H 4718 Session 112 (1997-1998)
H 4718 General Bill, By Witherspoon, Bailey, Barfield, Barrett, Battle, Carnell,
Dantzler, Davenport, Easterday, Fleming, Hamilton, Harrell, Hawkins,
B.L. Jordan, M.H. Kinon, Law, Limehouse, Littlejohn, Loftis, McKay, Miller,
Meacham, Riser, Robinson, Rodgers, Stille, Townsend, Trotter, Vaughn, Walker and
Whatley
A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
EDUCATION, BY ADDING CHAPTER 151 SO AS TO FURTHER PROVIDE FOR THE MANNER IN
WHICH AND CONDITIONS UNDER WHICH TENURE AT STATE-SUPPORTED INSTITUTIONS OF
HIGHER LEARNING IN SOUTH CAROLINA SHALL BE GRANTED.
02/26/98 House Introduced and read first time HJ-7
02/26/98 House Referred to Committee on Education and Public
Works HJ-8
03/31/98 House Member(s) request name removed as sponsor:
Sandifer HJ-12
04/08/98 House Member(s) request name removed as sponsor: Leach HJ-27
A BILL
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING
CHAPTER 151 SO AS TO FURTHER PROVIDE FOR THE
MANNER IN WHICH AND CONDITIONS UNDER WHICH
TENURE AT STATE-SUPPORTED INSTITUTIONS OF HIGHER
LEARNING IN SOUTH CAROLINA SHALL BE GRANTED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 151
Faculty Tenure
Section 59-151-10. (A) The General Assembly finds that the
practice of granting tenure to members of the faculty of
state-supported colleges and universities is a long-established practice
that hampers the ability of these institutions to adjust to changing
conditions and needs.
(B) In the existing academic job market, the complete abolition of
tenure would place South Carolina institutions at an unacceptable
disadvantage in recruiting and hiring highly qualified persons for
their faculties.
(C) Tenure should be reserved for a core faculty with a long-term
commitment to the educational mission of particular state-supported
institutions and should be awarded only to those persons who have
demonstrated records of excellence in teaching such as are worthy of
being permanent members of the faculty.
(D) State-supported colleges and universities should have
flexibility in developing alternative arrangements for employing
faculty by contract where there is no implicit or explicit commitment
to persons employed under such contracts being eligible for tenure.
Section 59-151-20. Beginning in 2006, no member of the faculty
of any state-supported institution of higher education in South
Carolina shall be granted tenure unless that person shall have:
(1) a minimum of ten years of experience teaching at the college
or university level in the subject matter in which they hold a faculty
appointment;
(2) a documented record of excellence in teaching as evidenced by
evaluations of students, alumni, and colleagues.
Section 59-151-30. As of January 1, 2007, the total number of
tenured faculty at each state-supported institution of higher education
shall not exceed either one-third of the mean number of all full-time
teaching faculty for the most recent five years of that institution, or
one faculty member for each one hundred full-time equivalent
students of the mean enrollment of that institution for the most recent
five years, whichever is lesser.
Section 59-151-40. Each institution shall develop explicit policies
and procedures for awarding tenure and place written documentation
of those procedures on file with the Commission on Higher
Education by January 1, 2000. The university may incorporate into
its policies plans to integrate research and service activities congruent
with excellence in teaching outlined in Section 59-151-20.
Section 59-151-50. Any state-supported institution of higher
education may contract with persons to serve on the faculty,
providing that the terms of the contracts shall not exceed five years
and contracts may be renewable with an annual review and rolling
continuation or with incremental evaluation cycles selected by the
university.
Section 59-151-60. No person holding a contract appointment on
the faculty of a state-supported college or university shall acquire
tenure automatically as a result of years of service.
Section 59-151-70. Each institution shall develop such policies
for contract employment as are consistent with its mission, and such
policies shall be a matter of public record.
Section 59-151-80. All tenured faculty of state-supported
institutions of higher learning on the effective date of this chapter
shall continue to hold their tenured status. If on January 1, 2007, in
implementing the provisions of Section 59-151-30 an institution has
too many tenured faculty, the institution shall come within the
requirements of Section 59-151-30 through the process of attrition."
SECTION 2. This act takes effect upon approval by the Governor.
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