Current Status Bill Number:4597 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960213 Primary Sponsor:Harrell All Sponsors:Harrell, Townsend, Wilkins, Allison, Quinn, Harrison, Richardson, Knotts, Koon, Worley, J. Brown, Law, Lanford, Cain, Riser, Cooper, Rhoad, Kirsh, Walker, Waldrop, Keegan, Kelley, Shissias, Limbaugh, Boan, Stuart, H. Brown, Wells, Klauber, J. Young, Hallman, Limehouse, Fulmer, Cotty, Whatley, Wright, Simrill, Davenport, Hutson, Littlejohn, D. Smith, Sharpe, Seithel, Vaughn, Wofford, Dantzler, Rice, Cato, R. Smith, Haskins, Mason, Jaskwhich, Marchbanks, Thomas, Young-Brickell, Herdklotz, Trotter, Robinson, Sandifer, Stille, Witherspoon and Loftis Drafted Document Number:pfm\7909sd.96 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:School Accountability Act of 1996
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960213 Introduced, read first time, 21 HEPW
referred to Committee
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TO ENACT THE "SOUTH CAROLINA SCHOOL ACCOUNTABILITY ACT OF 1996" INCLUDING PROVISIONS TO DIRECT THE STATE BOARD OF EDUCATION TO REPEAL ALL REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THE SCHOOL ACCOUNTABILITY ACT OF 1996 AS WELL AS THOSE WHICH ADDRESS ISSUES WHICH SHOULD BE DECIDED BY EACH SCHOOL DISTRICT AS A MATTER OF LOCAL SCHOOL BOARD POLICY; TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO ESTABLISH BENCHMARKS OF SUCCESS WHICH MUST BE ACHIEVED BY EVERY PUBLIC SCHOOL IN THIS STATE BY SPECIFIED YEARS, TO ESTABLISH A JOINT COMMITTEE TO REVIEW THE ELEMENTS OF THE EDUCATION FINANCE ACT FOUNDATION PROGRAM AND RECOMMEND REVISIONS, TO PROVIDE THAT CERTAIN EDUCATION IMPROVEMENT ACT FUNDS SHALL BE ALLOCATED AND DISTRIBUTED TO LOCAL SCHOOLS AND DISTRICTS AS LOCAL SCHOOL INNOVATION FUNDS, TO REQUIRE EACH SCHOOL DISTRICT TO RETAIN AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT AN ANNUAL AUDIT OF FUNDS EXPENDED BY THE DISTRICT, TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO EVALUATE EACH PUBLIC SCHOOL USING THE ABOVE BENCHMARKS OF SUCCESS AND CLASSIFY EACH SCHOOL AS SUCCESSFUL, IMPROVING, ADVISED, WARNED, OR SUBSTANDARD, AND TO PROVIDE FOR PROCEDURAL REWARDS, REMEDIES, AND REQUIRED CORRECTIVE ACTION, IF APPLICABLE, BASED ON EACH CLASSIFICATION; BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1996 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS AT THE SAME TIME AS THE GENERAL ELECTION, TO PROVIDE THAT CURRENT MEMBERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE; BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1996, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR; BY ADDING SECTION 59-19-91 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF LOCAL SCHOOL BOARDS OF TRUSTEES; BY ADDING SECTION 59-19-92 SO AS TO PROVIDE THAT AFTER THE 1996 GENERAL ELECTION, IT SHALL BE UNLAWFUL FOR A SCHOOL TRUSTEE TO RECEIVE PAY AS AN EMPLOYEE OF A PUBLIC SCHOOL THAT IS LOCATED IN THE SAME DISTRICT OF WHICH THAT PERSON IS A TRUSTEE; AND BY ADDING SECTION 59-24-65 SO AS TO FURTHER PROVIDE FOR THE POWERS, DUTIES, AND RESPONSIBILITIES OF SCHOOL SUPERINTENDENTS AND HOW THESE POWERS, DUTIES, AND RESPONSIBILITIES INTERACT WITH THOSE OF THE LOCAL SCHOOL BOARD OF TRUSTEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) This act is known and may be cited as the `South Carolina School Accountability Act of 1996'.
(B) It is the intent of the General Assembly by this act to improve the academic performance of South Carolina students by creating an educational system that promotes strong and effective leadership at the local level where teaching and learning take place. This act enhances South Carolina's public education system, Grades K-12. It provides for a review and revision of the financing of public education, school and school district accountability for all students achieving high academic standards, and the uniform election of local school board members in the general elections. Schools and communities are to be provided with funding, and will be held accountable for results.
