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RECALLED
May 5, 1999
H. 4000
Introduced by Reps. Hamilton, Wilkins, Townsend, Altman, Bales, Battle, Barrett, Beck, G. Brown, H. Brown, Canty, Carnell, Clyburn, Cooper, Cotty, Dantzler, Davenport, Easterday, Emory, Gilham, Gourdine, Harrell, Hayes, J. Hines, M. Hines, Hinson, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Maddox, Martin, Mason, McCraw, McGee, Miller, Parks, Phillips, Rodgers, Sandifer, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Vaughn and Young-Brickell
S. Printed 5/5/99--H.
Read the first time April 27, 1999.
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 75 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999" WHICH AUTHORIZES THE STATE DEPARTMENT OF EDUCATION TO GRANT WAIVERS TO SCHOOLS AND SCHOOL DISTRICTS FROM SPECIFIED STATE STATUTORY AND REGULATORY EDUCATIONAL REQUIREMENTS UNDER CERTAIN CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-75-10. This chapter may be cited as the 'Education Flexibility Partnership Act of 1999'.
Section 59-75-20. The General Assembly makes the following findings:
(1) school districts differ substantially in demographics, in school governance, and in school finance and funding. The administrative and funding mechanisms that help schools in one district improve may not prove successful in other districts.
(2) certain requirements of state education statutes or regulations may impede local efforts to reform and improve education.
(3) by granting waivers of certain statutory and regulatory requirements, state government can remove impediments for local school districts in implementing educational reforms and raising the achievement levels of all children.
(4) local school districts are closer to local school systems, implement educational reforms with state funds, and are responsible for maintaining accountability for local activities consistent with state standards and assessment systems. Therefore, local school districts are often in the best position to align waivers of state requirements with local initiatives.
(5) expansion of waiver authority will allow for the waiver of statutory and regulatory requirements that impede implementation of local educational improvement plans, or that unnecessarily burden program administration, while maintaining the intent and purposes of affected programs, and maintaining such fundamental requirements as those relating to educational equity and accountability.
(6) to achieve the state goals for the education of children in this State, the focus must be on results in raising the achievement of all students, not process.
Section 59-75-30. The General Assembly declares that through the waivers authorized by this chapter local school districts and schools in order to address their unique community needs and improve student performance should be given the flexibility to:
(1) design class size reduction programs,
(2) develop dropout prevention programs,
(3) develop after school programs,
(4) develop programs to reduce social promotion, and establish local school accountability procedures,
(5) develop other programs that make the district or school more efficient or effective.
Section 59-75-40. (A) The State Department of Education may carry out an education flexibility program by waiving statutory and regulatory educational requirements applicable to local school districts and schools in the manner authorized by this chapter.
(B) The State Department of Education by regulation shall develop and adopt a state educational flexibility plan as follows:
(1) a description of the process the State Department of Education shall use to evaluate applications from local school districts or schools requesting waivers of state statutory or regulatory education requirements as described in item (2).
(2) a detailed description of the state statutory and regulatory requirements relating to education that the State Department of Education, will consider waiving.
(3) a description of how the educational flexibility plan is consistent with and will assist in implementing the state educational reform objectives.
(4) a description of how the department will evaluate the performance of students in the schools and local school districts affected by the waivers.
(C) The department may approve a waiver application if:
(1) the department determines that such application demonstrates substantial promise of assisting the district and schools within the district in carrying out comprehensive educational reform;
(2) the plan ensures school accountability for the activities and goals described in such plan; and
(3) a monitoring system is in place for evaluating the results of such waivers.
Section 59-75-50. Each local school district or school requesting a waiver of state statutory or regulatory requirements under this chapter shall submit an application to the department at such time, in such manner and containing such information as the department may reasonably require. Each application shall:
(1) indicate each statutory or regulatory requirement that will be waived;
(2) describe the purposes and overall expected results of waiving each requirement;
(3) describe for each school year specific, measurable, and educational goals for each school affected by the proposed waiver;
(4) explain why the waiver will assist the local school district or school in reaching such goals.
Section 59-75-60. (A) The department shall evaluate an application submitted under this chapter in accordance with the state's educational flexibility plan described in Section 59-75-40.
(B) The department shall not approve an application for a waiver unless:
(1) the local school district or school requesting the waiver has developed a reform plan;
(2) the waiver will assist the local school district or school in reaching its educational goals, particularly goals with respect to school and student performance.
(C) The department shall annually monitor the activities of local school districts and schools receiving waivers under this chapter and shall submit an annual report regarding such monitoring to the General Assembly and the Governor.
(D) The department shall annually review the performance of any local school district or school granted a waiver of state statutory or regulatory education requirements and shall terminate any waiver granted to the local school district or school if the department determines, after notice and opportunity for hearing, that the local school district or school's performance with respect to meeting the accountability requirements herein and the goals described herein has been inadequate to justify continuation of the waiver.
(E) The department shall not approve a waiver application for a period exceeding five years, except that the department may extend this period if the department determines that a waiver has been effective in enabling local school districts or schools to carry out their local reform plans, to continue to meet the accountability requirements described herein and to improve student performance.
Section 59-75-70. The State Department of Education may not waive any statutory or regulatory education requirements relating to:
(1) maintenance of effort;
(2) comparability of services;
(3) parental participation and involvement;
(4) the distribution of funds to local school districts;
(5) school attendance areas; and
(6) applicable constitutional requirements.
Section 59-75-80. Each local school district and school that is granted a waiver shall be eligible to continue the waiver under the terms and conditions of this chapter.
Section 59-75-90. In deciding whether to extend a waiver, the department shall review the progress of local school districts or schools to determine if the district or school has made progress toward achieving the desired results and goals described in the original waiver application.
Section 59-75-100. A notice of the department's decision to grant a waiver under this chapter including a description of the rationale the department used to approve the application shall be published in the State Register.
Section 59-75-110. The department, not later than one year after the effective date of this chapter and biennially thereafter, shall submit to the General Assembly and the Governor a report that describes:
(1) the state statutory and regulatory education requirements that have been waived by the department under this chapter;
(2) the effect or the waivers upon implementation of state and local educational reforms; and
(3) the performance of students affected by the waivers.
SECTION 2. This act takes effect upon approval by the Governor.
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