South Carolina General Assembly
113th Session, 1999-2000

Download This Version in Microsoft Word format

Bill 4719


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 13, 2000

H. 4719

Introduced by Rep. Townsend

S. Printed 4/13/00--H.

Read the first time March 1, 2000.

            

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

To whom was referred a Bill (H. 4719), to amend Section 59-1-420, as amended, Code of Laws of South Carolina, 1976, relating to the length of the school term, etc., respectfully

REPORT:

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 all after the enacting words and inserting:

/ SECTION 1. Section 59-1-420 of the 1976 Code is amended to read:

"Section 59-1-420. Notwithstanding any other provision of law, Beginning with school year 2000-2001, the statutory school term is one hundred ninety days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten days may, two days must be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and two days may be used in teacher-parent conferences with emphasis upon failing and underachieving students. Provided, further, that conferences may be held on Saturday at the direction of the local school board. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300 of the Education Accountability Act. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. The remaining five days may be used for teacher planning, academic plans, and parent conferences."

SECTION 2. The 1976 Code is amended by adding:

"Section 59-5-75. The State Board of Education shall review and make any necessary revisions to regulations to define the criteria for school districts to report out-of-field teaching for teachers who are not teaching one hundred percent of the time in their areas of certification or in a field in which the teachers have twelve or more academic hours from a regionally, state, or nationally accredited program, with special provisions made for phasing in middle level certification."

SECTION 3. The State Board of Education shall consider establishing immediately for individuals employed as principals the recertification requirement that they must complete in-depth training on ways to support and encourage teachers professionally. The curriculum for the training shall include methods for helping teachers develop professional growth plans, selecting opportunities for growth such as taking courses, serving on committees, providing appropriate positive and corrective feedback to teachers, and appropriately assigning teachers based on skill level, stage in career, and future goals. The Principal Executive Institute, New Principals' Academy, and the Leadership Academy at the State Department of Education shall consider identifying recertification opportunities for principals to meet the requirements outlined above as well as include training in the special needs of beginning teachers, the actions to assist them, and the actions to avoid.

SECTION 4. The 1976 Code is amended by adding:

"Section 59-5-85. The State Board of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the dimensions are consistent with nationally recognized performance-based accreditation standards and certification standards of the National Board for Professional Teaching Standards certification standards. National board certified teachers shall be included in this review. A report on the changes to the dimensions must be provided to the Education and Public Works Committee of the House of Representatives and the Education Committee of the Senate no later than September 1, 2001.

The Department of Education shall implement a pilot program to develop procedures and obtain information for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures, at least one district designated as impaired is to be included in the pilot if the district chooses. The development of the program is to begin no later than September 1, 2000. A report on the progress of the project and recommendations concerning its implementation is due to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives by March 1, 2001.

Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By July 1, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program."

SECTION 5. The 1976 Code is amended by adding:

"Section 59-5-95. The State Board of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall be a continuing body, shall include representatives of professional organizations, and shall:

(1) review the state's academic standards in the four core academic areas and current teaching courses;

(2) determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;

(3) establish syllabi to guide the development of high quality teacher preparation courses; and

(4) develop assessments to determine the strengths and weaknesses of the curriculum."

SECTION 6. The State Board of Education shall:

(1) establish requirements for initial certification for teaching in the middle grades by October 1, 2000, in consultation with the Middle Grades Task Force. In setting the requirements, the board shall consider standards for teacher preparation programs, elimination of the significant overlap in grades between elementary and middle level certification, and determine ways to phase in initial and add-on certification. In addition, the board shall establish a timeline and a staged phase-in of add-on certification for teachers currently teaching in the middle grades;

(2) immediately consider granting South Carolina certification to out-of-state teachers possessing middle grades certification based on a review of their teaching experience and background rather than requiring them to meet the requirements for elementary or high school certification;

(3) appoint a collegial panel of middle grades classroom teachers, principals, and teacher preparation faculty to recommend training standards and needs for middle grades preparation and professional development courses for middle grades principals. The panel shall consider, among other areas, the skills and knowledge needed to be a successful middle grades principal and the training needed to carry out the responsibility of supporting, evaluating, and rewarding good teaching;

(4) revisit and redefine the Defined Program, Grades 6-8, Regulation 43-232, and other appropriate regulations that establish the middle grades requirements. As a part of the review, the board shall consider reducing over time the pupil-teacher ratio maximums of 30 and 35 to 1 in academic courses to a maximum ratio of 24 to 1. The board also shall consider reducing over time the ratio of students to guidance counselors from 500 to 1 to 300 to 1 and establishing that the roles and responsibilities of the guidance counselor at the middle grades are to counsel and give academic and career guidance. Consideration also shall be given to requiring school districts to designate in each middle school a home-school liaison to work with individual families and with community groups to support and encourage the ties between school and home and community.

