SECTION 1 -
H63-DEPARTMENT OF EDUCATION
1.1. (SDE:
Appropriation Transfer Prohibition) The amounts appropriated herein for aid to
subdivisions, allocations to school districts, or special line items shall not
be transferred and must be expended in accordance with the intent of the
appropriation, except that the department may transfer funds that are deducted
and retained from a school district’s transportation allocation to reimburse
the department for the cost of unauthorized mileage. This transfer must be
agreed upon by both the school district and the department. Those funds may be
transferred into the department’s school bus transportation operating account.
1.2. (SDE: DHEC -
Comprehensive Health Assessment) All school districts shall participate, to
the fullest extent possible, in the Medicaid program by seeking appropriate
reimbursement for services and administration of health and social
services.Reimbursements to the school districts shall not be used to supplant
funds currently being spent on health and social services.
1.3. (SDE: EFA
Formula/Base Student Cost Inflation Factor) To the extent possible within
available funds, it is the intent of the General Assembly to provide for one
hundred percent of full implementation of the Education Finance Act to include
an inflation factor projected by the Revenue and Fiscal Affairs Office to match
inflation wages of public school employees in the Southeast. The base student
cost for the current fiscal year has been determined to be $2,220. For the
current fiscal year, the total pupil count is projected to be714,394. The
average per pupil funding is projected to be$5,536 state,$1,185 federal,
and$5,371 local. This is an average total funding level of$12,092 excluding
revenues of local bond issues. For the current fiscal year the South Carolina
Public Charter School District and any institution of higher education
sponsoring a public charter school shall receive and distribute state EFA funds
to the charter school as determined by one hundred percent of the current
year’s base student cost, as funded by the General Assembly multiplied by the
weighted students pupils enrolled in the charter school, which must be subject
to adjustment for student attendance.
TheRevenue and Fiscal
Affairs Office, must post in a prominent place on their website for each school
district projections, including the per pupil state, federal and local
revenues, excluding revenues of local bond issues, for the current fiscal
year. Also, as soon as practicable, upon determining the exact numbers
regarding pupil count and funding, theRevenue and Fiscal Affairs Office, shall
also post on their website the one hundred thirty-five day average daily
membership for each school district and per pupil state, federal and local
revenues, excluding revenues of local bond issues, based on the most recent
audited financial statement as reported annually pursuant to Section 59‑17-100.
The Department of Education and the Education Oversight Committee shall provide
in a prominent place on their internet websites a link to the information
posted by theRevenue and Fiscal Affairs Office, including the projected numbers
and the exact numbers.
For the current fiscal year,
the pupil classification weightings are as follows:
(1) K-12 pupils or base students including
homeboundstudents 1.00
Students
served in licensed residential treatment facilities (RTFs) for children and
adolescents as defined under Section 44-7-130 of the 1976 Code shall receive a
weighting of 2.10.
(2) Weights for students
with disabilities as prescribed in Section 59-20-40(1)(c) Special Programs
(3) Precareer
and Career Technology 1.29
(4) Additional
weights for personalized instruction:
(A) Gifted
and Talented 0.15
(B) Academic
Assistance 0.15
(C) Limited
English Proficiency 0.20
(D) Pupils
in Poverty 0.20
No local match is required
for the additional weightings for personalized instruction in school
year2015-16. Charter school per pupil calculations for locally sponsored
charters will continue to be calculated according to Section 59-40-140 of the
1976 Code.Students may receive multiple weights for personalized instruction;
however, within each weight, students should only be counted once. These
weights are defined below:
Gifted and talented students
are students who are classified as academically or artistically gifted and
talented or who are enrolled in Advanced Placement (AP) and International
Baccalaureate (IB) courses in high school. Districts shall set-aside twelve
percent of the funds for serving artistically gifted and talented students in
grades three through twelve.
Students in need of academic
assistance are students who do not meet state standards in mathematics, English
language arts, or both on state approved assessments in grades three through
eight and high school assessments for grades nine through twelve. The
additional weight generates funds needed to provide additional instructional
services to these students.
Students with limited
English proficiency are students who require intensive English language
instruction programs and whose families require specialized parental
involvement intervention.
For the2015-16 school year,
students in poverty will continue to be defined as students eligible for
free/reduced lunch and/or Medicaid. The Department of Education will continue
to use counts from the 2013-14 school year to determine poverty funding for the
add-on weighting. The department shall report on the effects USDA community
certification have had on the ability for individual districts to report their
poverty rate no later than October 1, 2015, and shall provide recommendations
on using poverty data from the United States Census Bureau to calculate a
district’s poverty allocation in lieu of direct certification to the Governor,
the Chairman of the Senate Finance Committee, and the Chairman of the House
Ways and Means Committee.
Further, the Department of
Education may use school district student counts for personalized instruction
as collected in the same manner as the prior fiscal year, PowerSchool or other
available existing data sources as determined by the department to calculate
the school district add on weightings for the personalized instruction classifications
and the determination of the school districts monetary entitlement. End of year
adjustments shall be based on the one hundred thirty-five day student average
daily membership for all classifications. During the current fiscal year the
department will update PowerSchool calculations, reports, screen development,
documentation, and training to incorporate the new pupil classification
weightings and to make final district allocation adjustments by June 30,2016.
The department must provide districts with technical assistance with regard to
student count changes in PowerSchool.
1.4. (SDE: EFA -
Formula) The amount appropriated in Part IA, Section 1 for “Education Finance
Act” shall be the maximum paid under the provisions of Act 163 of 1977 (the
South Carolina Education Finance Act of 1977) to the aggregate of all
recipients. The South Carolina Education Department shall develop formulas to
determine the state and required local funding as stipulated in the South
Carolina Education Finance Act of 1977. Such formulas shall require the
approval of the State Board of Education and the State Fiscal Accountability
Authority. After computing the EFA allocations for all districts, the
department shall determine whether anydistricts’ minimum required local revenue
exceeds the districts’ total EFA Foundation Program. When such instance is
found, the department shall adjust the index of taxpaying ability to reflect a
local effort equal to the cost of the districts’ EFA Foundation Program. The
districts’ weighted pupil units are to be included in determination of the
funds needed for implementation of the Education Finance Act statewide.
In the event that the
formulas as devised by the Department of Education and approved by the State
Board of Education and the State Fiscal Accountability Authority should provide
for distribution to the various school districts totaling more than the amount
appropriated for such purposes, subject to the provisions of this proviso, the
Department of Education shall reduce each school district entitlement by an
equal amount per weighted pupil so as to bring the total disbursements into
conformity with the total funds appropriated for this purpose. If a reduction
is required in the state’s contribution, the required local funding shall be
reduced by the proportionate share of local funds per weighted pupil unit. The
Department of Education shall continually monitor the distribution of funds
under the provisions of the Education Finance Act and shall make periodic
adjustments to disbursements to ensure the aggregate of such disbursements do
not exceed the appropriated funds.
Local districts shall not be
mandated or required to inflate the base number in their respective salary
schedules by any percentage greater than the percentage by which the
appropriated base student cost exceeds the appropriated base student cost of
the prior fiscal year.
1.5. (SDE: Employer
Contributions/Allocations) It is the intent of the General Assembly that the
appropriation contained herein for “Public School Employee Benefits” shall not
be utilized to provide employer contributions for any portion of a school
district employee’s salarythat is federally funded.
State funds allocated for
school district employer contributions must be allocated by the formula and
must be used first by each district to cover the cost of fringe benefits for
personnel required by the Defined Program, food service personnel and other
personnel required by law. Once a district has expended all state allocated
funds for fringe benefits, the district may utilize food service revenues to
fund a proportionate share of fringe benefits costs for food service personnel.
The Department of Juvenile
Justice and the Department of Corrections’ school districts must be allocated
funds under the fringe benefits program in accordance with criteria established
for all school districts.
1.6. (SDE: Employer
Contributions/Obligations) In order to finalize each school district’s
allocations of Employer Contributions funds for retiree insurance from the
prior fiscal year, the Department of Education is authorized to adjust a school
district’s allocation in the current fiscal year accordingly to reflect actual
payroll and payments to the Retirement System from the prior fiscal year. In
the event the Department of Education is notified that an educational
subdivision has failed to remit proper payments to cover Employee Fringe
Benefit obligations, the Department of Education is directed to withhold the
educational subdivision’s state funds until such obligations are met.
1.7. (SDE:
Governor’s School for Science & Math) Any unexpended balance on June
thirtieth of the prior fiscal year of funds appropriated to or generated by the
Governor’s School for Science and Mathematics may be carried forward and
expended in the current fiscal year pursuant to the direction of the board of
trustees of the school.
1.8. (SDE:
Educational Responsibility/Foster Care) The responsibility for providing a
free and appropriate public education program for all children including
disabled students is vested in the public school district wherein a child of
lawful school age resides in a foster home, group home, orphanage, or a state
operated health care facility including a facility for treatment of mental
illness or chemical dependence and habilitation centers forpersons with
intellectual disabilities or persons with related conditions located within the
jurisdiction of the school district or alternative residences. The districts
concerned may agree upon acceptable local cost reimbursement. If no agreement
is reached, districts providing education shall receive from the district where
the child last resided before placement in a facility an additional amount
equivalent to the statewide average of the local base student cost multiplied
by the appropriate pupil weighting as set forth in Section 59-20-40 of the
Education Finance Act. If a child from out of state is residing in a facility
owned and/or operated by a for profit entity, the district providing
educational services shall be reimbursed by the for profit entity the local
district’s local support per weighted pupil above the statewide average base
student cost multiplied by the appropriate pupil weighting as set forth in
Section 59-20-40 of the Education Finance Act. This also applies to John de la
Howe School who also has the authority to seek reimbursement in any situation
that the school district has participation in the placement of the student.
