appointed by
the Speaker of the House of Representatives;
(4) four nonlegislative members representing the business and
industry community with the Governor, Speaker of the House of
Representatives, President Pro Tempore of the Senate, and State
Superintendent of Education each making one such appointment.
The business appointees must have experience in business,
management, or policy and a knowledge of public education;
(5) four nonlegislative members representing the public
education community with the Governor, Speaker of the House of
Representatives, President Pro Tempore of the Senate, and State
Superintendent of Education each making one such appointment;
(6) one member shall represent the Council of College
Presidents and the Independent Colleges and Universities, Inc. and
shall be appointed by the Governor upon the recommendation of the
chairmen thereof. This position on the commission shall be rotated
every four years between the two above entities;
(7) The members appointed pursuant to items (2) and (3) may
serve notwithstanding the provisions of Section 8-13-770. Their
terms of office on the commission must be coterminous with their
terms of office as members of the General Assembly.
(B) The terms of office of the members of the PASS Commission,
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 and the two
members of the education community appointed by the Governor and
the State Superintendent of Education, respectively;
(2) initial terms of three years shall be served by the at-large
members appointed by the Governor; and
(3) all other voting members shall serve initial four year terms.
(C) The following shall serve as ex officio, nonvoting members
of the commission:
(1) State Superintendent of Education or his designee;
(2) Chairman of the State Board of Education or his designee;
(3) Chairman of the Commission on Higher Education or his
designee.
(D) Initial appointments 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 shall be elected by a majority vote of the
members attending with quorum present. A quorum is defined as
having a majority of the number of voting members present. The term
of chairman shall be two years. At the end of each two-year term, an
election must be held for the chairmanship by majority vote of the
members attending with quorum present as defined above. No
member shall serve more than four consecutive years as chairman.
Other officers as considered necessary also may be elected by the
commission.
Section 59-8-320. A special unit to be known as the Office of
Research and Development shall be established within the
commission. The office's responsibilities shall include planning,
monitoring, reviewing, and evaluating all aspects of this chapter and
the EIA and providing staff support to the commission. The Office
of Research and Development shall provide information,
recommendations, and assessment of this chapter to the commission.
Section 59-8-330. The commission shall employ an executive
director for the Office of Research and Development. Selection of
the executive director shall be made upon approval by a majority of
the membership of the PASS Commission. No member of the
General Assembly nor anyone else who has been a member of the
commission within the past year may be employed as executive
director. The executive director shall have the authority, with the
approval of the commission, to employ and dismiss professional and
support staff as necessary to carry out the duties of the office.
Section 59-8-340. The Office of Research and Development shall
examine the public education system to ensure that the system and its
components are functioning so that student learning is enhanced and
shall recommend the repeal or modification of laws, policies, and
rules or regulations that deter school improvement. The
responsibilities and duties of the Office of Research and
Development are:
(1) to monitor and evaluate the implementation of the State
standards and assessment;
(2) to oversee the development, establishment, implementation
and maintenance of the accountability system;
(3) to evaluate the accountability system and its various parts and
programs and report annually its findings and recommendations in a
report to the commission no later than February first of each year.
(4) to monitor and evaluate the functioning of the public
education system and its components, programs, policies, and
practices as they relate to this chapter and to submit reports
containing its findings and recommendations, as needed, to the PASS
Commission and;
(5) to perform other studies and reviews as required by law.
Section 59-8-350. The responsibilities of this Office of Research
and Development may not include fiscal audit functions or funding
recommendations except as they relate to accountability.
Section 59-8-360. In the performance of its duties and
responsibilities, the Office of Research and Development and staff
members are subject to the provisions of law and penalties regarding
confidentiality of records as they apply to students, schools, school
districts, the Department of Education, and the Board of Education.
Section 59-8-370. The State Department of Education, the State
Board of Education, and the school districts and schools shall work
collaboratively with the Office of Research and Development to
provide information needed to carry out the responsibilities and
duties of its office. The Office of Research and Development 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.
Article 5
State Standards and Assessment System
Section 59-8-500. The State Board of Education is directed to
adopt specific performance-oriented state education standards in the
core academic areas of mathematics, English/language arts, science,
and social studies (history, government, economics, and geography)
for kindergarten through twelfth grade whose elements 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.
These standards must have depth 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. The purpose of these
standards are to guide classroom instruction and to prepare students
for state, national, and international assessments.
Section 59-8-510. The commission shall provide for a cyclical
review by academic area of the state standards to ensure that the
standards are maintaining high expectations for learning and
teaching. All academic areas must be initially reviewed by the year
2005. The review with recommended revisions must be provided to
the State Board of Education.
