S*321 Session 108 (1989-1990)
S*0321(Rat #0295, Act #0194 of 1989) General Bill, By Setzler, Giese,
I.E. Lourie, A.S. Macaulay, S.S. Martschink, McGill, T.W. Mitchell,
M.F. Mullinax, M.T. Rose, N.W. Smith and Thomas
A Bill to enact the "Target 2000-School Reform for the Next Decade Act."-short
title
02/07/89 Senate Introduced and read first time SJ-8
02/07/89 Senate Referred to Committee on Education SJ-8
03/15/89 Senate Committee report: Favorable with amendment
Education SJ-14
03/16/89 Senate Amended SJ-13
03/16/89 Senate Read second time SJ-16
03/16/89 Senate Ordered to third reading with notice of
amendments SJ-16
03/21/89 Senate Read third time and sent to House SJ-17
03/22/89 House Introduced and read first time HJ-7
03/22/89 House Referred to Committee on Education and Public
Works HJ-7
05/02/89 House Committee report: Favorable with amendment
Education and Public Works HJ-29
05/11/89 House Debate interrupted HJ-87
05/17/89 House Special order, set for after consideration of
H-3122 (Under H 4071) HJ-27
05/22/89 House Amended HJ-99
05/22/89 House Debate interrupted HJ-99
05/23/89 House Amended HJ-59
05/23/89 House Debate interrupted HJ-120
05/24/89 House Amended HJ-49
05/24/89 House Read second time HJ-56
05/24/89 House Unanimous consent for third reading on next
legislative day HJ-56
05/25/89 House Read third time and returned to Senate with
amendments HJ-51
05/29/89 Senate House amendment amended SJ-41
05/29/89 Senate Returned to House with amendments SJ-42
05/29/89 House Non-concurrence in Senate amendment HJ-63
05/29/89 Senate Senate insists upon amendment and conference
committee appointed Sens. Setzler, Hayes,
McConnell SJ-125
05/30/89 House Conference committee appointed Beasley, Nesbitt &
Jaskwhich HJ-6
06/01/89 Senate Free conference powers granted SJ-42
06/01/89 Senate Free conference committee appointed Sens.
Setzler, Hayes, McConnell SJ-41
06/01/89 House Free conference powers granted HJ-94
06/01/89 House Free conference committee appointed Beasley,
Nesbitt & Jaskwhich HJ-96
06/01/89 Senate Free conference report received and adopted SJ-41
06/01/89 House Free conference report received and adopted HJ-96
06/01/89 House Ordered enrolled for ratification HJ-130
06/14/89 Ratified R 295
06/20/89 Signed By Governor
06/20/89 Effective date 07/15/89
06/20/89 Act No. 194
06/28/89 Copies available
(A194, R295, S321)
AN ACT TO ENACT THE "TARGET 2000-SCHOOL REFORM FOR THE NEXT DECADE"
ACT BY AMENDING SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE POWER AND RESPONSIBILITY OF THE STATE BOARD OF EDUCATION
TO ESTABLISH THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND
ACHIEVEMENT, SO AS TO REVISE PROVISIONS REQUIRING THE STATE BOARD OF EDUCATION
TO IMPLEMENT REGULATIONS REQUIRING ALL SCHOOL DISTRICTS TO PROVIDE AT LEAST
ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR CERTAIN FOUR-YEAR-OLD
CHILDREN WHOSE PARENTS VOLUNTARILY ALLOW PARTICIPATION, AND TO ALLOW CERTAIN
WAIVERS FROM THESE REGULATIONS; TO ADD SECTION 59-1-450 SO AS TO PROVIDE FOR
PARENT EDUCATION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO
DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO
REVISE THE PRIORITY AND CONTENT OF CERTAIN WEIGHTINGS; TO ADD ARTICLE 5 TO
CHAPTER 65, TITLE 59 SO AS TO ESTABLISH A SCHOOL DROPOUT PREVENTION AND RECOVERY
PROGRAM; TO ADD SECTION 59-29-179 SO AS TO PROVIDE THAT THE STATE BOARD OF
EDUCATION SHALL ESTABLISH A COMMITTEE TO ASSIST THE BOARD IN THE IDENTIFICATION
OF HIGHER ORDER THINKING AND PROBLEM SOLVING; TO AMEND SECTION 59-26-20, RELATING
TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER
EDUCATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1991-92 SCHOOL YEAR, STUDENTS
WHO ARE PURSUING CERTAIN COLLEGE INSTRUCTIONAL OR ADMINISTRATIVE CURRICULUMS
SHALL SUCCESSFULLY COMPLETE TRAINING AND DEVELOPMENT EXPERIENCES IN TEACHING
HIGHER ORDER THINKING SKILLS; TO AMEND SECTION 59-26-30, RELATING TO THE
DEVELOPMENT OF TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS BY THE STATE BOARD
OF EDUCATION, SO AS TO FURTHER PROVIDE FOR OBSERVATION AND EVALUATION INSTRUMENTS
FOR TEACHING, OBSERVING, AND EVALUATING HIGHER ORDER THINKING SKILLS; TO ADD
SECTION 59-31-600 SO AS TO ESTABLISH CERTAIN STANDARDS FOR TEXTBOOK ADOPTIONS;
TO AMEND SECTION 59-29-180, RELATING TO THE EMPHASIS ON HIGHER ORDER PROBLEM
SOLVING SKILLS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL
ASSIST THE SCHOOL DISTRICTS IN THE LOCATION AND DEVELOPMENT OF MATERIALS AND AIDS
WHICH MAY BE USED FOR THESE PURPOSES; TO ADD SECTION 59-29-181 SO AS TO PROVIDE
THAT WHEN SELECTING CERTAIN ACHIEVEMENT TESTS FOR STATEWIDE TESTING, THE STATE
BOARD OF EDUCATION SHALL SELECT TESTS WITH A SUFFICIENT NUMBER OF ITEMS WHICH MAY
BE UTILIZED TO EVALUATE THE STUDENT'S HIGHER ORDER THINKING SKILLS; TO ADD
SECTION 59-30-110 SO AS TO PROVIDE THAT WHEN TEST ITEMS FOR THE BASIC SKILLS
ASSESSMENT PROGRAM ARE REVISED, THE STATE BOARD OF EDUCATION SHALL INCLUDE TEST
ITEMS WHICH MAY BE UTILIZED TO EVALUATE A STUDENT'S HIGHER ORDER THINKING SKILLS;
TO ADD SECTION 59-29-182 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL
REVIEW THE USE OF PROCEDURES TO ASSESS STUDENT ACHIEVEMENT IN HIGHER ORDER
THINKING AND PROBLEM SOLVING SKILLS WHICH ARE DIFFERENT FROM TRADITIONAL
ACHIEVEMENT TESTS; TO ADD SECTION 59-29-183 SO AS TO PROVIDE THAT THE STATE