(C) In order to develop a system which promotes flexibility and continuous improvement in all schools and districts, hold schools and districts accountable for all students achieving high academic standards, and continues to ensure adequate funding to provide educational excellence to all students in all communities in South Carolina, the General Assembly has determined to enact the provisions of this act.
SECTION 2. The General Assembly directs the State Board of Education, pursuant to the Administrative Procedures Act, to repeal all regulations inconsistent with the provisions of the South Carolina School Accountability Act of 1996 as well as those which address issues which should be decided by each school district as a matter of local school board policy.
SECTION 3. Title 59 of the 1976 Code is amended by adding:
Section 59-22-10. (A) A joint committee of the General Assembly is created consisting of the following members: the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the chairman of the Senate Finance Committee, the chairman of the House Ways and Means Committee, the chairman of the Senate Education Committee, and the chairman of the House Education and Public Works Committee, or their designees. The State Superintendent of Education or his or her designee also shall be a member of the committee.
(B) By January 14, 1997, the committee shall review the current elements included in the Education Finance Act Foundation Program and recommend a revised foundation program. The revised program shall address, but not be limited to, the following: instruction, instructional support, operations, leadership, and other commitments. The committee shall also review the expenditures of schools and school districts in these categories as reported by the State Department of Education finance analysis model, and the cost of providing a quality education to all students. The revised foundation program shall focus on the school level and the specific needs of each classroom and school.
(C) A portion of the funds previously allocated pursuant to the Education Improvement Act as determined by the General Assembly must be appropriated as local school innovation funds to school districts and schools in the form of flexibility grants for school innovations. The State Department of Education shall distribute these funds on a weighted per pupil basis to all eligible schools as defined by this chapter and by law. The expenditure of these funds shall be site-based at eligible schools and shall fulfill the original intent of the Education Improvement Act as follows:
(1) raising student performance;
(2) strengthening of the teaching and testing of basic skills;
(3) elevating teaching as a profession;
(4) improving leadership;
(5) implementing quality controls and fiscal efficiency of schools;
(6) creating effective partnerships; and
(7) providing school buildings conducive to student learning.
(D) Each school district shall retain an independent Certified Public Accounting (CPA) firm to conduct an annual audit of all funds expended by the district regardless of source. The format shall be prescribed by the State Department of Education. Copies of the audit reports must be submitted to the State Department of Education by November fifteenth after the close of each fiscal year. If a district does not submit its report by November fifteenth, Education Finance Act funds for the district must be withheld upon recommendation of the department until the report is submitted.
Section 59-22-20. (A) School districts are strictly accountable for ensuring that all students achieve high academic achievement standards. The following benchmarks of success must be achieved by every public school in South Carolina by each of the specified years:
1997 1998 1999 2000 2001
State Assessment
Students Meeting Academic 75% 80% 85% 90% 95%
Standards and Workplace Skills
Exit Exam
Students Meeting Academic 90% 95% 98% 99% 99%
Standards and Workplace Skills
Norm-Referenced Test Reflects the achievement distribution of nation's students
Quarter Distribution (25-25-25-25) with no more than 30% of students in the lowest quarter in the first year, 27% second year, 25% third year and thereafter.
SAT Meet the national average for the previous academic year
ACT Meet the national average for the previous academic year
(B) Students exempt from the above include those with Individualized Education Programs which exempt them from statewide testing programs.
(C) A student who drops out shall be counted as a nonachieving student during the year he drops out and shall be counted in the number of students tested. The score attributed to the student who drops out shall be the score achieved by the lowest scoring student in that grade in the school in which the student was enrolled. Dropout is as defined by the State Department of Education's Guidelines on Dropouts.
Section 59-22-30. (A) The State Department of Education shall evaluate each public school using the Benchmarks of Success beginning in the fall of the year following the effective date of this chapter. Test results of any spring will be evaluated the following fall beginning in 1998. By January fifteenth of each year, the State Department of Education shall issue a report card for each school and school district. Each report card shall address, but not be limited to, the evaluation of academic achievement and the cost analysis information. Each school shall receive one of the following classifications:
(1) Successful: Successful means a school that meets all the Benchmarks of Success;
(2) Improving: Improving means a school that does not meet all of the benchmarks of success but whose achievement scores from the previous year have at least progressed one-third of the way towards the current year's benchmark in state assessment, exit exam, SAT, and ACT tests;
(3) Advised: Advised means a school that does not meet all the Benchmarks of Success;
(4) Warned: Warned means a school that does not meet all the Benchmarks of Success for the second consecutive year;
(5) Substandard: Substandard means a school that does not meet all the Benchmarks of Success for the third consecutive year.