John de la Howe School shall be reimbursed the local district’s local support
per weighted pupil above the statewide average base student cost multiplied by
the appropriate pupil weighting as set forth in Section 59-20-40 of the
Education Finance Act. Participation will be evidenced by a written agreement
from the IEP team or 504 team, written referral, or the school district
initiating the placement process. School districts providing the education
shall notify the nonresident district in writing within forty-five calendar
days that a student from the nonresident district is receiving education
services pursuant to the provisions of the proviso. The notice shall also
contain the student’s name, date of birth, and disabling condition if
available. If appropriate financial arrangements cannot be effected between
institutions of the state, including independent school districts under the
authority of the Department of Disabilities and Special Needs, and school
districts, institutions receiving educational appropriations shall pay the
local base student cost multiplied by the appropriate pupil weighting.
Children residing in institutions of state agencies shall be educated with
nondisabled children in the public school districts if appropriate to their
educational needs. Such institutions shall determine, on an individual basis,
which children residing in the institution might be eligible to receive
appropriate educational services in a public school setting. Once these
children are identified, the institution shall convene an IEP meeting with
officials of the public school district in which the institution is located.
If it is determined by the committee that the least restrictive environment in
which to implement the child’s IEP is a public school setting, then the school
district in which the institution is located must provide the educational
services. However, that school district may enter into contractual agreements
with any other school district having schools located within a forty-five mile
radius of the institution. The cost for educating such children shall be allocated
in the following manner: the school district where the child last resided
before being placed in an institution shall pay to the school district
providing the educational services an amount equivalent to the statewide
average of the local base student cost multiplied by the appropriate pupil
weighting as set forth in Section 59-20-40 of the Education Finance Act; the
school district providing the educational services shall be able to count the
child for all funding sources, both state and federal. The institution and
school district, through contractual agreements, will address the special
education and related services to be provided to students. Should the school
district wherein the institution is located determine that the child cannot be
appropriately served in a public school setting, then the institution may
request a due process hearing pursuant to the procedures provided for in the
Individuals with Disabilities Education Act.
The agreed upon acceptable
local cost reimbursement or the additional amount equivalent to the statewide
average of the local base student cost multiplied by the appropriate pupil
weighting set forth in Section 59-20-40, for instructional services provided to
out-of-district students, shall be paid within sixty days of billing, provided
the billing district has provided a copy of the invoice to both the
Superintendent and the finance office of the district being invoiced. Should
the district not pay within sixty days, the billing district can seek relief
from the Department of Education. The department shall withhold EFA funding
equal to the billing from the district refusing to pay and submit the funding
(equal to the invoice) to the billing school district.
The agency placing a child
in any situation that requires changing school districts, must work with the
schools to assure that all required school records, including confidential
records, are transferred from the sending to the receiving school within
three working days. School records to be transferred should include grade
transcripts, state birth certificate, certificate of immunization, social
security card, attendance records, discipline records, IEP’s, psychological
reports (or notation in the school records that a psychological report on the
child is available at the school district office) and any other records
necessary for the appropriate placement of the child in the new school. School
districts must release all records upon presentation of a court order or
appropriate permission for confidential release. If evaluation or placement is
pending, the receiving school district is responsible to secure information and
to complete the placement. The receiving school will maintain appropriate
confidentiality of all records received on a child.
1.9. (SDE: Instruction
in Juvenile Detention Centers) It shall be the responsibility of the school
district where a local juvenile detention center is located to provide adequate
teaching staff and to ensure compliance with the educational requirements of
this State. Students housed in local juvenile detention centers are to be
included in the average daily membership count of students for that district
and reimbursement by the Department of Education made accordingly.
1.10. (SDE:
Revenue Authorization) The State Department of Education is hereby authorized
to collect, expend, and carry forward revenues in the following areas to offset
the cost of providing such services: the sale of publications, manuals and
forms, the sale of Apple Tags, royalties, contributions, donations, foundation
funds, special grants and contracts, brochures, photo copies, listings and
labels, Directory of South Carolina Schools, student health record cards, items
to be recycled, and high school diplomas and certificates; the collection of out-of-state
and in-state investigation fees, registration fees for non‑SDE employees,
recurring facility inspection fees, teacher certification fees; the handling of
audio-visual film; the provision of contract computer services to school
districts and other state agencies, joint broadcast service to school
districts, and education-related statistics through agreement with the National
Center for Education Statistics; the lease or sale of programs of television,
audio or microcomputer software; the lease or sale of virtual courses to other
states; the collection of damage fees for instructional materials and the sale
of unusable instructional materials; sale of fuel; use and repair of
transportation equipment; fees for Medicaid reimbursable transportation; the
receipt of insurance and warranty payments on Department of Education equipment
and the sale of used school buses and support equipment. The Department of
Education is authorized to collect revenue for deposit into the State General
Fund for testing material purchases and test rescoring fees. The Department of
Education is authorized to expend revenue collected for lost and damaged
instructional materials and the sale of unusable instructional materials for
the purpose of contracting for the purchase and maintenance of a statewide
textbook inventory management system, provided that schools’ newly-adopted
instructional materials needs are met first.
1.11. (SDE:
School District Bank Accounts) Each school district in this State, upon the
approval of the district’s governing body, may maintain its own bank account
for the purpose of making disbursement of school district funds as necessary to
conduct school district business and each county treasurer is hereby authorized
to transfer such amount as needed, upon receipt of a written order certified by
the district governing body or their designee. Such order shall contain a
statement that such amount is for immediate disbursement for the payment of
correct and legal obligation of the school district.
1.12. (SDE:
School Lunch Program Aid) The amount appropriated herein for School Lunch
Program Aid shall be divided among the District and/or County Boards of
Education of the State upon the basis of the number of schools participating in
the School Lunch Program in each district during the prior school year. The
travel expenses of the District and/or County School Lunch Supervisor shall be
paid from this appropriation at the prevailing rate of mileage allowed by the
State. These funds may be used as an aid in improving the School Lunch
Program. These funds may not be used to supplement the salaries of school
lunch supervisors. In the absence of a County Board of Education in
multi-district counties, the funds will be divided among the school districts
of the county on the basis of the number of schools participating in the School
Lunch Program in each district during the prior school year.
1.13. (SDE:
Travel/Outside of Continental U.S.) School District allocations from General
Funds, lottery, and EIA funds shall not be used for travel outside of the
continental United States. The International Baccalaureate Program shall be
exempt from this restriction.
1.14. (SDE: Year
End Closeout) The State Department of Education is authorized to expend
federal and earmarked funds (not including state or EIA funds) in the current
fiscal year for expenditures incurred in the prior year; however, state funds
appropriated in Part IA, Section 1, XIV, Aid to School Districts, for the
Children’s Case Resolution System or private placements for services provided
to children with disabilities may be used for those expenditures in prior
fiscal years. The department is also authorized to use appropriated funds to
pay for textbooks shipped in the fourth quarter of the prior fiscal year.
1.15. (SDE:
Transportation Collaboration) The Department of Education School Bus
Maintenance Shops shall be permitted, on a cost reimbursable-plus basis, to
deliver transportation maintenance and services to vehicles owned or operated
by public agencies in South Carolina.
School buses operated by
school districts, other governmental agencies or head start agencies for the
purpose of transporting students for school or school related activities shall
not be subject to state motor fuel taxes. Further, that school districts,
other governmental agencies or head start agencies may purchase this fuel, on a
cost reimbursable‑plus basis, from the Department of Education School Bus
Maintenance Shops.
1.16. (SDE:
School Bus Insurance) The Department of Education shall maintain comprehensive
and collision insurance or self-insure state-owned buses. In no event shall
the department charge local school districts for damages to the buses which are
commonly covered by insurance.
1.17. (SDE:
Teacher Data Collection) Of the non-program funds appropriated to the
Department of Education,it and the Commission on Higher Education shall share
data about the teaching profession in South Carolina. The data sharing should
ensure (1) a systematic report on teacher supply and demand information and (2)
data to determine classes being taught by public school teachers out of field
of their preparation. The data collection should include but not be limited
to: classes/subjects taught, number of students taught, percentage of teacher
education graduates from South Carolina colleges/universities who go into
teaching, percentage of teacher education graduates who teach in public schools
in South Carolina, percentage of new teachers who leave the South Carolina
teaching profession in the first three years of public school teaching due to
unsuccessful evaluations, percentage of new teachers who leave the profession
in the first three years of public school teaching in South Carolina who have
successful evaluations, turnover rate of teachers and certification areas with
highest vacancies. All database items should be set up so that it can be
disaggregated by ethnicity, gender, geographic location, etc.
1.18. (SDE:
School Building Aid) Of the funds appropriated in Part IA for School Building
Aid, $500,000 shall be allocated on a K-12 per pupil basis to Multi-District
Area Vocational Schools.
1.19. (SDE:
School Bus Driver CDL) From funds provided in Part IA, Section 1, X.B., local
school districts shall request a criminal record history from the South
Carolina Law Enforcement Division for past conviction of any crimebefore the
initial employment of a school bus driver or school bus aide. The Department
of Education and the school districts shall be treated as a charitable organization
for purposes of the fee charged for the criminal records search.
