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S*154 Session 115 (2003-2004)
S*0154(Rat #0229, Act #0195 of 2004) General Bill, By Giese
AN ACT TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO
UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO PROVIDE THAT A PERSON ENROLLED IN
A TEACHER EDUCATION PROGRAM MUST BE ADVISED BY THE COLLEGE OR UNIVERSITY THAT
HIS PRIOR CRIMINAL RECORD COULD PREVENT HIS TEACHER CERTIFICATION, PROVIDE
THAT BEFORE BEGINNING FULL-TIME CLINICAL TEACHING EXPERIENCE A PERSON SHALL
UNDERGO A STATE AND NATIONAL CRIMINAL RECORDS CHECK TO BE REVIEWED BY THE
STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, PROVIDE THAT
THE COSTS ASSOCIATED WITH THE FBI BACKGROUND CHECKS ARE THOSE OF THE
APPLICANT, PROVIDE THAT THE INFORMATION COULD AFFECT HIS FITNESS TO TEACH AND
THAT HE MAY BE DENIED THE OPPORTUNITY TO COMPLETE HIS CLINICAL TEACHING
EXPERIENCE, PROVIDE THAT A TEACHER EDUCATION CANDIDATE MAY REQUEST
RECONSIDERATION AFTER ONE YEAR, AND PROVIDE THAT A GRADUATE OF A TEACHER
EDUCATION PROGRAM APPLYING FOR INITIAL TEACHER CERTIFICATION MUST HAVE
COMPLETED THE FBI FINGERPRINT PROCESS WITHIN EIGHTEEN MONTHS OF FORMALLY
APPLYING; AND TO REPEAL SECTIONS 59-3-50, 59-3-60, AND 59-3-70, ALL RELATING
TO STATISTICAL REPORTS REQUIRED BY THE SUPERINTENDENT OF EDUCATION. - ratified
title
01/08/03 Senate Prefiled
01/08/03 Senate Referred to Committee on Education
01/14/03 Senate Introduced and read first time SJ-85
01/14/03 Senate Referred to Committee on Education SJ-85
03/25/03 Senate Committee report: Favorable with amendment
Education SJ-3
03/27/03 Senate Amended SJ-78
03/27/03 Senate Read second time SJ-78
04/01/03 Senate Read third time and sent to House SJ-9
04/02/03 House Introduced and read first time HJ-14
04/02/03 House Referred to Committee on Education and Public
Works HJ-14
03/03/04 House Committee report: Favorable with amendment
Education and Public Works HJ-2
03/16/04 House Amended HJ-16
03/16/04 House Read second time HJ-17
03/17/04 House Read third time and returned to Senate with
amendments HJ-15
03/17/04 Senate House amendment amended SJ-32
03/17/04 Senate Returned to House with amendments SJ-32
03/18/04 Scrivener's error corrected
03/24/04 House Concurred in Senate amendment and enrolled HJ-15
04/20/04 Ratified R 229
04/26/04 Vetoed by Governor
05/05/04 Senate Veto overridden by originating body Yeas-46 Nays-0 SJ-4
05/06/04 House Veto overridden Yeas-96 Nays-1 HJ-95
05/14/04 Copies available
05/14/04 Effective date See Act for Effective Date
05/18/04 Act No. 195
S. 154
(A195, R229, S154)
AN ACT TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A TEACHER EDUCATION PROGRAM MUST BE ADVISED BY THE COLLEGE OR UNIVERSITY THAT HIS PRIOR CRIMINAL RECORD COULD PREVENT HIS TEACHER CERTIFICATION, PROVIDE THAT BEFORE BEGINNING FULL-TIME CLINICAL TEACHING EXPERIENCE A PERSON SHALL UNDERGO A STATE AND NATIONAL CRIMINAL RECORDS CHECK TO BE REVIEWED BY THE STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, PROVIDE THAT THE COSTS ASSOCIATED WITH THE FBI BACKGROUND CHECKS ARE THOSE OF THE APPLICANT, PROVIDE THAT THE INFORMATION COULD AFFECT HIS FITNESS TO TEACH AND THAT HE MAY BE DENIED THE OPPORTUNITY TO COMPLETE HIS CLINICAL TEACHING EXPERIENCE, PROVIDE THAT A TEACHER EDUCATION CANDIDATE MAY REQUEST RECONSIDERATION AFTER ONE YEAR, AND PROVIDE THAT A GRADUATE OF A TEACHER EDUCATION PROGRAM APPLYING FOR INITIAL TEACHER CERTIFICATION MUST HAVE COMPLETED THE FBI FINGERPRINT PROCESS WITHIN EIGHTEEN MONTHS OF FORMALLY APPLYING; AND TO REPEAL SECTIONS 59-3-50, 59-3-60, AND 59-3-70, ALL RELATING TO STATISTICAL REPORTS REQUIRED BY THE SUPERINTENDENT OF EDUCATION.
Be it enacted by the General Assembly of the State of South Carolina:
Criminal records check, cost, timeline
SECTION 1. Section 59-25-115 of the 1976 Code, as added by Act 387 of 1990, is amended to read:
"Section 59-25-115. (A) A person enrolled in a teacher education program in South Carolina must be advised by the college or university that his prior criminal record could prevent certification as a teacher in this State in accordance with State Board of Education guidelines.
(B) Before beginning full-time clinical teaching experience in this State, a teacher education candidate shall undergo a state criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints by the Federal Bureau of Investigation. The cost associated with the FBI background checks are those of the applicant. Information reported relative to prior arrests or convictions will be reviewed by the State Department of Education, and the State Board of Education when warranted, according to board guidelines. A teacher education candidate with prior arrests or  convictions of a serious nature that could affect his fitness to teach in the public schools of South Carolina may be denied the opportunity to complete the clinical teaching experience and qualify for initial teacher certification. An individual who is denied this opportunity as a result of prior arrests or convictions, after one year, may request reconsideration under guidelines established by the State Board of Education.
(C) A graduate of a teacher education program applying for initial teacher certification must have completed the FBI fingerprint process within eighteen months of formally applying for initial teacher certification or the fingerprint process must be repeated."
Repeal
SECTION 2. Sections 59-3-50, 59-3-60, and 59-3-70 of the 1976 Code are repealed.
Time effective
SECTION 3. This act takes effect on January 1, 2005, and applies to candidates seeking to complete the clinical teaching experience in the spring of 2005 and subsequent semesters.
Ratified the 20th day of April, 2004.
Vetoed by the Governor -- 4/26/04.
Veto overridden by Senate -- 5/5/04.
Veto overridden by House -- 5/6/04.
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