DEPARTMENT OF EDUCATION SHALL DEVELOP OR SELECT IN-SERVICE TRAINING PROGRAMS FOR
TEACHERS AND STAFF IN TEACHING HIGHER ORDER THINKING AND PROBLEM SOLVING AS PART
OF THE EXISTING CURRICULUM; TO ADD SECTION 59-29-220 SO AS TO PROVIDE THAT THE
STATE BOARD OF EDUCATION, IN CONJUNCTION WITH THE SOUTH CAROLINA ARTS COMMISSION,
SHALL PLAN AND DEVELOP DISCIPLINE-BASED ARTS EDUCATION CURRICULA IN THE VISUAL
ARTS, MUSIC, DANCE, AND DRAMA; TO ADD SECTION 59-18-15 SO AS TO PROVIDE FOR THE
MANNER IN WHICH A SCHOOL WHICH HAS RECEIVED AN INCENTIVE GRANT TWICE DURING A
THREE-YEAR PERIOD MUST BE GIVEN THE FLEXIBILITY OF RECEIVING AN EXEMPTION FROM
THE REQUIREMENTS OF THE DEFINED MINIMUM PROGRAM AND FROM THE REPORTING
REQUIREMENTS OF THE BASIC SKILLS ASSESSMENT PROGRAM; TO AMEND SECTION 59-18-20,
RELATING TO THE COMPETITIVE GRANTS PROGRAM FOR IMPROVEMENT OF INSTRUCTION, SO AS
TO ALSO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM; TO ADD
SECTION 59-18-25 SO AS TO ESTABLISH A "CENTER FOR THE ADVANCEMENT OF
TEACHING AND SCHOOL LEADERSHIP" AT A SELECTED PUBLIC COLLEGE OR UNIVERSITY;
TO ADD SECTION 59-25-55 SO AS TO REQUIRE THE SOUTH CAROLINA CENTER FOR TEACHER
RECRUITMENT TO ESTABLISH A PROGRAM FOR THE PURPOSE OF EXPANDING THE NUMBER OF
HIGH ACHIEVING MINORITY STUDENTS ENTERING TEACHER EDUCATION PROGRAMS; TO ADD
SECTION 59-18-31 SO AS TO PROVIDE THAT BY THE 1993-94 SCHOOL YEAR, THE STATE
BOARD OF EDUCATION IN CONSULTATION WITH THE SELECT COMMITTEE SHALL DEVELOP
ADDITIONAL CRITERIA WHICH MUST BE USED TO EVALUATE THE QUALITY OF EDUCATION IN
THE SCHOOL DISTRICTS; TO ADD SECTION 59-18-11 SO AS TO FURTHER PROVIDE FOR THE
CRITERIA SCHOOLS SHALL MEET IN ORDER TO QUALIFY FOR SCHOOL INCENTIVE AWARDS; TO
ADD SECTION 59-6-15 SO AS TO ESTABLISH THE BUSINESS-EDUCATION PARTNERSHIP FOR
EXCELLENCE IN EDUCATION AND ITS BUSINESS-EDUCATION SUBCOMMITTEE AND TO PROVIDE
FOR THEIR MEMBERSHIP, DUTIES, AND FUNCTIONS; TO AMEND SECTION 59-6-20, AS
AMENDED, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF
EDUCATION AND OTHER OFFICIALS AND ENTITIES IN REGARD TO THE SOUTH CAROLINA
EDUCATION IMPROVEMENT ACT OF 1984; TO AMEND SECTION 59-6-30 RELATING TO CERTAIN
ASSESSMENTS AND REPORTS CONCERNING THE EDUCATION IMPROVEMENT ACT, SO AS TO DELETE
REFERENCES TO CERTAIN ELIMINATED COMMITTEES, SUBCOMMITTEES, AND PARTNERSHIPS, AND
TO INCLUDE IN THOSE SECTIONS THE DUTIES AND RESPONSIBILITIES OF THE
BUSINESS-EDUCATION PARTNERSHIP AND ITS BUSINESS-EDUCATION SUBCOMMITTEE; TO AMEND
SECTION 59-24-50, RELATING TO THE DEVELOPMENT TRAINING PROGRAMS FOR SCHOOL
ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE TRAINING PROGRAMS; TO AMEND
SECTION 59-26-20 RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE
COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THEM TO ADOPT PROGRAM APPROVAL
STANDARDS SO THAT PROGRAMS IN A COLLEGE OR UNIVERSITY IN THIS STATE WHICH LEAD
TO CERTIFICATION AS ADMINISTRATIVE PERSONNEL MUST INCLUDE TRAINING IN METHODS OF
MAKING SCHOOL IMPROVEMENT COUNCILS AN ACTIVE AND EFFECTIVE FORCE IN IMPROVING
SCHOOLS; TO AMEND SECTION 59-20-60, AS AMENDED, RELATING TO SPENDING PRIORITIES
UNDER THE EDUCATION FINANCE ACT, THE ESTABLISHMENT OF SCHOOL IMPROVEMENT
COUNCILS, AND AUDITS AND REPORTS SUBMITTED UNDER THE ACT, SO AS TO PROVIDE THAT
ELECTIONS OF MEMBERS TO SCHOOL IMPROVEMENT COUNCILS MUST OCCUR NO LATER THAN
OCTOBER FIFTEENTH OF THE SCHOOL YEAR, AND PROVIDE FOR ADDITIONAL INFORMATION TO
BE FORWARDED TO THE DEPARTMENT OF EDUCATION IN REGARD TO THESE COUNCILS; TO ADD
SECTION 59-1-452 SO AS TO ESTABLISH A PUBLIC SCHOOL EMPLOYEES COST SAVINGS
PROGRAM FOR THE PURPOSE OF MAKING CASH AWARDS TO SCHOOL DISTRICT EMPLOYEES FOR
COST SAVING IDEAS; TO ADD SECTION 59-6-16 SO AS TO PROVIDE THAT THE STATE BOARD
OF EDUCATION IN CONSULTATION WITH THE BUSINESS-EDUCATION SUBCOMMITTEE SHALL
APPOINT A LEADERSHIP NETWORK OF REPRESENTATIVES FROM THE PRIVATE SECTOR AND TO
PROVIDE FOR THE FUNCTIONS OF THE LEADERSHIP NETWORK; TO AMEND SECTION 59-5-65,
AS AMENDED, RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE STATE BOARD
OF EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL WORK WITH
THE LEADERSHIP NETWORK ESTABLISHED ABOVE; TO ADD SECTION 59-29-21 SO AS TO
PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION IS DIRECTED TO DEVELOP GUIDELINES
TO INCLUDE CAREER GUIDANCE AS A PART OF THE GENERAL GUIDANCE PROGRAM IN THE
SCHOOLS OF THE STATE; TO ADD SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING
ARRANGEMENTS FOR STUDENTS WITH LEARNING DISABILITIES WHO TAKE THE HIGH SCHOOL
EXIT EXAM; TO ADD SECTION 59-1-453 SO AS TO PROVIDE THAT THE SELECT COMMITTEE
SHALL SERVE AS THE OVERSIGHT COMMITTEE FOR THE PROVISIONS OF THE TARGET 2000 ACT;
TO ADD SECTION 59-6-17 SO AS TO PROVIDE THAT THE BUSINESS-EDUCATION SUBCOMMITTEE
IN CONSULTATION WITH THE SELECT COMMITTEE SHALL STUDY REQUIRING SCHOOL ATTENDANCE
AS A CONDITION OF LICENSING FOR THE PRIVILEGE OF THE OPERATION OF A MOTOR VEHICLE
AND SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY BY JANUARY 1, 1990; TO PROVIDE
FOR THE MANNER IN WHICH COSTS OF IMPLEMENTING THIS ACT MUST BE APPROPRIATED AND
EXPENDED; AND TO PROVIDE STAFFING ANALYSIS TO DETERMINE THE LEVEL OF STAFFING
REQUIRED TO IMPLEMENT THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
DIVISION I
Citation
SECTION 1. This act is known as the "Target 2000-School Reform for the
Next Decade" Act.
