S*559 Session 112 (1997-1998)
S*0559(Rat #0133, Act #0072 of 1997) General Bill, By Setzler and Bryan
Similar(H 3725)
A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO
AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS
AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE
COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS,
TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION
59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION
INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND
CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH
TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL
SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
03/20/97 Senate Introduced, read first time, placed on calendar
without reference SJ-6
03/26/97 Senate Amended SJ-31
03/26/97 Senate Read second time SJ-31
03/26/97 Senate Ordered to third reading with notice of
amendments SJ-31
04/03/97 Senate Read third time and sent to House SJ-10
04/08/97 House Introduced and read first time HJ-4
04/08/97 House Referred to Committee on Education and Public
Works HJ-5
04/29/97 House Committee report: Majority favorable with amend.,
minority unfavorable Education and Public Works HJ-2
04/30/97 House Debate adjourned until Thursday, May 1, 1997 HJ-91
05/08/97 House Amended HJ-40
05/08/97 House Debate interrupted HJ-44
05/14/97 House Amended HJ-42
05/14/97 House Read second time HJ-47
05/14/97 House Roll call Yeas-107 Nays-2 HJ-47
05/15/97 House Read third time and returned to Senate with
amendments HJ-81
05/22/97 Senate Non-concurrence in House amendment SJ-23
05/27/97 House House insists upon amendment and conference
committee appointed Reps. Townsend, J. Hines &
Walker HJ-3
05/27/97 Senate Conference committee appointed Sens. Setzler,
Bryan, and Hayes
05/29/97 House Conference report received and adopted HJ-53
05/29/97 Senate Conference report received and adopted SJ-17
05/29/97 Senate Ordered enrolled for ratification SJ-41
06/04/97 Ratified R 133
06/10/97 Signed By Governor
06/10/97 Effective date 06/10/97
06/24/97 Copies available
06/24/97 Act No. 72
(A72, R133, S559)
AN ACT TO AMEND SECTION 59-26-10, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO INTENT AND
GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS,
SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND
GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO
THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE
COMMISSION ON HIGHER EDUCATION IN REGARD TO
TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS,
AND TEACHER EVALUATION AND TRAINING PROCEDURES;
SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN
TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS;
SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND
CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH
AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED,
CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL
SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE
EXAMINATION.
Be it enacted by the General Assembly of the State of South Carolina:
Intent and guidelines revised
SECTION 1. Section 59-26-10 of the 1976 Code is amended to read:
"Section 59-26-10. It is the intent of this chapter to provide for
a fair, cohesive, and comprehensive system for the training, certification,
initial employment, evaluation, and continuous professional development
of public educators in this State. The following guidelines, which further
constitute the intent of this chapter must be adhered to by all state and
local officials, agencies, and boards in interpreting and implementing the
provisions of this chapter so that the system provided for herein shall:
(a) upgrade the standards for educators in this State in a fair,
professional, and reasonable manner;
(b) assure that prospective teachers have basic reading, mathematics,
and writing skills;
(c) improve the educator training programs and the evaluation
procedures for those programs;
(d) assure that prospective teachers know and understand their
teaching areas and are given assistance toward the achievement of their
potential;
(e) assure that school districts implement a comprehensive system for
assisting, developing, and evaluating teachers employed at all contract
levels."
Duties revised
SECTION 2. Section 59-26-20 of the 1976 Code, as last amended by
Act 282 of 1992, is further amended to read:
"Section 59-26-20. The State Board of Education, through the
State Department of Education, and the Commission on Higher Education
shall:
(a) develop and implement a plan for the continuous evaluation and
upgrading of standards for program approval of undergraduate and
graduate education training programs of colleges and universities in this
State;
(b) adopt policies and procedures which result in visiting teams with
a balanced composition of teachers, administrators, and higher education
faculties;
(c) establish program approval procedures which shall assure that all
members of visiting teams which review and approve undergraduate and
graduate education programs have attended training programs in program
approval procedures within two years prior to service on such teams;
(d) render advice and aid to departments and colleges of education
concerning their curricula, program approval standards, and results on the
examinations provided for in this chapter;
(e) adopt program approval standards so that all colleges and
universities in this State that offer undergraduate degrees in education
shall require that students successfully complete the basic skills
examination that is developed in compliance with this chapter before final
admittance into the undergraduate teacher education program. These
program approval standards shall include, but not be limited to, the
following:
(1) A student initially may take the basic skills examination during
his first or second year in college.
