S*0090(Rat #0337, Act #0282 of 2004)  General Bill, By Hayes, Ravenel, Reese and 
Rankin

Similar(H 3276)
 AN ACT TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED
 UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE SUPERINTENDENT OF EDUCATION, WITH
 THE APPROVAL OF THE STATE BOARD OF EDUCATION, TO IMPLEMENT A TRAINING PROGRAM
 FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO
 MEDIATE PERSONNEL MATTERS BETWEEN THE DISTRICT BOARD AND THE DISTRICT
 SUPERINTENDENT UNDER CERTAIN CONDITIONS, AND TO FURTHER PROVIDE FOR THE STATE
 SUPERINTENDENT'S AUTHORITY TO FURNISH AN INTERIM REPLACEMENT FOR A DISTRICT
 SUPERINTENDENT WHOSE OFFICE HAS BEEN DECLARED VACANT BY THE GOVERNOR; TO
 PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE AND THE STATE DEPARTMENT OF
 EDUCATION SHALL RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT
 OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE
 UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO
 APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF
 REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED
 UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS. -
 ratified title

   12/11/02  Senate Prefiled
   12/11/02  Senate Referred to Committee on Education
   01/14/03  Senate Introduced and read first time SJ-56
   01/14/03  Senate Referred to Committee on Education SJ-56
   04/01/03  Senate Committee report: Favorable with amendment
                     Education SJ-5
   04/02/03         Scrivener's error corrected
   04/03/03  Senate Amended SJ-51
   04/03/03  Senate Read second time SJ-51
   04/08/03         Scrivener's error corrected
   04/09/03  Senate Read third time and sent to House SJ-30
   04/10/03  House  Introduced and read first time
   04/10/03  House  Referred to Committee on Education and Public Works
   05/13/04  House  Committee report: Favorable Education and Public
                     Works HJ-36
   05/19/04  House  Read second time HJ-217
   05/20/04  House  Read third time and enrolled HJ-48
   06/02/04         Ratified R 337
   07/22/04         Signed By Governor
   07/28/04         Copies available
   07/28/04         Effective date 07/22/04
   08/03/04         Act No. 282

(A282, R337, S90)

AN ACT TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE SUPERINTENDENT OF EDUCATION, WITH THE APPROVAL OF THE STATE BOARD OF EDUCATION, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO MEDIATE PERSONNEL MATTERS BETWEEN THE DISTRICT BOARD AND THE DISTRICT SUPERINTENDENT UNDER CERTAIN CONDITIONS, AND TO FURTHER PROVIDE FOR THE STATE SUPERINTENDENT'S AUTHORITY TO FURNISH AN INTERIM REPLACEMENT FOR A DISTRICT SUPERINTENDENT WHOSE OFFICE HAS BEEN DECLARED VACANT BY THE GOVERNOR, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE AND THE STATE DEPARTMENT OF EDUCATION SHALL RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.

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

Authority to take certain actions, appointment of nonvoting members

SECTION    1.    Section 59-18-1580 of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"Section 59-18-1580.    (A)    If recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board of Education, or if student performance has not made the expected progress and the school district is designated as unsatisfactory, the district superintendent and members of the board of trustees shall appear before the State Board of Education to outline the reasons why a state of emergency must not be declared in the district.

(B)    The state superintendent, with the approval of the State Board of Education, is granted authority to:

(1)    furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education to include establishing and conducting a training program for the district board of trustees and the district superintendent to focus on roles and actions in support of increases in student achievement;

(2)    mediate personnel matters between the district board and district superintendent when the State Board of Education is informed by majority vote of the board or the superintendent that the district board is considering dismissal of the superintendent, and the parties agree to mediation;

(3)    recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the state superintendent may furnish an interim replacement until the vacancy is filled by the district board of trustees. District boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts;

(4)    declare a state of emergency in the school district and assume management of the school district.

(C)    The district board of trustees may appoint at least two nonvoting members to the board from a pool nominated by the Education Oversight Committee and the State Department of Education. The appointed members shall have demonstrated high levels of knowledge, commitment, and public service, must be recruited and trained for service as appointed board members by the Education Oversight Committee and the State Department of Education, and shall represent the interests of the State Board of Education on the district board. Compensation for the nonvoting members must be paid by the State Board of Education in an amount equal to the compensation paid to the voting members of the district board."

Time effective

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

Ratified the 2nd day of June, 2004.

Approved the 22nd day of July, 2004.