Section 59-8-520. (A) Notwithstanding any other provision of
law, the State Board of Education, through the Department of
Education, is directed to develop, select, or adapt an objective and
reliable statewide assessment program for grades two through eight,
objective and reliable end of course tests for gateway courses in
English/language arts, mathematics, science, and social studies for
grades nine through twelve, and an objective and reliable exit exam
as referenced in Section 59-30-10(f) designed to measure student
performance on state standards and which shall:
(1) identify areas in which students need additional support;
(2) indicate the academic achievement for schools, districts,
state; and
(3) satisfy federal reporting requirements.
Regular testing in the subject areas of science, mathematics,
English/language arts, and social studies, is not to be construed as
lessening the importance of foreign languages, visual and performing
arts, health, physical education, and career/occupational programs.
(B) The standards based assessment must be administered to all
public school students as defined by the 1997 reauthorization of the
Federal Individuals with Disabilities Education Act and Title 1 at the
end of grades two through eight, end of course tests for grades nine
through twelve, and the exit examination must be administered for
the first time at the end of grade ten. These assessments must be
administered as late as possible in the school year but early enough
to allow preliminary assessment data to be received by the schools
annually no later than May fifteenth of each year. The State Board
of Education shall establish a composite performance standard for
each test administered.
Section 59-8-525. Any new standards 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 PASS Commission.
Section 59-8-530. The Department of Education is directed to
provide longitudinally matched student data from the standards based
assessments and disaggregated state assessment data to the schools
and districts of the State. This data must be provided to the schools
and districts annually and be sufficient to inform teachers fully of
student performance and differences in performance among various
subgroups. Data also must be presented in such a format that parents
understand both school and individual student performance. Schools
and districts shall be responsible for disseminating this information
to parents.
Section 59-8-540. After the first statewide field test of the
assessment, the commission shall review the assessment for
alignment with the state standards, difficulty and validity, particularly
content validity and high standards, and for its ability to differentiate
levels of achievement and shall make recommendations for needed
changes, if any, to the assessment system. The review must be
provided to the State Board of Education, State Department of
Education, the Governor, the Senate, and House of Representatives.
The Department of Education then shall report to the commission and
these committees the changes made based on the recommendations
to the assessment system.
Section 59-8-550. 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 2000-2001 school
year. The results of these tests may not be used to determine the
absolute or improvement grade for a school.
Section 59-8-560. The State Board of Education, through the
commission, is directed to select a norm referenced test to provide
comparisons of South Carolina students' achievement in relation to
other students in the United States and around the world. The test
must be administered to a statistically valid random sample of
students in at least five grades from grades 2 through 12 to give an
accurate portrayal of student achievement in relation to other states.
The commission shall determine an appropriate sampling plan for the
norm referenced test that must be administered beginning in the
1998-99 school year. Student performance data from national and
international assessments, as available and as defined by the
commission, must be used to monitor the rigor of the state standards.
Section 59-8-570. 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 59-8-580. Beginning in the 1999-2000 school year, any
student in grades two through eight who fails to meet the composite
performance standard established by the State Board of Education on
the state assessment must be retained in his current grade or may be
provided academically based options for promotion to the next grade
upon appeal to the local district board of trustees. Options districts
may choose from must be established by the commission. However,
districts may submit additional options to retention to the commission
for approval. All options for the following school year must be
submitted by April first of each year. The commission shall rule on
submitted options within sixty days.
Article 7
Report Cards and Indicators
Section 59-8-700. (A) The commission, working with the State
Board of Education, is directed to establish an annual report card and
its format for elementary, middle, and high schools and school
districts. The annual report card for districts and schools must serve
at least four purposes:
(1) to inform parents and the public about the school's status;
(2) to assist in the identification of strengths and weaknesses
within a particular school;
(3) to reward schools for high performance; and
(4) to evaluate and focus resources on schools with low
performance.
(B) The report card must describe the educational achievement
relative to student performance on academic assessments, include
performance indicators which identify areas in which improvement
may be desirable or necessary and which lead to increased academic
achievement, and contain an annual narrative of the school's progress
written by the principal in conjunction with the School Improvement
Council. The narrative must cite factors or activities supporting
progress and barriers which inhibit progress. The format of the report
card must include the state grading scale, the school's numerical
score, and the equivalent letter grade. The report card must contain
a school's current year numerical score and letter grade as well as the
previous four years information as applicable, and must contain other
criteria including, but not limited to, information on promotion and
retention ratios, disciplinary incidents, expulsions, dropout ratios,
student and teacher ratios, and attendance data. 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.
Section 59-8-710. The commission shall develop a comprehensive
set of school achievement measures and performance indicators to be
published in the annual report card and used to analyze schools'
performances. Where appropriate, the indicators should yield
disaggregated results. The commission shall consider indicators that
provide data in such areas as academic achievement; teachers and
administrators; teaching and learning; evaluation of the school by the
parents, teachers, and students; curriculum; resources; and attendance
to include excused and unexcused student absences.