(2) Students may be allowed to take the examination no more than
four times.
(3) If a student has not passed the examination, he may not be
conditionally admitted to a teacher education program after December 1,
1996. After December 1, 1996, any person who has failed to achieve a
passing score on all sections of the examination after two attempts may
retake for a third time any test section not passed in the manner allowed
by this section. The person shall first complete a remedial or
developmental course from a post-secondary institution in the subject area
of any test section not passed and provide satisfactory evidence of
completion of this required remedial or developmental course to the State
Superintendent of Education. A third administration of the examination
then may be given to this person. If the person fails to pass the
examination after the third attempt, after a period of three years, he may
take the examination or any sections not passed for a fourth time under
the same terms and conditions provided by this section of persons desiring
to take the examination for a third time.
Provided, that in addition to the above approval standards, beginning
in 1984-85, additional and upgraded approval standards must be
developed, in consultation with the Commission on Higher Education,
and promulgated by the State Board of Education for these teacher
education programs.
(f) administer the basic skills examination provided for in this section
three times a year;
(g) report the results of the examination to the colleges, universities,
and student in such form that he will be provided specific information
about his strengths and weaknesses and given consultation to assist in
improving his performance;
(h) adopt program approval standards so that all colleges and
universities in this State that offer undergraduate degrees in education
shall require that students pursuing courses leading to teacher certification
successfully complete one semester of student teaching and other field
experiences and teacher development techniques directly related to
practical classroom situations;
(i) adopt program approval standards whereby each student teacher
must be evaluated and assisted by a representative or representatives of
the college or university in which the student teacher is enrolled.
Evaluation and assistance processes shall be locally developed or selected
by colleges or universities in accordance with State Board of Education
regulations. Processes shall evaluate and assist student teachers based on
the criteria for teaching effectiveness developed in accordance with this
chapter. All college and university representatives who are involved in
the evaluation and assistance process shall receive appropriate training as
defined by State Board of Education regulations. The college or
university in which the student teacher is enrolled shall make available
assistance, training, and counseling to the student teacher to overcome any
identified deficiencies;
(j) the Commission on Higher Education, in consultation with the
State Department of Education and the staff of the South Carolina Student
Loan Corporation, shall develop a loan program whereby talented and
qualified state residents may be provided loans to attend public or private
colleges and universities for the sole purpose and intent of becoming
certified teachers employed in the State in areas of critical need. Areas of
critical need shall include both rural areas and areas of teacher
certification and must be defined annually for that purpose by the State
Board of Education. The recipient of a loan is entitled to have up to one
hundred percent of the amount of the loan plus the interest canceled if he
becomes certified and teaches in an area of critical need. The loan must
be canceled at the rate of twenty percent of the total principal amount of
the loan plus interest on the unpaid balance for each complete year of
teaching service in either an academic critical need area or in a geographic
need area. Beginning July 1, 1989, the loan must be canceled at the rate
of thirty-three and one-third percent of the total principal amount of the
loan plus interest on the unpaid balance for each complete year of
teaching service in both an academic critical need area and a geographic
need area. In case of failure to make a scheduled repayment of any
installment, failure to apply for cancellation of deferment of the loan on
time, or noncompliance by a borrower with the intent of the loan, the
entire unpaid indebtedness including accrued interest, at the option of the
commission, shall become immediately due and payable. The recipient
shall execute the necessary legal documents to reflect his obligation and
the terms and conditions of the loan. The loan program, if implemented,
pursuant to the South Carolina Education Improvement Act, is to be
administered by the South Carolina Student Loan Corporation. Funds
generated from repayments to the loan program must be retained in a
separate account and utilized as a revolving account for the purpose that
the funds were originally appropriated. Appropriations for loans and
administrative costs incurred by the corporation are to be provided in
annual amounts, recommended by the Commission on Higher Education,
