Current Status Bill Number:4800 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960321 Primary Sponsor:Jaskwhich All Sponsors:Jaskwhich and Wright Drafted Document Number:bbm\10553sd.96 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Teacher education and evaluation programs
Body Date Action Description Com Leg Involved
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House 19960321 Introduced, read first time, 21 HEPW
referred to Committee
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TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION OF HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES SO AS TO FURTHER PROVIDE FOR THESE DUTIES AND RESPONSIBILITIES; TO AMEND SECTION 59-26-40 RELATING TO TEACHER CONTRACTS AND CERTIFICATION SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH PUBLIC SCHOOL TEACHERS SHALL BE EMPLOYED, GRANTED CONTRACTS, AND LICENSED; AND TO REPEAL SECTION 59-26-30 RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-26-20 of the 1976 Code, as amended by Act 282 of 1992, is further amended to read:
"Section 59-26-20. (A) The State Board of Education, through the State Department of Education, and the Commission on Higher Education shall:
(a) Develop and implement a plan for the continuous evaluation and upgrading of standards for program approval of undergraduate and graduate education training programs of colleges and universities in this State.
(b) Adopt policies and procedures which result in visiting teams with a balanced composition of teachers, administrators and higher education faculties.
(c) Establish program approval procedures which shall assure that all members of visiting teams to review and approve undergraduate and graduate education programs have attended training programs in program approval procedures within two years prior to service on such teams.
(d) Render advice and aid to departments and colleges of education concerning their curricula, program approval standards and results on the examinations provided for in this chapter.
(e) Adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students successfully complete the basic skills examination that is developed in compliance with this act before final admittance into the undergraduate teacher education program. These program approval standards shall include but not be limited to the following:
(1) A student may initially take the basic skills examination during his first or second year in college.
(2) Students may be allowed to take the examination no more than three times.
(3) If a student has not passed the examination, he may be conditionally admitted to a teacher education program. Such admittance shall not exceed one year. If he has not passed the examination within one year of the conditional admittance he shall not continue in the teacher education program.
Provided, that in addition to the above approval standards, beginning in 1984-85, additional and upgraded approval standards must be developed, in consultation with the Commission on Higher Education, and promulgated by the State Board of Education for these teacher education programs.
(f) Administer the basic skills examination provided for in this section two times per year.
(g) Report the results of the examination to the colleges, universities and student in such form that he will be provided specific information about his strengths and weaknesses and given consultation to assist in improving his performance.
(h) Adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students pursuing courses leading to teacher certification successfully complete one semester of student teaching and other field experiences and teacher development techniques directly related to practical classroom situations.
(i) Adopt program approval standards whereby each student teacher shall be evaluated at least three times by a representative of the college or university in which the practice teacher is enrolled. The evaluation instrument to be used shall be the instrument developed for this purpose in compliance with Section 59-26-30. All observers who use the evaluation instrument shall receive reliability training. The college or university in which the practice teacher is enrolled shall make available assistance, training and counseling to the student teacher to overcome the identified deficiencies.
(j) Cooperate with the special project and the Educator Improvement Task Force created by this chapter.
(k) The Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. The loan must be canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the loan must be canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The select committee shall review the loan program annually and report to the General Assembly.
(l) For special education in the area of vision, adopt program approval standards for initial certification and amend the approved program of specific course requirements for adding certification so that students receive appropriate training and can demonstrate competence in reading and writing braille.
(m) 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.
(n) 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.
(o) The Commission on Higher Education in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a Governor's Teaching Scholarship Loan Program to provide talented and qualified state residents loans not to exceed five thousand dollars a year to attend public or private colleges and universities for the purpose of becoming certified teachers employed in the public schools of this State. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest on the loan canceled if he becomes certified and teaches in the public schools of this State for at least five years. The loan is canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in a public school. However, beginning July 1, 1990, the loan is canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area as defined annually by the State Board of Education. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation or deferment of the loan on time, or noncompliance by a borrower with the purpose of the loan, the entire unpaid indebtedness plus interest is, at the option of the commission, immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program must be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose of making additional loans. Appropriations for loans and administrative costs must come from the Education Improvement Act of 1984 Fund, on the recommendation of the Commission on Higher Education to the State Treasurer, for use by the corporation. The select committee shall review this scholarship loan program annually and report its findings and recommendations to the General Assembly. For purposes of this item, a "talented and qualified state resident" includes freshmen students who graduate in the top ten percentile of their high school class, or who receive a combined verbal plus mathematics Scholastic Aptitude Test score of at least eleven hundred and enrolled students who have completed one year (two semesters or the equivalent) of collegiate work and who have earned a cumulative grade point average of at least 3.5 on a 4.0 scale. To remain eligible for the loan while in college, the student must maintain at least a 3.0 grade point average on a 4.0 scale.
