H 3968 General Bill, By Townsend, Walker and Stille
 A BILL TO AMEND SECTION 59-18-330, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE FIRST GRADE READINESS TEST, SO AS TO PROVIDE THAT STUDENTS
 DETERMINED TO HAVE 'RARELY DEMONSTRATED' SKILLS REQUIRED IN THE ENGLISH AND
 MATH STANDARDS SHALL HAVE AN ACADEMIC PLAN DEVELOPED TO OUTLINE ADDITIONAL
 SERVICES THE SCHOOL AND DISTRICT WILL PROVIDE AND THE ACTIONS THE STUDENT AND
 THE PARENTS WILL UNDERTAKE TO FURTHER STUDENT SUCCESS; AND TO AMEND SECTION
 59-18-500, AS AMENDED, RELATING TO ACADEMIC PLANS FOR STUDENTS LACKING SKILLS
 TO PERFORM AT CURRENT GRADE LEVEL FOR SPECIFIED GRADES, SO AS TO REVISE THE
 GRADES TO WHICH THIS PROVISION APPLIES AND TO PROVIDE THAT STUDENTS NOT
 MEETING THE STANDARDS IN GRADE EIGHT MAY BE REQUIRED TO ATTEND A COMPREHENSIVE
 REMEDIATION PROGRAM THE FOLLOWING YEAR DESIGNED TO ADDRESS OBJECTIVES OUTLINED
 IN THEIR ACADEMIC PLAN.

   04/09/03  House  Introduced and read first time HJ-24
   04/09/03  House  Referred to Committee on Education and Public
                     Works HJ-24

TO AMEND SECTION 59-18-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIRST GRADE READINESS TEST, SO AS TO PROVIDE THAT STUDENTS DETERMINED TO HAVE 'RARELY DEMONSTRATED' SKILLS REQUIRED IN THE ENGLISH AND MATH STANDARDS SHALL HAVE AN ACADEMIC PLAN DEVELOPED TO OUTLINE ADDITIONAL SERVICES THE SCHOOL AND DISTRICT WILL PROVIDE AND THE ACTIONS THE STUDENT AND THE PARENTS WILL UNDERTAKE TO FURTHER STUDENT SUCCESS; AND TO AMEND SECTION 59-18-500, AS AMENDED, RELATING TO ACADEMIC PLANS FOR STUDENTS LACKING SKILLS TO PERFORM AT CURRENT GRADE LEVEL FOR SPECIFIED GRADES, SO AS TO REVISE THE GRADES TO WHICH THIS PROVISION APPLIES AND TO PROVIDE THAT STUDENTS NOT MEETING THE STANDARDS IN GRADE EIGHT MAY BE REQUIRED TO ATTEND A COMPREHENSIVE REMEDIATION PROGRAM THE FOLLOWING YEAR DESIGNED TO ADDRESS OBJECTIVES OUTLINED IN THEIR ACADEMIC PLAN.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 59-18-330 of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"Section 59-18-330.    The State Board of Education, through the State Department of Education, shall develop, select, or adapt a first grade readiness test which is linked to the adopted grade one academic standards and a second grade readiness test which is linked to the adopted grade two academic standards. The first administration of this test must occur no later than the 2000-2001 school year. The purpose of the tests is to measure individual student readiness, and they are not to be used as an accountability measure at the state level. However, the grade two readiness test will serve as the baseline for grade three assessment. Students determined to have 'rarely demonstrated' skills required in the English and math standards shall have an academic plan developed to outline additional services the school and district will provide and the actions the student and the parents will undertake to further student success. Services provided by the school may include, but are not limited to, attendance in a comprehensive remediation program to address objectives outlined in the academic plan."

SECTION    2.    Section 59-18-500 of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:

"Section 59-18-500.    (A)    Beginning in 1998-99 and annually thereafter, at the beginning of each school year, the school must notify the parents of the need for a conference for each student in grades three two through eight nine who lacks the skills to perform at his current grade level based on assessment results, school work, or teacher judgment. At the conference, the student, parent, and appropriate school personnel will discuss the steps needed to ensure student success at the next grade level. An academic plan will be developed to outline additional services the school and district will provide and the actions the student and the parents will undertake to further student success.

(B)    The participants in the conference will sign off on the academic plan, including any requirement for summer school attendance. Should a parent, after attempts by the school to schedule the conference at their convenience, not attend the conference, the school will appoint a school mentor, either a teacher or adult volunteer, to work with the student and advocate for services. A copy of the academic plan will be sent to the parents by certified mail.

(C)    At the end of the school year, the student's performance will be reviewed by appropriate school personnel. If the student's work has not been at grade level or if the terms of the academic plan have not been met, the student may be retained, he may be required to attend summer school, or he may be required to attend a comprehensive remediation program the following year designed to address objectives outlined in the academic plan for promotion. Students required to participate the following year in a comprehensive remediation program must be considered on academic probation. Comprehensive remediation programs established by the district shall operate outside of the normal school day and must meet the guidelines established for these programs by the State Board of Education. Students not meeting standards in grade eight may be required to attend a comprehensive remediation program the following year designed to address objectives outlined in their academic plan. If there is a compelling reason why the student should not be required to attend summer school or be retained, the parent or student may appeal to a district review panel.

(D)    At the end of summer school, a district panel must review the student's progress and report to the parents whether the student's academic progress indicates readiness to achieve grade level standards for the next grade. If the student is not at grade level or the students student's assessment results show standards are not met, the student must be placed on academic probation. A conference of the student, parents, and appropriate school personnel must revise the academic plan to address academic difficulties. At the conference it must be stipulated that academic probation means if either school work schoolwork is not up to grade level or if assessment results again show standards are not met, the student will be retained. The district's appeals process remains in effect.

(E)    Each district board of trustees will establish policies on academic conferences, individual student academic plans, and district level reviews. Information on these policies must be given to every student and parent. Each district is to monitor the implementation of academic plans as a part of the local accountability plan. Districts are to use Act 135 of 1993 academic assistance funds to carry out academic plans, including required summer school attendance. Districts' policies regarding retention of students in grades one and two remain in effect.

(F)    The State Board of Education, working with the Oversight Committee, will establish guidelines until regulations are promulgated to carry out this section. The State Board of Education, working with the Accountability Division, will promulgate regulations requiring the reporting of the number of students retained at each grade level, the number of students on probation, the number of students retained after being on probation, and the number of students removed from probation. This data will be used as a performance indicator for accountability."

SECTION    2.    This act takes effect upon approval by the Governor.