to the State Treasurer for use by the corporation. The select committee
shall review the loan program annually and report to the General
Assembly;
(k) for special education in the area of vision, adopt program approval
standards for initial certification and amend the approved program of
specific course requirements for adding certification so that students
receive appropriate training and can demonstrate competence in reading
and writing braille;
(l) adopt program approval standards so that students who are
pursuing a program in a college or university in this State which leads to
certification as instructional or administrative personnel shall complete
successfully training and teacher development experiences in teaching
higher order thinking skills;
(m) adopt program approval standards so that programs in a college or
university in this State which lead to certification as administrative
personnel must include training in methods of making school
improvement councils an active and effective force in improving schools;
(n) the Commission on Higher Education in consultation with the
State Department of Education and the staff of the South Carolina Student
Loan Corporation, shall develop a Governor's Teaching Scholarship Loan
Program to provide talented and qualified state residents loans not to
exceed five thousand dollars a year to attend public or private colleges
and universities for the purpose of becoming certified teachers employed
in the public schools of this State. The recipient of a loan is entitled to
have up to one hundred percent of the amount of the loan plus the interest
on the loan canceled if he becomes certified and teaches in the public
schools of this State for at least five years. The loan is canceled at the rate
of twenty percent of the total principal amount of the loan plus interest on
the unpaid balance for each complete year of teaching service in a public
school. However, beginning July 1, 1990, the loan is canceled at the rate
of thirty-three and one-third percent of the total principal amount of the
loan plus interest on the unpaid balance for each complete year of
teaching service in both an academic critical need area and a geographic
need area as defined annually by the State Board of Education. In case of
failure to make a scheduled repayment of any installment, failure to apply
for cancellation or deferment of the loan on time, or noncompliance by a
borrower with the purpose of the loan, the entire unpaid indebtedness plus
interest is, at the option of the commission, immediately due and payable.
The recipient shall execute the necessary legal documents to reflect his
obligation and the terms and conditions of the loan. The loan program
must be administered by the South Carolina Student Loan Corporation.
Funds generated from repayments to the loan program must be retained
in a separate account and utilized as a revolving account for the purpose
of making additional loans. Appropriations for loans and administrative
costs must come from the Education Improvement Act of 1984 Fund, on
the recommendation of the Commission on Higher Education to the State
Treasurer, for use by the corporation. The select committee shall review
this scholarship loan program annually and report its findings and
recommendations to the General Assembly. For purposes of this item, a
'talented and qualified state resident' includes freshmen students who
graduate in the top ten percentile of their high school class, or who receive
a combined verbal plus mathematics Scholastic Aptitude Test score of at
least eleven hundred and enrolled students who have completed one year
(two semesters or the equivalent) of collegiate work and who have earned
a cumulative grade point average of at least 3.5 on a 4.0 scale. To remain
eligible for the loan while in college, the student must maintain at least a
3.0 grade point average on a 4.0 scale."
Teacher certification, development, and evaluation
SECTION 3. Section 59-26-30 of the 1976 Code, as last amended by
Section 13, Part II, Act 194 of 1989, is further amended to read:
"Section 59-26-30. (A) In the area of cognitive assessments for
teachers and teacher certification, the State Board of Education, acting
through the State Department of Education, shall:
(1) adopt a basic skills examination in reading, writing, and
mathematics that is suitable for determining whether students may be
admitted fully into an undergraduate teacher education program. The
examination must be designed so that results are reported in a form that
shall provide colleges, universities, and students with specific information
about his strengths and weaknesses. Procedures, test questions, and
information from existing examinations must be validated in accordance
with current legal requirements. The passing score on the examination
shall be set at a level that reflects the degree of competency in the basic
skills that, in the judgment of the State Board of Education, a prospective
school teacher reasonably is expected to achieve;
(2) adopt nationally recognized teaching examinations that measure
the cognitive teaching area competencies desired for initial job
assignments in typical elementary and secondary schools in this State.
