S 294 Session 109 (1991-1992)
S 0294 General Bill, By Setzler, Bryan, Courson, M.F. Mullinax and T.H. Pope
A Bill to amend Section 59-5-10, Code of Laws of South Carolina, 1976,
relating to the election, composition, and organization of the State Board of
Education, so as to revise the membership of the Board, the manner in which
members are selected, and to provide that any member of the Board who fails to
attend three consecutive regular meetings for reasons other than illness is
considered to have resigned; to amend Section 59-5-20 relating to persons
eligible for membership on the State Board of Education, so as to provide for
the qualifications and screening of members of the Board; and to amend Section
59-6-20, as amended, relating to the Public Accountability Division of the
State Board, so as to dissolve the Division, create a Bureau for Education
Accountability as a special unit and staff to the State Board of Education,
and provide for the duties and operation of the Bureau.
11/05/90 Senate Prefiled
11/05/90 Senate Referred to Committee on Education
01/08/91 Senate Introduced and read first time SJ-102
01/08/91 Senate Referred to Committee on Education SJ-102
04/23/92 Senate Committee report: Favorable with amendment
Education SJ-20
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 23, 1992
S. 294
Introduced by SENATORS Setzler, Courson, Pope, Bryan and Mullinax
S. Printed 4/23/92--S.
Read the first time January 8, 1991.
THE COMMITTEE ON EDUCATION
To whom was referred a Bill (S. 294), to amend Section 59-5-10,
Code of Laws of South Carolina, 1976, relating to the election,
composition, and organization of the State Board of 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 on page two lines 8
through 12 and inserting, /General Assembly. Five members must be
appointed by the governor from the state at large./.
Amend the bill further, as and if amended, by striking on page two
lines 19 through 26 and inserting, /coterminous with his term of office./.
Amend the bill further, as and if amended, by striking on page three
lines 40 through 43 and inserting, /(E) The board shall select its officers
to serve for those terms as the board may designate, except that the
Governor shall appoint the chairman and the/.
Amend the bill further, as and if amended, by striking on page four
lines 21 through 31 and inserting, /state. No person may be elected or
appointed who has a conflict of interest. For the purpose of this chapter,
a conflict of interest is defined as employment by a local or state
education agency. A person desiring to serve as/.
Amend the bill further, as and if amended, by striking on pages four,
five and six all of SECTION 3.
Amend the bill further, as and if amended, by striking on page six
lines 33 through 41.
Renumber sections to conform.
Amend title to conform.
NIKKI G. SETZLER, for Committee.
A BILL
TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE ELECTION,
COMPOSITION, AND ORGANIZATION OF THE STATE BOARD
OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE
BOARD, THE MANNER IN WHICH MEMBERS ARE SELECTED,
AND TO PROVIDE THAT ANY MEMBER OF THE BOARD WHO
FAILS TO ATTEND THREE CONSECUTIVE REGULAR
MEETINGS FOR REASONS OTHER THAN ILLNESS IS
CONSIDERED TO HAVE RESIGNED; TO AMEND SECTION
59-5-20 RELATING TO PERSONS ELIGIBLE FOR MEMBERSHIP
ON THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE
FOR THE QUALIFICATIONS AND SCREENING OF MEMBERS OF
THE BOARD; AND TO AMEND SECTION 59-6-20, AS AMENDED,
RELATING TO THE PUBLIC ACCOUNTABILITY DIVISION OF
THE STATE BOARD, SO AS TO DISSOLVE THE DIVISION,
CREATE A BUREAU FOR EDUCATION ACCOUNTABILITY AS
A SPECIAL UNIT AND STAFF TO THE STATE BOARD OF
EDUCATION, AND PROVIDE FOR THE DUTIES AND
OPERATION OF THE BUREAU.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-5-10 of the 1976 Code is amended to read:
"Section 59-5-10. (A) The State Board of Education
shall be is composed of one member from each
judicial circuit the members hereinafter specified. The
members shall serve terms of four years and until their successors are
elected and qualify, except of those first elected, the members from the
fifth, tenth and fourteenth circuits shall serve terms of one year; the
members from the first, sixth, eight and twelfth circuits shall serve terms
of two years and the members from the fourth, seventh, ninth and
eleventh circuits shall serve terms of three years. The terms of all
members shall commence on January first following their election.
One member must be elected from each congressional district of this
State by the General Assembly. One member must be elected from the
state at large by the Senate and one member must be elected from the
state at large by the House of Representatives. Three members must be
appointed by the governor from the state at large. The elected members
shall serve terms of four years each and until their successors are elected
and qualify, except that those members first elected from congressional
districts one, three, and five shall serve initial terms of two years each.
The terms of the members appointed by the Governor are coterminous
with his term of office. The President of the South Carolina School
Boards Association, the President of the South Carolina Association of
School Administrators, the President of the South Carolina Education
Association, and the President of the Palmetto State Teachers
Association shall serve as ex-officio, non-voting members of the
board.
The legislative delegations representing the counties of each
judicial circuit shall meet upon written call of a majority of the members
of the delegations of each judicial circuit at a time and place to be
designated in such call for the purpose of electing a member of the
Board to represent such circuit. A majority present, either in person or
by written proxy, of the members of the county legislative delegations
from a given circuit shall constitute a quorum for the purpose of electing
a member, but no person shall be declared elected who shall fail to
receive a majority vote of all members of the county legislative
delegations from the circuit. The joint county legislative delegations of
each circuit shall be organized by the election of a chairman and a
secretary and such joint legislative delegations shall, subject to the
provisions herein, adopt such rules as they deem proper to govern the
election. Any absentee may vote by written proxy.