1.20. (SDE:
School Bus Purchase) Any procurement of school buses with funds appropriated
in this act or any other appropriation bill must meet specifications developed
by the School Bus Specification Committee as established by the State
Superintendent of Education. The School Bus Specifications Committee shall
allow for input from all school bus chassis and body manufacturers. However,
if it is safe, more economical, and in the public interest, the department may
use the school bus specifications ofanother state in the procurement of school
buses. If the department uses the specifications ofanother state, the
department must submit a report to the Chairman of the Senate Finance Committee
and the Chairman of the House Ways and Means Committee detailing the
methodology by which the alternative specifications were determined to be safe,
more economical, and in the public interest, when compared to the
specifications set forth by the School Bus Specifications Committee.
1.21. (SDE:
Buses, Parts, and/or Fuel) Funds appropriated for other operating in program
X.B. - Bus Shops and funds appropriated in X.C. - Buses may be used to purchase
buses, fuel, parts, or other school bus related items. All funds appropriated
for bus fuel, parts/supplies, maintenance, and bus purchases may be carried
forward from the prior fiscal year and expended in the current fiscal year to
support bus transportation services.
1.22. (SDE:
Mitford Transportation Costs) Transportation costs for the transporting of
students from the Mitford area of Fairfield County to schools in the Great
Falls area of Chester County is not the responsibility of and shall not be
borne by the Chester County School District. These transportation costs shall
continue to be the responsibility of the State Department of Education.
1.23. (SDE:
Status Offenders/John de la Howe) The funds appropriated for the Status
Offender Program shall be distributed to John de la Howe School to expand
residential programs to include court ordered status offenders. Components of
such a program shall include collaboration between the home school district and
the residential school and treatment or related services to the families of
students in placement.
1.24. (SDE:
Governor’s School Leave Policy) The South Carolina Governor’s School for the
Arts and Humanities and the South Carolina Governor’s School for Science and
Mathematics are authorized to promulgate administrative policy governing annual
and sick leave relative to faculty and staff with the approval of their
respective board of directors. This policy shall address their respective
school calendars in order to comply with the instructional needs of students
attending both special schools.
1.25. (SDE:
School Facilities Management System) School Districts may use capital
improvement bond funds, lapsed funds or any other unexpended appropriated funds
or revenues to access the Department of Education’s School Facilities
Management System database.
1.26. (SDE:
School Board Meetings) Of the funds appropriated through the Department of
Education for technology related expenses, school districts that have a website
shall place a notice of a regularly scheduled school board meeting twenty-four
hours in advance of such meeting. The notice shall include the date, time, and
agenda for the board meeting. The school district shall place the minutes of
the board meeting on their website within ten days of the next regularly
scheduled board meeting.
1.27. (SDE:
Proviso Allocations)In the event an official General Fund revenue shortfall is
declared by the Board of Economic Advisors, the Department of Education may
reduce any allocation in Section 1 specifically designated by proviso in
accordance with the lower Board of Economic Advisors revenue estimate as
directed by the Executive Budget Office, except the additional EFA allocation
to the South Carolina Public Charter School District. The reduction may not be
greater than the total percentage of reduction of the Section 1 appropriation.
Should the department hold back funds in excess of the total percentage
reduction those funds must be allocated per the proviso. No allocation for
teacher salaries shall be reduced as a result of this proviso.
1.28. (SDE:
School Districts and Special Schools Flexibility) All school districts and
special schools of this State may transfer and expend funds among appropriated
state general fund revenues, Education Improvement Act funds, Education Lottery
Act funds, and funds received from the Children’s Education Endowment Fund for
school facilities and fixed equipment assistance, to ensure the delivery of
academic and arts instruction to students. However, a school district may not
transfer funds allocated specifically for state level maintenance of effort
requirements under IDEA, funds allocated specifically for state level
maintenance of effort requirement for federal program, funds provided for the
Education and Economic Development Act, funds provided for Career and Technology
Education, nor required for debt service or bonded indebtedness. All school
districts and special schools of this State may suspend professional staffing
ratios and expenditure regulations and guidelines at the sub-function and
service area level, except for four-year old programs and programs serving
students withdisabilities who have Individualized Education Programs.
In order for a school
district to take advantage of the flexibility provisions, at leastseventy-five
percent of the school district’s per pupil expenditures must be utilized within
the In$ite categories of instruction, instructional support, and
non-instruction pupil services. No portion of theseventy-five percent may be
used for business services, debt service, capital outlay, program management,
and leadership services, as defined by In$ite. The school district shall
report to the Department of Education the actual percentage of its per pupil
expenditures used for classroom instruction, instructional support, and
non-instruction pupil services for the current school year ending June
thirtieth. Salaries of on-site principals must be included in the calculation
of the district’s per pupil expenditures.
“In$ite” means the financial
analysis model for education programs utilized by the Department of Education.
School districts are
encouraged to reduce expenditures by means, including, but not limited to,
limiting the number of low enrollment courses, reducing travel for the staff
and the school district’s board, reducing and limiting activities requiring
dues and memberships, reducing transportation costs for extracurricular and
academic competitions, restructuring administrative staffing, and expanding
virtual instruction.
School districts and special
schools may carry forward unexpended funds from the prior fiscal year into the
current fiscal year.
Prior to implementing the
flexibility authorized herein, school districts must provide to Public Charter
Schools the per pupil allocation due to them for each categorical program.
Quarterly throughout the
current fiscal year, the chairman of each school district’s board and the
superintendent of each school district must certify where non-instructional or
nonessential programs have been suspended and the specific flexibility actions
taken. The certification must be in writing, signed by the chairman and the
superintendent, delivered electronically to the State Superintendent of
Education, and an electronic copy forwarded to the Chairman of the Senate
Finance Committee, the Chairman of the Senate Education Committee, the Chairman
of the House Ways and Means Committee, and the Chairman of the House Education
and Public Works Committee.Additionally, the certification must be presented
publicly at a regularly called school board meeting, and the certification must
be conspicuously posted on the internet website maintained by the school
district.
For the current fiscal year,
Section 59-21-1030 is suspended. Formative assessments for grades one, two, and
nine, the foreign language program assessment,and the physical education
assessment must be suspended.School districts and the Department of Education
are granted permission to purchase the most economical type of bus fuel.
For the current fiscal year,
savings generated from the suspension of theassessmentsenumerated above must be
allocated to school districts based onweighted pupil units.
School districts must
maintain a transaction register that includes a complete record of all funds
expended over one hundred dollars, from whatever source, for whatever purpose.
The register must be prominently posted on the district’s internet website and
made available for public viewing and downloading. The register must include
for each expenditure:
(i) the
transaction amount;
(ii) the name of the
payee; and
(iii) a statement
providing a detailed description of the expenditure.
The register must not
include an entry for salary, wages, or other compensation paid to individual
employees. The register must not include any information that can be used to
identify an individual employee. The register must be accompanied by a
complete explanation of any codes or acronyms used to identify a payee or an
expenditure. The register must be searchable and updated at least once a
month.
Each school district must
also maintain on its internet website a copy of each monthly statement for all
of the credit cards maintained by the entity, including credit cards issued to
its officers or employees for official use. The credit card number on each
statement must be redacted prior to posting on the internet website. Each
credit card statement must be posted not later than the thirtieth day after the
first date that any portion of the balance due as shown on the statement is
paid.
The Comptroller General must
establish and maintain a website to contain the information required by this
section from a school district that does not maintain its own internet
website. The internet website must be organized so that the public can
differentiate between the school districts and search for the information they
are seeking.
School districts that do not
maintain an internet website must transmit all information required by this
provision to the Comptroller General in a manner and at a time determined by
the Comptroller General to be included on the internet website.
The provisions contained
herein do not amend, suspend, supersede, replace, revoke, restrict, or
otherwise affect Chapter 4, Title 30, the South Carolina Freedom of Information
Act. Nothing in this proviso shall be interpreted as prohibiting the State
Board of Education to exercise its authority to grant waivers under Regulation
43-261.
1.29. (SDE:
Medical Examination and Security Reimbursement/Expenditures) From funds
authorized in Part IA, Section 1, X.B. Other Operating Expenses, the Department
of Education may directly pay, or reimburse employees, for the cost of a
medical examination as required in Part 391, Subpart E of the Federal Motor
Carrier Safety Regulations, for employees that are required to operate a state
vehicle transporting hazardous materials and that are required to undergo a
national security background check because of the required Hazmat endorsement
to their CDL.
1.30. (SDE:
Budget Reduction) In compensating for any reduction in funding, local
districts must give priority to preserving classroom teachers and operations.
Funding reductions should first be applied to administrative and non-classroom
expenses before classroom expenses are affected.
1.31. (SDE:
Governor’s School for the Arts and Humanities Carry Forward) Any unexpended
balance on June thirtieth of the prior fiscal year of funds appropriated to or
generated by the Governor’s School for the Arts and Humanities may be carried
forward and expended in the current fiscal year pursuant to the discretion of
the Board of Trustees of the School.
1.32. (SDE:
Governor’s Schools’ Fees) The South Carolina Governor’s School for the Arts
and Humanities and the South Carolina Governor’s School for Science and
Mathematics are authorized to charge, collect, expend, and carry forward
student fees as approved by their respective Board of Directors. The purpose
and amount of any such fees will be to maintain program quality in both
academics and residential support. No student will be denied admittance or
participation due to financial inability to pay. The respective Board of
Directors shall promulgate administrative policy governing the collection of
all student fees. Both schools shall conspicuously publish a fee schedule on
their respective websites.