DIVISION II
Provide in the Earliest Stages of Each
Child's Experience the Best Possible
Chance of Success
Early childhood development programs
SECTION 2. Section 59-5-65(8) of the 1976 Code is amended to read:
"(8) Develop and implement regulations requiring all school districts to
provide at least one-half day early childhood development programs for
four-year-old children who have predicted significant readiness deficiencies and
whose parents voluntarily allow participation. The regulations must require
intensive and special efforts to recruit children whose participation is
difficult to obtain. The school districts may contract with appropriate groups
and agencies to provide part or all of the programs. These programs must be
developed in consultation with the Interagency Coordinating Council on Early
Childhood Development and Education. The Interagency Coordinating Council shall
consult with the Advisory Committee for Early Childhood Education in developing
proposals to submit for State Board of Education consideration. If a local
advisory committee exists in a community to coordinate early childhood education
and development, school districts shall consult with the committee in planning
and developing services. The State Department of Education shall collect and
analyze longitudinal data to determine the effects of child development programs
on the later achievement of children in the 'high-risk' category by tracking
four-year-old child development program participants through kindergarten and the
first three years of elementary school to examine their performance on the
readiness test and the BSAP tests administered in grades 1, 2, and 3. The
Governor shall initiate the development of a state plan on early childhood
development and education to assist the state in providing appropriate services
for preschool children. This plan must be completed by July 1, 1985.
School districts without an early childhood development program during the
1988-89 school year may obtain a waiver from the regulation requiring provision
of a program. The waiver may be granted by the State Board of Education for one
year, if a school district is unable to implement a program because of
unavailability of classroom space and other facilities, including appropriate
facilities which may be rented by the school district at a reasonable fee.
School districts which are unable to implement a program because of a lack of
district facilities may use a portion of the district's allocation under this
program to rent appropriate space for one year. The portion of the district's
allocation which may be used for rent must be determined by the State Board of
Education in conjunction with the School Board of Trustees."
Parent education programs
SECTION 3. The 1976 Code is amended by adding:
"Section 59-1-450. Upon the appropriation of funds by the General
Assembly for this purpose, the State Department of Education is directed to
review programs which are effective in providing parents support in their role
as the principal teachers of their preschool children. The purpose of the review
is for the State Board of Education to select or adapt a program or programs,
after consultation with the Select Committee, for pilot testing in South Carolina
during 1989-90 and 1990-91. The selected or adapted programs must provide parent
education to parents and guardians who have children ages birth through five
years and who choose to participate in the programs and must include intensive
and special efforts to recruit parents or guardians whose children are at risk
for school failure. The program or programs also should include developmental
screening for children and offer parents of children from birth through five
years opportunities to improve their education if the parents do not possess a
high school diploma or equivalent certificate.
After pilot testing, the State Board of Education, after consultation with the
Select Committee, shall promulgate regulations to implement parent education
programs in all school districts. Implementation of the programs in the
districts must be phased in over three years. Priority must be given to serving
those parents whose children are considered at-risk for school failure according
to criteria established by the State Board of Education. From funds appropriated
for the programs, each school district must be allocated an amount determined by
computing the percentage of all families with children ages birth through five
years served statewide as compared with those families who are served by the
school district and multiplying this percentage by the total statewide
appropriation for the program.
An evaluation of the programs pilot-tested shall be provided by March 1, 1991,
and of all implemented programs by December 1 annually thereafter to the Select
Committee and Business-Education Subcommittee.
Regulations of the State Board of Education causing parent education programs
to be implemented in the school districts must allow districts to develop or
select an alternative program for implementation in the district, if the program
meets criteria for initial approval by the board. The board's criteria for
initial approval must include a requirement that school districts develop an
evaluation component for the program which is acceptable to the board or its
designee. To continue to use an alternative program, a school district must
demonstrate the success of the program in accordance with the approved evaluation
component. A school district using an alternative program must receive an
allocation from the appropriation by the General Assembly for this program which
is equal to the allocation the district would receive if the district used the
program or programs selected or adapted by the board."
DIVISION III
Make Significant Additional Basic Skills
Gains in Reading, Writing, and Math
Weightings and priorities revised
SECTION 4. Section 59-20-40(7) of the 1976 Code, as last amended by Act 522 of
1988, is further amended to read:
"(7) Annually in the General Appropriations Act the General Assembly
shall determine an appropriation level for compensatory and remedial programs.
The State Board of Education shall promulgate regulations to implement a system
to provide a pro rata matching of the weighted pupil units to the pupils in
districts of the State who fail to meet the statewide minimum standards in
reading, writing, and mathematics or who do not meet the first grade readiness
test standard. To accommodate the level of the total appropriation for
compensatory and remedial programs, the State Board of Education shall allocate
the funding of weighted pupil unit increments according to the following order
of priority:
(1) all students scoring below BSAP standard on any portion of the exit
examination at a remedial weight of .114;
(2) grades 1-6, students scoring at or below the 25th percentile at a
compensatory weight of .26;
(3) grades 1-6, students scoring above the 25th percentile but below BSAP
standard at a remedial weight of .114;
(4) grades 7-10, students scoring below the 25th percentile at a remedial
weight of .114;
(5) after all students eligible under priorities 1, 2, 3, and 4 above are
funded, students scoring above the 25th percentile but below BSAP standard in
grades 1-6 who are classified as remedial must be funded as compensatory
students, at a compensatory weight of .26, starting progressively with the first
grade and moving through the sixth grade as funds permit;
(6) after all students eligible under priorities 1, 2, 3, 4, and 5 above are
funded, students scoring above the 25th percentile but below BSAP standard in
grades 7-10 who are classified as remedial must be funded at a remedial weight
of .114;
(7) after all students eligible under priorities 1, 2, 3, 4, 5, and 6 above
are funded, students classified as remedial in grades 7-12 must be funded as
compensatory at a weight of .26.
No student who scores at or above BSAP standard is eligible for either
compensatory or remedial funding. The district's total number of students
scoring at the compensatory or remedial level as defined in the priorities in
this section must be the number of students constituting one hundred percent to
be served. Any district not serving one hundred percent of its eligible
compensatory and remedial children funded in this section shall have its
allocation reduced proportionately on a per pupil basis. When one hundred
percent of the eligible students in one category are served, school districts may
use uncommitted funds to serve eligible students in the other category according
to the priorities cited. The Board of Education shall promulgate regulations to
insure maximum utilization of state and Chapter 1 funds to achieve the purpose
of this proviso. Nothing in this section prohibits the General Assembly from
appropriating funds to the Department of Education for block grants to address
basic skills remediation in early childhood development in the school districts
of the State. Nothing in this section prohibits a school district from using
funds appropriated pursuant to this section for compensatory and remedial
programs in summer school in the following fiscal year."
DIVISION IV
Reduce the High School Dropout Rate
by Fifty Percent by the Year 2000
Dropout prevention and recovery
SECTION 5. Chapter 65, Title 59 of the 1976 Code is amended by adding:
"Article 5
Dropout Prevention and Recovery
Section 59-65-410. For purposes of this article, a 'dropout' is a pupil who
leaves school for any reason, except death, before graduation or completion of
a course of studies and without transferring to another school.
Section 59-65-420. The State Board of Education, acting in consultation with
and assistance from the Select Committee, shall cause programs designed to reduce
and recover dropouts to be developed and pilot-tested in school years 1989-90,
1990-91, and 1991-92. In 1989-90 and 1990-91, programs shall be piloted in no
more than ten school districts and in no more than ten elementary, ten middle,
and ten high schools, and in 1991-92 in additional schools and school districts,
but in no more than twenty-five percent of the state's schools and districts.