(B) In addition to issuing a report card for each school and school district, the State Department of Education also shall issue a summary report which contains information relating to all schools and school districts. This report shall highlight successful schools and school districts and provide information on programs, policies, practices, and activities within these schools and districts.
(C) Each school district shall issue annually to the local community through the media a report on the status of district and school academic achievement to include a comparison to last year's achievement and the strategies employed by the district and individual schools to improve achievement.
(D) Beginning with the 1997-98 school year, when a school is designated as successful or improving, the school incentive model, adopted by the State Board of Education, must be applied only to schools designated successful or improving and awards must be made accordingly. The State Board of Education is directed to review and revise the school incentive model annually to include minimum and maximum awards and to reflect the purposes of the School Accountability Act of 1996. One-half of the funds appropriated for the school incentive reward program by the General Assembly shall be awarded to schools qualifying for such awards under the revised State Board of Education model. The remaining one-half of the funds shall be distributed to the qualifying schools on a per pupil allocation based on the one hundred thirty-five day average daily membership of the previous school year. The district shall distribute the funds received based on per pupil allocations as salary bonuses to all school staff of the awarded schools. Certified employees for this purpose shall be weighted as 1.5 and their bonuses distributed in proportion to the contractual time assigned to the school, and noncertified employees for this purpose shall be weighted as 1.0 and their bonuses distributed in proportion to the percentage of a calendar year the noncertified employee is assigned to the school.
(E) When a school is designated as advised, the district superintendent, in consultation with the local board of trustees, the principal, the School Improvement Council, and the School Renewal Planning Team shall provide appropriate assistance to the school after full review and, if necessary, revision of that school's school renewal plan. In addition, all instructional and administrative staff members of the school shall be required to participate in at least a three-week professional development program approved by the district superintendent, in accordance with the revised school renewal plan, during the summer following the advised designation. In addition to the above, the principal and assistant principals of the school shall be required to participate in leadership training approved by the district superintendent during the scholastic year following the advised designation. School district or local school innovation funds may be allocated for professional development and leadership training.
(F) When a school is designated as warned, the district superintendent, in consultation with the local board of trustees, the principal, the School Improvement Council, and the School Renewal Planning Team shall provide direct assistance to the school after full review and, if necessary, revision of that school's school renewal plan. In addition, all instructional and administrative staff members of the school shall be required to participate in at least a six-week professional development program approved by the district superintendent, in accordance with the revised school renewal plan, during the summer following the warned designation. In addition to the above, the principal and assistant principals of the school shall be required to participate in leadership training approved by the district superintendent during the scholastic year following the warned designation. School district or local school innovation funds may be allocated for professional development and leadership training.
(G) If a school is designated as substandard, the following provisions apply:
(1) The principal of that school may be removed from that position and, if removed, must not be assigned to any other administrative or supervisory position within the district.
(2) The contracts of all teachers of the school, notwithstanding any other provision of law, shall be deemed nonrenewed for the following year. Renewal of any of these personnel contracts shall be the decision of the district superintendent and the local board of trustees in consultation with the new principal if one has been appointed. Notice of contract status must be given by April fifteenth if the district is declared as substandard.
(3) A committee composed of fourteen members shall be appointed by the district superintendent to specifically address the substandard status of the school. The committee shall include the principal, four teachers, two from the school designated as substandard and two from a school which meets the benchmarks, three parents, three members of the business community, and three school improvement council members.
(4) The committee shall develop and implement a plan for improvement with specific timelines, objectives, and strategies. The committee must be convened by February first of the year the school is declared substandard and the plan completed by March fifteenth of that year.
(5) The committee report shall be in writing and shall be presented orally to the district board of trustees and the community on or before March thirtieth of that year. The report must be approved by the local board of trustees and implemented by the superintendent. A copy of the report must be forwarded to the State Department of Education.
(6) Should a local superintendent and school board of trustees choose not to remove the principal of a substandard school by July first, the school shall be considered ineligible for local school innovation funds. Allocations of local school innovation funds shall resume in the year following the removal of the principal or the school being declared successful.
(7) If a school has been designated substandard, has met all the requirements of a school so designated, and has replaced the principal, the new academic year shall be considered year one for the purposes of classification under Section 59-22-30.
Section 59-22-40. (A) A school district shall be designated as substandard if one-third of the schools within that district are designated as substandard or if a school within the district is designated as substandard for two consecutive years.
