The Committee on Education and Public Works proposes the following amendment (LC-3196.WAB0001H):
Amend the bill, as and if amended, by deleting SECTION 2.
Amend the bill further, SECTION 4, by striking Section 59-25-47(A) and inserting:
(A) A local school district board of trustees or, in the case of a charter school, the governing body of a charter school, is authorized to adopt a policy consistent with the school district or, in the case of a charter school, the school budget, providing that all certified and noncertified public school teachers identified in the Professional Certified Staff listing, certified special school classroom teachers, certified media specialistsschool librarians, certified guidanceschool counselors, and career specialists who are employed by a school district or a charter school who earn, but do not use sick and annual leave in excess of ninety days, may be eligible to receive payment at the end of each fiscal year for these earned days in excess of ninety days for each excess day at a district's or charter school's established rate of substitute pay for their individual job classification, or another amount, subject to approval by the local school board, or, in the case of a charter school, the governing body of the charter school. This provision applies only to sick leave and annual leave in excess of ninety days that is accrued after July 1, 2018.Amend the bill further, SECTION 5, by striking Section 59-25-410(C) and inserting:
(B)(C) On or before August fifteenthNo later than fourteen calendar days prior tobefore students are scheduled to return to school at the start of the school year, the superintendent, principal, where applicable, or supervisor shall notify the teacher of his tentative assignment for the ensuing school year. Once assigned to a school, the teacher shall not be reassigned to work at another location in the district unless the superintendent can demonstrate the need for reassignment due to extreme and unavoidable circumstances. Such reassignment must be approved by a majority vote of the board of trustees, and the teacher must be afforded written notice at least five school days in advance of the reassignment.Amend the bill further, by deleting SECTION 6.
Amend the bill further, SECTION 8, by striking Section 59-25-530 and inserting:
Section 59-25-530. Any teachereducator who fails to comply with the provisions of his contract without the written consent of the school board shall be deemed guilty of unprofessional conductor as provided in Section 59-25-420 is considered to be in breach of contract. A breach of contract resulting from the execution of an employment contract with another board within the State without the consent of the board first employing the teachereducator makes void any subsequent contract with any other school district in South Carolina for the same employment period. Upon the formal complaint of the school board, substantiated by conclusive evidence, the State board shallmay suspend or revoke the teacher'seducator's certificate, for a period not to exceed one calendar year. State education agencies in other states with reciprocal certification agreements shall be notified of the revocation of the certificate. The State Board shall not hear a complaint from a school board pursuant to this section unless it is received within thirtysixty days of the breach of contract. The period for educator certificate suspension due to breach of contract must begin on the date such contract is breached with the district and run for a period of time deemed appropriate by the State Board of Education, not to exceed six months from the date of breach. During this suspension period, the educator may not be signed to an employment contract by any public school board in South Carolina. The department shall provide notification of the suspension to other state educator licensing authorities.Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 59-26-40(J) of the S.C. Code is amended to read:(J) After successfully completing an induction contract period, not to exceed three years, and an annual contract period, a teacher shall become eligible for employment at the continuing contract level. This contract status is transferable to any district in this State. A continuing contract teacher shall have full procedural rights that currently exist under law relating to employment and dismissal. A teacher employed under a continuing contract must be evaluated on a continuous basis and complete annual collegial professional development as required under Section 59-1-425(A). At the discretion of the local district and based on an individual teacher's needs and past performance, the evaluation may be formal or informal. Formal evaluations must be conducted with a process developed or adopted by the local district in accordance with State Board of Education regulations. The formal process also must include an individualized professional growth plan established by the school or district. Professional growth plans must be supportive of district strategic plans and school renewal plans. Informal evaluations which should be conducted for accomplished teachers who have consistently performed at levels required by state standards, must be conducted with a goals-based process in accordance with State Board of Education regulations. The professional development goals must be established by the teacher in consultation with a building administrator and must be supportive of district strategic plans and school renewal plans. The employing district must award credits toward renewal of a professional teaching certificate for a teacher employed at the continuing contract level who successfully completes the annual professional development activities required under this section and Section 59-1-425(A), consistent with State Board of Education regulations for the renewal of a professional certificate.
SECTION X. Section 59-26-45 of the S.C. Code is amended to read:
Section 59-26-45. (A) A retired educator certificate is a renewablelifetime certificate established in regulation by the State Board of Education that allows a retired South Carolina educator to be eligible to maintain certification for the purpose of substitutingreturning to employment with a school district on a temporary or full-time basis. A person is initially eligible for a South Carolina retired educator certificate if he:
(1) held a valid South Carolina renewable, professional educator certificate at the time of retirement;
(2) is either a:
(i) retired member of the South Carolina Retirement System; or
(ii) current or former participant in the State Optional Retirement Program who would have met the eligibility requirements for retirement under the South Carolina Retirement System had he participated in that system rather than the State Optional Retirement Program;
(3) does not hold another valid South Carolina educator certificate and has never held a valid South Carolina educator certificate that has been suspended, revoked, or voluntarily surrendered; and
(4) meets all other qualifications to serve as a substitutecertified educator as specified in state statute, regulation, and guidelines.
(B) An individual meeting the eligibility requirements and desirous of a retired educator certificate, including a renewal certificate, must submit the request in the manner specified in regulation and guidelines.
(1) A retired educator certificate approved and issued is valid for five years from the date of each issuance.
(2) A certificate may be renewed and, if approved, is valid for five years from the date of each issuance.Once issued, a retired educator certificate may be maintained upon written request from a retired educator in good standing to the department at the end of a five-year period.
(3) Department guidelines shall include the timeline, forms, and a process for submitting a request to maintain a retired educator certificate.and approving or denying certificate or renewal requests. (4) Renewal of a retired educator certificate does not require completion of professional learning or renewal credit.
(4) Renewal of a retired educator certificate does not require completion of professional learning or renewal credit.
(C) Any new or renewed certificate is invalidated upon issuance of any other South Carolina educator certificate.
(D) An educator who works under the retired certificate must work under the agreement and rate of pay established for this purpose by the hiring district. Section 59-25-150 shall apply to any retired educator certificate.
(E) A retired educator certificate is not subject to requirements for professional certificate renewal established by regulations of the State Board of Education.
(E)(F) Nothing in this section exempts an educator from taking part in professional development that is required by a local school district.
(F)(G) The State Board of Education shall develop regulations for, and the department shall establish guidelines and procedures for, the implementation of this section.
Renumber sections to conform.
Amend title to conform.