In selecting the pilot programs, the latest research on the effectiveness of
various strategies to reduce and retrieve dropouts must be considered, including,
but not limited to, parent training and involvement; mentoring; enriched
programs, including after school and summer programs; and interagency teams.
Following the initial three years of pilot testing, dropout prevention, and
retrieval programs must be phased in in all school districts over three years.
Following pilot testing, funds must be allocated to the school districts on the
basis of a formula that incorporates a base allocation in addition to each
district's total weighted pupil units and its average attrition rate in grades
9 through 12 over the most recent five years. The programs must be revised as
needed based on continual evaluation and refinement of programs throughout
implementation.
It is the intent of the General Assembly that the recommendations of the
Governor's Council on At-Risk Youth be considered in the further development of
statewide policy on the issues addressed in this section.
Section 59-65-430. (A) The General Assembly shall appropriate funds in Fiscal
Year 1989-90, 1990-91, and 1991-92 for planning, program development, and pilot
testing components for a dropout prevention and retrieval program in school
districts and schools which are designated by the State Board of Education after
consultation with the Select Committee. The Department of Education, a school,
or school district which is pilot testing a dropout and retrieval program,
individually or with other participants, may use a portion of the program funds
for the purchase of technical assistance during planning, development, and
implementation of the program. Funds appropriated under this section may be
carried forward from one fiscal year to another for the purpose of funding
special summer programs. A report on the status of the programs must be provided
to the Select Committee and the Business-Education Subcommittee by March 1, 1990,
and an evaluation report must be provided annually thereafter by December 1.
(B) The State Board of Education shall approve district plans which meet the
criteria established by regulation and shall waive those regulations as requested
by the schools and districts when waiver of the regulations bears a rational
relationship to the implementation of the proposed program.
(C) At the conclusion of pilot testing, the State Board of Education, in
consultation with the Select Committee, shall also promulgate regulations
requiring each school district to develop written objectives and begin detailing
plans for a comprehensive dropout prevention and retrieval program using program
components found to be effective during pilot testing. The regulations must also
require districts to give priority for the use of funds allocated under this
article to dropout prevention programs for students below grade ten.
The regulations must allow districts to develop or select other programs for
implementation in the district, including programs expanding or extending
existing state or locally funded programs for students who are at risk of
dropping out of school, if the programs meet criteria for initial approval by the
board. The board's criteria for initial approval must include a requirement that
school districts develop an evaluation component for the programs, which is
acceptable to the board or its designee. To continue to use the alternative
programs developed or selected by the district, the school district must
demonstrate the success of the programs in accordance with the approved
evaluation component.
Section 59-65-440. An adequate number of the schools and districts selected
for pilot testing must be chosen for the purpose of serving as lead schools or
school districts in a network for schools and districts which will cover all
regions of the State. Beginning with the 1990-91 school year, lead schools and
districts shall initiate and provide for on-going discussions and work sessions
among schools and districts within a network or networks on strategies for
implementing programs which are successful in reducing and recovering dropouts.
The State Board of Education shall assist lead schools and school districts in
their function as lead schools and districts and shall facilitate the successful
operation of the network by distributing funds to the networks in accordance with
procedures approved by the State Board of Education in consultation with the
Select Committee and Business-Education Subcommittee and in accordance with
appropriations provided by the General Assembly.
Section 59-65-450. In consultation with the Select Committee, the State Board
of Education shall establish minimum standards for evaluating the potential for
success and quality of implementation of school and district dropout prevention
and retrieval programs. The minimum standards must include outcome measures to
be applied to school and district dropout programs after a reasonable period of
implementation of a program in a school or district.
Section 59-65-460. Each year after the 1991-92 school year, the State
Department of Education shall apply the standards set pursuant to Section
59-65-450 to all schools and school districts which have received state funds to
operate a dropout prevention and retrieval program for at least two years. When
application of the standards indicates that a school's or district's dropout
prevention and retrieval program is deficient, the State Board of Education shall
direct the district board of trustees to:
(1) study the dropout prevention and retrieval program in the school or
district,
(2) identify factors rendering the program deficient, and
(3) by not later than March fifteenth, submit for approval to the State Board
of Education a plan for corrective action. During the period that a school's or
district's program is designated as deficient, the State Department of Education
shall monitor and provide feedback on the program and the corrective action plan
and continuously furnish advice and technical assistance. If a school or
district fails to satisfactorily implement the corrective action plan within six
months of approval of the plan, the failure must be indicated in the status of
the school's or district's accreditation classification. Funds for monitoring
and technical assistance under this provision must be provided by the General
Assembly in the annual general appropriations act.
Section 59-65-470. To enable the Wil Lou Gray Opportunity School to inform
dropouts of the school's academic and vocational training programs, the school
is authorized to contact the attendance supervisors or principals at the various
high schools or school districts of this State at reasonable intervals for the
purpose of receiving access to the names and addresses of students reported by
the supervisors and principals to be dropouts, and the attendance supervisors and
principals must supply this information to the Wil Lou Gray Opportunity
School."
DIVISION V
Emphasize Greater Understanding By
Students of a Variety of Subjects
Beyond Basic Skills in Order to
Achieve Higher Order Thinking
Skills and Creativity.
Identification of higher order thinking and problem solving skills
SECTION 6. The 1976 Code is amended by adding:
"Section 59-29-179. The State Board of Education shall establish a
committee, which includes, but is not limited to, personnel from the State
Department of Education, school districts, and institutions of higher education.
The purpose of the committee shall be to assist the State Board of Education in
the identification of the dimensions of thinking which shall constitute 'higher
order thinking and problem solving' for purposes of Sections 59-26-30(b)(3),
59-26-30(b)(7), 59-26-30(j), 59-29-179, 59-29-180, 59-29-181, 59-29-182,
59-29-183, 59-30-110, and 59-31-600."
Training in higher order thinking skills
SECTION 7. Section 59-26-20 of the 1976 Code is amended by adding a new item
appropriately lettered to read:
"( ) Adopt program approval standards so that beginning with the 1991-92
school year students, who are pursuing a program in a college or university in
this State which leads to certification as instructional or administrative
personnel, shall complete successfully training and teacher development
experiences in teaching higher order thinking skills."
Demonstrations of higher order thinking skills
SECTION 8. Section 59-26-30(b)(3) of the 1976 Code is amended to read:
"(b)(3) Develop an observational instrument to be used by the local
school district to evaluate a teacher during his provisional year of teaching in
that form that the results of the evaluation can be used to inform a teacher of
his strengths and weaknesses. The State Board of Education shall cause the
instrument to be adapted by not later than the beginning of the 1993-94 school
year to require specific performance demonstrations of teaching higher order
thinking skills in those subject areas and contexts where the use of these skills
is determined to be appropriate. Demonstrations of teaching higher order
thinking skills may not be excluded as inappropriate for a subject area or
context only on the basis that the students with whom the demonstrations are to
be made are at risk of school failure. The instrument including the additional
observation statements for teaching higher order thinking skills must be
validated in accordance with current legal requirements."
Observations of higher order thinking skills
SECTION 9. Section 59-26-30(b)(7) of the 1976 Code is amended to read:
"(b)(7) Develop an evaluation instrument to be used by colleges and
universities to evaluate all student teachers. The instrument must be developed
on the basis of acceptable criteria for teaching effectiveness. The instrument
must be designed to provide feedback and assistance to the student teacher
regarding any identified deficiencies. Not later than the beginning of the
1993-94 school year, the State Board of Education shall adapt the instrument to
include observation statements for teaching of higher order thinking skills in
those subject areas and contexts where the use of these skills is determined to
be appropriate. Demonstrations of teaching higher order thinking skills may not
be excluded as inappropriate for a subject area or context only on the basis that
the students with whom the demonstrations are to be made are at risk of school
failure."
