H 3780 General Bill, By Townsend and Walker
 A BILL TO AMEND SECTION 59-18-500, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ACADEMIC PLANS AND ACTIONS FOR STUDENTS LACKING SKILLS TO PERFORM
 AT THEIR CURRENT GRADE LEVEL, SO AS TO FURTHER PROVIDE FOR THESE ACADEMIC
 PLANS AND ACTIONS AUTHORIZED TO BE TAKEN INCLUDING A REQUIREMENT THAT THE
 STUDENTS ATTEND A COMPREHENSIVE REMEDIATION PROGRAM AND FURTHER REQUIREMENTS
 IN REGARD TO THE PROMOTION OR RETENTION OF THESE STUDENTS.

   03/24/99  House  Introduced and read first time HJ-39
   03/24/99  House  Referred to Committee on Education and Public
                     Works HJ-39

TO AMEND SECTION 59-18-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC PLANS AND ACTIONS FOR STUDENTS LACKING SKILLS TO PERFORM AT THEIR CURRENT GRADE LEVEL, SO AS TO FURTHER PROVIDE FOR THESE ACADEMIC PLANS AND ACTIONS AUTHORIZED TO BE TAKEN INCLUDING A REQUIREMENT THAT THE STUDENTS ATTEND A COMPREHENSIVE REMEDIATION PROGRAM AND FURTHER REQUIREMENTS IN REGARD TO THE PROMOTION OR RETENTION OF THESE STUDENTS.

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

SECTION 1. Section 59-18-500 of the 1976 Code, as added by Act 400 of 1998, is 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 through eight 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, or he may be required to attend summer school, or he may be required to attend a comprehensive remediation program approved by the State Board of Education 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 shall be considered on academic probation. Comprehensive remediation programs established by the district must operate outside of the normal school day. 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 will 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 student's assessment results show standards are not met, the student will be placed on academic probation. A conference of the student, parents, and appropriate school personnel will revise the academic plan to address academic difficulties. At the conference it must be stipulated that academic probation means if either school work 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. At the end of the academic probation year, the student may be promoted or retained based on local board policy established in subsection (F) of this section.

(E) Beginning in school year 1999-2000 and with the students in the third grade class, if a student has been on academic probation and if either school work is not up to grade level or assessment results again show standards are not met then the student shall be retained. However, if there is a compelling reason why retention is not in the best interest of the student, the parents, student, or school may appeal the retention to the district review panel or ultimately to the district board of trustees. Based on the information presented at the appeal, if the district review panel or the district board of trustees finds that retention is not in the best interest of the student, retention may be overruled and the student may be promoted to the next grade.

(F) Each district board of trustees will establish policies on academic conferences, individual student academic plans, and district level reviews, and promotion and retention. 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)(G) 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, number of students retained after being on probation, and 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.