H 3612 Session 110 (1993-1994)
H 3612 General Bill, By Richardson, J.J. Bailey, Cato, H.H. Clyborne,
L.O. Graham, Haskins, H.G. Hutson, W.D. Keyserling, Law, D.E. McTeer, Meacham,
Moody-Lawrence, Quinn, Robinson, Simrill, Trotter and Wilkins
Similar(S 329)
A Bill to enact the Early Childhood Development and Academic Assistance Act of
1993 by amending Title 59, Code of Laws of South Carolina, 1976, relating to
education, by adding Chapter 139 so as to provide for certain early childhood
development and academic assistance; by amending Section 59-1-450, relating to
parent education programs, so as to revise the programs and the manner in
which they are established and funded; to amend Section 59-5-65, relating to
the powers and responsibilities of the State Board of Education, so as to
revise these powers and responsibilities in regard to developing certain
one-half day early childhood development programs for four-year-old children,
and delete certain requirements pertaining to compensatory and remedial
instruction programs; by amending Section 59-20-40, relating to the
determination of annual allocations to school districts, so as to revise the
weightings used for early childhood development and assistance, and delete
certain funding requirements for compensatory and remedial programs; by
amending Section 59-3-90, relating to in-service training programs for
teachers, so as to include references to early childhood development and
assistance training; by amending Section 59-19-340, relating to child
development programs for three and four-year-old children, so as to further
provide for these programs; and repealing Sections 59-65-410 through
59-65-460, relating to drop-out prevention and recovery programs.
03/03/93 House Introduced and read first time HJ-12
03/03/93 House Referred to Committee on Education and Public
Works HJ-13
A BILL
TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND
ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE
59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE
FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND
ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450,
RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO
REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY
ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, AS AMENDED, RELATING TO THE POWERS AND
RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO
AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN
REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY
CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS
PERTAINING TO COMPENSATORY AND REMEDIAL
INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40,
RELATING TO THE DETERMINATION OF ANNUAL
ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE
WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT
AND ASSISTANCE, AND DELETE CERTAIN FUNDING
REQUIREMENTS FOR COMPENSATORY AND REMEDIAL
PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO
IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO
INCLUDE REFERENCES TO EARLY CHILDHOOD
DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING
SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT
PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO
AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND
REPEALING SECTIONS 59-65-410 THROUGH 59-65-460,
RELATING TO DROP-OUT PREVENTION AND RECOVERY
PROGRAMS.
Whereas, the national education goals call for all children to be ready for
school by the year 2000; and
Whereas, those goals also call for all students to have mastered
challenging subject matter by grades four, eight, and twelve and for a
ninety percent high school graduation rate; and
Whereas, those goals can only be attained in South Carolina through a
concerted effort to ensure that children enter school with a firm
foundation of support for learning, and that once in school they receive
the assistance they need to move from grade to grade with their peers;
and
Whereas, the Education Improvement Act of 1984 and Target 2000 have
allowed South Carolina to move forward toward those goals and
experience with the EIA has shown a need for even greater emphasis on
the act's purposes of preparation for school and assistance to students
with academic difficulties that is flexible and maintains them on grade
level. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) This act is known and may be cited as the Early
Childhood Development and Academic Assistance Act of 1993.
(B) It is the purpose of the General Assembly in this act:
(1) to place an emphasis on early childhood education and
prevention while promoting assistance for students at every grade level
which is more flexible and tailored to individual needs and learning
styles;
(2) to focus the State's resources on effective prevention of
academic problems;
(3) to establish the expectation that by providing extra assistance
and learning time immediately when needed by the student and as
needed by the student all children will be prepared for the fourth grade
and all students will graduate from high school with their peers;
(4) to promote the advancement of developmentally appropriate
curriculum and coordinated programs from preschool through grade
three which are supportive of the curriculum for grades four through
twelve; and
(5) to allow districts and schools greater flexibility in providing
targeted, coordinated programs of student assistance.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 139
Early Child Development and Assistance
Section 59-139-10. Beginning in fiscal year 1995-96 in the annual
general appropriations act, the General Assembly shall determine an
appropriation level for the academic assistance initiative. The State
Board of Education shall promulgate regulations to implement a system
to provide a pro rata matching of the weighted pupil units pursuant to
Section 59-20-40 to the pupils in the districts of the State who are in:
(1) kindergarten through grade three who are eligible for the federal
free and reduced price lunch program at a weight of .26;
(2) in grades four through twelve who score below minimum basic
skills act standards in reading, mathematics, or writing, or their
equivalent, at a weight of .114.
