S*539 Session 104 (1981-1982)
S*0539(Rat #0480, Act #0391 of 1982) General Bill, By R.C. Lake and
E.J. Patterson
A Bill to amend Act 187 of 1979, as amended, relating to teacher
certification, so as to provide for the employment of a teacher under annual
contracts for a maximum of two years instead of four years, allow transfer of
continuing contract status to any school district of the State, remove the
prohibition against teaching if a teacher fails to receive an annual or
continuing contract and allow a school district to employ a teacher for a
second year under a provisional contract.-at
06/03/81 Senate Introduced and read first time SJ-15
06/03/81 Senate Referred to Committee on Education SJ-15
03/11/82 Senate Committee report: Favorable with amendment
Education SJ-20
04/06/82 Senate Amended SJ-13
04/06/82 Senate Read second time SJ-17
04/06/82 Senate Ordered to third reading with notice of
amendments SJ-17
04/08/82 Senate Amended SJ-27
04/08/82 Senate Read third time and sent to House SJ-27
04/13/82 House Introduced and read first time HJ-2121
04/13/82 House Referred to Committee on Education and Public
Works HJ-2121
05/19/82 House Committee report: Favorable with amendment
Education and Public Works HJ-3021
05/26/82 House Amended HJ-3575
05/26/82 House Read second time HJ-3575
05/27/82 House Read third time HJ-3611
05/27/82 House Returned HJ-3611
05/27/82 Senate Concurred in House amendment and enrolled SJ-10
06/01/82 Senate Ratified R 480 SJ-7
06/07/82 Signed By Governor
06/07/82 Effective date 06/07/82
06/07/82 Act No. 391
06/18/82 Copies available
(A391, R480, S539)
AN ACT TO AMEND ACT 187 OF 1979, AS AMENDED, RELATING TO TEACHER CERTIFICATION,
SO AS TO PROVIDE FOR THE EMPLOYMENT OF A TEACHER UNDER ANNUAL CONTRACTS FOR
A MAXIMUM OF TWO YEARS INSTEAD OF FOUR YEARS, ALLOW TRANSFER OF CONTINUING
CONTRACT STATUS TO ANY SCHOOL DISTRICT OF THE STATE, REMOVE THE PROHIBITION
AGAINST TEACHING IF A TEACHER FAILS TO RECEIVE AN ANNUAL OR CONTINUING
CONTRACT AND ALLOW A SCHOOL DISTRICT TO EMPLOY A TEACHER FOR A SECOND YEAR
UNDER A PROVISIONAL CONTRACT.
Be it enacted by the General Assembly of the State of South Carolina:
Nonrenewable provisional contract
Section 1. Section 4 of Act 187 of 1979, as last amended by Act 43 of 1981, is further amended to read:
"Section 4. A person who receives a teaching certificate as provided in Section 3 may be employed by any
school district under a nonrenewable provisional contract. All school districts shall comply with procedures and
requirements promulgated by the Board of Education relating to aid, supervision, and evaluation of persons
teaching under a provisional contract. All teachers working under a provisional contract shall be paid at least the
beginning salary on the state minimum salary schedule.
Each school district shall use the evaluation instrument developed in accordance with Section 3 to evaluate all
provisional teachers at least three times. The results of a teacher's evaluation shall be provided to the teacher in
writing. Each school district shall give provisional teachers appropriate advice and assistance to help remedy any
deficiencies that are detected by the three required evaluations. Such advice and assistance shall include, but not
be limited to, state procedures and programs developed in accordance with Section 3 of this act.
At the end of a one-year provisional contract period, the evaluation shall be reviewed by the school district to
determine if the provisional teacher has performed at the level required by the evaluation instrument. If the
evaluations indicate that the provisional teacher has performed in an adequate manner, such teacher shall be
eligible for an annual contract. If the evaluations indicate that the provisional teacher is deficient in teaching
ability, the school district may employ such teacher for an additional year under a provisional contract or the
district may terminate his employment. If employment is terminated, another school district may employ him
under a new one-year provisional contract. No person may be employed as a provisional teacher for more than
two years. This paragraph shall not preclude his employment under an emergency certificate in extraordinary
circumstances if such employment is appoved by the State Board of Education. During the one-year provisional
contract period the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of Title
59 of the 1976 Code shall not apply.