1.33. (SDE:
School District Furlough) Should there be a midyear reduction in state funding
to the districts, school districts may institute employee furlough programs for
district-level and school-level professional staff. Before any of these
employees may be furloughed, the chairman of the governing body of the school
district must certify that all fund flexibility provided by the General
Assembly has been utilized by the district and that the furlough is necessary
to avoid a year-end deficit and a reduction in force. The certification must
include a detailed report by the superintendent of the specific action taken by
the district to avoid a year-end deficit. The certification and report must be
in writing and delivered to the State Superintendent of Education and a copy
must be forwarded to the Chairman of the Senate Finance Committee and the
Chairman of the House Ways and Means Committee.
The local school district
board of trustees may implement a furlough of personnel once certification to
the State Superintendent documents all funding flexibility has been exhausted
and continued year-end deficits exist. Local school boards of trustees shall
have the authority to authorize furloughs of these employees in the manner in
which it sees fit. However, instructional personnel may be furloughed for up
to five non-instructional days if not prohibited by an applicable employment
contract with the district and provided district administrators are furloughed
for twice the number of days. District administrators may only be furloughed
on non-instructional days and may not be furloughed for a period exceeding ten
days.District administrators shall be defined by the Department of Education
using the Professional Certified Staff (PCS) System. For individuals not coded
in PCS, the determination shall be made based upon whether the individual
performs the functions outlined in position codes identified by the department
as administration. Educators who would have received a year’s experience credit
had a furlough not been implemented, shall not have their experience credit
negatively impacted because of a furlough implementation.
During any furlough,
affected employees shall be entitled to participate in the same benefits as
otherwise available to them except for receiving their salaries. As to those
benefits that require employer and employee contributions, including, but not
limited to, contributions to the South Carolina Retirement System or the
optional retirement program, the district will be responsible for making both
employer and employee contributions if coverage would otherwise be interrupted;
and as to those benefits which require only employee contributions, the
employee remains solely responsible for making those contributions. Placement
of an employee on furlough under this provision does not constitute a grievance
or appeal under any employee grievance procedure. The district may allocate
the employee’s reduction in pay over the balance of the fiscal year for payroll
purposes regardless of the pay period within which the furlough occurs.
Each local school
district must prominently post on the district’s internet website and make
available for public viewing and downloading the most recent version of the
school district’s policy manual and administrative rule manual.
This proviso shall not
abrogate the terms of any contract between any school district and its
employees.
1.34. (SDE:
School Lunch/Attendance Supervisors) For those counties in which an entity
other than the school district administers the school lunch supervisor and/or
attendance supervisor programs, the school districts in that county shall
transfer to the entity the amount available in the previous fiscal year for
administration of the school lunch supervisor and/or attendance supervisor
programs. Each district shall transfer a prorata share of the total cost based
upon the percentage of state EFA funds distributed to the districts within the
county.
*1.35. (SDE:
Replacement Facilities) The Department of Education is directed to proceed
with the development of a joint-use school transportation maintenance and
operations facility in Greenville County. Prior to the availability of this
new facility the department shall continue to operate state school bus
maintenance services from the existing Greenville School Bus Maintenance
Facility located on Halton Road. All proceeds from the sale of the Halton Road
Facility and Property shall become pupil transportation operating revenue of
the department. The cost of the State share of the new joint-use facility, the
cost of preparing the old Halton Road Facility and Property for disposal,
interim relocation/construction financing, all associated relocation expenses,
and all other related costs shall be funded from the proceeds received from the
sale of the existing Halton Road Facility and Property. The State Treasurer
shall make available all necessary interim financing to accomplish the proviso
directives.
1.36. (SDE:
SCGSAH Certified Teacher Designation) Because of the unique nature of the
South Carolina Governor’s School for the Arts and Humanities, the Charleston
School of the Arts, and the Greenville County Fine Arts Center, the schools are
authorized to employ at its discretion noncertified classroom teachers teaching
in the literary, visual and performing arts subject areas who are otherwise
considered to be appropriately qualified in a ratio of up to one hundred
percent of the entire teacher staff.
1.37. (SDE: No
Discrimination Requirement) State funds must not be appropriated to a school
that discriminates against or participates with or is a member of an
association with policies that discriminate or afford different treatment of
students based on race or national origin.
1.38. (SDE:
Medicaid Cash Match Accounting) The department is granted authority to
transfer funds between budget lines and object codes to identify, reconcile,
reimburse, and remit funds required for Medicaid cash match to the Department
of Health and Human Services.
1.39. (SDE:
Student Report Card-GPA) For each high school student, school districts shall
be required to print the student’s individual cumulative grade point average
for grades nine through twelve on the student’s report card.
1.40. (SDE: Lost
& Damaged Textbook Fees) Fees for lost and damaged textbooks for the prior
school year are due no later than December first of the current school year
when invoiced by the Department of Education. The department may withhold
textbook funding from schools that have not paid their fees by the payment
deadline.
1.41. (SDE:
Education Finance Act Reserve Fund) There is created in the State Treasury a
fund separate and distinct from the General Fund of the State and all other
funds entitled the Education Finance Act Reserve Fund. All unexpended general
funds appropriated to the Department of Education for the Education Finance Act
in the current fiscal year shall be transferred to the Education Finance Act
Reserve Fund. In the event that the amount appropriated for the Education
Finance Act is insufficient to fully fund the base student cost as established
by this act, revenues from the Education Finance Act Reserve Fund may be used
to supplement the funds appropriated. The General Assembly may make direct
appropriations to this fund. All unexpended funds in the Education Finance Act
Reserve Fund and any interest accrued by the fund must remain in the fund and
may be carried forward into the current fiscal year.
1.42. (SDE:
Prohibit Advertising on School Buses) The Department of Education and local
school districts are prohibited from selling space for or the placement of
advertisements on the outside or inside of state-owned school buses.
1.43. (SDE:Residential
Treatment Facilities Student Enrollment and Funding) Each South Carolina
resident of lawful school age residing in licensed residential treatment
facilities (RTFs) for children and adolescents as defined under Section
44-7-130 of the 1976 Code, (“students”) shall be entitled to receive
educational services from the school district in which the RTF is located
(“facility school district”). The responsibility for providing appropriate
educational programs and services for these students, both with and without
disabilities, who are referred, authorized, or placed by the State is vested in
the facility school districts. For purposes of this proviso, an authorization
must be pursuant to a physician’s determination of medical necessity. If
clinically appropriate, the facility school district, the RTF, and the parent
or guardian of a student referred or placed in a RTF may consider the
appropriateness of providing the student’s education program virtually through
enrollment in either the facility district’s virtual program, the South Carolinavirtual
school program provided through the Department of Education (Virtual SC), or a
virtual charter school authorized by the South Carolina Public Charter School
District, or a virtual charter school authorized by an approved institute of
higher education. This decision should be made jointly with the best interest
of the student and what is clinically indicated being considered.
A facility school district
must provide the necessary educational programs and services directly to the
student at the RTF’s facility, provided that the RTF facility provides and
maintains comparable adequate space for the educational programs and services
consistent with all federal and state least restrictive environment
requirements. Adequate space shall include appropriate electrical support and
Internet accessibility. Unless the parent or legal guardian of the student
seeks to continue the student’s enrollment in the resident school district
under a medical homebound instruction program and the district approves, if appropriate,
then, under these circumstances, the facility school district shall enroll the
student and assume full legal and financial responsibility for the educational
services including enrolling the student, approving the student’s entry into a
medical homebound instructional program, if appropriate, and receiving and
expending funds, unless the resident school district undertakes to carry out
its educational responsibilities for the student directly. Alternatively, a
facility school district may choose to provide the necessary educational
programs and services by contracting with the RTF provided that the RTF agrees
to provide educational services to the student at the RTF’s facility. Under
these circumstances, the facility school district must enroll the student and
pay the RTF for the educational services provided. If the facility school
district determines the educational program being offered by the RTF does not
meet the educational standards outlines in the contract, the facility district
shall be justified in terminating the contract.
The facility school
districts are entitled to receive the base student cost multiplied by the
Education Finance Act pupil weighting for Homebound pupils of 2.10, as set
forth in Section 59-20-40 of the 1976 Code and any eligible categorical and
federal funds. These funds may be retained by the facility school districts
for the purpose of providing the educational programs and services directly to
students referred or placed by the State or the facility school districts may
use these funds to reimburse RTFs for the educational programs and services
provided directly by the RTFs. A facility school district is entitled to
reimbursement from a resident school district for the difference between (1)
the reasonable costs expended for the educational services provided directly by
the facility school district or the amount paid to the RTF and (2) the
aggregate amount of federal and state funding received by the facility school
district for that student. However, the reimbursement rate may not exceed $45
per student per day. Facility school districts providing the educational
services shall notify the resident district in writing within forty-five
calendar days that a student from the resident district is receiving educational
services pursuant to the provisions of the proviso. Reimbursements shall be
paid within sixty days of billing, provided the facility district has provided
a copy of the invoice to both the District Superintendent and the finance
office of the resident district being invoiced. Should the facility school
district be unable to reach agreement with the resident school district
regarding reasonable costs differences, the facility school district shall
notify the Department of Education’s Office of General Counsel. The Department
of Education shall facilitate a resolution of the dispute between the facility
school district and the resident school district within forty-five days of the
notice of dispute. If the issue of reasonable cost differences should remain
unresolved,a facility school district shall have the right to file a complaint
in a Circuit Court. Should a resident school district fail to distribute the
entitled funding to the facility school district by the one hundred thirty-five
day count, the Department of Education is authorized to withhold the equivalent
amount of EFA funds and transfer those funds to the facility school district.