(B) Notwithstanding any other provision of law, if a district is designated as substandard, the following provisions apply:
(1) The district superintendent's contract becomes void;
(2) The local board of trustees shall appoint an interim superintendent to mange the operation of the district for no longer than twelve months;
(3) The contracts of all district level personnel are voidable at the decision of the interim superintendent, and notice must be given on or before April fifteenth for the following school year;
(4) The contracts of all teachers and administrative personnel in the schools declared to be substandard shall be deemed nonrenewed for the following year. Renewal shall be at the decision of the interim superintendent and notice must be given on or before April fifteenth for the following school year;
(5) The local board of trustees shall select a district superintendent to be employed for the scholastic year following the designation of the district as substandard;
(6) Should an interim superintendent and local board of trustees choose not to remove the principals of substandard schools by July first, the district shall be considered ineligible for local school innovation funds. Allocation of local school innovation funds shall resume in the year following the removal of the principals or the district being declared successful or improving."
SECTION 4. The 1976 Code is amended by adding:
"Section 59-19-25. (A)(1) Notwithstanding any other provision of law or special act providing for the appointment or election of school trustees in a school district, beginning in 1996 and every two years thereafter as appropriate, members of the boards of trustees for the school districts of this State must be elected in nonpartisan elections to be conducted at the same time as the general election in those years.
(2) A school district board of trustees now elected in nonpartisan elections as provided by law shall continue to be elected in that manner except that the date of the nonpartisan elections must be at the same time as the general election in the appropriate even-numbered year.
(3) All current members of the boards of trustees of the school districts whose terms expire in an even-numbered year shall continue to serve until their successors are elected and qualify in the manner provided in this section in the election of that even-numbered year. All current members of the board of trustees of the school districts whose terms expire in an odd-numbered year shall continue to serve until their successors are elected and qualify in the manner provided in this section at the election in the next ensuing even-numbered year.
(4) The terms for all persons elected to the boards of trustees are as now provided by law for that district and commence as provided in Section 59-19-315, unless otherwise provided by law applicable to the particular district.
(5) The term `school district boards of trustees' or any similar variation as used in this section is deemed to include a county board of education if it by law is the governing body of a school district.
(B) (1) Candidates for these offices which are filled in nonpartisan elections on the effective date of this section must be nominated by the method provided by law for the office affected.
(2) Candidates for these offices which are filled in partisan elections on the effective date of this section must be nominated by petition as provided in Section 7-11-70 or by declaration of candidacy filed with the appropriate election commission or authority conducting the election.
(3) The elections provided for in this section must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section or in other provisions of law relating to that particular school district. If no such method of conducting the election is now applicable to a district, the elections must be conducted by the county election commission with the cost of the election to be borne by the district. Trustees shall continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that district.
(4) Vacancies in these offices must be filled as provided by law, except that if an election is required, it must be a nonpartisan election conducted in the manner required by this section.
(5) The results of these elections must be determined in the manner provided by law for that district, except that if no such provision of law is now applicable to that district, the results must be determined in accordance with the nonpartisan plurality method contained in Section 5-15-61.
(C) Candidates for the office of trustee for the boards of trustees for the school districts of this State are prohibited from soliciting or accepting a contribution, gift, loan, or any other thing of value from a certified political party or from any person or entity acting for or on behalf of a certified political party. No candidate, candidate's committee, or person or entity acting for or on behalf of a candidate or candidate's committee may publish or distribute campaign literature which in any way states, implies, or suggests party affiliation."
SECTION 5. The 1976 Code is amended by adding:
"Section 59-19-45. (A) Within one year of taking office, all persons elected or appointed as members of a school district board of trustees after July 1, 1996, shall successfully complete an orientation in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, and community relations.
(B) The orientation shall be approved by the State Board of Education and conducted by public or private entities approved by the State Board of Education such as the South Carolina School Boards Association.
(C) The provisions of this section also apply to members of county boards of education appointed or elected after July 1, 1996, in the same manner the provisions of this section apply to members of school district boards of trustees.
(D) The provisions of this section do not apply to a school board trustee or county board of education member who was serving in such office on July 1, 1996, and who is continuously reelected or reappointed to office thereafter.
(E) The State Department of Education shall reimburse a school district or county board of education conducting an orientation for a new board member as required by this section at the rate of eighty dollars per member, provided that the total reimbursements by the department in any one fiscal year must not exceed ten thousand dollars. If the total projected cost of these reimbursements for any year as determined by the department exceeds ten thousand dollars, the eighty dollar reimbursement per new member must be reduced proportionately. If funds are not available for these reimbursements, the board member orientation is not required but may be conducted at the option of a school district or county board of education. The State Board of Education shall establish guidelines and procedures for these reimbursements."
