Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 1, 2025

 

S. 77

 

Introduced by Senators Hembree, Grooms and Zell

 

S. Printed 5/1/25--H.

Read the first time February 25, 2025

 

________

 

The committee on House Education and Public Works

To whom was referred a Bill (S. 77) to amend the South Carolina Code of Laws by adding Section 59-19-85 so as to promote public access to school board meetings by requiring school boards to adopt and, etc., respectfully

Report:

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, SECTION 1, by striking Section 59-19-85(D)(4) and inserting:

       (4) A public school governing body may not adopt or follow a livestream policy that prevents or impedes in-person participation by the public except as may be reasonable and necessary for the orderly transaction of its business.

Renumber sections to conform.

Amend title to conform.

 

SHANNON ERICKSON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires each public school governing body, including the governing bodies of charter schools and special schools, to make reasonable efforts to ensure the entirety of its regularly scheduled or special called meetings of its full governing body are open and accessible to the public and also available by means of live video and audio electronic access, or livestream access. Lawful executive sessions are excluded from this provision. The bill also specifies that if a governing body cannot provide or restore livestream transmission during the meeting, it must make a clear audio and video recording of the meeting available on its website within two business days after the meeting.

 

The State Board of Education must adopt a model livestream meeting policy to comply with the provisions of the bill. The policy must include certain criteria, including penalties for policy violations or noncompliance. The governing body of each public school, charter school, and special school must adopt a local policy within three months after adoption of the policy by the State Board of Education. Within thirty days after adoption of a local policy or revision to the policy, a governing body must submit a copy of the policy or revision to the State Superintendent of Education for approval by the State Board of Education. The provisions of this bill must be implemented by July 1, 2025.

 

S.C. Department of Education.  SCDE indicates that any expenses to adopt a model livestream meeting policy for school districts can be managed with existing appropriations.  Therefore, this bill will have an expenditure impact on SCDE.

 

State Agency Schools. The Governor's School for Agriculture at John de la Howe, the Governor's School for the Arts and Humanities, the Wil Lou Gray Opportunity School, and the School for the Deaf and Blind anticipate that any expenses to implement the provisions of the bill can be managed with existing appropriations. The Governor's School for Science and Mathematics indicates that it currently livestreams board meetings. Therefore, this bill is not expected to have an expenditure impact on state agency schools.

 

State Revenue

This bill requires each public school governing body, including the governing bodies of charter schools and special schools, to make reasonable efforts to ensure the entirety of its regularly scheduled or special called meetings of its full governing body are open and accessible to the public and also available by means of live video and audio electronic access, or livestream access. Penalties for policy violations or non-compliance may not exceed 1 percent of state funds to the district, with escalating tiers based on frequency, duration, and severity. Based on data in the Revenue Per Pupil Report by School District from RFA, 1 percent of projected state funds to the regular and charter districts ranges from approximately $70,800 to $6,380,200 for FY 2024-25.

 

The revenue impact on the state agency schools for violations or noncompliance of the livestream meeting policy is undetermined as it is unknown how many districts will not comply with the provisions of the bill. Additionally, the amount of state funds to be withheld will vary by school.

 

Local Expenditure

This bill requires each public school governing body, including the governing bodies of charter schools and special schools, to make reasonable efforts to ensure its meetings are open and accessible to the public and also available means of live electronic access, or livestream transmission.

 

The overall expenditure impact of this bill on local school districts will vary. SCDE previously surveyed the regular school districts and the charter districts on similar legislation and received responses from forty-one districts. Of the responding districts, twenty-three indicated that the bill would have no expenditure impact since they currently livestream board meetings. One district indicated that the bill may require overtime from existing staff but could not quantify the cost. The remaining seventeen responding districts indicated that expenses would increase by a range of $3,000 to $100,000 per district for equipment, onsite support, and overtime for staff. Additionally, the requirements of the model livestream policy to be adopted by the State Board of Education may affect these costs if they are more expensive.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-19-85 SO AS TO PROMOTE PUBLIC ACCESS TO SCHOOL BOARD MEETINGS BY REQUIRING SCHOOL BOARDS TO ADOPT AND IMPLEMENT POLICIES THAT PROVIDE ELECTRONIC TRANSMISSION OF SUCH MEETINGS AND TO PROVIDE RELATED REQUIREMENTS OF THE STATE BOARD OF EDUCATION; AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT MUST BE IMPLEMENTED BY JULY 1, 2025.

 

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

 

SECTION 1.  Chapter 19, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-19-85.  (A) Each public school governing body, including the governing bodies of charter schools and special schools, must make reasonable efforts to ensure the entirety of all meetings subject to the provisions of the South Carolina Freedom of Information Act are open and accessible to the public and also available by means of live video and audio electronic access, hereafter referred to as livestream access, except during a lawful executive session.

    (B) If a governing body cannot provide such livestream access to the public despite making reasonable efforts to restore livestream access during the meeting, it must make a clear audio and video recording of the meeting in its entirety available on its website as soon as practicable and in no more than seven days after the meeting.

    (C) The State Board of Education shall adopt, and revise as necessary, a model livestream meeting policy suitable for governing bodies of public schools, including charter and special schools, to comply with provisions in this section. The policy must include, at a minimum:

       (1) resources, recommendations, and best practices facilitating requirements for all portions of livestreamed meetings to be visible and audible in real time and subsequently posted on applicable websites no more than two business days of the meeting;

       (2) suggested approaches for developing and implementing ability and expanding or improving existing livestream capacity;

       (3) publicizing availability of livestreamed meetings;

       (4) allowances for executive sessions;

       (5) penalties for policy violations or noncompliance not to exceed one percent of state funds to the district, charter school, or special school, with escalating tiers based on frequency, duration, and severity; and

       (6) the process for allowing a governing body with evidence of limited or no broadband access to request approval from the State Board of Education for up to an additional twelve months to comply with provisions in this section.

    (D)(1) Each public school governing body, including the governing bodies of charter schools and special schools, shall adopt a local policy applicable to its meetings within three months after adoption of the model policy by the State Board of Education. A local policy must include, at a minimum, the State Board of Education model policy.

       (2) If the State Board of Education adopts a revision to the model policy, then the public school governing body shall adopt and incorporate the revision into its local policy within three months after the adoption of the revision by the State Board of Education.

       (3) A public school governing body only may adopt or revise its local policy at a regularly scheduled meeting, which must be successfully livestreamed.

       (4) A public school governing body may not adopt or follow a livestream policy that prevents or impedes in-person participation by the public except as may be reasonable and necessary for the orderly transaction of its business.

       (5) Within thirty days after adoption of a local policy or revision to the policy, a public school governing body shall submit a copy of the policy or revision to the State Superintendent of Education for State Board of Education approval.

    (E) Funding by the State will be provided to those school districts without streaming capabilities as of the beginning of the 2024-2025 school year.

 

SECTION 2.  The provisions of this act must be implemented by January 1, 2026.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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