SECTION 7. Section 59-5-135(B) of the 1976 Code, as added by Part II, Section 46, Act 100 of 1999, is amended to read:

"(B) There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:

(1) review the best practices in the teaching of reading;

(2) provide teachers with professional development and support for implementing best practices in the teaching of reading; and

(3) award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices for the primary grades.

The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."

SECTION 8. The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.

SECTION 9. Section 59-26-20(j) of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"(j) 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 geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas'. 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. Should the area of critical need that the loan recipient is teaching in be reclassified during the time of cancellation, the cancellation shall continue as though the critical need area had not changed. Additionally, beginning with the 2000-2001 school year, a loan recipient who has not previously qualified for loan cancellation shall qualify if the recipient is teaching in an area newly designated as a critical needs area. Previous loan payments shall not be reimbursed.

Beginning July 1, 2000, the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, 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 The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, 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.

Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina.

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 Education Oversight Committee shall review the loan program annually and report to the General Assembly;"

SECTION 10. Section 9-1-1795(B) of the 1976 Code, as added by Act 100 of 1999, is amended to read:

"(B) For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, non-retired member is available for employment in the position and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before July 15 of each year. After approval is received from the Department of Education, school School districts must notify the State Board Department of Education of the engagement of a retired member as a teacher because no qualified nonretired member is available for employment in the position and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member."

SECTION 11. The 1976 Code is amended by adding:

"Section 59-26-85. (A) Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for National Board certification and NBPTS certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contract status and their recertification cycle will be consistent with National Board certification. Teachers receiving national certification from the NBPTS shall receive an increase in pay for the life of the certification. The pay increase shall be determined annually in the appropriations act. The established amount shall be added to the annual pay of the nationally certified teacher.

(B) The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven."

SECTION 12. The 1976 Code is amended by adding:

"Section 59-26-90. The State Department of Education shall establish a program for the State Teacher of the Year to include an honorarium of no less than twenty-five thousand dollars. In addition, the program is to recognize the four honor roll teachers of the year with awards of no less than ten thousand dollars each and award local district teachers of the year with honoraria of no less than one thousand dollars each."

SECTION 13. The 1976 Code is amended by adding:

"Section 59-26-100. The State Board of Education, acting though the Department of Education, shall establish a program whereby schools and school districts may be awarded funds to develop various types of incentives for those teachers who are trained and serve as mentors to new teachers as a part of the induction program established in Section 59-26-20. Among the incentives that may qualify are additional pay, release time, and additional assistance in the classroom. To qualify for these funds, the school or school district must meet the criteria established by the state board."

SECTION 14. The 1976 Code is amended by adding:

"Section 59-139-90. The school and district strategic plans required in Section 59-139-10 must include stated goals and objectives for parent involvement and methods used for data collection to support statewide evaluation of parent involvement efforts."

SECTION 15. The State Department of Education shall undertake a study of the training, responsibilities, and funding of para-professionals to better enable school districts and schools to organize teachers' work days so as to reduce teachers' noninstructional duties, such as breakfast, lunch, and bus duty, and provide teachers more time during the school day to plan for instruction and collaborate for improved curriculum delivery. The study must be provided to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives no later than August 15, 2000.

SECTION 16. The 1976 Code is amended by adding:

"Section 59-25-25. From funds appropriated by the General Assembly, school districts of the State shall offer a 'First-Year Teacher Bonus' to first-year teachers who successfully complete the induction year with an overall rating of 'competent' under the ADEPT Evaluation System and who sign an annual contract for the following school year. The first installment of the bonus shall be paid upon annual contract signing for the second year of teaching, and the final installment shall be paid upon signing a continuing contract to teach the third year. This bonus shall only be applicable to teachers who are paid at the zero years experience level on the State Minimum Salary Schedule. However, individuals who have previous experience as teacher assistants and who are beginning teachers may also qualify for this bonus."

SECTION 17. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend totals and title to conform.