If a child from out of state
is placed in a RTF by an out-of-state school district or agency, the child’s
home state remains responsible for the educational services. The facility
school district may choose to provide the educational program to the child and,
upon choosing to do so, shall contract with the appropriate entity for payment
of educational serviced provided to the child. Out-of-state students provided
educational services by a facility school district shall not be eligible for
funding through the Education Finance Act.
If a child is placed in a
RTF by the child’s parent or guardian and is not referred, authorized, or
placed by the State, the facility school district may choose to provide the
educational program to the child, and upon doing so, must negotiate with the
resident school district for services through medical homebound procedures. A
facility school district is responsible for compliance with all child find
requirements under Section 504 of the Rehabilitation Act of 1973 and
Individuals with Disabilities Act of 2004 (IDEA).
All students enrolled in the
facility school districts shall have access to the facility school districts’
general education curriculum, which will be tied to the South Carolina academic
standards in the core content areas. All students with disabilities who are
eligible for special education and related services under the Individuals with
IDEA, as amended, and the State Board of Education (SBE) regulations, as
amended, shall receive special education and related services in the least
restrictive environment by appropriately certified personnel. Students in an
RTF will at all times be eligible to receive the educational credits (e.g.,
Carnegie Units) earned through their educational efforts.
With respect to students
enrolled in the facility school districts, for accountability purposes, the
assessment and accountability measures for students residing in RTFs shall be
attributed to a specific school only if the child physically attends the
school.The performance of students residing in a RTF who receive their
educational program on site at the RTF must be reflected on a separate line on
the facility school district’s report card and must not be included in the
overall performance ratings of the facility school district. The Department of
Education shall examine the feasibility of issuing report cards for RTFs. For
thecurrent fiscal year, a facility school district shall not have the
district’s state accreditation rating negatively impacted by deficiencies
related to the delivery of an educational program at a RTF.
RTFs shall notify the
facility school district as soon as practical, and before admission to the RTF
if practical, of a student’s admission to the RTF. RTFs, the facility school
districts and the Department of Education shall use their best efforts to
secure and/or exchange information, including documents and records necessary
to provide appropriate educational services and/or related services as
necessary to assist the facility school district in determining the resident
school district. The Department of Education, in collaboration with state
placing agencies, RTFs, facility school districts, and resident school
districts, shall implement a system to follow the release of students from a
RTF and re-enrollment in public, private, or special schools to ensure these
students, when appropriate, are not recorded as dropouts.
1.44. (SDE:
Special Schools Flexibility) For the current fiscal year, the special schools
are authorized to transfer funds among funding categories, including capital
funds.
1.45. (SDE: High
School Driver Education) For the current fiscal year, the requirement for high
schools to provide a course in driver education is suspended however, high
schools may continue to offer driver education courses if they choose to do
so.
1.46. (SDE: Carry Forward Authorization) For the current fiscal year, the Department of
Education is authorized to carry forward and expend any General Fund balances
for school bus transportation.
1.47. (SDE: Administrative Costs Report Posting) School districts must report
the amount of funds spent on administrative costs, as defined by In$ight in the
prior fiscal year and post the report on the districts website. School
districts shall provide an electronic copy of this report to the Department of
Education in conjunction with the financial audit report required by Section
59-17-100, of the 1976 Code. If a district fails to meet these requirements
they must be notified in writing by the department that the district hassixty
days to comply with the reporting requirement. If the district does not report
within sixty days, thedepartment is authorized to reduce the district’s base
student cost by one percent until such time as the requirement is met. Once in
compliance, any funds withheld will be returned to the district.
1.48. DELETED
1.49. (SDE: Governor’s
Schools Residency Requirement) Of the funds appropriated, the Governor’s
School for the Arts and the Humanities and the Governor’s School for Science
and Mathematics are to ensure that a parent(s) or guardian(s) of a student
attending either the Governor’s School for the Arts and the Humanities or the
Governor’s School for Science and Mathematics must prove that they are a legal
resident of the state of South Carolina at the time of application and must remain
so throughout time of attendance. The Governor’s School for the Arts and the
Humanities and Governor’s School for Science and Mathematics may not admit
students whose parent(s) or guardian(s) are not legal residents of South
Carolina.
1.50. (SDE: Holocaust
Funds) Funds appropriated to the Department of Education for the SC Council on
Holocaust shall not be used for any other purpose nor transferred to any other
program. In addition, in the event the department is required to implement a
budget reduction, SC Council on Holocaust funds may not be reduced.
1.51. (SDE:
Governor’s Schools Capacity) Forthe current fiscal year, funds appropriated to
the Governor’s School for the Arts and Humanities and the Governor’s School for
Science and Mathematics must be used to bring the schools up to full capacity,
to the extent possible. Each school must report electronically to the Chairman
of the Senate Finance Committee and the Chairman of the House Ways and Means
Committee by December first how the funds have been utilized and how many
additional students have been served.
1.52. (SDE:
Student Health and Fitness) Funds appropriated for Student Health and Fitness
shall be allocated to school districts to increase the number of physical
education teachers to the extent possible and to provide licensed nurses for
elementary public schools. Twenty-seven percent of the funds shall be allocated
to the districts based on average daily membership of grades K-5 from the
preceding year for physical education teachers. The remaining funds will be
made available through a grant program for school nurses and shall be
distributed to the school districts on a per school basis. Schools that
provide instruction in grades K-5 are eligible to apply for the school nurse
grant program.
1.53. (SDE:Impute
Index Value) Forthe current fiscal year and for the purposes of calculating
the index of taxpaying ability the Department of Revenue shall impute an index
value for owner-occupied residential property qualifying for the special four
percent assessment ratio by adding the second preceding taxable year total
school district reimbursements for Tier 1, 2, and Tier 3(A) and not to include
the supplement distribution. The Department of Revenue shall not include sales
ratio data in its calculation of the index of taxpaying ability. The
methodology for the calculations for the remaining classes of property shall
remain as required pursuant to the EFA and other applicable provisions of law.
1.54. (SDE: EFA State
Share) A school district that does not recognize a State share of the EFA
financial requirement shall be supplemented with an amount equal to seventy
percent of the school district with the least State financial requirement.
1.55. (SDE:
Health Education) Each school district is required to ensure that all
comprehensive health education, reproductive health education, and family life
education conducted within the district, whether by school district employees
or a private entity, must utilize curriculum that complies with the provisions
contained in Chapter 32, Title 59. Any person may complain in a signed,
notarized writing to the chairman of the governing board of a school district
that matter not in compliance with the requirements of Chapter 32, Title 59 is
being taught in the district. Upon receiving a notarized complaint, the
chairman of the governing board must ensure that the complaint is immediately
investigated and, if the complaint is determined to be founded, that immediate
action is taken to correct the violation. If corrective action is not taken,
then the district must have its base student cost reduced by one percent.
1.56. (SDE: Bus
Lease/Purchase) The Department of Education is permitted to purchase or lease
school buses in order to continue replacement of the state’s school bus fleet.
1.57. (SDE:
Felton Lab Allocation) Of the funds distributed pursuant to the Education
Finance Act, the Felton-Laboratory School at South Carolina State University
shall receive each year, seventy percent of the funds it would have received
for that year under the Education Finance Act and under aid to school
districts-fringe benefits, as if it were a special school district. The
calculation of the amount of funds which the Felton-Laboratory School is
entitled to receive each year shall be made by the Department of Education.
**1.58. (SDE:
Lee County Bus Shop) From the funds appropriated in program XB, Bus Shops, in
the current fiscal year, the department must fund the Lee County School
District Bus Shop and the Kershaw County School District Bus Shop at the same
level as they were funded in the previous fiscal year.
1.59. (SDE:
School Enrollment Policy) Forthe current fiscal year, any school district with
an open enrollment policy for all schools or certain schools which had
previously accepted certain students residing outside of the district to an
academic magnet school in the district must continue to accept these students
and their siblings for enrollment at the academic magnet school under the same
terms and conditions these students were previously permitted to attend the
school.
1.60. (SDE:
District Funding Flexibility) Forthe current fiscal year, districts must
utilize funding flexibility provided herein to ensure that district approved
safety precautions are in place at every school.
1.61. (SDE:
Transportation Maintenance Facilities) For the current fiscal year, a school
district wishing to include school bus maintenance in a contract with a private
vendor may enter into an agreement with the Department of Education whereby the
department releases the school district to include school bus maintenance in
the private vendor contract.
1.62. DELETED
1.63. (SDE:
School District Activity Bus Advertisements) School Districts may sell
commercial advertising space on the outside or inside of district owned
activity buses. However, as defined and determined by the local school board,
a school district may not sell such commercial advertising if the advertisement
promotes a political candidate, ideology, or cause, a product that could be
harmful to children, or a product that appeals to the prurient interest.
Revenue generated from the sale of commercial advertising space shall be
retained by the school district.
1.64. (SDE:
School District Property) The requirements of Section 59-19-250 of the 1976
Code, as amended, which requires the consent of a governing board of a county
in order for school trustees to sell or lease school property whenever they
deem it expedient to do so are suspended for the current fiscal year.