The examinations shall contain a minimum amount of common or general
knowledge questions. They shall be designed so that results are reported
in a form that provide a student with specific information about the
student's strengths and weaknesses. Procedures, test questions, and
information from existing examinations and lists of validated teacher
competencies are used to the maximum extent in the development of the
examinations. An examination that is completely developed by an
organization other than the special project may be considered for use as
a whole only if the State Board of Education concludes that the
development and maintenance of a specific area test is impractical or
would necessitate exorbitant expenses. The examinations must be
validated. The teaching examinations must be developed or selected only
for those areas in which State Board of Education approved area
examinations are not available;
(3) use nationally recognized specific teaching area examinations
approved by the State Board of Education for certification purposes. The
qualifying scores on the area examinations shall be set at the same level
at which they are now set. The State Board of Education shall examine
these levels to determine if adjustments are required. Periodic
examinations shall be made to assure the validity of qualifying scores.
The qualifying scores may be adjusted if new legal requirements or
validity studies indicate the adjustments are necessary. In an area in
which an area teaching examination approved by the State Board of
Education is not available, the state board shall use the teaching
examinations developed in accordance with this section for certification
purposes as soon as those examinations are prepared, validated, and ready
for use;
(4) report the results of the teaching examinations to the student in
written form that provides specific information about the student's
strengths and weaknesses. Every effort must be made to report the results
of the area examinations and common examinations in written form that
provides specific information about the student's strengths and
weaknesses;
(5) report to each teacher training institution in the State the
performance of the institution's graduates on the teaching examinations.
The report to the institution must be in a form that assists the institution
in further identifying strengths and weaknesses in its teacher training
programs;
(6) provide for the security and integrity of the tests that are
administered under the certification program as currently provided by the
State Department of Education;
(7) award a teaching certificate to a person who successfully
completes the scholastic requirements for teaching at an approved college
or university and the examination he is required to take for certification
purposes;
(8) award a conditional teaching certificate to a person eligible to
hold a teaching certificate who does not qualify for full certification under
item (7) above provided the person has earned a bachelor's degree from
an accredited college or university with a major in a certification area for
which the board has determined there exists a critical shortage of teachers,
and the person has passed the appropriate teaching examination. The
board may renew a conditional teaching certificate annually for a
maximum of three years, if the holder of the certificate shows satisfactory
progress toward completion of a teacher certification program prescribed
by the board. In part, satisfactory progress is the progress that the holder
of a conditional certificate should complete the requirements for full
certification within three years of being conditionally certified;
(9) promulgate regulations and procedures whereby course credits
that may be applied to the recertification requirements of all public school
teachers are earned in courses that are relevant to the area in which the
teacher is recertified.
(B) For purposes of assisting, developing, and evaluating professional
teaching, the State Board of Education, acting through the State
Department of Education shall:
(1) adopt a set of state standards for teaching effectiveness which
shall serve as a foundation for all processes used for assisting, developing,
and evaluating student teachers, as well as teachers employed under
induction, provisional, annual, or continuing contracts;
(2) promulgate regulations to be used by colleges and universities
no later than the 1998-99 school year for evaluating and assisting student
teachers. Evaluation and assistance programs developed or adopted by
colleges or universities shall include appropriate training for all personnel
involved in the process. Student teachers shall be provided with guidance
and assistance throughout the student teaching assignment, as well as
provided with formal written feedback on their performance with respect
to state standards for teaching effectiveness;
(3) promulgate regulations to be used by local school districts no
later than the 1998-99 school year for providing formalized induction
programs for teachers employed under induction contracts. Induction
programs developed or adopted by school districts shall provide teachers
with comprehensive guidance and assistance throughout the school year,
as well as provide teachers with formal written feedback on their strengths
and weaknesses relative to all state standards for teaching effectiveness;
(4) promulgate regulations to be used by local school districts no
later than the 1998-99 school year for conducting formal evaluations of
teachers employed under provisional contracts. Formal evaluation
processes developed or adopted by school districts shall address legal and
technical requirements for teacher evaluation and shall assess typical
teaching performance relative to all state standards for teaching
effectiveness. Evaluation results must be provided in writing and
appropriate assistance must be provided when weaknesses in performance
are identified;
(5) promulgate regulations to be used by local school districts no
later than the 1998-99 school year for conducting formal evaluations of
teachers employed under annual contracts. Formal evaluation processes
developed or adopted by school districts shall address legal and technical
requirements for teacher evaluation and shall assess typical teaching
performance relative to all state standards for teaching effectiveness.