(1) Develop or select examinations that measure basic skills in reading, writing, and mathematics that are suitable for determining whether students should be fully admitted into an undergraduate teacher education program. Colleges and universities shall select one or more of the examinations for admissions purposes and ensure that all students successfully complete the examinations before being fully admitted into a teacher education program. It is the intent of the General Assembly that the examinations be successfully completed before the beginning of the junior year. However, no student shall be allowed to participate in student teaching before passing the examinations. The examinations shall be designed so that results can be reported in a form that shall provide the colleges, universities, and student with specific information about his strengths and weaknesses. Procedures, test questions, and information from existing examinations shall be used to the maximum extent in the development of the examinations. The examinations shall be validated in accordance with current legal requirements. The passing scores on the examinations shall be set at a level that reflects the degrees of competency in the basic skills that, in the judgment of the State Board and the Commission on Higher Education, a prospective school teacher reasonably should be expected to achieve.
(2) Develop or select appropriate teacher licensing examinations which measure the knowledge and skills required for effective teaching. The examinations shall be validated in accordance with current legal requirements. The passing scores on the examinations shall be set at levels that reflect the degree of competency in teaching knowledge and skills that, in the judgment of the State Board and the Commission on Higher Education, a prospective school teacher reasonably should be expected to achieve.
(3) Report the results of the teacher licensing examinations to the student in such form that he shall be provided specific information about his strengths and weaknesses. Every effort shall be made to report the results of the examinations to the student in such form that he shall be provided specific information about his strengths and weaknesses.
(4) Report to each teacher training institution in the State the performance of the institution's graduates on the teacher licensing examinations. The report shall be in a form that shall assist the institution in further identifying strengths and weaknesses in its teacher training program.
(5) Develop and implement a plan for the continuous evaluation and upgrading of standards for program approval of undergraduate and graduate education training programs of colleges and universities in this State.
(6) Adopt program approval standards to assure that all colleges and universities in this State that offer teacher education programs require students to successfully complete the equivalent of at least one semester of student teaching, as well as other field experiences and teacher development techniques directly related to practical classroom situations.
(7) Adopt program approval standards whereby each student teacher shall be evaluated and assisted at least three times by a representative or representatives of the college or university in which the practice teacher is enrolled. The evaluation and assistance process shall be locally developed or selected to evaluate and assist student teachers based on the criteria for teaching effectiveness developed in accordance with this chapter. All college and university representatives who use the evaluation and assistance process shall receive appropriate training. The college or university in which the practice teacher is enrolled shall make available assistance, training, and counseling to the student teacher to overcome the identified deficiencies.
(8) Adopt program approval standards for special education in the area of vision, and amend the approved program of specific course requirements for adding licenses so that students receive appropriate training and can demonstrate competence in reading and writing braille.
(9) Adopt program approval standards so that programs in a college or university in this State which lead to licensure as administrative personnel, must include training in methods of making school improvement councils an active and effective force in improving schools.
(10) Render advice and aid to departments and colleges of education concerning their curricula, program approval standards, and results on the examinations provided for in this chapter.
(11) In consultation with the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming licensed teachers employed in the State in areas of critical need. Areas of critical need shall include both rural areas and licensure areas and shall be defined annually for that purpose by the State Board of Education. The recipient of a loan is entitled to have up to one hundred percent of the loan plus the interest canceled if he becomes licensed and teaches in an area of critical need. The loan must be canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in an area of critical need. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including interest due and accrued, at the option of the commission, must become immediately due and payable.
(B) The State Board of Education, through the State Department of Education shall:
(1) Develop or adopt a set of standards for teaching effectiveness which shall serve as a foundation for all processes used for evaluating, assisting, and developing student teachers, as well as teachers employed under provisional, annual, or continuing contracts.
(2) Establish procedures whereby course credits that may be applied to the relicensure requirements of all public school teachers are earned in courses or continuing education units that are relevant to the areas in which the teacher is licensed.
(3) Award a teaching license to any person who successfully completes the requirements of an approved teacher education program and the licensing examinations he is required to take for licensing purposes.
(4) Award a conditional teaching license to any person eligible to hold a teaching license who does not qualify for full licensure provided the person has earned a bachelor's degree from an accredited college or university with a major in a licensing area for which the board has determined there exists a critical shortage of teachers and the person has passed the appropriate teaching examination. The board may renew a conditional teaching license annually for a maximum of three years, if the holder of the license shows satisfactory progress toward completion of a teacher licensure program prescribed by the board. Satisfactory progress, in part, shall be such progress that the holder of a conditional license should complete the requirements for full licensure within three years of being conditionally licensed.
(5) A person issued a warrant or temporary teaching license before July 1, 1984, who teaches for a period of three years and is recommended for full licensure by his most recent employer is exempt from all practice teaching requirements."