1.65. DELETED
1.66. (SDE: Full-Day
4K) For the current school year, eligible students residing in a school
district with a poverty index of 70 percent or greater may participate in the
South Carolina Early Reading Development and Education Program. Public and
private providers will be reimbursed for instructional costs at a rate of
$4,218 per student enrolled. Eligible students enrolling during the school
year or withdrawing during the school year shall be funded on a pro rata basis
determined by the length of their enrollment. Private providers transporting
eligible children to and from school shall also be eligible for a reimbursement
of $550 per eligible child transported. All providers who are reimbursed are
required to retain records as required by their fiscal agent. New providers
participating for the first time in the current fiscal year and enrolling
between one and six eligible children shall be eligible to receive up to $1,000
per child in materials and equipment funding, with providers enrolling seven or
more such children eligible for funding not to exceed $10,000. Providers
receiving equipment funding are expected to participate in the program and
provide high-quality, center-based programs as defined herein for a minimum of
three years. Failure to participate for three years will require the provider
to return a portion of the equipment allocation at a level determined by the
Department of Education and the Office of First Steps to School Readiness.
Funding to providers is contingent upon receipt of data as requested by the
Department of Education and the Office of First Steps.
Of the funds appropriated,
$300,000 shall be allocated to the Education Oversight Committee to conduct an
annual evaluation of the South Carolina Child Development Education Pilot
Program and to issue findings in a report to the General Assembly by January
fifteenth of each year. To aid in this evaluation, the Education Oversight
Committee shall determine the data necessary and both public and private
providers are required to submit the necessary data as a condition of continued
participation in and funding of the program. This data shall include
developmentally appropriate measures of student progress. Additionally, the
Department of Education shall issue a unique student identifier for each child
receiving services from a private provider. The Department of Education shall
be responsible for the collection and maintenance of data on the public state
funded full day and half-day four-year-old kindergarten programs. The Office
of First Steps to School Readiness shall be responsible for the collection and
maintenance of data on the state funded programs provided through private
providers. The Education Oversight Committee shall use this data and all other
collected and maintained data necessary to conduct a research based review of
the program’s implementation and assessment of student success in the early
elementary grades.
1.67. (SDE:
Summer Reading Camps) For the current fiscal year, funds appropriated for
summer reading camps must be allocated as follows: (1)up to twenty percent to
the Department of Education to provide bus transportation for students
attending the camps;(2) $700,000 allocated to the department to provide grants
to support community partnerships whereby community organizations would
collaborate with local school districts to provide after school programs or
summer reading camps that utilize volunteers, mentors or tutors to provide
instructional support to struggling readers in elementary schools that have a
poverty index of fifty percent or greater. The Education Oversight Committee
will document and evaluate the partnerships and the impact of the partnerships
on student academic success and make recommendations on the characteristics of
effective partnerships and on methods of duplicating effective partnerships
throughout the state; and (3) the remainder on a per pupil allocation to each
school district based on the number of students who substantially failed to
demonstrate third-grade reading proficiency as indicated on the prior year’s
state assessment as defined by Section 59-155-120 (10) of the 1976 Code.
Summer reading camps must be at least six weeks in duration with a minimum of
four days of instruction per week and four hours of instruction per day, or the
equivalent minimum hours of instruction in the summer. School transportation
shall be provided. The camps must be taught by compensated teachers who have at
least an add-on literacy endorsement or who have documented and demonstrated
substantial success in helping students comprehend grade-level texts. The
Department of Education shall assist districts that cannot find qualified
teachers to work in the summer camps. Districts may also choose to contract
for the services of qualified instructors or collaborate with one or more
districts to provide a summer reading camp. Schools and school districtsare
encouraged to partner with county or school libraries, institutions of higher
learning, community organizations, faith-based institutions, businesses,
pediatric and family practice medical personnel,and other groups to provide
volunteers, mentors, tutors, space, or other support to assist with the
provision of the summer reading camps. In the current school year, any student
in third grade who substantially fails to demonstrate third-grade reading
proficiency by the end of the school year must be offered the opportunity to
attend a summer reading camp at no cost to the parent or guardian. The purpose
of the reading camp is to provide students who are significantly below
third-grade reading proficiency with the opportunity to receive quality,
intensive instructional services and support.A district mayalso include in the
summer reading campsstudents who are not exhibiting reading proficiencyat any
grade and may charge fees for these students to attend the summer reading camps
based on a sliding scale pursuant to Section 59-19-90,except where a child is
found to be reading below grade level in the first, second or third grade. A
parent or guardian of a student who does not substantially demonstrate
proficiency in comprehending texts appropriate for his grade level must make
the final decision regarding the student’s participation in the summer reading
camp.
1.68. DELETED
1.69. (SDE:
Interscholastic Athletic Association Dues) A public school district supported
by state funds shall not use any funds or permit any school within the district
to use any funds to join, affiliate with, pay dues or fees to, or in any way
financially support any interscholastic athletic association, body, or entity
unless the constitution, rules, or policies of the association, body, or entity
contain the following:
(1) a range of
sanctions that may be applied to a student, coach, team, or program and that
takes into account factors such as the seriousness, frequency, and other
relevant factors when there is a violation of the constitution, bylaws, rules,
or other governing provisions of the association, body, or entity;
(2) (a) guarantees
that private or charter schools are afforded the same rights and privileges
that are enjoyed by all other members of the association, body, or entity. A
private or charter school may not be expelled from or have its membership
unreasonably withheld by the association, body, or entity or restricted in its
ability to participate in interscholastic athletics including, but not limited
to, state playoffs or championships based solely on its status as a private
school or charter school. The association, body, or entity shall set
reasonable standards for private or charter school admission. A private or
charter school denied membership must be provided, in writing within five
business days, the reason or reasons for rejection of its application for
membership;
(b) guarantees
that a South Carolina home school athletic team that is a member of a home
school athletic association may not be denied access to preseason and regular
season interscholastic athletics including, but not limited to, jamborees and
invitational tournaments, based solely on its status as a home school athletic
team; other rules or policies of the association, body, or entity would apply;
(3) (a) an
appeals process in which appeals of the association, body, or entity are made
to a disinterested third-body appellate panel which consists of seven members
who serve four year terms, with one person appointed by the delegation of each
congressional district;
(b) a member
of the panel serves until his successor is appointed and qualifies. A vacancy
on the panel is filled in the manner of the original appointment;
(c) members
of the appellate panel do not concurrently serve as officers of the
association, body, or entity and may not have served as a member of the
executive committee within the last three years. Principals and
superintendents are able to appeal a ruling of the association, body, or entity
to the panel. The appellate panel also must provide the final ruling in any
appeal brought against a decision of the association, body, or entity;
(4) a procedure in
place for emergency appeals to be held and decided upon in an expedited manner
if the normal appellate process would prohibit the participation of a student,
team, program, or school in an athletic event, to include practices;
(5) provisions,
implemented within one year after the effective date of this section, that
require the composition of the executive committee of the association, body, or
entity be geographically representative of this State.
In the event an association,
body, or entity fails to include one of the items listed in this proviso,
public school districts and schools must end their affiliation with the
association, body, or entity prior to the beginning of the upcoming school year
and are prohibited from paying dues or fees to the association, body, or
entity.
1.70. DELETED
1.71. DELETED
1.72. (SDE:
Governor’s Schools Informational Access to Students) For the current fiscal
year, school districts must permit both the Governor’s School for the Arts and
Humanities and the Governor’s School for Science and Mathematics to collaborate
with individual schools and their staff to share information with students and
families about the educational opportunities offered at the respective
Governor’s Schools, through avenues including school visits, informational
presentations, and posters. By June 30, 2015, the Governor’s School for the
Arts and Humanities and the Governor’s School for Science and Mathematics must
report to the Chairman of the Senate Finance Committee and the Chairman of the
House Ways and Means Committee the results of these Informational Access
efforts. Further, the two Governor’s Schools will work with districts, the
Department of Education and School Report Card administrators, to ensure that
SAT scores of current Governor’s Schools’ students are included in the School
Report Card of those students’ resident schools and districts.
*1.73. (SDE:
Alternative Fuel Transportation) For the current fiscal year, of the funds
appropriated for School Bus Lease/Purchase, the Department of Education is
directed to use at least ten percent to lease or purchase school buses that are
designed to use alternative fuel or dual fuel as long as at least one school
district desires to participate in this pilot project. The department shall
select up to three school districts wishing to participate in a pilot project
to use alternative fuel or dual fuel buses. Districts selected and agreeing to
participate in the pilot project are required to submit quarterly reports to
the department as directed by the agency. The department shall be responsible
for the alternative fuel or dual fuel buses it purchases and shall pay for
their maintenance costs and fuel. By June 1, 2016, the department must report
to the Chairman of the Senate Finance Committee and the Chairman of the House
Ways and Means Committee how many alternative fuel or dual fuel buses were
purchased, the cost of each bus, the type of alternative fuel used and the cost
of the alternative fuel.
1.74. (SDE:
Reading Coaches) (A) Funds appropriated for Reading Coaches must be allocated
to school districts by the Department of Education as follows:
(1) for each
elementary school in which twenty percent or more of the students scored Not
Met on the reading and research test in the most recent year for which such
data are available, the school district shall be eligible to receive the lesser
of either up to $62,730 or the actual cost of salary and benefits for a
full-time reading coach; and
(2) for each
elementary school in which fewer than twenty percent of the students scored Not
Met on the reading and research test during the same period, the school
district shall be eligible to receive the lesser of either up to $31,365 or fifty
percent of the actual cost of salary and benefits for a full-time reading
coach. A school district must provide local support for state funds provided
under this paragraph. School districts may use existing local funds currently
used for reading assistance as the local support.