RONALD P. TOWNSEND, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

See Below

EXPLANATION OF IMPACT:

State Department of Education (SDE)

Administration

Various sections of the bill place additional responsibilities on SDE. In order to implement the bill's requirements SDE estimates it would need one additional Administrative Specialist at $27,500 (including fringe benefits). Four Education Associates would be needed at $58,750 each (including fringe benefits) for each of the four academic areas of mathematics, English/language arts, science, and social studies. Further, SDE estimates it would need $100,000 in other operating funds to support these positions and to assemble collegial panels as required in Section 5 of the bill. These funds would also be used to implement a pilot program to develop procedures for including student achievement as a component of the ADEPT program as required in Section 4.

National Board for Professional Teaching Standards - Increase Pay & Loans

The bill provides that teachers receiving certification from the National Board for Professional Teaching Standards (NBPTS) shall receive an increase in pay for the life of the certification. The pay increase shall be determined annually in the appropriation act and the amount per teacher is not specified in the bill. Therefore the fiscal impact is discretionary on the part of the General Assembly. SDE estimates 400 teachers will have their NBPTS certification by 2001. Assuming an increase in compensation of $6,000 per teacher, the fiscal impact can be estimated at $2,815,200 (including fringe benefits) the first year. Although the number of certified teachers in subsequent years is unknown, it is estimated that as many as 1,000 teachers could have their NBPTS certification in 2002; and as many as 1,500 teachers in 2003.

SDE anticipates 1,600 teachers will apply for the NBPTS certification in 2001. The application fee is $2,300. Therefore, assuming each of these teachers attain certification, the fiscal impact associated with this initiative can be estimated at $3,680,000 the first year. Although the number of applicants in succeeding years is unknown, SDE anticipates there will be as many as 3,200 applicants in 2002 and thereafter.

Monetary Awards to Outstanding Teachers

Section 12 of the bill states that SDE shall establish an honorarium of no less than $25,000 for the State Teacher of the Year. The four Honor Roll teachers shall receive no less than $10,000, and each of the State's eighty-six local school district teachers of the year shall receive no less than $1,000 each. Therefore, total impact associated with this section would be $151,000.

First Year Teacher Bonus

Under Section 16 first year teachers who successfully complete the induction year with an overall rating of 'competent' under the ADEPT evaluation system and who sign an annual contract shall be entitled to a bonus. The bonus shall be paid from funds appropriated by the General Assembly and the bonus amount per teacher is not specified in the Bill. Therefore, the fiscal impact is discretionary on the part of the General Assembly. However, based on year 2000 ADEPT evaluation results, SDE estimates approximately 3,000 teacher would qualify for the bonus each year. Assuming the first installment for signing a contract for the second year would be $1,250, first fiscal impact can be estimated at $3,750,000. Assuming the final installment for signing a continuing contract is also $1,250 the fiscal impact of the second and succeeding years is estimated at $7,500,000 since another class of first year teachers would be included.

Commission on Higher Education (CHE)

CHE indicates implementation of this bill would have no impact on that agency.

Summary

Since this legislation does not specify a funding source, the impact on the General Fund of the State is at the discretion of the General Assembly. A projected cost of implementation schedule is as follows:

Projected Cost of Implementation Schedule

Cost Component FY 2000-01 FY 2001-02 FY 2002-03

Administration-SDE 362,500 362,500 362,500

National Board

Certified Teachers-

Discretionary 2,815,200 7,038,000 10,557,000

NBPTS Certification

Loan 3,680,000 7,360,000 7,360,000

Teacher of the

Year Awards 151,000 151,000 151,000

First Year Teacher

Bonus-Discretionary 3,750,000 7,500,000 7,500,000

Total Program Cost $10,758,700 $ 22,411,500 $25,930,500

Incremental Cost

Over Previous Year $11,652,800 $3,519,000

LOCAL GOVERNMENT IMPACT:

The above estimates do not assume any cost to the local school districts for implementation.

SPECIAL NOTES:

The above estimates do not consider any additional compensation for teacher mentors (Section 13), funding for home school liaisons, nor for para-professionals who would be used to reduce the amount of time teachers are engaged in noninstructional duties. Any funding needed for these programs would be based on the outcome of studies conducted by SDE. In addition, the bill states that SDE shall consider reducing pupil-teacher ratios and guidance counselor ratios in the middle schools. Therefore, any impact associated with the requirement to consider these issues will be based on the outcome of SDE's findings and recommendations.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 59-1-420 of the 1976 Code, as last amended by Act 627 of 1990, is further amended to read:

"Section 59-1-420. Notwithstanding any other provision of law, Beginning with school year 2002-2003, the statutory school term is one hundred ninety ninety-five days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten fifteen days, ten days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Five days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than three of these days may be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and two days may be used in teacher-parent conferences with emphasis upon failing and underachieving students. Provided, further, that conferences may be held on Saturday at the direction of the local school board.

