South Carolina General Assembly
116th Session, 2005-2006

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S. 1227

STATUS INFORMATION

General Bill
Sponsors: Senator Short
Document Path: l:\council\bills\ggs\22462sj06.doc

Introduced in the Senate on March 8, 2006
Currently residing in the Senate Committee on Finance

Summary: School district board of trustees

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    3/8/2006  Senate  Introduced and read first time SJ-11
    3/8/2006  Senate  Referred to Committee on Finance SJ-11

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/8/2006

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

A BILL

TO AMEND SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LOCAL SCHOOL DISTRICT'S MAINTENANCE OF EFFORT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES SHALL MAINTAIN AT LEAST THE LEVEL OF PER PUPIL FINANCIAL EFFORT FOR NONCAPITAL PROGRAMS AS THAT OF THE PREVIOUS YEAR ADJUSTED BY THE PERCENTAGE INCREASE OR DECREASE AS PROVIDED BY THE GENERAL ASSEMBLY FOR THE BASE STUDENT COST, AND TO DEFINE CERTAIN TERMS.

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

SECTION    1.    Section 59-21-1030 of the 1976 Code is amended to read:

"Section 59-21-1030.    (A)    Except as provided in this section, school district boards of trustees or any other appropriate governing body of a school district shall maintain at least the level of per pupil financial effort established as provided in fiscal year 1983-84. Beginning in 1985-86, local financial effort for noncapital programs must be adjusted for an inflation factor estimated by the Division of Research and Statistical Services. A school district board of trustees or another appropriate governing body of a school district shall maintain at least the level of per pupil financial effort for noncapital programs as that of the previous fiscal year adjusted by no less than the percentage increase provided by the General Assembly for the base student cost. When the base student cost is funded at an amount less than the previous year or is reduced due to midyear budget reductions, school districts may reduce their level of financial effort by a like percentage.

Thereafter, school district boards of trustees or other governing bodies of school districts shall maintain at least the level of financial effort per pupil for noncapital programs as in the prior year adjusted for an inflation factor estimated by the Division of Research and Statistical Services. The county auditor shall establish a millage rate so that the level of financial effort per pupil for noncapital programs adjusted for an inflation factor estimated by the Division of Research and Statistical Services is maintained as a minimum effort. No A school district which that has not complied with this section may not receive funds from the South Carolina Education Improvement Act of 1984 Fund. School district boards of trustees may apply for a waiver to the State Board of Education from the requirements of this section if:

(1)    the district has experienced a loss in revenue because of reduction in assessed valuation of property or has had a significant increase in one hundred thirty-five average daily membership;

(2)    the district has experienced insignificant growth in revenue collections from the previous year;

(3)    the district has demonstrated for one year that it has achieved operating efficiencies and all education requirements are being met;

(4)    a midyear revenue shortfall results in a reduction of funds appropriated in accordance with Chapter 20 of Title 59 (The Education Finance Act). A decline in the measured academic achievement of the students must immediately cause the State Board of Education to void all waivers provided under this section and make the district ineligible to apply for any waivers under this section for two consecutive years. If the decline in student achievement occurs, the district shall revert to the minimum effort requirement, adjusted for the prior years inflation factor. Waiver (4) does not apply to funds needed to meet the Minimum Salary Schedule for teachers in South Carolina. A school district is eligible for an annual renewal of the waiver provided the district meets one of the above criteria and meets the minimum effort requirement of the previous year and at least the minimum required effort of the Education Finance Act.

(B)    For purposes of this section 'noncapital programs' means direct instructional programs as defined in the In$ite Financial Analysis Model for Education, including instruction, instructional support, and leadership, but excluding extracurricular or interscholastic activities and program management.

(C)    For purposes of this section 'level of financial effort per pupil' means the appropriated funds from the previous fiscal year divided by the estimated average daily membership for the previous year."

SECTION    2.    This act takes effect upon approval by the Governor and applies beginning with the 2006-07 school year.

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