(B) By accepting these
funds, a school district warrants that they will not be used to supplant
existing school district expenditures, except for districts that either are
currently, or in the prior fiscal year, were paying for reading coaches with
local funds. A district may, however, assign a reading coach to a primary
school rather than to the elementary school to improve the early literacy
skills of young children.
(C) Funds appropriated
for Reading Coaches are intended to be used to provide elementary schools with
reading coaches, who shall serve as job-embedded, stable resources for
professional development throughout schools in order to generate improvement in
reading and literacy instruction and student achievement. Reading coaches
shall support and provide initial and ongoing professional development to
teachers based on an analysis of student assessment and the provision of
differentiated instruction and intensive intervention. The reading coach
shall:
(1) model
effective instructional strategies for teachers by working weekly with students
in whole, and small groups, or individually;
(2) facilitate
study groups;
(3) train
teachers in data analysis and using data to differentiated instruction;
(4) coaching and
mentoring colleagues;
(5) work with
teachers to ensure that research-based reading programs are implemented with
fidelity;
(6) work with
all teachers (including content area and elective areas) at the school they
serve, and help prioritize time for those teachers, activities, and roles that
will have the greatest impact on student achievement, namely coaching and
mentoring in the classrooms;
(7) help lead
and support reading leadership teams; and
(8) The reading
coach must not be assigned a regular classroom teaching assignment, must not
serve an as administrator,
must not perform administrative
functions that deter from the flow of improving reading instruction and reading
performance of students and must not devote a significant portion of his or her
time to administering or coordinating assessments.
(D) No later than February
1, 2016, the Department of Education must publish guidelines that define the
minimum qualifications for a reading coach for Fiscal Year 2015-16. These guidelines
must deem any licensed/certified teacher qualified if, at a minimum, he or she:
(1) holds a
bachelor’s degree or higher and an add-on endorsement for literacy coach or
literacy specialist,
(2) holds a
bachelor’s degree or higher and is actively pursuing the literacy coach or
literacy specialist endorsement; or
(3) holds a
master’s degree or higher in reading or a closely‑related field.
Within these guidelines, the
Department of Education must also establish a process for Fiscal Year 2015-16
through which an elementary school may be permitted to use some or all of the
allocation granted under subsection (A) in order to obtain in-school reading
coaching services from a department-approved consultant or vendor, in the event
that the school is not successful in identifying and directly employing a
qualified candidate. The provisions of subsection (A), including the local
support requirements, shall also apply to any allocations made pursuant to this
paragraph.
(E) The Department of
Education must develop procedures for monitoring the use of funds appropriated
for Reading Coaches to ensure they are applied to their intended uses and are
not redirected for other purposes. The Department of Education may receive up
to $100,000 of the funds appropriated for Reading Coaches in order to implement
this program, provided that this allocation does not exceed the department’s
actual costs.
(F) Prior to the close of
the current fiscal year, any remaining funds for Reading Coaches, but no more
than $5,000,000, shall be distributed by the Department of Education among the
school districts containing elementary or primary schools that were eligible
for and which elected to receive funding under subsection (A)(1) of this
proviso; these funds shall be distributed in proportion to these districts’
relative shares of students who scored Not Met on the research and reading test
in the most recent year for which such data are available. Funds distributed
under this subsection must be used exclusively to support reading‑related
professional development opportunities for teachers that lead to the literacy
add-on endorsement.
(G) The Department of
Education shall require:
(1) any school
district receiving funding under subsection (A) to identify the name and qualifications
of the supported reading coach; as well as the school in which the coach is
assigned along with the rationale for how the school selection was made; and
(2) any school
district receiving funding under subsection (F) to account for the specific
amounts and uses of such funds.
(H) With the data reported
by the school districts, the department shall report by January fifteenth of
the current fiscal year on the hiring of and assignment of reading coaches by
school and on the expenditure of professional development funds for
opportunities for teachers to earn the literacy endorsement. The department
shall also report the amount of funds that will be carried forward.
(I) Funds appropriated
for Reading Coaches shall be retained and carried forward to be used for the
same purpose but may not be flexed.
(J) For Fiscal Year
2015-16, if increased funding for reading coaches is not sufficient to provide
additional reading coaches at each elementary school then the funding must be
targeted to the areas of greatest need based on the number of students
substantially failing to demonstrate reading proficiency as indicated on the
prior year’s state assessment.
1.75. (SDE:
Charter School Transition Funds) For Fiscal Year 2015-16, charter schools
sponsored by a local school district must receive transition funds from the
local district or statewide transition funds available in an amount equal to
any reduction in funds received by the school due to the changes in the
Education Finance Act formula. In order to receive funds from the statewide
transition funds, the charter school must report the amount of funds required
to the department through the authorizing district. The department shall
allocate the transition funds to the district which then shall allocate the
funds to the school. If the amount of transition funds for the charter schools
exceeds transition funds available, then funds will be reduced pro rata for all
parties.
1.76. (SDE:
Sports Participation)Any school receiving state funds shall be required to
allow a military dependent student who has transferred from their resident
school district to another school district to participate in a sport that was
not offered in the resident school district. Should a school fail to comply
with this provision, the Department of Education shall withhold one percent of
their total state allocation.
1.77. (SDE:
Graduation Rates) For the current fiscal year, if a high school has a
graduation rate below sixty percent, using appropriated funds a local school
district board of trustees must provide a report detailing a plan to increase
the graduation rate in accordance with the provisions of the Education
Accountability Act to the State Board of Education.
1.78. (sde: South Carolina Community Block Grants for Education
Pilot Program) There is created the South Carolina Community Block Grants for
Education Pilot Program. The purpose of this matching grants program is to
encourage and sustain partnerships between a community and its local public
school district or school for the implementation of innovative,
state-of-the-art education initiatives and models to improve student learning.
The initiatives and models funded by the grant must be well designed, based on
strong evidence of effectiveness, and have a history of improved student
performance.
The General Assembly finds
that the success offered by these initiatives and programs is assured best when
vigorous community support is integral to their development and
implementation. It is the intent of this proviso to encourage public school
and district communities and their entrepreneurial public educators to
undertake state-of-the-art initiatives to improve student learning and to share
the results of these efforts with the state’s public education community.
As used in this proviso:
(1) “Community” is
defined as a group of parents, educators, and individuals from business, faith
groups, elected officials, nonprofit organizations and others who support the
public school district or school in its efforts to provide an outstanding
education for each child. As applied to the schools impacted within a district
or an individual school, “community” includes the school faculty and the School
Improvement Council as established in Section 59-20-60 of the 1976 Code;
(2) “Poverty” is
defined as the percent of students eligible in the prior year for the free and
reduced price lunch program and or Medicaid; and
(3) “Achievement” is
as established by the Education Oversight Committee for the report card ratings
developed pursuant to Section 59-18-900 of the 1976 Code.
The executive director of
the Education Oversight Committee is directed to appoint an independent grants
committee to develop the process for awarding the grants including the
application procedure, selection process, and matching grant formula. The
grants committee will be comprised of seven members, three members selected
from the education community and four members from the business community. The
chairman of the committee will be selected by the committee members at the
first meeting of the grants committee. The grants committee will review and
select the recipients of the Community Block Grants for Education.
The criteria for awarding
the grants must include, but are not limited to:
(1) the establishment
and continuation of a robust community advisory committee to leverage funding,
expertise, and other resources to assist the district or school throughout the
implementation of the initiatives funded through the Block Grant Program;
(2) a demonstrated
ability to meet the match throughout the granting period;
(3) a demonstrated
ability to implement the initiative or model as set forth in the application;
and
(4) an explanation
of the manner in which the initiative supports the district’s or school’s
strategic plan required by Section 59-18-1310 of the 1976 Code.
In addition, the district or
school, with input from the community advisory committee, must include:
(1) a comprehensive
plan to examine delivery implementation and measure impact of the model;
(2) a report on
implementation problems and successes and impact of the innovation or model;
and
(3) evidence of
support for the project from the school district administration when an
individual school applies for a grant.
The match required from a
grant recipient is based on the poverty of the district or school. No matching
amount will exceed more than seventy percent of the grant request or be less
than ten percent of the request. The required match may be met by funds or by
in-kind donations, such as technology, to be further defined by the grants
committee. Public school districts and schools that have high poverty and low
achievement will receive priority for grants when their applications are judged
to meet the criteria established for the grant program.
However, no grant may exceed
$250,000 annually unless the grants committee finds that exceptional
circumstances warrant exceeding this amount.
The Education Oversight
Committee will review the grantee reports and examine the implementation of the
initiatives and models to understand the delivery of services and any
contextual factors. The Oversight Committee will then highlight the
accomplishments and common challenges of the initiatives and models funded by
the Community Block Grant for Education Pilot Program to share the lessons
learned with the state’s public education community.
For the current fiscal year,
funds allocated to the Community Block Grant for Education Pilot Program must
be used to provide or expand high-quality early childhood programs for a
targeted population of at-risk four-year-olds. High-quality is defined as
meeting the minimum program requirements of the Child Early Reading Development
and Education Program and providing measurable high-quality child-teacher interactions,
curricula and instruction. Priority will be given to applications that involve
public-private partnerships between school districts, schools, Head Start, and
private child care providers who collaborate to: (1) provide high-quality
programs to four-year-olds to maximize the return on investment; (2) assist in
making the transition to kindergarten; (3) improve the early literacy and
numeracy readiness of children; and (4) engage families in improving their
children’s readiness.