Evaluation of higher order thinking skills
SECTION 10. Section 59-26-30(j) of the 1976 Code is amended to read:
"(j) Establish procedures whereby each school district shall evaluate
periodically in the classroom all certified personnel whose duties include
teaching in the classroom. The evaluation instrument to be used in the
evaluations must be one that at least meets the criteria established by the State
Board of Education as an acceptable instrument. By the beginning of the 1995-96
school year, the State Board of Education shall include in its criteria for an
acceptable instrument a requirement that the instrument evaluate teaching higher
order thinking skills and problem solving in those subject areas and contexts
where the use of these skills is determined to be appropriate. Demonstrations
of teaching higher order thinking skills may not be excluded as inappropriate for
a subject area or context only on the basis that the students with whom the
demonstrations are to be made are at risk of school failure. School districts
shall give the results of a teacher's evaluation in writing to the teacher and
counsel him concerning his strengths and weaknesses as a teacher. School
districts shall use deficiencies identified by the evaluations as a guide to the
establishment of individual or group staff development programs."
Standards for textbook adoptions
SECTION 11. The 1976 Code is amended by adding:
"Section 59-31-600. When the State Board of Education determines that
textbook adoptions are needed in a specific field, the board shall direct
evaluating and rating committees to assess textbooks for the presentation of
instructional materials which develop higher order thinking skills and problem
solving. The results of each evaluating and rating committee's assessment must
be included in its written report to the State Board of Education. Where
otherwise satisfactory, the evaluating and rating committee shall recommend and
the State Board of Education shall adopt textbooks which develop higher order
thinking skills."
Development of materials and aids
SECTION 12. Section 59-29-180 of the 1976 Code is amended to read:
"Section 59-29-180. The State Department of Education and all school
districts shall emphasize higher order problem solving skills in curricula at all
levels. The State Department of Education shall assist the school districts by
locating, developing, and advising the districts on the development of materials
and other aids which may be used to teach higher order problem solving skills
within existing subjects."
Selection of tests
SECTION 13. The 1976 Code is amended by adding:
"Section 59-29-181. When selecting nationally normed achievement tests
for the statewide testing program, the State Board of Education shall endeavor
to select tests with a sufficient number of items which may be utilized to
evaluate student's higher order thinking skills. The items may be used for this
purpose only if the test created from the items meets applicable criteria set
forth in the American Psychological Association publication 'Standards for
Educational and Psychological Testing'."
Utilization of test items
SECTION 14. The 1976 Code is amended by adding:
"Section 59-30-110. When test items for the tests prescribed by this
chapter are revised, the State Board of Education shall include test items which
may be utilized to evaluate students' higher order thinking skills."
Assessment of higher order thinking and problem solving skills
SECTION 15. The 1976 Code is amended by adding:
"Section 59-29-182. The State Board of Education shall review the use of
procedures to assess student achievement in higher order thinking and problem
solving skills which are different from traditional achievement tests."
In-service training programs
SECTION 16. The 1976 Code is amended by adding:
"Section 59-29-183. The State Department of Education shall develop or
select in-service training programs for teachers and staff in teaching higher
order thinking and problem solving as part of the existing curriculum. Upon
funding for district implementation of the program by the General Assembly, the
State Department of Education shall ensure that each school district implements
teacher in-service training in higher order thinking and problem solving on a
schedule to train all teachers and staff within five years."
Arts education curricula
SECTION 17. The 1976 Code is amended by adding:
"Section 59-29-220. The State Board of Education, in conjunction with the
South Carolina Arts Commission, shall plan and develop discipline-based arts
education curricula in the visual arts, music, dance, and drama which complies
with the State Department of Education discipline-based arts education curriculum
framework. The State Board of Education shall cause the arts education curricula
to be pilot tested in selected school districts during 1989-90, 1990-91, 1991-92,
and 1992-93 and shall provide teacher in-service training programs for arts
specialists and classroom teachers.
After pilot testing, the State Board of Education shall establish regulations
related to in-service training and curriculum development in cooperation with the
Arts in Basic Curriculum Steering Committee and after consultation with the
Select Committee. These regulations shall encourage innovation and flexibility
and reflect the integrity of instruction required by each arts discipline. These
regulations must be developed in cooperation with school and district-level
teachers and administrators.
Funds for the program must be used by the school districts to:
(1) plan, develop, and implement disciplinebased arts education curricula in
the visual arts, music, dance, or drama compatible with the State Department of
Education discipline-based arts education curriculum framework;
(2) provide teacher in-service training programs for arts specialists or
appropriate classroom teachers or both which are approved by the State Department
of Education working with the state's colleges and universities;
(3) hire certified arts specialists or contract with professional artists
approved by the South Carolina Arts Commission to assist certified arts
specialists or appropriate classroom teachers or both in planning, developing,
and implementing discipline-based arts education curricula.
The Joint Legislative Study Committee on Formula Funding shall review whether
or not arts education should be given a weighting under the Education Finance
Act, if appropriate, recommend a weighting, and report to the Select Committee
by December 1, 1990. The General Assembly shall phase in the arts education
program and funding for the arts education program after piloting over three
years in substantially equal annual intervals."
DIVISION VI
Encourage Productive and Successful
Schools to Initiate New
and Innovative Ideas
Exemption from requirements
SECTION 18. Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-15. Notwithstanding any other provision of law, a school
is given the flexibility of receiving exemptions from those regulations and
statutory provisions governing the Defined Minimum Program, the Basic Skills
Assessment Program, and the Remedial/Compensatory Program, provided that, during
a three-year period, the following criteria are satisfied:
(1) the school has twice been a recipient of a school incentive grant pursuant
to Section 59-18-10;
(2) the school has met annual NCE gain requirements for reading and
mathematics compensatory programs pursuant to Section 59-5-65;
(3) the school has exhibited no recurring accreditation deficiencies; and
(4) the school has annually exhibited a school gain index value at or above
the state average as computed in the school incentive grant program pursuant to
Section 59-18-10.
Schools receiving flexibility status are released from those regulations and
statutory provisions referred to above including, but not limited to, regulations
and statutory provisions on class scheduling, class structure, and staffing. The
State Board of Education in consultation with the Select Committee and the
Business-Education Subcommittee must promulgate regulations and develop
guidelines for providing this flexibility by December 1, 1989.
To continue to receive flexibility pursuant to this section, a school must
annually exhibit a school gain index value at or above the state average as
computed in the school incentive award program pursuant to Section 59-18-10 and
must meet the NCE gains required for reading and mathematics compensatory
education program pursuant to Section 59-5-65. A school which does not requalify
for flexibility status due to extenuating circumstances may apply to the State
Board of Education for an extension of this status for one year.
In the event that a school is removed from flexibility status, the school is
not subject to regulations and statutory provisions exempted under this section
until the beginning of the school year following notification of the change in
status by the State Department of Education. Subsequent monitoring by the State
Department of Education in a school that is removed from flexibility status shall
not include a review of program records exempted under this section for the
period that the school has received flexibility status or for the school year
during which the school was notified of its removal from flexibility
status."