SECTION 6. The 1976 Code is amended by adding:
"Section 59-19-91. (A) In addition to the specific duties prescribed by general and local law, a local board of school trustees shall have the primary responsibility of developing, selecting, and approving policies for the operation and administration of the local school district. All decisions which relate to the operation and administration of the school district shall be made by the district superintendent employed by the local board of trustees. However, the board has the final authority for the operation of the schools of the district.
(B) All powers of the school district and the determination of all matters of policy shall be vested in the school board of trustees, each member to have one vote. In addition to any other provisions of law relating to its power and duties, the school board shall:
(1) employ a superintendent as the chief executive officer;
(2) establish other administrative departments and assign and distribute the work upon recommendation of and with the approval of the superintendent;
(3) adopt the budget of the school district;
(4) authorize the issuance of bonds by bond ordinance subject to restrictions and limitations as may be prescribed by law;
(5) have the power to inquire into the conduct of any office, department, or agency of the school district, make investigations as to school district affairs, and give the public information concerning them;
(6) adopt and modify attendance zones of schools within the school district;
(7) provide for an independent annual audit of the books and business affairs of the school district and for a general survey of school district business;
(8) adopt resolutions of any nature and kind not prohibited by law or the Constitution of the State or of the United States; and
(9) with the advice of the superintendent, appoint all committees, boards, and commissions relating to the affairs of the school district, except as otherwise provided by law;
(10) be responsible for policy-making action and the review of regulations established to put these policies into operation.
(C) The school board of trustees shall make its members, the district staff, and the public aware through its actions and policies that only the board acting as a whole has authority to take official action. No individual member has legal status to bind the board outside of its official meetings."
SECTION 7. The 1976 Code is amended by adding:
"Section 59-19-92. After the 1996 general election, it shall be unlawful for a school trustee to receive pay or compensation as an employee of a public school that is located in the same school district of which the person is a trustee."
SECTION 8. The 1976 Code is amended by adding:
"Section 59-24-65. (A)(1) A school board of trustees shall hold its superintendent responsible for the proper and efficient administration of the schools. All other positions of hiring and termination shall be a personnel decision which shall be administered by the superintendent. The superintendent's personnel decisions shall be in accordance with policy developed and approved by the board to assure equitable hiring, promotion, and dismissal practices.
(2) The board shall fix the compensation of the superintendent. The superintendent shall be employed solely on the basis of his executive and administrative qualifications, need not be a resident of the school district or State at the time of his employment, and may reside outside the school district while in office only with the approval of the board.
(3) No school board member shall be employed as superintendent of the school district from which he was elected as trustee during the term for which he was elected.
(B) The board may require suitable surety bonds of the superintendent and other district employees conditioned on the faithful performance of their duties. The cost of the bonds shall be paid by the school district.
(C) The term of employment of the superintendent shall be at the pleasure of the board. The board, in its discretion, may employ the superintendent for a definite term.
(D)(1) By letter filed with the secretary of the board, the superintendent shall designate a qualified district administrative officer to exercise the powers and perform the duties of superintendent during his temporary absence or disability.
(2) In the event of the failure of the superintendent to make this designation, the board may appoint by resolution an officer of the district to perform the duties of the superintendent until he is able to resume his duties.
(3) During the absence or disability, the board may revoke the designation at any time and appoint another officer to the district to serve until the superintendent returns.
(E) The superintendent shall be the chief executive officer of the school district. He shall be responsible to the board for the proper administration of all affairs of the district and, subject to all other provisions of law relating to his duties, he shall:
(1) appoint and, when necessary for the good of the district, remove any appointive officer or employee of the district and fix the salaries of these officers and employees, except as otherwise provided by law and except as he may authorize the head of a department or office to appoint and remove subordinates in the department or office;
(2) prepare the budget annually, submit it to the board, and be responsible for its administration after adoption;
(3) prepare and submit to the board at the end of each fiscal year a complete annual report on the finances and administrative activities of the board for the preceding year and make other financial reports from time to time as may be required by the board or by law;
(4) keep the board advised of the financial condition and future needs of the district and make recommendations as may seem desirable; and
(5) perform other duties as may be prescribed by law or required of him by the board not inconsistent with the provisions of law."
SECTION 9. This act takes effect upon approval by the Governor.