S 0039 General Bill, By Short
 A BILL TO AMEND SECTION 59-18-500 OF THE SOUTH CAROLINA CODE OF LAWS TO STATE
 THAT A STUDENT'S ACADEMIC ACHIEVEMENT, PACT SCORES AND OTHER SIGNIFICANT
 FACTORS, AS DECIDED BY THE SCHOOLS DISTRICTS, ARE TO BE USED TO DETERMINE IF A
 STUDENT SHOULD BE REQUIRED TO ATTEND SUMMER SCHOOL, A COMPREHENSIVE
 REMEDIATION PROGRAM OR BE RETAINED.

   12/04/02  Senate Prefiled
   12/04/02  Senate Referred to Committee on Education
   01/09/03         Scrivener's error corrected
   01/14/03  Senate Introduced and read first time SJ-37
   01/14/03  Senate Referred to Committee on Education SJ-37

TO AMEND SECTION 59-18-500 OF THE SOUTH CAROLINA CODE OF LAWS TO STATE THAT A STUDENT'S ACADEMIC ACHIEVEMENT, PACT SCORES AND OTHER SIGNIFICANT FACTORS, AS DECIDED BY THE SCHOOLS DISTRICTS, ARE TO BE USED TO DETERMINE IF A STUDENT SHOULD BE REQUIRED TO ATTEND SUMMER SCHOOL, A COMPREHENSIVE REMEDIATION PROGRAM OR BE RETAINED.

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

SECTION    1.    Section 59-18-500 of the 1976 Code 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. After review, of If the student's academic achievement, PACT scores and other significant factors, as determined by the School District, 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. The comprehensive remediation program is to be designed to address objectives outlined in the student's 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. If there is a compelling reason why the student should not be required to attend summer school, a comprehensive remediation program 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 student's assessment results show standards are not met, the student must may 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 may be retained. Student's may not be placed on academic probation or retained based solely on the PACT scores. 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, 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.