H 4391 General Bill, By Kirsh and Bales
 A BILL TO AMEND SECTION 59-18-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO ACADEMIC PLANS FOR STUDENTS LACKING SKILLS TO PERFORM AT
 CURRENT GRADE LEVELS, REVIEW OF THE RESULTS, AND DEVELOPMENT OF STATEWIDE
 POLICIES PERTAINING THERETO, SO AS TO REVISE THE CONTENT OF AND PROCEDURES,
 TIMELINES, AND IMPLEMENTATION DATES FOR THESE ACADEMIC PLANS.

   01/05/00  House  Prefiled
   01/05/00  House  Referred to Committee on Education and Public Works
   01/11/00  House  Introduced and read first time HJ-445
   01/11/00  House  Referred to Committee on Education and Public
                     Works HJ-446

TO AMEND SECTION 59-18-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC PLANS FOR STUDENTS LACKING SKILLS TO PERFORM AT CURRENT GRADE LEVELS, REVIEW OF THE RESULTS, AND DEVELOPMENT OF STATEWIDE POLICIES PERTAINING THERETO, SO AS TO REVISE THE CONTENT OF AND PROCEDURES, TIMELINES, AND IMPLEMENTATION DATES FOR THESE ACADEMIC PLANS.

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

SECTION 1. 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 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 shall discuss the steps needed to ensure student success at the next grade level. An academic plan will must be developed to outline additional services the school and district will shall provide and the actions the student and the parents will shall undertake to further student success.

(B) The participants in the conference will shall sign off on the academic plan, including any requirement for summer school or comprehensive remediation program attendance. Should a parent, after attempts by the school to schedule the conference at their convenience, not attend the conference, the school will shall 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 must 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. 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.

At the end of the school year, the student's performance must 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, may be required to attend summer school, or 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. Comprehensive remediation programs established by the district must operate outside of the normal school day. Once the student's performance has been reviewed and a decision has been made concerning what option is best academically for the student, the academic plan must be reviewed and revised. Students shall continue to be served through academic plans during the following year. For students who are retained, school districts shall make every effort to provide an educational program that is different from the previous year's program and that takes into account the student's diagnosed academic weaknesses and learning style. 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 shall first appeal to a district review panel. Further appeal may be made to the district board of trustees.

(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 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 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.

To be phased in beginning in school year 2000-2001 for students in the third grade, the student's performance must be reviewed by appropriate school personnel after completing an academic plan for one year. The school personnel shall report to the parents whether the student's academic progress indicates readiness to achieve grade level standards for the next grade. If the student's work has not been at grade level, the terms of the academic plan have not been met, or assessment results indicate the student is not working at grade level, the student may be required to attend summer school, attend a comprehensive remediation program the following year, or be retained. Students whose performance is not at grade level at the conclusion of summer school but are promoted to the next grade, or students who are promoted but are required to attend a comprehensive remediation program must be placed on academic probation. Academic probation means either schoolwork is not up to grade level or assessment results again show standards are not met.

(1) After reviewing the student's performance, if it is the judgment of school personnel that the student would benefit academically from summer school, the student must be required to attend the district offered summer school program. At the conclusion of summer school, a district panel shall review the student's progress. The district panel shall report to the parents whether the student's academic progress indicates readiness to achieve grade level standards for the next grade. If in the district panel's judgment the student would benefit academically from retention after the completion of summer school, the student may be retained. If the student is not at grade level based on a review of assessment results, schoolwork, and teacher judgment, the district review panel may recommend that the student be promoted to the next grade and placed on academic probation. For students promoted and placed on academic probation, a conference of the student, parents, and appropriate school personnel must revise the student's academic plan to address academic difficulties. At the conference it must be stipulated that academic probation means that if the student is not at grade level based on a review of assessment results at the end of the probationary year, the student must be retained. If there is a compelling reason why retention is not in the best interest of the student, the parents, student, or school shall appeal the retention first to the district review panel. Further appeal may be made to the district board of trustees.

(2) After reviewing the student's performance, if it is the judgment of school personnel that the student would benefit academically from promotion to the next grade and attending a comprehensive remediation program, the student must be promoted to the next grade and required to attend the district offered comprehensive remediation program the following year. Students promoted and attending the comprehensive remediation program must be placed on academic probation. A conference of the student, parents, and appropriate school personnel must revise the student's academic plan to address academic difficulties. At the conference it must be stipulated that academic probation means if the student is not at grade level based on a review of assessment results at the end of the probationary year, the student must be retained. If there is a compelling reason why retention is not in the best interest of the student, the parents, student, or school must first appeal the retention to the district review panel. Further appeal may be made to the district board of trustees.

(3) After reviewing the student's performance, if it is the judgment of school personnel that the student would benefit academically from retention, the student must be retained in the current grade. A conference of the student, parents, and appropriate school personnel must revise the student's academic plan to address academic difficulties, and the student shall continue for another year on an academic plan. Every effort shall be made by the school to provide an educational program for retained students that is different from the previous year's program and that takes into account the student's diagnosed academic weaknesses and learning style. If there is a compelling reason why retention is not in the best interest of the student, the parents, student, or school must first appeal the retention to the district review panel. Further appeal may be made to the district board of trustees.

(E) Each district board of trustees will establish policies on academic conferences, individual student academic plans, and district level reviews, summer school, comprehensive remediation programs, and retention appeals. Information on these policies must be given to every student and parent. Each district is to shall 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 shall remain in effect.

(F) The State Board of Education, working with the Oversight Committee, will shall establish guidelines until regulations are promulgated to carry out this section. The State Board of Education, working with the Accountability Division, will shall 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 shall be used as a performance indicator for accountability."

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