Section 59-8-720. The report card must focus on the academic
performance of students in each school by considering information
on student progress and meeting academic standards in core subject
areas. The student academic performance measures and, where
appropriate, other measures, must be given an absolute and
improvement grade. The absolute grade must be based on the
percentage of students meeting standard on the state assessment as
established by the State Board of Education. The improvement grade
must be derived from longitudinal matched student data comparing
current performance to the previous year's performance for the
purpose of determining student academic growth.
Section 59-8-730. The commission, working with the State Board
of Education, shall determine the criteria for measuring school and
district absolute and improvement performance using the rating scale
of 'A' through 'F'. 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 grade of the school.
Section 59-8-740. Beginning in 1999, the Department of
Education shall issue report cards to elementary schools, middle
schools, and districts of the State on absolute performance measures
and indicators no later than November fifteenth. Beginning in 2000,
and annually thereafter, the Department of Education shall issue
report cards to elementary schools, middle schools, and districts with
both absolute and improvement measures, and indicators. Beginning
in 2001, the Department of Education shall issue report cards to high
schools of the State on absolute performance measures and indicators
no later than November fifteenth. Beginning in 2002, and annually
thereafter, the Department of Education shall issue report cards to all
schools and districts of the State with absolute measures,
improvement measures, and indicators.
Section 59-8-750. If a school receives an 'F' for its absolute grade
on its report card for any year, the students at that school may at their
option transfer to any other school within the district. If a district has
only one elementary, middle, or high school and it received an 'F' for
its absolute grade or if all such elementary, middle, or high schools
in the district received an 'F', the students at those schools may at
their option transfer to a school in an adjoining school district and the
adjoining district must accept these students as long as space is
available. Applicable state and federal funding per student shall
follow the students to the adjoining districts. These students may
remain at the school to which they transferred until they finish the
highest grade offered at that school.
Article 9
Local Accountability Plans
and School Awards
Section 59-8-900. The board of trustees of each school district
shall ensure that a district accountability plan be developed,
reviewed, and revised annually for the purpose of guiding district and
school staff in improving the academic performance of all students.
School districts having accountability plans must review their plans
to ensure they reinforce the state accountability system. Parents,
teachers, and principals shall be involved in the development, review,
and revisions of the district's accountability plan. Accountability
plans must be incorporated in school and district strategic plans. The
plan must address criteria set forth by the commission to include, but
not be limited to, rewards, sanctions, and local support and resources
targeted to schools in need of improvement. The department 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
commission for approval. School districts not having an approved
plan by August 1, 1999, shall be provided a plan by the department
within ninety days.
Section 59-8-910. The State Board of Education shall establish a
state Palmetto Gold, Silver, and Bronze Award Program of
recognition and reward for schools with high levels of absolute
performance and high rates of improvement based on longitudinally
matched student data and any other factors promoting or maintaining
high levels of achievement and performance. Schools shall be
rewarded according to specific criteria established by the
commission. No school is eligible for a reward unless the student
achievement performance standard is met. The State Board of
Education shall promulgate regulations that ensure that the districts
of the State utilize these funds to improve or maintain exceptional
performance in the schools.
Article 11
Assistance for Poorly Performing Schools
Section 59-8-1100. (A) For those schools which want to
improve or because of poor results must improve, transformational
actions must be implemented. These actions must be accompanied
by targeted long-term technical assistance depending upon the degree
of weak school performance.
(B) Any year a school is considered at the 'D' level as defined by
the commission, the following actions must occur:
(1) the local board of trustees, in consultation with the
superintendent and the school principal, shall review the school's
strategic plan to determine if the plan focuses on strategies to increase
student academic performance and is being appropriately
implemented;
(2) if needed, amendments must be made to the school strategic
plan which addresses academic deficiencies, and the district board
and superintendent must delineate the support and strategies which
the district shall give the plan;
(3) the school, in conjunction with the district board, must
inform the parents of children attending the school that the school has
not met standards by advertising the results of the report card and
the strategies outlined in their improvement plan to improve student
performance 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
grade and improvement grade on student academic performance, and
strategies which must be taken by the district and school to improve
student performance; and
(4) technical assistance may be requested from the department
in the execution of the strategic plans.
Section 59-8-1110. Any year a school is considered at the 'F'
level as defined by the commission, the following actions, in addition
to the actions for a 'D' level, must occur:
(1) a caretaker team of an equal number of parents from the
district and educators for on-site review and targeted long-term
technical assistance shall be appointed by the department to
determine 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.
