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COMMITTEE REPORT
May 28, 2002
H. 4421
S. Printed 5/28/02--S. [SEC 5/29/02 1:16 PM]
Read the first time March 26, 2002.
To whom was referred a Bill (H. 4421) to amend Section 59-18-1580, Code of Laws of South Carolina, 1976, relating to designation of a school district as unsatisfactory pursuant to the Education Accountability Act, 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 adding an appropriately numbered SECTION to read:
/ SECTION ____. There is created a task force to examine whether or not the activities under the jurisdiction of the South Carolina High School League should come under the jurisdiction of the State Superintendent of Education or whether or not the High School League and its jurisdiction should remain as presently organized and constituted.
The task force shall be composed of nine members as follows:
(1) South Carolina High School League Executive Director or his designee;
(2) South Carolina School Boards Association Executive Director or his designee;
(3) South Carolina Association of School Administrators Executive Director or his designee;
(4) two members of the House of Representatives appointed by the Speaker of the House, one of whom shall be the Chairman of the Education and Public Works Committee or his designee, and one member appointed from the House at large;
(5) two members of the Senate appointed by the President Pro Tempore of the Senate, one of whom shall be the Chairman of the Education Committee or his designee, and one member from the Senate at large;
(6) the State Superintendent of Education or the superintendent's designee; and
(7) the President of the South Carolina High School Coaches Associates or his designee.
The task force shall be chaired by the State Superintendent of Education or the superintendent's designee. The task force shall convene no later than June 30, 2002, and may elect any other officers, as it considers necessary. The task force shall issue its report to the House Education and Public Works Committee and the Senate Education Committee no later than January 15, 2003.
Task force members shall receive the usual mileage, subsistence, and per diem provided by law for members of state boards, commissions, and committees while on official business of the task force. Upon issuance of its report, the task force shall be abolished. /
Renumber sections to conform.
Amend title to conform.
WARREN K. GIESE for Committee.
TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-18-1580 of the 1976 Code, as added by Act 400 of 1998, is amended to read:
"Section 59-18-1580. (A) If recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board of Education, or if student performance has not made the expected progress and the school district is designated as unsatisfactory, the district superintendent and members of the board of trustees must shall appear before the State Board of Education to outline the reasons why a state of emergency should must not be declared in the district.
(B) The state superintendent, with the approval of the State Board of Education, is granted authority to do any of the following:
(1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education to include establishing and conducting a training program for the district board of trustees and the district superintendent to focus on roles and actions in support of increases in student achievement;
(2) arbitrate personnel matters between the district board and district superintendent when the State Board of Education is informed that the district board is considering dismissal of the superintendent, and the parties agree to arbitration;
(3) recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the state superintendent may furnish an interim replacement until the vacancy is filled by the district board of trustees or until an election is held as provided by law to fill the vacancy if the superintendent who is replaced is elected to such office. District boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts;
(3)(4) declare a state of emergency in the school district and assume management of the school district.
(C) The district board of trustees may appoint at least two nonvoting members to the board from a pool nominated by the Education Oversight Committee and the State Department of Education. The appointed members shall have demonstrated high levels of knowledge, commitment, and public service, must be recruited and trained for service as appointed board members by the Education Oversight Committee and the State Department of Education, and shall represent the interests of the State Board of Education on the district board. Compensation for the nonvoting members must be paid by the State Board of Education in an amount equal to the compensation paid to the voting members of the district board."
SECTION 2. This act takes effect upon approval by the Governor.
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