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COMMITTEE REPORT
January 30, 2002
H. 4054
S. Printed 1/30/02--H.
Read the first time May 2, 2001.
To whom was referred a Bill (H. 4054) to amend Section 59-25-115, Code of Laws of South Carolina, 1976, relating to an applicant for initial education certification being required to undergo a state fingerprint review, etc., respectfully
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 Section 59-25-115 of the 1976 Code, as contained in SECTION 1 and inserting:
/Section 59-25-115. All persons applying for initial certification to become certified education personnel in this State shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. All persons enrolled in a teacher education program, prior to beginning full-time clinical teaching experience in this State, must undergo a state criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints by the Federal Bureau of Investigation.
Individuals applying for initial teacher certification must have undergone a criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints by the Federal Bureau of Investigation within eighteen months of applying for teacher certification.
The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual applying for initial certification. /
Renumber sections to conform.
Amend totals and title to conform.
RONALD P. TOWNSEND for Committee.
EXPLANATION OF IMPACT:
State Department of Education (SDE)
The department currently processes approximately 4,200 applicants annually under the provisions of Section 59-25-115. Processing involves receipt and review of applications, correspondence, checking SLED and FBI information, problem solving and follow-up. SDE estimates any additional workload associated with implementation would be minimal and can be absorbed within existing resources.
State Law Enforcement Division (SLED)
SLED indicates implementation would have no impact on the agency since enactment would merely alter the time at which such background checks would be conducted for teachers. Any additional increase in background checks that may occur during the first year of implementation is anticipated to be minimal and can be absorbed by the agency.
SPECIAL NOTES:
The Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.
The italicized portion of this impact indicates the items that have been revised. For this impact, the revised constitutes information that was not available in the original impact.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN SUCH AN APPLICANT MUST UNDERGO THIS REVIEW, THE MANNER OF THIS REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-25-115 of the 1976 Code, as added by Act 387 of 1990, is amended to read:
"Section 59-25-115. All persons applying for initial certification to become certified education personnel in this State shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. All persons enrolled in a teacher education program, prior to beginning full-time clinical teaching experience in this State, must undergo a state fingerprint review to be conducted by the South Carolina Law Enforcement Division and a review by the Federal Bureau of Investigation to determine any criminal history.
Individuals applying for initial teacher certification must have undergone a fingerprint review conducted by the South Carolina Law Enforcement Division and a criminal history review conducted by the Federal Bureau of Investigation within eighteen months of applying for teacher certification.
The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual applying for initial certification."
SECTION 2. This act takes effect upon approval by the Governor.
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