(B) When the election is completed or the
appointments made, the chairman and secretary of the joint
county legislative delegations of each circuit shall appropriate
officers of the General Assembly or the Governor immediately
shall transmit the name of the person elected or
appointed to the Secretary of State who shall forthwith issue
to such the person, after he has taken the usual oath of
office, a certificate of election or appointment as a member of
the State Board of Education. The Governor shall thereupon issue
a commission to such person and pending such issuance the certificate
of election shall be a sufficient warrant to such person to perform all of
the duties and functions of his office.
(C) Any member of the board who fails to attend three
consecutive regular meetings of the board due to reasons other than
illness is considered to have resigned and a vacancy in this office shall
exist which must be filled in the manner provided by law. The chairman
of the board shall ascertain the reasons for a member's absence which
reason must be reflected in the minutes of that meeting.
(D) Any vacancy shall must be filled in the
same manner as the original appointment or election for the
unexpired portion of the term.
Representation of a given judicial circuit on the State Board of
Education shall be rotated among the counties of the circuit, except by
unanimous consent of all members of the county legislative delegations
from the circuit. No member shall succeed himself in office except by
unanimous consent of the members of the county legislative delegations
from the circuit. Members of the legislative delegation of any county
entitled to a member of the board shall nominate persons for the office,
one of whom shall be elected to the board.
(E) The board shall select its chairman and other officers
to serve for such those terms as the board may
designate. Provided, except that the Superintendent of
Education shall serve as secretary and administrative officer to the
board. The board shall adopt its own rules and procedures. The
chairman and other officers shall have such those
powers and duties as may be determined by the board not inconsistent
with the law.
At the initial meeting of the legislative delegations representing
the counties of each circuit, it shall be determined by lot the sequence in
which each county shall be entitled to nominate persons for the
office."
SECTION 2. Section 59-5-20 of the 1976 Code is amended to read:
"Section 59-5-20. Any person shall be eligible for
membership on the Board who is a registered elector of this State, and
each member of the Board shall take the oath prescribed in the
Constitution of South Carolina before entering upon the duties of his
office. The appointed and elected members of the board must
be qualified electors of the state. Not more than five members of the
board may be professional educators, excluding the ex officio nonvoting
members. For purposes of this section, the term "professional
educator" includes a teacher, supervisor or principal of any public
or private school, an instructor, professor, or president of any public or
private university, college, or technical school, any state or school
district superintendent of education, or any other person engaged in an
administrative capacity in the field of education. A person desiring to
serve as a member of the board, except those members appointed by the
Governor, must be screened and reviewed pursuant to Chapter 19 of
Title 2 before his election. Each member of the board shall take the oath
of office prescribed in the Constitution of this State before entering upon
the duties of office."
SECTION 3. Section 59-6-20 of the 1976 Code, as last amended by Act
194 of 1989, is further amended to read:
"Section 59-6-20. The State Board of Education and
State Superintendent of Education must establish within the State
Department of Education a special unit at the division level called the
Public Accountability Division. This Special unit must be eliminated on
July 1, 1991. The unit head shall hold a position comparable to a deputy
superintendent and must be under the direct supervision of and shall
report to the State Superintendent of Education. A Bureau for
Education Accountability is established as a special unit and staff to the
State Board of Education. The unit head must be under the direct
supervision of, and shall report to, the State Board of Education.
The deputy superintendent head of the Bureau for
Education Accountability must provide all reports to the Governor,
Select Committee, Business-Education Partnership for Excellence in
Education, Business-Education Subcommittee, and State Board of
Education, and respond to any inquiries for information.
The Business-Education Subcommittee A subcommittee
of the Business-Education Partnership for Excellence in Education,
appointed by the chairman, shall serve as a screening committee for
the selection of the unit head. The screening committee shall
recommend for consideration three at least two
applicants. Final selection of the unit head must be made by the State
Superintendent Board of Education after consulting
with the Governor obtaining concurrence of the Select
Committee. The unit head must be given a contract not to exceed three
years which may be renewed upon agreement of the Business-Education
Subcommittee, Select Committee, and the State Board. All other
positions must be filled following current state personnel and State
Department of Education employment procedures.
The new unit is responsible for planning, monitoring,
evaluating and reviewing programs developed under the
Education Improvement Act and Target 2000 Act and shall
provide information, recommendations, and an annual assessment of the
Education Improvement Act as required in Section 59-6-30 and of
the Target 2000 Act to the Governor, Select Committee, and
Business-Education Subcommittee. The new unit is also responsible
for reviewing and evaluating issues and concerns regarding public
education as requested by the State Board of Education, Select
Committee, or the Business-Education Subcommittee.
The operating procedures for the new unit are the same as the
operating procedures for the three established divisions in the State
Department of Education. The State Superintendent of
Education and the Department of Education must provide support and
personnel services and must assist the unit in research and evaluation
projects. The Business-Education Subcommittee shall review and
approve all products produced by the unit and make recommendations
to the State Board of Education for final approval."
SECTION 4. Sections 1 and 2 of this act take effect upon the ratification
of an amendment to Section 1, Article XI of the Constitution of this
State authorizing the selection of members of the State Board of
Education in the manner specified by Sections 1 and 2 of this act. The
present members of the State Board of Education shall continue to serve
until their successors appointed or elected in the manner specified by
Section 59-5-10 of the 1976 Code, as amended by Section 1 of this act,
qualify and take office, at which time their then current terms shall
expire.
Section 3 of this act takes effect upon approval by the Governor. All
positions currently assigned to the Division of Public Accountability, all
funding allocated, and all furniture, computers, equipment, records, and
other personal property used by the Division of Public Accountability
within the Department of Education must be reassigned to the Bureau
for Education Accountability on the effective date of this act.
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