H 3054 General Bill, By Walker, Hinson and Cotty
 A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO
 UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE
 APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE
 INDIVIDUALS TO WHOM THIS PROVISION APPLIES.

   12/04/02  House  Prefiled
   12/04/02  House  Referred to Committee on Judiciary
   01/14/03  House  Introduced and read first time HJ-28
   01/14/03  House  Referred to Committee on Judiciary HJ-28
   02/04/03  House  Member(s) request name added as sponsor: Cotty
   03/25/03  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   03/26/03  House  Amended HJ-40
   03/26/03  House  Read second time HJ-41
   03/27/03  House  Read third time and sent to Senate HJ-16
   03/27/03  Senate Introduced and read first time SJ-30
   03/27/03  Senate Referred to Committee on Education SJ-30

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 26, 2003

H. 3054

S. Printed 3/26/03--H.

Read the first time January 14, 2003.

TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.

Amend Title To Conform

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

SECTION    1.    Section 59-25-115 of the 1976 Code, as added by Act 387 of 1990, is amended to read:

"Section 59-25-115.    (A)    All persons A person applying for initial certification to become a certified education personnel employee in this State shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The costs associated with the FBI background checks are those of the applicant.

(B)    A person enrolled in a teacher education program in South Carolina must be advised by the college or university that his prior criminal record could prevent certification as a teacher in this State in accordance with State Board of Education guidelines.

(C)    Before beginning full-time clinical teaching experience in this State, a teacher education candidate shall undergo a state criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints by the Federal Bureau of Investigation. The costs associated with the FBI background checks are those of the applicant. Information reported relative to prior arrests or convictions will be reviewed by the State Department of Education, and the State Board of Education when warranted, in accordance with board guidelines. A teacher education candidate with prior arrests or convictions of a serious nature that could affect his fitness to teach in the public schools of South Carolina may be denied the opportunity to complete the clinical teaching experience and qualify for initial teacher certification. An individual who is denied this opportunity as a result of prior arrests or convictions, after one year, may request reconsideration under guidelines established by the State Board of Education.

The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual applying for initial certification.

(D)    A graduate of a teacher education program applying for initial teacher certification must have completed the FBI fingerprint process within eighteen months of formally applying for initial teacher certification or the fingerprint process must be repeated.

(E)    An institution of higher learning in this State offering education as a major must inform a potential education major considering teaching as a career that his prior criminal history could prevent certification as a teacher in South Carolina. The student may then choose to have a SLED background check for advisement purposes. The cost associated with the SLED background check requested at the preservice level is that of the student."

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