Evaluation results must be provided in writing and appropriate assistance
must be provided when weaknesses in performance are identified;
(6) promulgate regulations to be used by local school districts no
later than the 1998-99 school year for conducting evaluations of teachers
employed under continuing contracts. Continuing contract teachers must
be evaluated at least once every three years. At the discretion of the local
school district, evaluations for individual teachers may be formal or
informal. Formal evaluation processes developed or adopted by school
districts shall address legal and technical requirements for teacher
evaluation and shall assess typical teaching performance relative to all
state standards for teaching effectiveness. Evaluation results must be
provided in writing and appropriate assistance must be provided when
weaknesses in performance are identified. Informal evaluations shall be
conducted with a goals-based process which requires teachers to
accomplish individualized professional development goals. Goals shall
be established by the teacher, in consultation with a building administrator
and shall be supportive of district strategic plans and school renewal
plans;
(7) promulgate regulations so that, beginning with the 1998-99
school year, all college, university, and school district strategies,
programs, and processes for assisting, developing, and evaluating teachers
pursuant to this section, must be approved by the State Board of
Education. Regulations also shall establish procedures for conducting
periodic evaluations of the quality of the strategies, programs, and
processes adopted by school districts and institutions of higher education
in implementing the provisions of this chapter in order to provide a basis
for refining and improving the programs for assisting, developing, and
evaluating student teachers and teachers on induction, provisional, annual
and continuing contracts; planning technical assistance; and reporting to
the General Assembly on the impact of the comprehensive system for
training, certification, initial employment, evaluation and continuous
professional development of public educators in this State;
(8) promulgate regulations which establish procedures for the State
Department of Education to provide colleges, universities, and school
districts with ongoing technical assistance for assisting, developing, and
evaluating teachers pursuant to this section;
(9) promulgate regulations and procedures so that, beginning with
the 1998-99 school year or until such time as regulations required by this
section become effective and, thereafter, school districts shall report to the
State Department of Education teacher evaluation results and teaching
contract decisions on an annual basis. The State Department of Education
shall maintain this information and make it available to colleges,
universities, and school districts upon request;
(10) beginning with the 1997-98 school year, the Assessments of
Performance in Teaching (APT) shall no longer be used to evaluate
student teachers. Until such time as regulations pursuant to this section
become effective, colleges and universities shall evaluate and assist
student teachers in accordance with State Board of Education guidelines;
and
(11) during the 1997-98 school year, the APT shall no longer be
required for evaluating induction contract teachers. During this year, if
school districts are ready to implement a formal induction program for
induction contract teachers, as required by this section, they may do so.
If school districts are not ready to implement such a program, they must
progress toward developing or adopting a program to be implemented
beginning with the 1998-99 school year. In this circumstance, school
districts may use the APT. Beginning with the 1998-99 school year, no
school district shall use the APT for evaluating induction contract
teachers. Until such time as regulations pursuant to this section become
effective, school district strategies, programs, and processes for assisting,
developing, and evaluating teachers shall be developed, adopted, and
implemented in accordance with State Board of Education
guidelines."
Teacher contracts and employment
SECTION 4. Section 59-26-40 of the 1976 Code is amended to read:
"Section 59-26-40. (A) A person who receives a teaching
certificate as provided in Section 59-26-30 may be employed by a school
district under a nonrenewable induction contract. All school districts shall
comply with procedures and requirements promulgated by the State Board
of Education relating to aid, supervision, and evaluation of persons
teaching under an induction contract. All teachers working under an
induction contract must be paid at least the beginning salary on the state
minimum salary schedule.
(B) Each school district shall provide teachers employed under
induction contracts with a formalized induction program developed or
adopted in accordance with State Board of Education regulations.
(C) At the end of the one-year induction contract period, a teacher who
successfully completes the induction year, as determined by the local
school district, shall become eligible for employment at the annual
contract level. A teacher who, in the opinion of the local school district,
is not ready for employment at the annual contract level, shall become
eligible for employment under a one-year provisional contract. At the
discretion of the local school district in which the induction teacher was
employed, the district may employ the teacher eligible for an annual
contract under a one-year annual contract and may employ the teacher
eligible for a provisional contract under a one-year provisional contract
or the district may terminate his employment. If employment is
terminated, the teacher may seek employment in another school district
at the contract level for which the teacher is eligible. No person may be
employed as an induction teacher or as a provisional teacher for more than
one year. This subsection does not preclude his employment under an
emergency certificate in extraordinary circumstances if the employment
is approved by the State Board of Education. During the induction and
provisional contract periods, the employment dismissal provisions of
Article 3, Chapter 19, and Article 5, Chapter 25 of this title do not apply.
(D) Provisional contract teachers must be evaluated and assisted with
a process developed or adopted by the local school district in accordance
with State Board of Education regulations. Teachers employed under a
provisional contract must also complete an individualized professional
growth plan established by the school or district. Professional growth
plans shall be supportive of district strategic plans and school renewal
plans. At the end of the provisional contract year if a teacher has
successfully completed the formal evaluation process and the professional
growth plan, the teacher becomes eligible for employment at the annual
contract level. At the discretion of the school district in which the teacher
was employed, the district may employ the teacher under an annual
contract or terminate his employment. If employment is terminated, the
teacher may seek employment in another school district at the annual
contract level. If a teacher did not successfully complete the formal
evaluation process or the professional growth plan, the teacher shall not
be eligible for reemployment as a classroom teacher in any public school
in this State until the teacher completes six units of credit for certificate
renewal and six units of credit for remediation of identified deficiencies.
Upon completion of these requirements, the teacher is eligible for
employment under a provisional contract for one more year. This
subsection does not preclude his employment under an emergency
certificate in extraordinary circumstances if the employment is approved
by the State Board of Education.
. (E) Annual contract teachers must be evaluated and assisted with a
process developed or adopted by the local school district in accordance
with State Board of Education regulations. Teachers employed under an
annual contract must also complete an individualized professional growth
plan established by the school or district. Professional growth plans shall
be supportive of district strategic plans and school renewal plans.
(F) At the end of a first annual contract year, if a teacher has
successfully completed the evaluation process and it is the opinion of the
school district that the teacher's performance during the first annual
contract year was sufficiently high based on criteria established by the
State Department of Education and the local board of trustees, the teacher
becomes eligible for employment at the continuing contract level. At the
discretion of the school district in which the teacher is employed, the
district may employ the teacher under a continuing contract or terminate
the teacher's employment. If employment is terminated, the teacher may
seek employment in another school district. At the discretion of the next
hiring district, the teacher may be employed at the annual or continuing
contract level. If at the end of the first annual contract year a teacher did
not successfully complete the evaluation process or if it is the opinion of
the school district that the teacher's performance during the first annual
contract year was not sufficiently high based on criteria established by the
local board of trustees, the teacher is eligible for employment under a
second annual contract. At the discretion of the school district, the district
may employ the teacher under a second annual contract or terminate his
employment. If employment is terminated, the teacher may seek
employment in another school district at the annual contract level.