The caretaker team may also make recommendations concerning the
continuation of employment of the school's administration, faculty,
and staff. The commission in consultation with the State Department
of Education shall develop the criteria for the identification of
persons to serve as members of a caretaker team; the parent members
of the caretaker team must be appointed pursuant to
recommendations of the district's School Improvement Council so
that a cross-section of each district is represented on the team;
(2) teachers may apply to be considered for selection by the
department to provide support in linking research-based best
practices to the classroom. Schools may hire teachers receiving
incentive funding as defined in Section 59-8-1310 at a rate of one
teacher for each grade level with a maximum of five. These teachers
shall be hired under three-year teaching and teacher-mentoring
contracts for extended work in school improvement. However, an
annual review of school-wide assessment results must indicate a level
of improvement as defined within the contract that warrants
continuation of the contract. In order to attract a pool of qualified
applicants, the commission, in consultation with the State Department
of Education shall develop the criteria for the identification of
teachers with a history of exemplary student academic achievement
for the state-funded incentive program. In addition to teaching
duties, these teachers must work with individual members of faculties
in assigned schools emphasizing needed changes in classroom
instructional strategies based upon analyses of assessment data;
support teachers in acquiring new skills designed to increase
academic performance; participate as a member of the caretaker
team; and mentor teachers throughout the contract term;
(3) intensive professional development for the purpose of
assisting teachers and principals in implementing the strategies
defined by the caretaker team must be provided; and
(4) upon a review of the recommendations made by the caretaker
team, the department shall delineate the activities, support, services,
and technical assistance it will provide to the school.
Article 13
Incentives and Professional Development
Section 59-8-1300. In order to attract a pool of qualified
applicants to work in low-performing schools, the commission, in
consultation with the Leadership Academy of the South Carolina
Department of Education shall develop criteria for the identification
of principals with a history of exemplary student academic
achievement for the state-funded incentive program. Local school
districts may hire principals, who have agreed to participate, from
this pool to fill existing vacancies for three-year leadership contracts
in order to link research-based best practices to the school and
classroom and to accelerate student achievement gains. However, an
annual review of school wide assessment results must indicate a level
of improvement as defined within the contract that warrants
continuation of the contract. These principals shall be identified by
the Leadership Academy in consultation with the commission.
These principals must work with individual members of faculties in
assigned schools emphasizing needed changes in classroom
instructional strategies based upon analyses of assessment data;
support teachers in acquiring new skills designed to increase
academic performance; participate as a member of the caretaker
team; and provide intense monitoring of instruction throughout the
contract term.
Section 59-8-1310. In order to effectively recruit teachers and
principals with a history of exemplary student academic achievement
results an annual financial incentive wage must be offered. Teachers
shall be eligible for a state-funded incentive wage 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. Principals shall be eligible to receive an incentive wage
which must equal 1.264 times the teacher incentive wage. This
incentive wage must be paid by the State to principals and teachers
who are selected and placed in low performing schools in addition to
their regular salary which must be paid by the district. This incentive
wage must be paid only for the time placed at the designated low
performing school. This incentive wage must not 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. Principals and teachers who are selected and
placed in low performing schools as defined in Article 11 and Section
59-8-1300 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 he left, but without
assurance as to the school or supplemental position to which he may
be assigned.
Section 59-8-1320. The commission 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.
Section 59-8-1330. A subcommittee of the commission
comprised of representatives of the business and industry and
education appointees shall explore alternatives for the development
of an on-going public relations campaign to elicit support for the
highest levels of student achievement including how state agencies
should incorporate awareness of public education issues and
opportunities for involvement into current public relations
campaigns. The plan may integrate multiple media and
communication efforts in addressing the value of education,
interpretation, and use of the accountability system's report card, and
a showcase of proven effective practices. The subcommittee shall
issue a report of the plan to the commission, the Governor, the
Senate, and the House of Representatives by July 1, 1999."
SECTION 2. Chapter 6 of Tittle 59 of the 1976 Code is repealed.
SECTION 3. The General Assembly shall establish a public school
assistance fund 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 4. The 1976 Code is amended by adding:
"Section 59-24-15. School administrators may be employed
on an annual or multi-year contract and shall retain their contract
status as a teacher but shall not be granted contract or status as an
administrator. Any such administrator who presently is under
contract with contract or status as an administrator shall retain that
status until the expiration of that contract. Any teacher covered in the
provision is subject to employment dismissal provisions of Article
No. 3, Chapter No. 19 and Article No. 5, Chapter 25."
SECTION 5. Notwithstanding any provision of law, if a school
district has adopted a policy permitting corporal punishment in
certain situations, the school district and any employee thereof is
immune from any civil or criminal liability as a result of a student of
the district being administered corporal punishment in conformity
with the district's policy, absent gross negligence or recklessness.
SECTION 6. This act takes effect upon approval by the Governor.
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