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S*654

Session 109 (1991-1992)

S*0654(Rat #0057, Act #0027 of 1991)  General Bill, By Senate Education
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 59-103-160 so as to enact the English Fluency in Higher Education Act
 including provisions to require each public institution of higher learning to
 establish policies to ensure that instructional faculty whose second language
 is English possess adequate proficiency in both the written and spoken English
 language, and to require certain reports to be filed by each institution of
 higher learning in connection with this requirement.-amended title

   02/13/91  Senate Introduced, read first time, placed on calendar
                     without reference SJ-6
   02/14/91  Senate Special order SJ-25
   02/19/91  Senate Read second time SJ-17
   02/19/91  Senate Ordered to third reading with notice of
                     amendments SJ-17
   02/26/91  Senate Special order SJ-16
   02/28/91  Senate Amended SJ-26
   02/28/91  Senate Read third time and sent to House SJ-28
   03/05/91  House  Introduced, read first time, placed on calendar
                     without reference HJ-12
   03/06/91  House  Debate adjourned until Thursday, March 7, 1991 HJ-2
   03/07/91  House  Amended HJ-17
   03/07/91  House  Read second time HJ-17
   03/19/91  House  Read third time and returned to Senate with
                     amendments HJ-35
   03/21/91  Senate House amendment amended SJ-5
   03/21/91  Senate Returned to House with amendments SJ-5
   03/28/91  House  Concurred in Senate amendment and enrolled HJ-25
   04/18/91         Ratified R 57
   04/22/91         Signed By Governor
   04/22/91         Effective date 04/22/91
   04/22/91         Act No. 27
   04/30/91         Copies available

(A27, R57, S654)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-160 SO AS TO ENACT THE ENGLISH FLUENCY IN HIGHER LEARNING ACT INCLUDING PROVISIONS TO REQUIRE EACH PUBLIC INSTITUTION OF HIGHER LEARNING TO ESTABLISH POLICIES TO ENSURE THAT INSTRUCTIONAL FACULTY WHOSE SECOND LANGUAGE IS ENGLISH POSSESS ADEQUATE PROFICIENCY IN BOTH THE WRITTEN AND SPOKEN ENGLISH LANGUAGE, AND TO REQUIRE CERTAIN REPORTS TO BE FILED BY EACH INSTITUTION OF HIGHER LEARNING IN CONNECTION WITH THIS REQUIREMENT.

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

English Fluency in Higher Learning Act

SECTION 1. The 1976 Code is amended by adding:

"Section 59-103-160. (A) This section may be cited as the English Fluency in Higher Learning Act.

(B) The following words and phrases when used in this section have the meanings given to them unless the context clearly indicates otherwise:

`Instructional faculty' means every member of a public institution of higher learning whose first language is not English, other than visiting faculty but including graduate teaching assistants, who teaches one or more undergraduate credit courses at a campus of that institution within this State except:

(1) courses that are designed to be taught predominately in a foreign language;

(2) student participatory and activity courses such as clinics, studios, and seminars;

(3) special arrangement courses such as individualized instruction and independent study courses; and

(4) continuing education courses.

(1) ensure that the instructional faculty whose second language is English possess adequate proficiency in both the written and spoken English language. Student and faculty input is required in establishing these policies.

(2) provide students with a grievance procedure regarding an instructor who is not able to write or speak the English language.

(D) (1) Each institution of higher learning must submit its policy or amendments to the Commission on Higher Education within six months from the effective date of this section. Any amendments to the policy must be promptly forwarded to the commission. The commission shall notify the chairmen of the Senate and House Education Committees of those institutions not submitting plans and any amendment to the commission.

(2) Each institution of higher learning must report annually to the Commission on Higher Education and the chairmen of the Senate and House of Representatives Education Committees grievances filed by students under the requirement of subsection (C)(2) and the disposition of those grievances."

Time effective

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

Approved the 22nd day of April, 1991.

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