For school years 2000-2001 and 2001-2002, the statutory school term is one hundred ninety-three days and at least one hundred eighty days must be used for student instruction. Of the remaining thirteen days, eight days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Five days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than three of these days may be used for preparation of opening and closing of schools."

SECTION 2. The 1976 Code is amended by adding:

"Section 59-5-75. The State Board of Education shall review and make any necessary revisions to regulations to define the criteria for requesting an out-of-field permit so that a permit must be requested for any teacher who is not teaching one hundred percent of the time in the field of preparation."

SECTION 3. The State Board of Education shall consider establishing immediately for individuals employed as principals the recertification requirement that they must complete in-depth training on ways to support and encourage teachers professionally. The curriculum for the training shall include methods for helping teachers develop professional growth plans, selecting opportunities for growth such as taking courses, serving on committees, providing appropriate positive and corrective feedback to teachers, and appropriately assigning teachers based on skill level, stage in career, and future goals. The Principal Executive Institute, New Principals' Academy, and the Leadership Academy at the State Department of Education shall include training in the special needs of beginning teachers and the actions to assist them as well as the actions to avoid.

SECTION 4. The 1976 Code is amended by adding:

"Section 59-5-85. The State Board of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the dimensions are consistent with nationally recognized performance-based accreditation standards and certification standards of the National Board for Professional Teaching Standards certification standards. National board certified teachers shall be included in this review. A report on the changes to the dimensions must be provided to the Education and Public Works Committee of the House of Representatives and the Education Committee of the Senate no later than August 1, 2001.

The Department of Education shall implement a pilot program to develop procedures for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures. The development of the program is to begin no later than August 1, 2000. A report on the progress of the project is due to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives by February 1, 2001.

Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By May 31, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program."

SECTION 5. The 1976 Code is amended by adding:

"Section 59-5-95. The State Board of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall be a continuing body and shall include representatives of professional organizations and shall:

(1) review the state's academic standards in the four core academic areas and current teaching courses;

(2) determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;

(3) establish syllabi to guide the development of high quality teacher preparation courses; and

(4) develop assessments to determine the strengths and weaknesses of the curriculum."

SECTION 6. The State Board of Education shall:

(1) establish requirements for initial certification for teaching in the middle grades by June 30, 2000, in consultation with the Middle Grades Task Force. In setting the requirements, the board shall consider standards for teacher preparation programs, elimination of the significant overlap in grades between elementary and middle level certification, and determine ways to phase in initial and add-on certification. In addition, the board shall establish a timeline and a staged phase-in of add-on certification for teachers currently teaching in the middle grades;

(2) immediately consider granting South Carolina certification to out-of-state teachers possessing middle grades certification based on a review of their teaching experience and background rather than requiring them to meet the requirements for elementary or high school certification;

(3) appoint a collegial panel of middle grades classroom teachers, principals, and teacher preparation faculty to recommend training standards and needs for middle grades preparation and professional development courses for middle grades principals. The panel shall consider, among other areas, the skills and knowledge needed to be a successful middle grades principal and the training needed to carry out the responsibility of supporting, evaluating, and rewarding good teaching;

(4) revisit and redefine the Defined Program, Grades 6-8, Regulation 43-232, and other appropriate regulations that establish the middle grades requirements. As a part of the review, the board shall consider reducing over time the pupil-teacher ratio maximums of 30 and 35 to 1 in academic courses to a maximum ratio of 24 to 1. The board also shall consider reducing over time the ratio of students to guidance counselors from 500 to 1 to 300 to 1 and establishing that the roles and responsibilities of the guidance counselor at the middle grades are to counsel and give academic and career guidance. Consideration also shall be given to requiring school districts to designate in each middle school a home-school liaison to work with individual families and with community groups to support and encourage the ties between school and home and community.