(G) At the end of a second annual contract year, if a teacher has
successfully completed the evaluation process and the professional growth
plan, the teacher becomes eligible for employment at the continuing
contract level. At the discretion of the school district in which the teacher
was employed, the district may employ the teacher under a continuing
contract or terminate his employment. If employment is terminated, the
teacher may seek employment in another school district at the continuing
contract level. If at the end of the second annual contract year a teacher
did not successfully complete the evaluation process or the professional
growth plan, the teacher may not be employed as a classroom teacher in
any public school in this State for a minimum of two years. Prior to
reentry as an 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. Upon completion of these requirements, the
teacher is eligible for employment under annual contracts for up to two
additional years to continue toward the next contract level. The provisions
of this subsection granting an opportunity for reentry into the profession
are available to a teacher only once. This subsection does not preclude the
teacher's employment under an emergency certificate in extraordinary
circumstances if the employment is approved by the State Board of
Education.
(H) During the annual contract period the employment dismissal
provisions of Article 3, Chapter 19 and Article 5, Chapter 25 of this title
do not apply. 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 the teacher for a hearing.
At the hearing all of the evidence must be reviewed by the superintendent.
The teacher may provide such information, testimony, or witnesses as the
teacher considers necessary. The decision by the superintendent must 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.
An appeal shall include:
(1) a brief statement of the questions to be presented to the board;
and
(2) a brief statement in which the teacher states his belief about how
the superintendent erred in his judgment.
Failure to file 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 the 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 must be rendered within
thirty-five calendar days of the receipt of the request. If the board
determines that a hearing by the board is warranted, the teacher must be
given written notice of the time and place of the hearing which must 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 is
final.
(I) A person who receives a conditional teaching certificate as
provided in Section 59-26-30 may be employed by a school district under
a provisional contract or an annual contract in accordance with the
provisions of this section. The holder of a conditional teaching certificate
must be employed to teach at least a majority of his instructional time in
the subject area for which he has received conditional certification.
(J) After successfully completing an induction contract year, and an
annual contract period, a teacher shall become eligible for employment at
the continuing contract level. This contract status is transferable to any
district in this State. Continuing contract teachers shall have full
procedural rights that currently exist under law relating to employment
and dismissal. Teachers employed under continuing contracts shall be
evaluated at least once every three years. At the discretion of the local
district and based on an individual teacher's needs and past performance,
the evaluation may be formal or informal. Formal evaluations shall be
conducted with a process developed or adopted by the local district in
accordance with State Board of Education regulations. The formal
process shall also include an individualized professional growth plan
established by the school or district. Professional growth plans shall be
supportive of district strategic plans and school renewal plans. Informal
evaluations which should be conducted for accomplished teachers who
have consistently performed at levels required by state standards, shall be
conducted with a goals-based process in accordance with State Board of
Education regulations. The professional development goals shall be
established by the teacher in consultation with a building administrator
and shall be supportive of district strategic plans and school renewal
plans.
(K) If a person has completed an approved teacher training program
at a college or university outside this State, has met all requirements for
certification in this State, and has less than one year of teaching
experience, he may be employed by a school district under an induction
contract. If he has one or more years of teaching experience, he may be
employed by a district under an annual contract.
(L) Teachers certified under the trades and industrial education
certification process are exempt from the provisions of the South Carolina
Education Improvement Act of 1984 which require the completion of
scholastic requirements for teaching at an approved college or university.
After completing an induction contract year, the teachers may be
employed for a maximum of one year under a provisional contract and
three years under an annual contract or for four years under annual
contracts to establish their eligibility for employment as continuing
contract teachers. Before being eligible for a continuing contract, these
teachers shall pass a basic skills examination developed in accordance
with Section 59-26-30, a state approved skill assessment in their area, the
teaching examination developed in accordance with Section 59-26-30,
and successfully complete the performance evaluations as required for all
teachers who are employed under annual contracts. Certification renewal
requirements for such teachers are those which are promulgated by the
State Board of Education.
(M) Before the initial employment of a teacher, the local school district
shall request a criminal record history from the South Carolina Law
Enforcement Division for past convictions of any crime.
(N) The State Department of Education shall ensure that colleges,
universities, school districts, and schools comply with the provisions
established in this chapter."
Repeal
SECTION 5. Section 59-26-80 of the 1976 Code is repealed.
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 10th day of June, 1997. |