SECTION 2. Section 59-26-40 of the 1976 Code is amended to read:
"Section 59-26-40. A person who receives a teaching certificate as provided in Section 59-26-30 may be employed by any school district under a nonrenewable provisional contract. All school districts shall comply with procedures and requirements promulgated by the Board of Education relating to aid, supervision, and evaluation of persons teaching under a provisional contract. All teachers working under a provisional contract must be paid at least the beginning salary on the state minimum salary schedule.
Each school district shall use the evaluation instrument developed in accordance with Section 59-26-30 to observe all provisional teachers at least three times. The results of the observations must be compiled to constitute an evaluation and must be provided to the teacher in writing. Each school district shall give provisional teachers appropriate advice and assistance to help remedy any deficiencies that are detected by the three required observations. The advice and assistance includes, but is not limited to, state procedures and programs developed in accordance with Section 59-26-30. Following this remediation, those teachers who do not initially perform at the level required by the evaluation instrument must be observed three more times and the results of the observations must be compiled to constitute a second evaluation.
At the end of a one-year provisional contract period, the evaluation must be reviewed by the school district to determine if the provisional teacher has performed at the level required by the evaluation instrument. If the evaluation indicates that the provisional teacher has performed in an adequate manner, the teacher is eligible for an annual contract. If the evaluation indicates that the provisional teacher is deficient in teaching ability, the school district may employ the teacher for an additional year under a provisional contract or the district may terminate his employment. If employment is terminated, another school district may employ him under a new one-year provisional contract. No person may be employed as a provisional teacher for more than two years. This paragraph does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During the one-year provisional contract period the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of Title 59 of the 1976 Code do not apply.
After successful completion of the one-year provisional period, a teacher who is fully certified may be employed by any school district under a one-year annual contract. The decision by the school district to continue a teacher's employment beyond an annual contract must be based on written evaluations conducted at least two times annually using an evaluation instrument that at least meets the criteria established by the State Board of Education for an acceptable instrument. Evaluators shall complete a program of reliability training. 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 of teachers on annual contracts as a guide to the establishment of staff development programs.
A teacher may be employed for a maximum of two years under annual contracts. This paragraph does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education.
The teacher failing to receive the annual or continuing contract must not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to reentry as a provisional or annual contract teacher, he must complete six units of credit for certificate renewal and six units of credit for remediation in areas of identified deficiencies. The teacher shall reenter at the contract level which he had attained before dismissal and continue toward the next contract level. The provisions of this paragraph granting an opportunity for reentry into the profession are available to a teacher once, and only once.
A person who receives a conditional teaching certificate as provided in Section 59-26-30 may be employed by a school district under a provisional contract or an annual contract in accordance with the provisions of this section. The holder of a conditional teaching certificate must be employed to teach at least a majority of his instructional time in the subject area for which he has received conditional certification.
After the successful completion of a provisional year and one annual contract, a teacher shall receive a continuing contract and have full procedural rights that currently exist under law relating to employment and dismissal. The provisions of Article 5, Chapter 25, of Title 59 of the 1976 Code and Article 3, Chapter 19, of Title 59 do not apply to teachers working under one-year annual contracts. Teachers working under a one-year annual contract who are not recommended for reemployment at the end of the year may have an informal hearing before the district superintendent. The superintendent shall schedule the hearing no sooner than seven nor later than thirty working days after he receives a request from the teacher for a hearing. At the hearing all of the evidence must be reviewed by the superintendent. The teacher may provide such information, testimony, or witnesses as the teacher considers necessary. The decision by the superintendent must be given in writing within twenty days of the hearing. The teacher may appeal the superintendent's decision to the school district board of trustees. Any appeal shall include a brief statement (1) of the questions to be presented to the board, and (2) wherein the teacher believes the superintendent to have erred in his judgment. Failure to file such an appeal with the board within ten days of the receipt of the superintendent's decision shall cause the decision of the superintendent to become final judgment in the matter. The board of trustees shall review all the materials presented at the earlier hearing and, after examining these materials, the board may or may not grant the request for a board hearing of the matter. Written notice of the board's decision on whether or not to grant the request must be rendered within thirty-five calendar days of the receipt of the request. If the board determines that hearing by the board is warranted, the teacher must be given written notice of the time and place of the hearing which must be set not sooner than seven nor later than fifteen days from the time of the board's determination to hear the matter. The decision of the board is final.
If a person has completed an approved teacher training program at a college or university outside this State and has no teaching experience, he must have the same status as a person who has completed such program at a college or university in this State. If a person has completed an approved teacher training program at a college or university in this State, has passed the examination he is required to take for certification purposes, and has one year of teaching experience, he may be employed by a school district as a provisional teacher. If a person has completed an approved teacher training program at a college or university outside this State, has passed the examination he is required to take for certification purposes, and has more than one year of teaching experience, he may be employed by a school district as one who has completed the one-year provisional period.
