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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1125 SO AS TO PROVIDE THAT A LOCAL SCHOOL DISTRICT IS EXEMPT FROM STATE STATUTES AND REGULATIONS PROMULGATED BY THE STATE BOARD UPON MEETING CERTAIN CONDITIONS, TO REQUIRE THE DISTRICT TO APPLY TO THE STATE BOARD FOR EXEMPTION FROM SPECIFIC STATUTES AND REGULATIONS, TO SPECIFY WHAT THE APPLICATION MUST INCLUDE, TO SPECIFY HOW THE APPLICATION MUST BE MADE, TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND PROMULGATE REGULATIONS REGARDING APPLICATION PROCEDURES, TO PROVIDE THAT A LOCAL SCHOOL DISTRICT THAT RECEIVES AN EXEMPTION MUST BE EVALUATED BY THE STATE BOARD AFTER THREE YEARS TO ENSURE THAT IT CONTINUES TO MEET THE NEEDS OF THE STUDENTS OF THE DISTRICT, AND TO PROVIDE FOR SUSPENSION OF TH EXEMPTION UPON CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 59-18-1110 AND 59-18-1120, BOTH RELATING TO EXEMPTION FROM REGULATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 11, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-1125. (A) A local school district board of trustees of this State is exempt from state statutes and regulations promulgated by the State Board of Education as provided in this section. A school district seeking exemption from specific statutes and regulations shall apply to the State Board of Education. The application must include the specific statute or regulation of which the district seeks exemption, the duration of the desired exemption, specific justification for the exemption, and an evaluation component designed to document the success of the exemption, including provisions for suspension of the exemption should the evaluation denote lack of success. Submission of the application must be made to the State Board of Education by the chair of the district board of trustees, the superintendent of the district, and the principals of the affected schools, as appropriate. An application submitted pursuant to the provisions of this section must be approved by the State Board of Education. The State Board of Education shall adopt rules and promulgate regulations regarding application procedures to include procedures for renewal and suspension of an exemption.
(B) A local school district that receives an exemption pursuant to subsection (A) shall submit evaluation documentation required in subsection (A) to be reviewed by the state board after three years of the exemption to ensure that the district continues to meet the needs of its students. Upon review, if the state board determines the continuation of the exemption does not meet the needs of the district, the state board shall notify the district of suspension of the exemption."
SECTION 2. Sections 59-18-1110 and 59-18-1120 of the 1976 Code are repealed.
SECTION 3. This act takes effect upon approval by the Governor.
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