H*4595(Rat #0167, Act #0148 of 2012)  General Bill, By Bingham, Allison, 
Anthony and White
 AN ACT TO AMEND ACT 73 OF 2011, RELATING TO THE 2011-2012 GENERAL
 APPROPRIATIONS ACT, SO AS TO REVISE PARAGRAPH 1A.54, SECTION 1A, PART IB,
 DIRECTING THE DEPARTMENT OF EDUCATION TO TRANSFER CERTAIN FUNDS TO MEET
 MAINTENANCE OF EFFORT REQUIREMENTS FOR THE INDIVIDUALS WITH DISABILITIES
 EDUCATION ACT BY FURTHER PROVIDING FOR THE DOLLAR AMOUNT OF THE TRANSFER AND
 FOR OTHER TERMS AND CONDITIONS OF THE TRANSFER; AND TO PROVIDE THAT
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SCHOOL DISTRICTS UNIFORMLY MAY
 NEGOTIATE SALARIES BELOW THE SCHOOL DISTRICT SALARY SCHEDULE FOR THE 2012-2013
 SCHOOL YEAR FOR RETIRED TEACHERS. - ratified title

   01/12/12  House  Introduced, read first time, placed on calendar
                     without reference (House Journal-page 128)
   01/18/12  House  Debate adjourned until Tues., 01-24-12
                     (House Journal-page 16)
   01/24/12  House  Debate adjourned until Wed., 01-25-12
                     (House Journal-page 22)
   01/25/12  House  Debate adjourned until Thur., 01-26-12
                     (House Journal-page 15)
   01/26/12  House  Debate adjourned until Tues., 01-31-12
                     (House Journal-page 12)
   01/31/12  House  Amended (House Journal-page 12)
   01/31/12  House  Read second time (House Journal-page 12)
   01/31/12  House  Roll call Yeas-105  Nays-0 (House Journal-page 13)
   02/01/12  House  Read third time and sent to Senate
                     (House Journal-page 5)
   02/01/12  Senate Introduced and read first time (Senate Journal-page 15)
   02/01/12  Senate Referred to Committee on Finance
                     (Senate Journal-page 15)
   04/11/12  Senate Committee report: Favorable with amendment
                     Finance (Senate Journal-page 23)
   04/12/12  Senate Committee Amendment Adopted (Senate Journal-page 28)
   04/12/12  Senate Amended (Senate Journal-page 28)
   04/12/12  Senate Read second time (Senate Journal-page 28)
   04/12/12  Senate Roll call Ayes-36  Nays-0 (Senate Journal-page 28)
   04/12/12  Senate Unanimous consent for third reading on next
                     legislative day (Senate Journal-page 28)
   04/13/12  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 1)
   04/18/12  House  Read third time and enrolled
   04/18/12  House  Roll call Yeas-111  Nays-0
   04/19/12         Ratified R 167
   04/23/12         Signed By Governor
   04/25/12         Effective date 04/23/12
   05/07/12         Act No. 148

(A148, R167, H4595)

AN ACT TO AMEND ACT 73 OF 2011, RELATING TO THE 2011-2012 GENERAL APPROPRIATIONS ACT, SO AS TO REVISE PARAGRAPH 1A.54, SECTION 1A, PART IB, DIRECTING THE DEPARTMENT OF EDUCATION TO TRANSFER CERTAIN FUNDS TO MEET MAINTENANCE OF EFFORT REQUIREMENTS FOR THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT BY FURTHER PROVIDING FOR THE DOLLAR AMOUNT OF THE TRANSFER AND FOR OTHER TERMS AND CONDITIONS OF THE TRANSFER; AND TO PROVIDE THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SCHOOL DISTRICTS UNIFORMLY MAY NEGOTIATE SALARIES BELOW THE SCHOOL DISTRICT SALARY SCHEDULE FOR THE 2012-2013 SCHOOL YEAR FOR RETIRED TEACHERS.

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

Transfer of funds revised

SECTION 1.    Paragraph 1A.54, Section 1A, Part IB of Act 73 of 2011, is amended to read:

"1A.54.    (SDE-EIA:IDEA Maintenance of Effort) Prior to the dispersal of funds appropriated in Section XI.A.1 Aid to Districts according to Proviso 1A.48 for Fiscal Year 2011-2012, the department shall direct $33,549,409 of the funds appropriated in Section XI.A.1 Aid To Districts to school districts and special schools for supplemental support of programs and services for students with disabilities, to meet the estimated maintenance of effort for IDEA. Funds provided for the maintenance of effort for IDEA may not be transferred to any other purpose and therefore are not subject to flexibility. The department shall distribute these funds using the current fiscal year one hundred thirty-five day Average Daily Membership. For continued compliance with the federal maintenance of effort requirements of the IDEA, funding for children with disabilities must, to the extent practicable, be held harmless to budget cuts or reductions to the extent those funds are required to meet federal maintenance of effort requirements under the IDEA. By June 30, 2012, the department shall submit an estimate of the IDEA MOE requirement to the General Assembly and the Governor."

Retired teacher salaries

SECTION    2.    Notwithstanding another provision of law, school districts uniformly may negotiate salaries below the school district salary schedule for the 2012-2013 school year for retired teachers.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 19th day of April, 2012.

Approved the 23rd day of April, 2012.