Competitive schoolwide innovation grants program
SECTION 19. Section 59-18-20 of the 1976 Code is amended to read:
"Section 59-18-20. (A) The State Board of Education, acting through the
State Department of Education, shall establish a competitive grant program
whereby schools may be awarded grants to implement exemplary and innovative
programs designed to improve instruction. These programs may include more
effective utilization of substitute teachers at the individual school level.
(B) To encourage public schools to implement innovative and comprehensive
approaches for improving student development, performance, and attendance, a
competitive school innovation grants program is also established. Funds for the
competitive school innovation grants program are as provided by the General
Assembly in the annual general appropriations act. The State Board of Education,
acting through the State Department of Education, must provide by regulation for
this competitive grants program. All schools are eligible to apply for these
grants.
A committee composed of members of the Business-Education Partnership for
Excellence in Education and appointed by the chairman of the Business-Education
Partnership shall recommend to the State Board of Education the criteria and
guidelines to be used in evaluating each grant application. The criteria must
include, but not be limited to, the involvement of teachers, parents, students,
businesses, and school improvement councils in the development, application, and
implementation of the grant proposal. Grant proposals which involve the greatest
percentage of students and staff must receive priority consideration for funding.
The State Department of Education and at least two members of the
Business-Education Partnership, appointed by the chairman of the partnership and
representing the business community, must review all grant applications and must
recommend to the State Board of Education grant recipients.
Each grant award for planning purposes cannot exceed five thousand dollars for
each school. Each grant award for program implementation cannot exceed ninety
thousand dollars over a three-year period. Grant awards may include funds for
the purchase of technical assistance.
To qualify for an additional grant award beyond the initial three years, a
school must exhibit a school gain index value at or above the state average as
computed in the school incentive grant program pursuant to Section 59-18-10 at
least once during the initial three-year grant period.
The State Board of Education must give special consideration for waivers of
regulations and reporting requirements to those schools receiving these grant
awards.
Any unexpended balance of an appropriation for these school innovation grants
on June thirtieth of a fiscal year must be carried forward and expended for the
same purpose during the next fiscal year."
Center for advancement of teaching and school leadership
SECTION 20. The 1976 Code is amended by adding:
"Section 59-18-25. To provide support and training for teachers and
principals in their efforts to design and implement innovative programs, the
Commission on Higher Education, in consultation with the State Board of Education
and the Select Committee, shall establish a 'Center for the Advancement of
Teaching and School Leadership' at a selected public college or university. The
center shall provide a program for school change consisting of intensive short
term institutes for teams of teachers and administrators who are committed to
creating innovative programs in their schools. Priority assistance must be given
to schools which have received grants to implement innovative programs under
Section 59-18-20. The program must be provided through the center working in
conjunction with other colleges and universities in various regions of the State.
School teams shall work with center staff and consultants to analyze the needs
of the team's school and consider strategies to bring about meaningful change
from within the school. School teams shall set goals and analyze their roles and
responsibilities in the change process. An evaluation component must be
developed for each school with input from the school team, the school district
administration, center staff, and consultants in school effectiveness and change.
After school teams return to their schools, the center and cooperating colleges
and universities shall provide on-site support and expertise as needed by school
teams. A portion of the funds for this program must be budgeted for on-site
assistance to school teams by the center and cooperating colleges and
universities."
DIVISION VII
Continue to Enhance the Stature
of the Teaching Profession
Expansion of number of high achieving minority students entering teaching
SECTION 21. The 1976 Code is amended by adding:
"Section 59-25-55. The South Carolina Center for Teacher Recruitment in
cooperation with the Commission on Higher Education shall establish a program
with the purpose of expanding the number of high achieving minority students
entering teacher education programs. The program shall include, but not be
limited to, identification of minority high school students who have an interest
in teaching and recruitment of those students into the teacher cadet program,
personal counseling of minority students in the teacher cadet program about high
demand certification areas, and college opportunities."
DIVISION VIII
Strengthen the Accountability Provisions
at the School, District, and State Level
Criteria for evaluation of school districts
SECTION 22. The 1976 Code is amended by adding:
"Section 59-18-31. By the 1993-94 school year, the State Board of
Education, in consultation with the Select Committee, shall develop additional
criteria which must be used to evaluate the quality of education in the school
districts. The additional criteria must include measures of higher order
thinking skills and problem solving, when two annual statewide administrations
of tests validated for this purpose have been accomplished."
Criteria for school incentive awards
SECTION 23. The 1976 Code is amended by adding:
"Section 59-18-11. By not later than the 1991-92 school year, reduction
in dropout rates or maintenance of low dropout rates must be included as an
additional criterion in the school incentive reward program for rewarding
secondary schools. By not later than the 1993-94 school year, the criteria
schools must meet to qualify for a school incentive award must include
exceptional or improved performance in higher order thinking and problem solving,
provided that two annual statewide administrations of tests validated for this
purpose have been accomplished."
Business-Education Partnership and Subcommittee
SECTION 24. Chapter 6, Title 59 of the 1976 Code is amended by adding:
"Section 59-6-15. (A) There is created the Business-Education
Partnership for Excellence in Education and a permanent standing subcommittee of
the partnership for the purpose of reviewing the implementation of the South
Carolina Education Improvement Act of 1984 and recommending other major education
initiatives.
The Business-Education Partnership for Excellence in Education consists of the
following persons:
( 1) Thirty-two prominent civic and business leaders of which fourteen are
appointed by the Governor; six appointed by the State Superintendent of
Education; three appointed by the Speaker of the House of Representatives; three
appointed by the President of the Senate; three appointed by the Chairman of the
Education and Public Works Committee of the House of Representatives; and three
appointed by the Chairman of the Education Committee of the Senate;
( 2) Twenty educators of which eight are appointed by the State Superintendent
of Education; four appointed by the Governor; two appointed by the Speaker of the
House of Representatives; two appointed by the President of the Senate; two
appointed by the Chairman of the Education and Public Works Committee of the
House of Representatives; and two appointed by the Chairman of the Education
Committee of the Senate;
( 3) Speaker of the House of Representatives or his designee;
( 4) Lieutenant Governor or his designee;
( 5) Chairman of the Education and Public Works Committee of the House of
Representatives or his designee;
( 6) Chairman of the Education Committee of the Senate or his designee;
( 7) Chairman of the Ways and Means Committee of the House of Representatives
or his designee;
( 8) Chairman of the Finance Committee of the Senate or his designee;
( 9) Chairman of the Committee on Children or his designee;
(10) Chairman of the Select Committee or his designee;
(11) Two legislators appointed by the Governor, one a member of the House of Representatives and one a member of the Senate; and
(12) The Governor and State Superintendent of Education shall serve as ex
officio members.
The term of office of the members of the Business-Education Partnership must
be four years except that of those first appointed an equal number must serve
terms of two, three, and four years respectively as determined by lot. Except
in those cases where the term of a member of the Business-Education Subcommittee
has not expired, no member of the Business-Education Partnership may serve more
than two consecutive terms. The number of appointments provided for in items (1)
and (2) above must be reduced proportionately by the membership requirements of
subsection (B) of this section.
The chairman of the Business-Education Partnership for Excellence in Education
must be elected by the members of the Partnership and must be chosen from among
the thirty-two business and civic leaders serving on the partnership. The
Business-Education Partnership must meet at the call of the chairman but not less
than quarterly. The Governor must preside at all regular and special meetings
of the partnership in which he is in attendance; at those meetings at which the
Governor is not in attendance the State Superintendent of Education must preside,
and in the absence of the Superintendent, the chairman of the Partnership must
preside.