After successful completion of the one-year provisional period, a teacher who is fully certified may be employed
by any school district under a one-year annual contract. The decision by the school district to continue a teacher's
employment beyond an annual contract shall be based on written evaluations conducted at least two times
annually using an evaluation instrument that at least meets the criteria established by the State Board of Education
for an acceptable instrument. Evaluators shall complete a program of reliability training. School districts shall
give the results of a teacher's evaluation in writing to the teacher and shall counsel him concerning his strengths
and weaknesses as a teacher. School districts shall use deficiencies identified by the evaluations of teachers on
annual contracts as a guide to the establishment of staff development programs.
A teacher shall be employed for a maximum of two years under annual contracts. This paragraph shall not
preclude his employment under an emergency certificate in extraordinary circumstances if such employment is
approved by the State Board of Education.
The teacher failing to receive the annual or continuing contract shall not be employed as a classroom teacher
in any public school in this State for a minimum of two years. Prior to reentry as a provisional or annual contract
teacher, he must complete six units of credit for certificate renewal and six units of credit for remediation in areas
of identified deficiencies. The teacher shall reenter at the contract level which he had attained before dismissal
and continue toward the next contract level. The provisions of this paragraph granting an opportunity for reentry
into the profession shall be available to a teacher once, and only once.
After the successful completion of a provisional year and one annual contract, a teacher shall receive a
continuing contract and shall have full procedural rights that currently exist under law relating to employment
and dismissal. The provisions of Article 5, Chapter 25, of Title 59 of the 1976 Code and Article 3, Chapter 19,
of Title 59 shall not apply to teachers working under one-year annual contracts. Teachers working under a
one-year annual contract who are not recommended for reemployment at the end of the year may have an informal
hearing before the district superintendent. The superintendent shall schedule the hearing no sooner than seven
nor later than thirty working days after he receives a request from such teacher for a hearing. At the hearing all
of the evidence shall be reviewed by the superintendent. The teacher may provide such information, testimony,
or witnesses as the teacher deems necessary. The decision by the superintendent shall be given in writing within
twenty days of the hearing. The teacher may appeal the superintendent's decision to the school district board of
trustees. Any such appeal shall include a brief statement (1) of the questions to be presented to the board, and
(2) wherein the teacher believes the superintendent to have erred in his judgment. Failure to file such an appeal
with the board within ten days of the receipt of the superintendent's decision shall cause the decision of the
superintendent to become final judgment in the matter. The board of trustees shall review all the materials
presented at the earlier hearing and, after examining these materials, the board may or may not grant the request
for a board hearing of the matter. Written notice of the board's decision on whether or not to grant the request
shall be rendered within thirty-five calendar days of the receipt of the request. If the board determines that hearing
by the board is warranted, the teacher shall be given written notice of the time and place of such a hearing which
shall be set not sooner than seven nor later than fifteen days from the time of the board's determination to hear
the matter. The decision of the board shall be final.
If a person has completed an approved teacher training program at a college or university outside this State and
has no teaching experience, he shall have the same status as a person who has completed such program at a
college or university in this State. If a person has completed an approved teacher training program at a college
or university outside this State, has passed the examination he is required to take for certification purposes and
has one year of teaching experience, he may be employed by a school district as a provisional teacher. If a person
has completed an approved teacher training program at a college or university outside this State, has passed the
examination he is required to take for certification purposes, and has more than one year of teaching experience,
he may be employed by a school district as one who has completed the one-year provisional period.
When any teacher has been awarded a continuing contract in one district of the State such continuing status shall
be transferable to any other district in the State where such teacher is employed. Teachers certified under the
trades and industrial education certification process shall be exempt from the provisions of this act which require
the completion of scholastic requirements for teaching at an approved college or university and a provisional
contract period. Such teachers may be employed by a school district for a maximum of five years under annual
contracts prior to being employed under a continuing contract. Before being employed under a continuing contract
these teachers shall pass the Basic Skills Examination developed in accordance with Section 3(b) (1), the state
approved skill examination in their area which is currently required, the teaching examination developed in
accordance with Section 3(b) (2) and successfully complete the performance evaluations as required for all
teachers who are employed under provisional contracts. Certification renewal requirements for such teachers shall
be those which are promulgated by the State Board of Education."
Time effective
Section 2. This act shall take effect upon approval by the Governor. |