1.79. DELETED
1.80. (SDE: Board
of Education Funds) For the current fiscal year, the Department of Education
is authorized to carry forward funds appropriated in Part IA, Section 1, II.
Board of Education. The State Board of Education is permitted to utilize these
funds for innovative educational opportunities and projects. The Board of
Education shall develop guidelines and publish them on the board’s website.
1.81. (SDE:
Proceeds from Sale of Bus Shop & Boat) For the current fiscal year the
Department of Education is authorized to retain any funds received from the
sale of any bus shop and the sale of the state owned boat and expend those
funds for transportation purposes.
1.82. (SDE:
Transition Funds to Districts) Fund appropriated in Part IA, Section 1, XIV.
Aid to School Districts, A. Aid to School Districts, EFA Transition Payments,
are to be distributed to school districts eligible to receive transition
funds. The funds will be disbursed in an amount equal to the net aggregate
decrease in funding realized by a district as a result of changes to the EFA
funding formula.
(A) Districts eligible for
transition payments in the prior fiscal year are eligible to receive one-half
of the transition payment received in Fiscal Year 2014-15, subject to the
limitations of item (B) of this section.
(B) School districts are
not eligible to receive transition funds for the portion of a net funding
decrease resulting from a decrease in district ADM from the prior to the
current fiscal year.
(C) If the amount of transition
payments for all school districts exceeds the availability of funds
appropriated for this purpose, each entity receiving funds shall have their
allocation reduced pro rata.
1.83. DELETED
1.84. (SDE: First
Steps 4K Technology) During the current fiscal year, South Carolina Office of
First Steps to School Readiness is authorized to expend up to $75,000 from the
four-year-old kindergarten carry forward funds to purchase electronic devices
for the administration of early literacy and language development assessments
to children enrolled in the full-day 4K program in private centers in the
current fiscal year. The State Office of First Steps may purchase one device,
which would be the property of the Office of First Steps, for every ten centers
serving children in the program. The regional coordinators who provide support
to the centers shall coordinate the usage of the devices among the centers.
First Steps shall provide a report documenting its technology and materials
expenditures to the Chairman of the Senate Finance Committee and the Chairman
of the House Ways and Means Committee no later than January 15, 2016.
1.85. (SDE:
Teacher Salary Schedule Structure) The Department of Education shall convene
stakeholders to include: Palmetto State Teachers Association, South Carolina
School Business Officials, South Carolina Association of School Administrators,
South Carolina School Boards Association, South Carolina Education Association,
and the Education Oversight Committee to examine and make recommendations
regarding changes to the statewide minimum state teacher salary schedule to
include extending the steps on the state teacher salary schedule; an
examination of the beginning teacher salary; and an examination of each
district’s salary schedule structure. Recommendations shall be provided to the
Chairman of the Senate Finance Committee and the Chairman of the House Ways and
Means Committee by November 15, 2015.
1.86. DELETED
1.87. DELETED
1.88. (SDE:
Teacher Certification Exemption) For the current fiscal year, a teacher
certified at the secondary level may teach such courses in grades seven through
twelve without having the add on certification for middle-level education.
Districts must report to the Department of Education and the Center for
Educator Recruitment Retention and Advancement on the teachers and courses that
utilize this exemption.
1.89. (SDE:
Digital Instructional Materials) The Department of Education shall create an
instructional materials list composed of those items (print and/or digital)
that have received State Board of Education approval through the normal
adoption process. The department shall continue to work with the publishers of
instructional materials to ensure that districts who wish to receive both the
digital version and class sets of textbooks may be awarded that option. Funds
appropriated for the purchase of textbooks and other instructional materials
may be used for reimbursing school districts to offset the costs of
refurbishing science kits on the state-adopted textbook inventory, purchasing
new kits from the central textbook depository, or a combination of
refurbishment and purchase. The refurbishing cost of kits may not exceed the
cost of the state-adopted refurbishing kits plus a reasonable amount for
shipping and handling. Costs for staff development, personnel costs,
equipment, or other costs associated with refurbishing kits on state inventory
are not allowable costs. Funds provided for Instructional Materials may be
carried forward from the prior fiscal year into the current fiscal year to be
expended for the same purposes by the department, school districts, and special
schools. These funds are not subject to flexibility. Digital Instructional
Materials shall include the digital equivalent of materials and devices.
1.90. DELETED
1.91. (SDE:
Transition Funds to Districts) For the current fiscal year, the department
must transfer any unexpended funds appropriated for EFA Transition to the EFA
for disbursement to districts per the formula.
1.92. (SDE: CDEPP
Unexpended Funds) For Fiscal Year 2015-16, the Office of First Steps to School
Readiness is directed to retain the first $2,000,000 of any unexpended CDEPP
funds from the prior fiscal year and expend these funds to enhance the quality
of the full-day 4K program in private centers and provide professional
development opportunities. No later than April 1, 2016, the Office of First
Steps must report to the Chairman of the Senate Finance Committee and the
Chairman of the House Ways and Means Committee on the expenditure of these
funds to include the following information: the amount of money used and
specific steps and measures taken to enhance the quality of the 4K program and
the amount of money used for professional development as well as the types of
professional development offered and the number of participants.
By August 1, the Office of
First Steps is directed to allocate any unexpended CDEPP funds from the prior
fiscal year and any CDEPP funds carried forwardfrom prior fiscal years that
were transferred to the restricted account for the purposes:
1. Department of
Education - $4,250,000 for full-day 4K; and
2. Education Oversight
Committee - $2,000,000 for the South Carolina Community Block Grants for
Education Pilot Program.
If carry forward funds are
less than the amounts appropriated, funding for the items listed herein shall
be reduced on a pro rata basis.
If any funds are remaining,
they shall be transferred to the Department of Education to be expended only on
full day 4K.
1.93. (SDE:
Literacy Initiatives) In the current fiscal year, the Department of Education
shall evaluate the several state literacy initiatives to ensure that each are
working together to ensure that students are best served. The evaluation shall
include initiatives in early childhood through high school as well as
professional development.
1.94. (SDE:
Technology Technical Assistance) Of the funds appropriated for the K-12
Technology Initiative, the department is authorized to withhold up to $350,000
in order to provide technology technical assistance to school districts.
*1.95. (SDE: First
Steps Study Committee) The Office of First Steps Study Committee created to
review the structure, responsibilities, governance, and administration of the
Office of First Steps shall complete its review and present its recommendation
to the General Assembly by January 1, 2016.
1.96. (SDE: First
Steps Accountability) Based on the need for stated intervention by the US
Department of Education Office of Special Education and Rehabilitative Services
(OSEP) in implementing Part C of the Individuals with Disabilities Education
Act (IDEA), the Office of First Steps to School Readiness must meet federal
compliance for the Part C program. Additionally, the Office of First Steps to
School Readiness shall report to the Chairman of the Senate Finance Committee,
the Chairman of the House Ways and Means Committee, and the Governor the
specific steps, timeline and progress made in improving meeting compliance
standards its performance for those indicators with which the office was scored
as being low performing. The report must include a statement regarding whether
the additional employees authorized by this act are sufficient for compliance.
The report shall also include any correspondence from the US Department of
Education concerning the progress made on federal compliance with OSEP state
standards. The report must be submitted no later than December 31, 2015. From
the funds appropriated for BabyNet, the Office of First Steps to School
Readiness may expend the funds necessary to meet the requirements of this
proviso.
1.97. (SDE:
Health Education Materials) From the funds allocated to each school district,
each district shall publish on its website the title and publisher of all health
education materials it has approved, adopted, and used in the classroom. If
the Department of Education determines that a school district is noncompliant
with mandated health education, the department shall withhold one percent of
the district's funds allocated in Part 1A, Section 1, XIV - Student Health and
Fitness Act until the department determines the district is in compliance.
1.98. (SDE: Data
Maintenance and Collection) For the current fiscal year and from the funds
appropriated to the department for the collection and maintenance of data,
personally identifiable information of teacher candidates and teachers
collected and maintained by the Department of Education shall be treated as
personnel records and shall not be subject to public disclosure.
1.99. (SDE:
Teacher Employment) Of the funds appropriated in the current fiscal year, a
local school district superintendent or his designee shall provide a teacher
with notice of dismissal and an opportunity for a hearing before the local
board or its designee. Further, a local board may authorize a South Carolina
licensed, practicing attorney to serve as hearing officer to conduct a hearing
on the matter and make a report of its recommendations to the board within forty-five
days after receipt of notice of appeal. A hearing officer may not be a member
of the board or an employee of the district. If the board designates a hearing
officer, the report and recommendations of the hearing officer must be
presented to the board in the form of a written order. In considering the
report and recommendations, the board must have available to it the exhibits
presented at the hearing and shall permit limited oral argument on behalf of
the district and the teacher, allowing each party thirty minutes to present its
respective argument. The board shall uphold the decision of the hearing
officer if the evidence shows good and just cause for dismissal. The board
shall issue a decision affirming or withdrawing the notice of suspension or
dismissal within thirty days. The decision of the board may be appealed to the
circuit court.
on affirming or withdrawing the notice of suspension or
dismissal within thirty days. The decision of the board may be appealed to the
circuit court.