The partnership in conjunction with the State Department of Education may cause
to be held statewide public forums for the purpose of fostering open discussions
regarding the impact of the Education Improvement Act on the state's education
system and education reform in general.
(B) The Business-Education Partnership must establish a permanent standing
subcommittee called the Business-Education Subcommittee. The subcommittee must
be composed of twenty members of the Business-Education Partnership elected by
the Business-Education Partnership. The composition of the subcommittee must be:
(1) Ten civic and business leaders;
(2) Six educators; and
(3) Four legislators.
The eighteen members serving on the Joint Business-Education Subcommittee must
remain on the Business-Education Subcommittee as reconstituted on the effective
date of this section. The term of office for members of the Business-Education
Subcommittee must be six years except that of the initial members an equal number
must serve terms of two, four, or six years respectively as determined by lot.
The chairman of the subcommittee is to be elected by the members of the
subcommittee and must be one of the ten civic and business leaders serving on the
subcommittee. Vacancies on the subcommittee must be filled from the membership
of the Business-Education Partnership by a majority vote of the members of the
partnership."
References and functions revised
SECTION 25. Section 59-6-20 of the 1976 Code, as amended by Act 81 of 1987, is
further amended to read:
"Section 59-6-20. The State Board of Education and State Superintendent
of Education must establish within the State Department of Education a special
unit at the division level called the Public Accountability Division. This
special unit must be eliminated on July 1, 1991. The unit head shall hold a
position comparable to a deputy superintendent and must be under the direct
supervision of and shall report to the State Superintendent of Education.
The deputy superintendent must provide all reports to the Governor, Select
Committee, Business-Education Partnership for Excellence in Education,
Business-Education Subcommittee, and State Board of Education, and respond to any
inquiries for information.
The Business-Education Subcommittee shall serve as a screening committee for
the selection of the unit head. The screening committee shall recommend for
consideration three applicants. Final selection of the unit head must be made
by the State Superintendent of Education after consulting with the Governor. All
other positions must be filled following current State Personnel and State
Department of Education employment procedures.
The new unit is responsible for planning, monitoring, and reviewing programs
developed under the Education Improvement Act and shall provide information,
recommendations, and an annual assessment of the Education Improvement Act to the
Governor, Select Committee, and Business-Education Subcommittee.
The operating procedures for the new unit are the same as the operating
procedures for the three established divisions in the State Department of
Education. The Business-Education Subcommittee shall review and approve all
products produced by the new unit and make recommendations to the State Board of
Education for final approval."
References and functions revised
SECTION 26. Section 59-6-30 of the 1976 Code is amended to read:
"Section 59-6-30. The State Board of Education shall provide an
assessment of the South Carolina Education Improvement Act of 1984 for
consideration by the Business-Education Subcommittee and the General Assembly.
A special assessment shall be provided on March 1, 1985. Commencing in 1985, an
annual assessment must be provided by December first of each year and an
appropriate amount of funding must be provided for this purpose. The
Business-Education Subcommittee shall provide a report on the assessment to the
Business-Education Partnership, and the Partnership shall submit its
recommendations to the General Assembly prior to February first. The staff of
the Business-Education Subcommittee shall serve as the primary staff to the
Business-Education Partnership and may solicit the assistance of the staffs of
the House Education and Public Works Committee, the Senate Education Committee,
the Select Committee, the Public Accountability Division, and the Governor's
Office."
Training programs
SECTION 27. Section 59-24-50 of the 1976 Code is amended to read:
"Section 59-24-50. The South Carolina Department of Education's
Leadership Academy shall develop, in cooperation with state-supported
institutions of higher education, new training programs and expand current
training programs available to present and prospective school administrators with
particular emphasis on effective instructional leadership. By January 1, 1990,
these training programs must include an emphasis on effective instructional
leadership as it pertains to school-based improvement, including instruction on
the importance of school improvement councils and ways administrators may make
school improvement councils an active force in school improvement. The training
must be developed and conducted in collaboration with the School Council
Assistance Project."
Training in making school improvements councils effective
SECTION 28. Section 59-26-20 of the 1976 Code is amended by adding a new item
to read:
"( ) Adopt program approval standards so that beginning with the 1991-92
school year, programs in a college or university in this State which lead to
certification as administrative personnel, must include training in methods of
making school improvement councils an active and effective force in improving
schools."
Election of school improvement councils
SECTION 29. Section 59-20-60(3) of the 1976 Code is amended to read:
"(3) Each school district board of trustees shall cause each school in
the district to prepare an annual written report to be known as the school
improvement report. The reports shall focus on factors found by research to be
effective in improving schools, these factors to be prescribed by regulation of
the State Board of Education. The State Board of Education shall prescribe the
format of the reports and the manner in which they must be developed and
submitted. Each school board of trustees shall establish an improvement council
at each school in the district composed of at least two parents, elected by the
parents of the children enrolled in the school; at least two teachers, elected
by the faculty; at least two students in schools with grades nine and above
elected by the students; other representatives of the community and persons
elected by the principal. The elected members of the council shall comprise at
least a two-thirds majority of the membership of the council. The councils must
be constituted in each school no later than January 1, 1978. Each council shall
assist in the preparation of the annual school improvement report required in
this section, assist with the development and monitoring of school improvement,
provide advice on the use of school incentive grant awards, and provide
assistance as the principal may request as well as carrying out any other duties
prescribed by the local school board. The local school board shall make
provisions to allow any council to file a separate report to the local school
board if the council considers it necessary. However, no council shall have any
of the powers and duties reserved by law or regulation to the local school board.
Notwithstanding any other provisions of this item, when an area vocational center
establishes a local school improvement council, it must be composed as defined
exclusively by federal law. The council shall perform all duties and
responsibilities provided for in any state or federal law which applies to these
councils.
In order to provide additional accountability for funds expended under the
Education Finance Act and the Education Improvement Act the elected members of
the school improvement council shall serve a minimum term of two years. Parents
of students or students in their last year of enrollment at an individual school
may serve terms of one year only. The terms must be staggered and determined by
lot. Elections of members to school improvement councils shall occur no later
than October fifteenth of the school year. Within thirty days following the
election, the names, addresses, terms of service, and status of all council
members as a parent, teacher, student, or representative of the community must
be forwarded to the State Department of Education for the purpose of sharing
information. The district board of trustees shall include in its annual district
report a summary of the training opportunities provided or to be provided for
school improvement council members and professional educators in regard to
council-related tasks and a summary of programs and activities involving parents
and citizens in the school."
Public school employee cost savings program
SECTION 30. The 1976 Code is amended by adding:
"Section 59-1-452. The Public School Employee Cost Savings Program is
established for the purpose of making cash awards to individual school district
employees for cost saving ideas which are proven to be workable. The program
must be administered by the State Department of Education with the advice and
assistance of a special committee to screen suggested ideas and recommend those
with potential merit to be implemented and evaluated. The committee must be
composed of:
(1) one member who is serving on a public school board, appointed by the State
Board of Education upon the recommendation of the South Carolina School Boards
Association;
(2) one member who is serving as a public school superintendent, or district
financial administrator, appointed by the State Board of Education upon the
recommendation of the South Carolina Association of School Administrators;
(3) one member who is serving as a public school principal, vocational center
director, or school administrator, appointed by the State Board of Education;
(4) one public school teacher with a minimum of fifteen years service,
appointed by the State Board of Education upon the recommendation of the South
Carolina Education Association;
(5) one public school teacher with a minimum of fifteen years service,
appointed by the State Board of Education upon the recommendation of the Palmetto
State Teachers Association;
(6) two members appointed by the State Superintendent of Education; and
(7) five private sector business persons, who hold no public office, one
appointed by the Governor, one appointed by Chairman of the Senate Finance
Committee, one appointed by the Chairman of the House Ways and Means Committee,
one appointed by the Chairman of the House Education and Public Works Committee,
and one appointed by the Chairman of the Senate Education Committee.
