Current Status Introducing Body:Senate Bill Number:294 Primary Sponsor:Setzler Type of Legislation:GB Subject:Education Board, membership revised Residing Body:Senate Computer Document Number:294 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Apr 23, 1992 Last History Type:Committee Report: Favorable with amendment Scope of Legislation:Statewide All Sponsors:Setzler Mullinax Bryan Pope Courson Type of Legislation:General Bill
Bill Body Date Action Description CMN
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294 Senate Apr 23, 1992 Committee Report: Favorable 04
with amendment
294 Senate Jan 08, 1991 Introduced and read first 04
time, referred to Committee
294 Senate Nov 05, 1990 Prefiled, referred to 04
Committee
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COMMITTEE REPORT
April 23, 1992
S. 294
Introduced by SENATORS Setzler, Courson, Pope, Bryan and Mullinax
S. Printed 4/23/92--S.
Read the first time January 8, 1991.
To whom was referred a Bill (S. 294), to amend Section 59-5-10, Code of Laws of South Carolina, 1976, relating to the election, composition, and organization of the State Board of Education, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking on page two lines 8 through 12 and inserting, /General Assembly. Five members must be appointed by the governor from the state at large./.
Amend the bill further, as and if amended, by striking on page two lines 19 through 26 and inserting, /coterminous with his term of office./.
Amend the bill further, as and if amended, by striking on page three lines 40 through 43 and inserting, /(E) The board shall select its officers to serve for those terms as the board may designate, except that the Governor shall appoint the chairman and the/.
Amend the bill further, as and if amended, by striking on page four lines 21 through 31 and inserting, /state. No person may be elected or appointed who has a conflict of interest. For the purpose of this chapter, a conflict of interest is defined as employment by a local or state education agency. A person desiring to serve as/.
Amend the bill further, as and if amended, by striking on pages four, five and six all of SECTION 3.
Amend the bill further, as and if amended, by striking on page six lines 33 through 41.
Renumber sections to conform.
Amend title to conform.
NIKKI G. SETZLER, for Committee.
TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION, COMPOSITION, AND ORGANIZATION OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD, THE MANNER IN WHICH MEMBERS ARE SELECTED, AND TO PROVIDE THAT ANY MEMBER OF THE BOARD WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR MEETINGS FOR REASONS OTHER THAN ILLNESS IS CONSIDERED TO HAVE RESIGNED; TO AMEND SECTION 59-5-20 RELATING TO PERSONS ELIGIBLE FOR MEMBERSHIP ON THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND SCREENING OF MEMBERS OF THE BOARD; AND TO AMEND SECTION 59-6-20, AS AMENDED, RELATING TO THE PUBLIC ACCOUNTABILITY DIVISION OF THE STATE BOARD, SO AS TO DISSOLVE THE DIVISION, CREATE A BUREAU FOR EDUCATION ACCOUNTABILITY AS A SPECIAL UNIT AND STAFF TO THE STATE BOARD OF EDUCATION, AND PROVIDE FOR THE DUTIES AND OPERATION OF THE BUREAU.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-5-10 of the 1976 Code is amended to read:
"Section 59-5-10. (A) The State Board of Education shall be is composed of one member from each judicial circuit the members hereinafter specified. The members shall serve terms of four years and until their successors are elected and qualify, except of those first elected, the members from the fifth, tenth and fourteenth circuits shall serve terms of one year; the members from the first, sixth, eight and twelfth circuits shall serve terms of two years and the members from the fourth, seventh, ninth and eleventh circuits shall serve terms of three years. The terms of all members shall commence on January first following their election. One member must be elected from each congressional district of this State by the General Assembly. One member must be elected from the state at large by the Senate and one member must be elected from the state at large by the House of Representatives. Three members must be appointed by the governor from the state at large. The elected members shall serve terms of four years each and until their successors are elected and qualify, except that those members first elected from congressional districts one, three, and five shall serve initial terms of two years each. The terms of the members appointed by the Governor are coterminous with his term of office. The President of the South Carolina School Boards Association, the President of the South Carolina Association of School Administrators, the President of the South Carolina Education Association, and the President of the Palmetto State Teachers Association shall serve as ex-officio, non-voting members of the board.
The legislative delegations representing the counties of each judicial circuit shall meet upon written call of a majority of the members of the delegations of each judicial circuit at a time and place to be designated in such call for the purpose of electing a member of the Board to represent such circuit. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given circuit shall constitute a quorum for the purpose of electing a member, but no person shall be declared elected who shall fail to receive a majority vote of all members of the county legislative delegations from the circuit. The joint county legislative delegations of each circuit shall be organized by the election of a chairman and a secretary and such joint legislative delegations shall, subject to the provisions herein, adopt such rules as they deem proper to govern the election. Any absentee may vote by written proxy.