SECTION 7. The 1976 Code is amended by adding:

"Section 59-5-105. The State Board of Education shall:

(1) establish criteria for competitive grants for districts to develop or implement programs found in research to work for students below grade level in the middle grades. Priority in funding shall be given to districts whose plans include working collaboratively with higher education;

(2) establish criteria for grants for middle grades teacher 'networks' to provide for the development of collegial study groups to enable teams of interested teachers to investigate and implement effective teaching strategies. These strategies shall include such areas as the teaching and learning of the standards in the four core academic areas. Priority in funding shall be given to networks that include higher education faculty."

SECTION 8. Section 59-5-135(B) of the 1976 Code, as added by Part II, Section 46, Act 100 of 1999, is amended to read:

"(B) There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:

(1) review the best practices in the teaching of reading;

(2) provide teachers with professional development and support for implementing best practices in the teaching of reading; and

(3) award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices for the primary grades; and

(4) award competitive grants to school districts for designing and implementing a comprehensive approach to improving reading in the middle grades based on best practice and for designing and implementing targeted assistance shown by research to help middle grade students to read at grade level.

The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."

SECTION 9. The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.

SECTION 10. The 1976 Code is amended by adding:

"Section 59-25-45. Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall qualify for state health and dental insurance. The Budget and Control Board is directed to amend its 'Plan of Benefits' regarding fringe benefits to conform to the provisions of this section. Teachers and employers shall each contribute toward the cost of these benefits with the employer paying only that portion of the employer's normal cost which is attributable to the time the teacher is working, and the teacher shall pay all remaining costs."

SECTION 11. Section 59-26-20(j) of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"(j) 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 geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. 'Critical geographical areas' shall be defined so as to coincide with those definitions used in the Federal Perkins Loan Program. 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. Beginning July 1, 2000, for individuals teaching in either an academic critical need area or in a geographic need area, the loan principal amount and interest can be canceled by fulfilling one complete year of teaching service for each year the loan was received, up to three thousand dollars a year. For individuals fulfilling their teaching service in both an academic critical need area and a geographic need area, the loan principal amount and interest can be canceled by teaching one year for each year the loan was received, or up to five thousand dollars a year. All loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina. Additional loans and work study opportunities to assist with college and living expenses shall be made available for talented and qualified state residents attending public or private colleges and universities in this State for the sole purpose and intent of changing careers in order to become certified teachers employed in the State in areas of critical need. These loan funds also may be used for the cost of participation in the critical needs certification program pursuant to Section 59-26-30(A)(8). 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 Education Oversight Committee shall review the loan program annually and report to the General Assembly;"

SECTION 12. The 1976 Code is amended by adding:

"Section 59-26-85. (A) Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for National Board certification and NBPTS certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contact status and their recertification cycle will be consistent with National Board certification. Teachers receiving national certification from the NBPTS shall receive an increase in pay for the life of the certification. The pay increase shall be determined annually in the appropriation act; however it is the intent of the General Assembly that the increase shall be at least seven thousand five hundred dollars. The established amount shall be added to the annual pay of the nationally certified teacher.

(B) The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the National Board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven."

SECTION 13. The 1976 Code is amended by adding:

"Section 59-26-90. The State Department of Education shall establish a program for the State Teacher of the Year to include an honorarium of no less than twenty-five thousand dollars. In addition, the program is to recognize the four Honor Roll teachers of the year with awards of no less than ten thousand dollars each and award local district teachers of the year with honoraria of no less than one thousand dollars each."

SECTION 14. The 1976 Code is amended by adding:

"Section 59-26-100. The State Board of Education, acting though the Department of Education, shall establish a program whereby schools and school districts may be awarded funds to develop various types of incentives for those teachers who are trained and serve as mentors to new teachers as a part of the induction program established in Section 59-26-20. Among the incentives that may qualify are additional pay, release time, and additional assistance in the classroom. To qualify for these funds, the school or school district must meet the criteria established by the State Board."

SECTION 15. The 1976 Code is amended by adding:

"Section 59-139-90. The school and district strategic plans required in Section 59-139-10 must include the stated goals and objectives for parent involvement and the methods used for data collection to support statewide evaluation of parent involvement efforts."

SECTION 16. The State Department of Education shall undertake a study of the training, responsibilities, and funding of para-professionals to better enable school districts and schools to organize teachers' work days so as to reduce teachers' noninstructional duties, such as breakfast, lunch, and bus duty, and provide teachers more time during the school day to plan for instruction and collaborate for improved curriculum delivery. The study must be provided to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives no later than July 30, 2000.

SECTION 17. This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Friday, June 26, 2009 at 3:06 P.M.