Committee members shall serve three-year terms except that of those initially
appointed, four shall serve initial terms of one year, four shall serve initial
terms of two years, and four shall serve initial terms of three years, these
initial terms to be determined by lot at the first meeting of the committee.
Members of the committee must not serve on the Education Improvement Act Select
Committee, the Business-Education Partnership for Excellence in Education, or the
Business-Education Subcommittee while serving on the committee created under this
section. Committee members must attend at least eighty percent of the meetings
of the committee in each fiscal year or be replaced. Vacancies must be filled
in the manner of original appointment.
The State Board shall promulgate regulations and establish procedures to
administer the program. The regulations shall limit individual cash awards to
twenty-five percent of the cost savings for one fiscal year or five thousand
dollars, whichever is less. No employee may receive an award for an idea which
could have been implemented by the employee through his normal job duties.
Employees of the State Department of Education may participate in the program.
The State Department of Education shall provide administrative support for the
program. The State Board of Education shall waive or modify its regulations when
appropriate and necessary to achieve cost savings.
The General Assembly shall provide funds to initiate and support the program.
Two years after initial implementation of the program, the program must be
self-supporting. It is the intent of the General Assembly that the funds
appropriated for this program will then be used for assessing the impact of the
programs developed under Target 2000."
DIVISION IX
Create Environment for and Develop
Programs That Expand Business and
Parent Involvement in the Schools
Leadership network
SECTION 31. The 1976 Code is amended by adding:
"Section 59-6-16. The State Board of Education in consultation with the
Business-Education Subcommittee shall appoint a leadership network of
representatives from the private sector. The leadership network shall assist the
State Board of Education business-education partnership program by: (1)
promoting business-education partnerships, (2) evaluating business-education
partnerships, (3) disseminating the benefits of business-education partnerships,
and (4) formulating recommendations on goals and activities for the
business-education partnership program. The leadership network shall meet at
least quarterly and make regular reports to the Business-Education Subcommittee,
State Board of Education, and Select Committee."
Working with leadership network
SECTION 32. Section 59-5-65 of the 1976 Code is amended by adding:
"(14) work with the leadership network established pursuant to Section
59-6-16."
Guidelines for career guidance
SECTION 33. The 1976 Code is amended by adding:
"Section 59-29-21. The State Department of Education is directed to
develop guidelines to include career guidance as a part of the general guidance
program in the schools of the State."
DIVISION X
Testing Arrangements and Oversight and
Study Provisions
Testing arrangements for students with learning disabilities
SECTION 34. Chapter 30, Title 59 of the 1976 Code is amended by adding:
"Section 59-30-15. (A) The State Board of Education shall provide
testing arrangements for students with documented learning disabilities who take
the exit examination provided for in Section 59-30-10 to minimize the effects of
the learning disabilities on test performance.
(B) A documented learning disability in reading is evidenced only by special
education placement, consistent with State Board of Education regulations, in a
program for learning disabled students.
(C) The reading test may be administered orally to students who cannot read
the test because of a documented learning disability if all of the following
conditions are met:
(1) The decision to administer the test orally must be determined by the
committee responsible for the preparation of the student's Individualized
Education Program (IEP) as required by Public Law 94-142.
(2) The school district or other public agency responsible for the student's
education maintains written documentation that pertinent parts of printed
textbooks, tests, and other instructional materials used during daily instruction
are normally presented orally rather than read by the student. Oral presentation
may include, but is not limited to, audio cassettes, video cassettes, oral
reading of tests by test administrators, or any combination of these approaches.
(3) The student's permanent record and any other school documents which
contain exit examination scores must state clearly that the reading test was a
measure of the student's ability to process information read to him and the
obtained score is not a measure of ability to decode printed symbols. This
statement must be expunged from the student's permanent record and other
documents if the student subsequently takes and passes the test under standard
conditions.
(D) The State Board of Education shall develop regulations which provide for
appropriate methods of oral administration of the reading portion of the exit
examination. Oral administrations may include, but are not limited to, audio
cassettes, video cassettes, oral reading of the test by a test administrator, or
any combination of these approaches. If the student qualifies for an oral
administration of the reading test under the provisions of this section, the
committee responsible for the preparation of the student's IEP shall select the
most appropriate method of administration from among those provided for in the
regulations of the State Board of Education.
(E) The parents or legal guardians of a student with documented learning
disabilities whose Individualized Education Program does not provide for oral
administration of the reading portion of the exit exam may appeal that decision
to the State Department of Education within thirty days of receipt of
notification of the decision of the IEP Committee. The Department of Education
shall within twenty days convene a hearing panel composed of five members, one
of whom must be a certified psychologist or specialist in learning disabilities
from the State Department of Education, one of whom must be a certified
psychologist from the involved local school district, one of whom must be a
certified psychologist from another local school district, one of whom must be
a teacher of students with learning disabilities from the involved local school
district, and one of whom must be an administrator of special education programs
from another local school district. The hearing panel shall conduct its
proceedings in the involved school district. Documentation of the need for the
oral administration may be presented in writing or in person to the panel. The
panel shall review the request for an oral administration of the exam and notify
the parents or legal guardians and the student's school of their decision in
writing within ten days of the hearing. The decision of the review panel is
binding on all parties, subject to decisions through the due process procedures
set forth in Public Law 94-142.
(F) Nothing in this section precludes the State Board of Education from
issuing additional regulations or guidelines governing special testing
arrangements."
Oversight Committee
SECTION 35. The 1976 Code is amended by adding:
"Section 59-1-453. For the purposes of this act, the Select Committee,
as provided for in Section 59-6-10, shall serve as the oversight committee for
the provisions of this act. The Select Committee shall oversee the planning,
development, and implementation of the provisions as contained in Target 2000 and
shall monitor the expenditures of the funds appropriated. Each state agency and
entity responsible for implementing Target 2000 funded programs must submit
annually to the Select Committee programs and expenditure reports and budget
requests in a manner prescribed by the Select Committee."
Operation of motor vehicle recommendations
SECTION 36. The 1976 Code is amended by adding:
"Section 59-6-17. The Business-Education Subcommittee in consultation
with the Select Committee shall study requiring school attendance as a condition
of licensing for the privilege of the operation of a motor vehicle and shall
provide a report to the General Assembly by January 1, 1990."
DIVISION XI
Effective Date and Miscellaneous
Costs
SECTION 37. All costs of implementing the provisions of this act must be paid
from funds appropriated for that purpose by the General Assembly. The programs
of this act must be implemented to the extent possible using funds appropriated
by the General Assembly, but no provision of this act is mandatory beyond the
appropriation provided by the General Assembly. Nothing in this section
prohibits local school districts from implementing programs similar to or as
described in this act on the district's initiative.
Staffing
SECTION 38. The State Board of Education shall contract with the Division of
Human Resource Management of the Budget and Control Board to conduct a staffing
analysis to determine the level of staffing and the position classifications and
pay grades of additional staff required to implement the provisions of this act.
Headings and lines
SECTION 39. The divisional headings and the analysis lines under each division
heading are for information purposes only and are not part of the respective
sections of this act.
Time effective
SECTION 40. This act takes effect July 15, 1989. |