Funds generated by kindergarten through grade three students must
be used by the districts and schools to provide assistance to any student
in these grades experiencing academic difficulties. The assistance may
be for short, intensive periods or for longer, on-going assistance as
needed by each student. Based upon the district and school plans
provided for in Section 59-139-20, a portion of these funds may be used
to support other components of the early child development initiative in
order to better prepare children for entering school. Further, districts
may request a waiver from the State Board of Education to use a portion
of the funds generated by students in kindergarten through grade three
for students in grades four through twelve, if such a change promotes
better coordination of state and federal funds provided for programs for
these children.
Funds generated by students in grades four through twelve must be
used to assist any student experiencing academic difficulties with an
emphasis on assistance at the time of need and on accelerating the
progress of students performing below their peers. The assistance may
be for short, intensive periods or for longer, on-going assistance as
needed by the student. Enhanced opportunities for learning must be
emphasized. In reviewing the districts' plans provided for in Section 59-139-20, the State Board of Education shall stress district and school
flexibility in addressing student needs.
Section 59-139-20. (A) The State Board of Education, through
the Department of Education and in consultation with the Select
Committee, shall develop and implement regulations requiring that
beginning in school year 1993-94 and continuing through school year
1994-95, each school district, in coordination with its schools, and each
school in the district shall design a comprehensive, long-range plan with
annual updates to carry out the purposes of this chapter. To that end, the
plans shall:
(1) establish an early childhood initiative which integrates the
planning and direction of the half-day program for four-year-olds as
provided by law, the parenting program, established in Section 59-1-450, school practices in kindergarten through grade three, and any other
federal, state, or district programs for preschool children in the district
in order to better focus on the needs of this student population;
(2) develop an academic assistance initiative to support students
with academic difficulties in grades four through twelve with academic
difficulties so they are able to progress academically and move through
school with their peers; and
(3) provide staff training, upon appropriation of funds by the
General Assembly for this purpose, to prepare and train teachers and
administrators in the teaching techniques and strategies needed to
implement the district and school plan.
(B) The State Board of Education shall establish criteria by
regulation for the comprehensive plan and the annual updates to be
prepared by each district and school so that the plans address, but are not
limited to, the interrelationship of the various components of the early
child development initiative and the academic assistance initiative,
strategies to be implemented for expanding and improving early child
development activities, plans for accelerating the performance of
students performing below their peers, methods of assessing the efficacy
of these strategies, and the coordination of the strategies with federally
funded programs. However, in every instance, district and school plans
must be based on strategies found to be effective in education research.
Activities and strategies shown by research to be less effective may not
be funded under Section 59-139-10.
(C) The design for the early child development initiative must
include:
(1) the formation and implementation of the parenting/family
literacy component which addresses, but is not limited to, collaboration
with health and human service agencies, and adult education programs,
as well as the other components of the early child development
initiative;
(2) the development and implementation of a developmentally
appropriate curriculum from early childhood education through grade
three. Among the options available to districts and schools to address
student needs are: tutorials, multiage grouping for four and five-year-olds, reduction in kindergarten pupil-teacher ratios, expanded
kindergarten day, assistance after school hours, on weekends, or in
summer programs, additional slots in the half-day program, and
programs for three-year-olds; and
(3) the establishment of activities for assisting children and their
parents with the transitions between the various levels of schooling and
phases of education.
(D) The design for the academic assistance component must address
alternatives to year-long and pull-out remediation of students
experiencing academic difficulties. Among the options available to
districts and schools are: tutorials, class acceleration, extended day
programs, and summer assistance. Districts and schools may choose to
target resources in certain grade levels or areas of learning but must have
academic assistance plans both for preschool through grade three and for
grades four through twelve.
(E) The school improvement council established in Section 59-20-60
shall assist in the development of the school plan required by this section
and the plan and the annual updates must be a part of the school
improvement report.
(F) Districts desiring to use the funds available for school year 1994-95 to begin implementing an early childhood initiative and the academic
assistance initiative may request approval from the State Board of
Education and for needed waivers from regulation, if the district has
implemented a planning process consistent with the intent of this chapter
and the district plan meets the criteria established for this section.
Section 59-139-30. By December, 1993, the State Board of
Education, through the Department of Education and in consultation
with the Select Committee, shall develop criteria for the monitoring of
the district and school plans and the implementation of the plans
required in this chapter.
Section 59-139-40. By September, 1993, the Department of
Education shall develop a plan for review and approval by the State
Board of Education and the Select Committee for providing technical
assistance to districts in designing their overall plans and implementing
those plans, including compiling and disseminating research on effective
practice and contracting with recognized groups for providing expertise
to the districts and schools in the areas addressed by this chapter.
Section 59-139-50. The State Board of Education, through the
State Department of Education and in consultation with the Select
Committee, shall establish an assessment process to evaluate the degree
to which the purposes of this chapter are met. To that end, the State
Board of Education, through the Department of Education shall:
(1) develop or adapt a developmentally appropriate assessment
program to be administered to all public school students at the end of
grade three that is designed to measure a student's strengths and
weaknesses in skills required to perform academic work considered to
be at the fourth grade level. Information on each student's progress and
on areas in need of improvement must be provided to the student's
parent and fourth grade teacher. Aggregated information on student
progress must be given to the students' kindergarten through third grade
schools so that weaknesses in the schools' academic programs can be
addressed;
(2) review the performance of students on the eighth grade basic
skills assessment test and performance on the exit examination pursuant
to Section 59-30-10, or their equivalent, for progress in meeting the skill
levels required by these examinations. Student data must be aggregated
by the schools the students attended so that programs weaknesses can be
addressed;
(3) review the data on students overage for grade in each school at
grades four and nine;
(4) monitor the performance of schools and districts so that
continuing weaknesses in the programs preparing students for the fourth
grade, ninth grade, and exit examination shall receive special assistance
from the Department of Education; and
(5) propose other methods or measures for assessing how well the
purposes of this chapter are met.
Section 59-139-60. The half-day program for four-year-old children
established in Section 59-19-340, must be maintained at no less than the
1993-94 level in each school district as funded by the General
Assembly."
SECTION 3. Section 59-1-450 of the 1976 Code is amended to read:
"Section 59-1-450. Upon the appropriation of funds by
the General Assembly for this purpose, the State Department of
Education is directed to review programs which are effective in
providing The State Board of Education, in consultation with
the Select Committee, shall promulgate regulations for establishing
parenting/family literacy programs to support parents
support in their role as the principal teachers of their preschool
children. The purpose of the review is for the State Board of
Education to select or adapt a program or programs, after consultation
with the Select Committee, for pilot testing in South Carolina during
1989-90 and 1990-91. The selected or adapted The
programs must provide parent education to parents and guardians who
have children ages birth through five years and who choose to
participate in the programs and must include intensive and special
efforts to recruit parents or guardians whose children are at risk for
school failure. The program or programs also should include
developmental screening for children and offer parents of children from
birth through five years opportunities to improve their education if the
parents do not possess a high school diploma or equivalent certificate.
After pilot testing, the The State Board of Education,
after consultation with the Select Committee, shall promulgate
regulations to implement parent education parenting/family
literacy programs in all school districts or consortia of school
districts. Implementation of the programs in the districts must
be phased in over three years. Priority must be given to serving
those parents whose children are considered at-risk for school failure
according to criteria established by the State Board of Education. From
funds appropriated for the programs, those parenting programs
funded under the Target 2000 act shall receive priority in funding for
fiscal years 1993-94 and 1994-95 and must be funded at no less than the
level received in fiscal year 1992-93 in order to provide technical
assistance to other districts and schools planning and implementing
parenting/family literacy programs.
Beginning in fiscal year 1995-96 for districts with Target 2000 act
parenting programs and in fiscal year 1994-95 for all other school
districts and district consortia, funding must be allocated to districts and
consortia serving more than two thousand five hundred pupils on a base
amount of not less than forty thousand dollars with any additional
appropriation to be distributed based on the number of free and reduced
lunch eligible students in grades one through three in a district or
consortium relative to the total free and reduced lunch eligible students
in grades one through three in the State. each school district
must be allocated an amount determined by computing the percentage
of all families with children ages birth through five years served
statewide as compared with those families who are served by the school
district and multiplying this percentage by the total statewide
appropriation for the program.
The programs developed in each district and consortium shall
draw upon lessons learned from parenting programs funded under this
section during 1992-93.
An evaluation of the programs pilot-tested shall be provided by
March 1, 1991, and of all implemented programs by December first
annually thereafter to the Select Committee and Business-Education
Subcommittee.
Regulations of the State Board of Education causing parent education
programs to be implemented in the school districts must allow districts
to develop or select an alternative program for implementation in the
district, if the program meets criteria for initial approval by the board.
The board's criteria for initial approval must include a requirement that
school districts develop an evaluation component for the program which
is acceptable to the board or its designee. To continue to use an
alternative program, a school district must demonstrate the success of
the program in accordance with the approved evaluation component. A
school district using an alternative program must receive an allocation
from the appropriation by the General Assembly for this program which
is equal to the allocation the district would receive if the district used the
program or programs selected or adapted by the board.
The State Board of Education, through the Department of
Education, in developing the regulations for this program shall consult
with representatives of the Department of Education, Department of
Health and Environmental Control, Department of Social Services, and
Health and Human Services Finance Commission, and with adult
education and early childhood specialists. In developing the regulations,
the State Board shall consider the guidelines developed for the Target
2000 act parenting programs and any available evaluation data.
By December, 1993, the Human Services Coordinating Council shall
report to the Select Committee and the Joint Committee on Children
ways to better coordinate programs for parenting and literacy and
recommend changes to state regulations or provisions of law which
would better promote coordination of programs. The Department of
Health and Environmental Control, the Department of Social Services,
and the Health and Human Services Finance Commission shall direct
their employees to cooperate with school district officials in establishing
parenting/family literacy programs."
SECTION 4. Section 59-5-65(8) of the 1976 Code is amended to read:
"(8) Develop and implement regulations requiring all school
districts to provide at least one-half day early childhood development
programs for four-year-old children who have predicted significant
readiness deficiencies and whose parents voluntarily allow participation.
The regulations must require intensive and special efforts to recruit
children whose participation is difficult to obtain. The school districts
may contract with appropriate groups and agencies to provide part or all
of the programs. These programs must be developed in consultation
with the Interagency Coordinating Council on Early Childhood
Development and Education. The Interagency Coordinating Council
shall consult with the Advisory Committee for Early Childhood
Education in developing proposals to submit for State Board of
Education consideration. If a local advisory committee exists in a
community to coordinate early childhood education and development,
school districts shall consult with the committee in planning and
developing services. The State Department of Education shall collect
and analyze longitudinal data to determine the effects of child
development programs on the later achievement of children in the `high-risk' category by tracking four-year-old child development program
participants through kindergarten and the first three years of elementary
school to examine their performance on appropriate performance
measures. the readiness test and the BSAP tests administered in
grades 1, 2, and 3. The Governor shall initiate the development of a
state plan on early childhood development and education to assist the
state in providing appropriate services for preschool children. This plan
must be completed by July 1, 1985.
School districts without an early childhood development program
during the 1988-89 school year may obtain a waiver from the regulation
requiring provision of a program. The waiver may be granted by the
State Board of Education for one year, if a school district is unable to
implement a program because of unavailability of classroom space and
other facilities, including appropriate facilities which may be rented by
the school district at a reasonable fee. School districts which are unable
to implement a program because of a lack of district facilities may use
a portion of the district's allocation under this program to rent
appropriate space for one year. The portion of the district's allocation
which may be used for rent must be determined by the State Board of
Education in conjunction with the School Board of Trustees."
SECTION 5. Section 59-20-40(1)(c) of the 1976 Code is amended to
read:
"(c) Weightings, used to provide for relative cost differences,
between programs for different students are established in order that
funds may be equitably distributed on the basis of pupil needs. The
criteria for qualifications for each special classification must be
established by the State Board of Education according to definitions
established in this article and in accordance with Sections 59-21-510,
59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this
section must be used to fund programs approved by the State Board of
Education. Pupil data received by the Department of Education is
subject to audit by the department. Cost factors or weightings are as
follows:
Pupil Classification Weightings
(1) Kindergarten pupils 1.30
(2) Primary pupils (grades 1
through 3) 1.24
(3) Elementary pupils (grades
4 through 8) -- base
students 1.00
(4) High school pupils (grades 9
through 12) 1.25
Special Programs for Exceptional
Students Weightings
(5) Handicapped 1.74
a. Educable mentally
handicapped pupils
b. Learning disabilities pupils
(6) Handicapped 2.04
a. Trainable mentally
handicapped pupils
b. Emotionally handicapped pupils
c. Orthopedically handicapped pupils
(7) Handicapped 2.57
a. Visually handicapped pupils
b. Hearing handicapped pupils
(8) Speech handicapped pupils 1.90
(9) Homebound pupils 2.10
Vocational Technical Programs Weightings
(10) Pre-vocational 1.20
(11) Vocational 1.29
Add-on Weights for Compensatory and Remediation Early
Childhood Development and Academic Assistance Weightings
(12) Grades 1-6 Compensatory
Early Childhood Development 0.39
0.26
(13) Grades 2-6 Remediation
Academic Assistance 0.10
0.114
(14) Grades 7-12 Remediation 0.12
Adult Education
(15) (14) Adult education 0.15
No local match is required for adult education and the number of
weighted pupil units funded depends on funding available from the
general fund of the State, and the Education Improvement Act of 1984
Fund.
Each student in the State must be counted in only one of the first
eleven pupil classifications. Students shall generate funds for early
childhood development and academic assistance in accordance with
Section 59-139-10. Students determined to need compensatory
instruction and remediation must be counted additionally under the
twelfth through fourteenth classification. If a student is determined not
to meet minimum standards in reading, mathematics, or writing of the
Basic Skills Assessment Act or is "not ready" for first grade,
and qualifies under state department regulations, a pupil may be counted
once for each area for the purposes of calculating the district's remedial
weighted pupil units. The State Board of Education must determine
the qualifications for each classification in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, 59-53-1900, and Chapter 30 of this title.
The program for each classification must meet specifications approved
by the State Board of Education.
School districts may count each student who is instructed at home
under the provisions of Section 59-65-40 in the district's weighted pupil
units at a weighting of .25 for supervising, overseeing, or reviewing the
student's program of home instruction. No local match is required for
students instructed at home under the provisions of Section 59-65-40."
SECTION 6. Section 59-3-90 of the 1976 Code is amended to read:
"Section 59-3-90. During the 1984-85 1993-94 school year the State Department of Education shall develop
or select provide recommendations and assist districts in
conducting in-service training programs for teachers based on the
findings and research it derives from the study of effective schools and
classrooms and from district plans developed in accordance with
Section 59-139-20. All of the school districts of this State must
have implemented the an on-going, long-range in-service training programs in support of effective schools and
classrooms and as indicated by district plans no later than
by the 1986-87 1994-95 school year."
SECTION 7. Section 59-19-340 of the 1976 Code is amended to read:
"Section 59-19-340. The board of trustees of each school
district may establish and provide for the education of children who will
attain the age of four on or before November first of the applicable
school year in child development programs. The board of trustees of
school districts having may establish and provide
programs serving three and four-year-olds on the date of enactment
of this section may continue to serve three-year-old four-year-old children."
SECTION 8. Section 59-5-65 of the 1976 Code is amended by deleting
item (9).
SECTION 9. Section 59-20-40 of the 1976 Code is amended by
deleting item (7).
SECTION 10. Sections 59-65-410 through 59-65-460 of the 1976
Code are repealed.
SECTION 11. This act takes effect upon approval by the Governor.
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