Bill 321

                    Current Status

Bill Number:               321
Ratification Number:       295
Act Number                 194
Introducing Body:          Senate
Subject:                   "Target 2000-School Reform for the Next
                           Decade" Act

(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.