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AMENDED
May 26, 1999
S. 727
S. Printed 5/26/99--H.
Read the first time April 22, 1999.
TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR A SYSTEM OF ALTERNATIVE SCHOOLS FOR SPECIFIED STUDENTS IN GRADES 6-12 FOR WHICH A SCHOOL DISTRICT SHALL RECEIVE CERTAIN FUNDING IF IT CHOOSES TO ESTABLISH, MAINTAIN, AND OPERATE AN ALTERNATIVE SCHOOL EITHER INDIVIDUALLY OR THROUGH A COOPERATIVE AGREEMENT WITH OTHER DISTRICTS, AND TO REPEAL SECTION 59-18-1900 RELATING TO COMPETITIVE GRANTS TO FUND ALTERNATIVE SCHOOLS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-1300. The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is therefore the intent of this article to authorize district school boards throughout the State to establish alternative school programs. These programs shall be designed to meet the needs of students who have a history of disruptive behavior in school or who have committed a serious offense that warrants out-of-school suspension or expulsion from school according to the student conduct policies and behavior codes approved by the school board of trustees. It is further the intent of this article that cooperative agreements may be developed among school districts in order to implement innovative exemplary programs.
Section 59-63-1310. For the purposes of this article:
(1) 'Disruptive behavior' means behavior that interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide. It also means behavior that results in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom or severely threatens the general welfare of students or others with whom the student comes into contact.
(2) 'Serious offense' means behavior which includes, but is not limited to, violence, possession of weapons or controlled substances, or harassment or verbal abuse of school personnel or other students.
Section 59-63-1320. Beginning with the school year 1999-2000, the governing boards of all school districts shall establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs at a site separate from other schools unless operated at a time when those school are not in session or in another building on campus which would provide complete separation from other students. These programs shall be provided for, but not limited to, the following categories of students in grades 6-12:
(1) any student who has committed a serious offense which warrants suspension or expulsion from school according to the student conduct policies and behavior codes approved by the school board of trustees;
(2) any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the school district, parent, legal guardian or custodian of student due to habitual exhibitions of disruptive behavior in violation of the student conduct policies and behavior codes approved by the school board of trustees;
(3) any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the school district, parent, legal guardian or custodian of the student due to interference with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide;
(4) any student referred to such alternative school program by the dispositive order of a family court judge, with the consent of the local board of trustees.
Before a student may be placed in an alternative school program, a determination must be made by the local board that the written and distributed disciplinary policy of the district has been followed. Districts must establish clear guidelines and procedures for the placement of students into an alternative school program and at a minimum they shall prescribe due process procedures for disciplinary actions.
When students are being considered for placement in an alternative school program, districts must consider the requirements of the Federal Individuals with Disabilities Education Act (IDEA).
If a student placed in an alternative school program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, information concerning the student's placement in an alternative school program. Upon review of the information, the district in which the student enrolls may continue the alternative education program placement or may allow the student to attend regular classes without completing the period of the placement.
Section 59-63-1325. Nothing in this chapter shall abrogate, usurp, or diminish the authority of any public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct, including but not limited to expulsion, and nothing in this chapter shall require that any student be assigned to such an alternative school. These decisions shall rest solely in the discretion of the district and school board, regardless of the offense, record of the child, or other information presented from any source.
Section 59-63-1340. Within the requirements of Section 59-1-440, alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting. Programs must develop a mission statement and shall focus on the educational and behavioral needs of the students to include individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic standards to include plans for utilization of available technology, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and a time line for meeting the academic and conduct standards set.
The educational program for an alternative school must include the objectives of the adopted academic achievement standards in the core academic areas to ensure that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and to ensure that credit earned by students participating in the alternative school program can be transferred to either the sending public school or another public school in the State; provided, nothing herein shall prohibit school districts and/or the South Carolina Department of Education from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able to successfully complete the requirements for a diploma.
Alternative school programs are authorized to use corporeal punishment as a disciplinary method. The school and its employees are not liable under the South Carolina Tort Claims Act for using corporeal punishment unless the punishment is performed in a grossly negligent manner.
Section 59-63-1350. Each school district shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population. Each school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.
Section 59-63-1360. A school district shall determine what, if any, transportation shall be provided to students attending an alternative school in accordance with written district guidelines.
Section 59-63-1370. A local school district shall allocate to an alternative school program the same per student expenditure to include federal, state, and local funds that would be allocated to the student's school if the student were attending the student's regularly assigned school. This shall include any appropriate special education funding.
Specific alternative school program funds shall be provided by the General Assembly in the annual general appropriations act at an EFA weighting of 1.49 in fiscal year 1999-2000, and 1.74 in fiscal year 2000-2001 and thereafter. Funds for the alternative school program shall be distributed through the EFA formula provided for in Section 59-20-40. These funds shall be used for the establishment, maintenance, and operation of alternative schools programs. Funds also may be used to provide for staff development needs pursuant to Section 59-63-1350.
Section 59-63-1380. The State Board of Education shall promulgate regulations for establishment, maintenance, and operation of alternative school programs to include clear procedures for annual alternative school program review and evaluation of its success. The regulations shall require the minimum amount of paperwork and reporting necessary to comply with this article.
Upon request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration best practices."
SECTION 2. This act takes effect upon approval by the Governor.
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