(B) When the election is completed or the appointments made, the chairman and secretary of the joint county legislative delegations of each circuit shall appropriate officers of the General Assembly or the Governor immediately shall transmit the name of the person elected or appointed to the Secretary of State who shall forthwith issue to such the person, after he has taken the usual oath of office, a certificate of election or appointment as a member of the State Board of Education. The Governor shall thereupon issue a commission to such person and pending such issuance the certificate of election shall be a sufficient warrant to such person to perform all of the duties and functions of his office.
(C) Any member of the board who fails to attend three consecutive regular meetings of the board due to reasons other than illness is considered to have resigned and a vacancy in this office shall exist which must be filled in the manner provided by law. The chairman of the board shall ascertain the reasons for a member's absence which reason must be reflected in the minutes of that meeting.
(D) Any vacancy shall must be filled in the same manner as the original appointment or election for the unexpired portion of the term.
Representation of a given judicial circuit on the State Board of Education shall be rotated among the counties of the circuit, except by unanimous consent of all members of the county legislative delegations from the circuit. No member shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the circuit. Members of the legislative delegation of any county entitled to a member of the board shall nominate persons for the office, one of whom shall be elected to the board.
(E) The board shall select its chairman and other officers to serve for such those terms as the board may designate. Provided, except that the Superintendent of Education shall serve as secretary and administrative officer to the board. The board shall adopt its own rules and procedures. The chairman and other officers shall have such those powers and duties as may be determined by the board not inconsistent with the law.
At the initial meeting of the legislative delegations representing the counties of each circuit, it shall be determined by lot the sequence in which each county shall be entitled to nominate persons for the office."
SECTION 2. Section 59-5-20 of the 1976 Code is amended to read:
"Section 59-5-20. Any person shall be eligible for membership on the Board who is a registered elector of this State, and each member of the Board shall take the oath prescribed in the Constitution of South Carolina before entering upon the duties of his office. The appointed and elected members of the board must be qualified electors of the state. Not more than five members of the board may be professional educators, excluding the ex officio nonvoting members. For purposes of this section, the term "professional educator" includes a teacher, supervisor or principal of any public or private school, an instructor, professor, or president of any public or private university, college, or technical school, any state or school district superintendent of education, or any other person engaged in an administrative capacity in the field of education. A person desiring to serve as a member of the board, except those members appointed by the Governor, must be screened and reviewed pursuant to Chapter 19 of Title 2 before his election. Each member of the board shall take the oath of office prescribed in the Constitution of this State before entering upon the duties of office."
SECTION 3. Section 59-6-20 of the 1976 Code, as last amended by Act 194 of 1989, 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. A Bureau for Education Accountability is established as a special unit and staff to the State Board of Education. The unit head must be under the direct supervision of, and shall report to, the State Board of Education.
The deputy superintendent head of the Bureau for Education Accountability 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 A subcommittee of the Business-Education Partnership for Excellence in Education, appointed by the chairman, shall serve as a screening committee for the selection of the unit head. The screening committee shall recommend for consideration three at least two applicants. Final selection of the unit head must be made by the State Superintendent Board of Education after consulting with the Governor obtaining concurrence of the Select Committee. The unit head must be given a contract not to exceed three years which may be renewed upon agreement of the Business-Education Subcommittee, Select Committee, and the State Board. 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, evaluating and reviewing programs developed under the Education Improvement Act and Target 2000 Act and shall provide information, recommendations, and an annual assessment of the Education Improvement Act as required in Section 59-6-30 and of the Target 2000 Act to the Governor, Select Committee, and Business-Education Subcommittee. The new unit is also responsible for reviewing and evaluating issues and concerns regarding public education as requested by the State Board of Education, Select Committee, or the 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 State Superintendent of Education and the Department of Education must provide support and personnel services and must assist the unit in research and evaluation projects. The Business-Education Subcommittee shall review and approve all products produced by the unit and make recommendations to the State Board of Education for final approval."
SECTION 4. Sections 1 and 2 of this act take effect upon the ratification of an amendment to Section 1, Article XI of the Constitution of this State authorizing the selection of members of the State Board of Education in the manner specified by Sections 1 and 2 of this act. The present members of the State Board of Education shall continue to serve until their successors appointed or elected in the manner specified by Section 59-5-10 of the 1976 Code, as amended by Section 1 of this act, qualify and take office, at which time their then current terms shall expire.
Section 3 of this act takes effect upon approval by the Governor. All positions currently assigned to the Division of Public Accountability, all funding allocated, and all furniture, computers, equipment, records, and other personal property used by the Division of Public Accountability within the Department of Education must be reassigned to the Bureau for Education Accountability on the effective date of this act.