When a teacher has been awarded a continuing contract in one district of the State the continuing status is transferable to any other district in the State where the teacher is employed.
Teachers certified under the trades and industrial education certification process are exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university and a provisional contract period. The teachers may be employed by a school district for a maximum of five years under annual contracts prior to being employed under a continuing contract. Before being employed under a continuing contract these teachers shall pass the Basic Skills Examination developed in accordance with Section 59-26-30(b)(1) the state approved skill examination in their area which is currently required, the teaching examination developed in accordance with Section 59-26-30(b)(2), and successfully complete the performance evaluations as required for all teachers who are employed under provisional contracts. Certification renewal requirements for such teachers are those which are promulgated by the State Board of Education.
Prior to the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law-Enforcement Division for past convictions of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490.
(A) Any person employed as a public school teacher in this State must hold a valid South Carolina teaching license. Before the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law Enforcement Division for past convictions of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490. Based on years of experience and at the discretion of the school district, a teacher may be employed under one of three types of contracts, provisional, annual, or continuing. School districts shall annually report to the State Board of Education, through the State Department of Education, the employment decisions made regarding teachers employed under the three types of contracts.
(B) Teachers who have less than one year of teaching experience may be employed under a one-year nonrenewable provisional contract. A teacher may be under a provisional contract for only one year. Teachers employed after a date on which the teacher would not receive a full year of teaching experience may be employed under a locally designed contract or letter of agreement. The employment and dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25 of this title do not apply to teachers employed under provisional contracts. All provisional contract teachers must be provided with a formalized Induction Program, as required by the State Board of Education. Induction Programs must be designed or selected by the local district to provide teachers with comprehensive guidance and assistance throughout the school year, as well as to provide teachers with periodic feedback on their strengths and weaknesses relative to all standards for teaching effectiveness developed in accordance with this section. After a teacher completes the provisional contract year, the district may rehire the teacher on a one-year annual contract or terminate the teacher's employment. If the teacher is not rehired, he or she may pursue employment at the annual contract level in another district.
(C) Teachers employed on annual contracts must complete a summary evaluation, as required by the State Board of Education, designed or selected by the local district. The evaluation shall assess typical performance relative to all standards for teaching effectiveness developed in accordance with Section 59-26-20. At the end of an annual contract year, the decision to reemploy a teacher at the continuing contract level is at the discretion of the school district, based on the teacher's past performance and any other relevant criteria or factors established at the local level. The employment and dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25 of this title do not apply to teachers employed under annual contracts. The district may rehire the teacher on another annual contract, employ the teacher on a continuing contract, or terminate the teacher's employment. A school district may continue to employ a teacher on an annual contract until such time the district feels the teacher has met all local criteria for being employed at the continuing contract level. If the teacher is not rehired, he or she may pursue employment at the annual or continuing contract level in another school district.
(D) After completing a provisional contract year, as required for teachers with less than one year of teaching experience, and after completing at least one annual contract year, a teacher may be employed under a continuing contract at the discretion of the local school district. A teacher employed under a continuing contract shall have full procedural rights relating to employment and dismissal provided for under Article 3, Chapter 19, and Article 5, Chapter 25 of this title.
(E) Teachers licensed under the trades and industrial education licensing process are exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university. However, before being employed under a continuing contract, these teachers shall:
(1) pass the Basic Skills Examinations selected or developed in accordance with Section 59-26-20(A)(1);
(2) pass the state approved licensing examinations selected or developed in accordance with Section 59-26-20(A)(2);
(3) complete a provisional contract year and Induction Program;
(4) successfully complete the performance evaluations as required for all teachers who are employed under annual contracts; and
(5) meet all other criteria established by the local district. Licensure renewal requirements for such teachers are those which are promulgated by the State Board of Education.
(F) A teacher employed under a continuing contract shall be evaluated at least once every three years, as required by the State Board of Education, with a process designed or selected by the local district to assess teacher performance relative to the standards for teaching effectiveness developed in accordance with this section.
A teacher's status as a continuing contract teacher is only applicable to the school district in which the teacher is employed. If a teacher seeks employment in another school district, the teacher forfeits his or her continuing contract status and, at the discretion of the next district to employ the teacher, the teacher may be employed under an annual or continuing contract.
(G) A school district employing a teacher from another state who has less than one year of teaching experience may be employed under a provisional contract. A teacher from another state who has one or more years of teaching experience may be employed under an annual or continuing contract, at the discretion of the local school district.
(H) Provisions of this section do not preclude the employment of a teacher under an emergency license in extraordinary circumstances if the employment is approved by the State Board of Education."
SECTION 3. Section 59-26-30 of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor.