H 4590 Session 112 (1997-1998)
H 4590 General Bill, By Barfield, Allison, Barrett, Battle, Bauer, J.M. Baxley,
Beck, G. Brown, T. Brown, A.W. Byrd, Carnell, Cato, Clyburn, J.L.M. Cromer,
Dantzler, Davenport, Edge, Fleming, Gamble, Gourdine, Harris, Harvin, Haskins,
Hawkins, Hinson, Inabinett, B.L. Jordan, Keegan, Kennedy, M.H. Kinon, Kirsh,
Knotts, Koon, Law, Leach, Limehouse, Lloyd, Maddox, Martin, Mason, McGee, McKay,
W. McLeod, McMahand, J.D. McMaster, Meacham, V.T. Mullen, Neilson, Phillips,
Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Seithel, Sharpe, Simrill,
D. Smith, F. Smith, J. Smith, Spearman, Stille, E.C. Stoddard, Tripp, Trotter,
Walker, Whatley, Whipper, Wilder, Witherspoon, W.J. Young and Young-Brickell
A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
EDUCATION, BY ADDING CHAPTER 28 SO AS TO ESTABLISH AN ALTERNATIVE PILOT SCHOOL
PROGRAM FOR STUDENTS EXPELLED FROM THE SIXTH THROUGH TWELFTH GRADES TO PROVIDE
THEM WITH AN OPPORTUNITY TO CONTINUE THEIR EDUCATION.
02/05/98 House Introduced and read first time HJ-5
02/05/98 House Referred to Committee on Education and Public
Works HJ-5
A BILL
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING
CHAPTER 28 SO AS TO ESTABLISH AN ALTERNATIVE
PILOT SCHOOL PROGRAM FOR STUDENTS EXPELLED
FROM THE SIXTH THROUGH TWELFTH GRADES TO
PROVIDE THEM WITH AN OPPORTUNITY TO CONTINUE
THEIR EDUCATION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 28
Pilot Schools for Students Expelled
from Sixth Through Twelfth Grades
Section 59-28-10. This chapter is known and may be cited as the
'South Carolina Alternative Pilot Schools Act'.
Section 59-28-20. (A) The General Assembly finds and declares
that:
(1) it is the goal of this State to provide educational
opportunities to all students who choose to pursue such opportunities;
(2) to maintain discipline in the public schools, it is essential
sometimes for the public schools to expel students;
(3) students who are expelled from public schools are much
more likely than their former classmates to fail to obtain a high
school education and to have early contacts with the criminal justice
system;
(4) providing students in the sixth through twelfth grades who
have been expelled with the opportunity to continue their education
in a proper setting shall enhance the possibility that they will
continue their education and become productive members of society;
(5) as students who are expelled from public schools no longer
belong to any school district, it is appropriate for the State to devise
programs to meet their needs.
(B) The General Assembly further finds that this chapter is enacted
to:
(1) complement the present disciplinary systems in existence in
this State;
(2) encourage diverse approaches to educating children who
have been expelled;
(3) provide students who have been expelled with the
opportunity to continue their education;
(4) determine the most effective means of addressing the
educational, psychological, cultural, and other needs of those students
who have been expelled; and
(5) provide resources for development of an extended day,
year-round program for students who require more intense
supervision and instruction.
Section 59-28-30. As used in this chapter, unless the context
otherwise requires:
(1) 'At-risk student' means a student who is in the sixth through
twelfth grades who is under seventeen years of age, and who has
been the subject of at least one suspension in the past year.
(2) 'Expelled student' means a student who is in the sixth through
twelfth grades who is under seventeen years of age, and who has
been expelled from school for a period in excess of thirty days.
(3) 'Pilot school' means a school created pursuant to this chapter
by a school district, combination of school districts, or a private
entity operating pursuant to a contract with the state board.
(4) 'State board' means the State Board of Education.
Section 59-28-40. (A) The state board may provide for the
establishment and operation of two full-time residential pilot schools
pursuant to the following provisions:
(1) The state board shall consider placement of the pilot schools
in geographic areas of the State that shall provide the easiest access
to the maximum number of expelled and at-risk students eligible to
attend the pilot schools.
(2) A pilot school is a public, nonsectarian, nonreligious,
nonhome-based school.
(3) A pilot school is subject to all federal and state laws and
constitutional provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin, religion, or
ancestry. Enrollment decisions must be made in a nondiscriminatory
manner specified by the pilot school applicant in the pilot school
application.
(B) The two pilot schools shall each have a minimum of sixty
students, two-thirds of which must be expelled students and one-third
of which must be at-risk students. The schools shall make available
full-time residential facilities for all expelled students who, in the
determination of the pilot school, and State Board of Education in
consultation with parents or guardians, may benefit from an
environment different from those conditions that may have
contributed to the student's expulsion.
(C) A pilot school shall operate on a year-round basis and offer
services for an extended period of more than eight hours during each
educational day. All pilot schools shall be operated in a boot camp
like environment with no frills being permitted such as television,
stereos, CD players, or other similar amenities to encourage the
students to value and appreciate the regular school system when they
return to it.
(D) A pilot school must be accountable to the state board for
purposes of ensuring compliance with applicable laws and contract
provisions.
(E) The pilot school may require a parent or legal guardian and the
student to enter into a mutual responsibility agreement according to
the terms of which a parent, legal guardian, or student provides
services to the pilot school or agrees to make a financial contribution
to the pilot school.
(F) A pilot school must be funded by the State in the manner the
General Assembly shall provide.
(G) Pursuant to contract, a pilot school may operate free from
specified school district policies, state laws, state regulations, and
contract requirements otherwise applicable to schools located in the
school district where the pilot school is located. Upon request of the
pilot school, the state board may release the pilot school from any
school district policies, state laws, state regulations, or contract
requirements.
(H)(1) A pilot school must be responsible for its own operation
including, but not limited to, preparation of a budget, compilation of
any data required by this chapter, contracting for services, and
personnel matters.
(2) A pilot school may negotiate and contract with a school
district, the governing body of a state college or university, or any
third party for the use of a school building and grounds, the operation
and maintenance thereof, and the provision of any service, activity,
or undertaking that the pilot school is required to perform in order to
carry out the education program described in its contract. A pilot
school may contract with the State for the use of any available state
facility in order to carry out its education program. Any services for
which a pilot school contracts with the state board or any school
district must be provided to the pilot school at cost.
Section 59-28-50. (A) The state board shall promulgate
regulations for the applications to be submitted for the right to
operate a pilot school that includes:
(1) a description of the applicant, it's experience in providing
educational, counseling, social, and other necessary services to
expelled and other students, and, in the case of nonprofit
organizations, its balance sheets and operating statements for the
previous three years;
(2) information regarding the educational background,
experience, and qualifications of personnel who will serve on the
board of directors and operate the school;
(3) the mission statement of the proposed pilot school;
(4) the goals, objectives, and performance standards to be
achieved by the pilot school;
(5) a description of the standards upon which the pilot school
will select and admit expelled and at-risk students and determine
when an expelled student must be admitted as a residential student;
(6) a description of the pilot school's educational program,
student performance standards, curriculum, and student conduct code;
(7) a description of the pilot school's plan for evaluating student
performance, the types of assessments that must be used to measure
student progress toward achievement of the performance standards,
the time line for achievement of such standards, and the procedures
for taking corrective action in the event that student performance at
the pilot school falls below the standards;
(8) evidence that the proposed pilot school is economically
sound, a proposed budget for the term of the contract, and a
description of the manner in which an annual audit of the financial
and administrative operations of the pilot school is to be conducted;
(9) a description of the governance and operation of the pilot
school, including the nature and extent of parental, professional
educator, social services, and community involvement;
(10) an explanation of the relationship that exists between the
proposed pilot school and its employees;
(11) a description of how the pilot school plans to meet the
residential needs of its students and, if the pilot school plans to
provide transportation for students, a plan for addressing their
transportation needs;
(12) a description of how the school shall assist students in
adapting to a public school or other appropriate learning or work
environment upon the student's departure from the pilot school;
(13) a description of how the pilot school shall involve parents
in order to enhance students' performance in the pilot school,
including the use of any mutual responsibility contracts;
(14) a description of the pilot school's plan to sponsor periodic
meetings, conferences, or training seminars to provide information
concerning expelled or at-risk students to personnel in the school
districts that represent the geographic area in which the pilot school
is located;
(15) identification of the entity that shall evaluate the pilot
school;
(16) a description of how the pilot school plans to foster an
awareness of cultural needs; and
(17) any other information considered necessary by the state
board.
(B) If accepted, the application shall serve as the basis of a contract
between the state board and the applicant.
Section 59-28-60. (A) The state board shall appoint a selection
committee to review applications for each of the pilot schools
established pursuant to this chapter and to make recommendations to
the state board as to whether a pilot school should be established in
an area and which applicants should be selected. The state board
shall appoint, as members of or advisors to the committee, members
from the county Department of Social Services from each county in
which a pilot school is to be established. The committee also may
include persons from local school districts, local law enforcement
agencies, local probation departments, community-based
organizations, parent groups, and any other interested private
citizens.
(B) Applications must be filed with the state board by the first of
July of the previous year to be eligible for the award of contracts for
operation during a particular school year. This deadline does not
apply for the first year such schools are established, which deadline
instead must be set by the state board. If the state board finds the
pilot school application is incomplete, it shall request the necessary
information from the applicant.
(C) After giving reasonable public notice, the state board may hold
community meetings in the area where each pilot school is to be
located.
(D) The state board shall select applicants for contracts for
operation of pilot schools in a public hearing, upon reasonable public
notice.
Section 59-28-70. (A) The state board shall enter into negotiations
for a contract to operate a pilot school with each applicant it has
selected. The contract must be for three years' duration, commencing
upon the date of its execution, and shall set forth the terms under
which the pilot school shall operate. The contract may be renewed
for an additional period of up to three years. The contract shall
incorporate the pertinent provisions from the application and shall
provide for termination for cause. The contract shall reflect all
agreements regarding the release of the pilot school from state board
policies and state laws.
(B) The state board's decisions regarding the award and contents
of a contract must be final and may not be reviewable by appeal,
certiorari, mandamus, injunction, or otherwise.
Section 59-28-80. (A) A pilot school renewal application must be
submitted to the state board no later than six months before the
expiration of the original contract and shall contain:
(1) a report on the progress of the pilot school in achieving the
goals, objectives, student performance standards, content standards,
and other terms of the initial approved pilot school application;
(2) a financial statement in a format determined by the state
board that discloses the costs of administration, instruction, and other
spending categories for the pilot school for each of the years of the
contract. Such a statement must be understandable to the general
public and should allow comparison of such costs to other schools or
other comparable organizations;
(3) a report on the population of the pilot school that discloses
the following:
(a) the ethnic, racial, and gender composition of the school
and the ages of the students who have attended the school since its
inception;
(b) disciplinary records of the students, including the dates,
reasons, and background for each disciplinary incident;
(c) records of student contacts with the juvenile or criminal
justice systems;
(d) data on the dropout or graduation rates of the students;
(e) information on the attendance of the students; and
(f) information on the success of the school in educating
expelled students.
(B) A pilot school may be closed or a renewal application may be
denied by the state board if the state board determines that the pilot
school:
(1) committed a material violation of any of the conditions,
standards, or procedures set forth in the application;
(2) failed to meet or make reasonable progress toward
achievement of the content standards or pupil performance standards
identified in the pilot application;
(3) failed to meet generally accepted standards of fiscal
management; or
(4) violated any provision of law from which the pilot school
was not specifically exempted.
(C) A decision by the state board to close a pilot school or not to
renew a pilot school application is subject to review pursuant to the
provisions of the Administrative Procedures Act.
Section 59-28-90. (A) If an employee of a local school district
makes a written request for a leave to be employed at a pilot school,
the school district shall grant the leave for up to three years as
requested by the employee. The school district may require that the
request for leave or extension of leave be made by the date under
state law for the return of teachers' contracts. Employees may return
to employment with the local school district at its option with the
same teaching or administrative contract status as when they left, but
without assurance as to the school or supplemental position to which
they may be assigned.
(B) During a leave, the employee may continue to accrue benefits
and credits in the South Carolina Retirement System by paying the
employee contributions based upon the annual salary of the
employee, and the pilot school shall pay the employer contribution.
The South Carolina Retirement System may impose reasonable
requirements to administer this section.
Section 59-28-100. (A) The state board shall evaluate the pilot
schools based upon the progress of the pilot schools in achieving the
goals, objectives, student performance standards, content standards,
and other terms of the initial approved pilot application as well as
relevant information about the cost and fiscal management of the
pilot schools.
(B) The state board shall prepare an annual report on the progress
and efficiency of the pilot schools to be presented to the General
Assembly no later than three years after the effective date of this
chapter, and on the first day of January of each year thereafter. The
state board may require pilot schools to submit data on an appropriate
periodic basis for the purpose of preparing the annual report.
Section 59-28-110. (A) Expelled students and any at-risk
students otherwise eligible to attend sixth through twelfth grades may
voluntarily apply to any pilot school. No student must be compelled
to attend a pilot school. Each pilot school shall devise its own
application and admission procedures. An application shall include:
(1) the name, address, gender, race, ethnicity, and age of the
student;
(2) if the student was expelled, the reasons for the expulsion, the
date of the expulsion, and the disciplinary record of the student;
(3) a statement why the student is applying to be a full-time
residential student;
(4) a statement from the student explaining why he or she would
benefit from the pilot school program;
(5) academic records for the prior three years, including classes
taken, grades, or evaluations received, grade point average, results of
any diagnostic testing, and results of standardized tests;
(6) the student's and parent's, guardian's, or legal custodian's
consent to submit to drug testing if required by the pilot school;
(7) information about the extracurricular activities, sports,
hobbies, or out-of-school employment of the student before
expulsion; and
(8) any other application information required by the pilot
school to which the student is applying.
(B) Each student is eligible to apply to the pilot school serving the
county where the student resides. A student also may apply to any
other pilot school that has not filled all of its sixty student slots.
(C) Students admitted to a pilot school may continue to be enrolled
at the pilot school after the expiration of any period of expulsion from
their original schools. Students of pilot schools who were not
originally enrolled as expelled students may continue to be enrolled
pursuant to the policies and regulations adopted by the pilot school.
Section 59-28-120. A pilot school may discipline, suspend, and
expel students based upon a reasonable belief that a student is using
drugs; a pilot school may require a student to submit to drug testing
after providing notice to the student's parent, guardian, or legal
custodian.
Section 59-28-130. Within five days of expelling a student, the
school district that expelled the student shall:
(1) notify the student and the student's parent, guardian, or legal
custodian of the student's opportunity to apply to a pilot school;
(2) provide the student's parent, guardian, or legal custodian with
a copy of the student's academic and disciplinary records; and
(3) notify the appropriate pilot school of the student's expulsion.
Section 59-28-140. A pilot school shall contract with one or more
universities to monitor and track the progress of students in the pilot
school.
Section 59-28-150. (A) The State Department of Education may
pursue additional sources of funding for the financing of pilot
schools, including, but not limited to, grants, donations, and
contributions from public or private sources.
(B) A pilot school may have access to any public or private
funding sources available for vocational training."
SECTION 2. The pilot schools authorized by the provisions of
Chapter 28 of Title 59 of the 1976 Code, as contained in Section 1 of
this act, shall be established beginning with the 1999-2000 school
year contingent upon sufficient funding being provided by the
General Assembly.
SECTION 3. This act takes effect upon approval by the Governor.
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