SECTION 8
To Amend Section 12-35-550, Code of Laws of South Carolina, 1976,
as Amended, Relating to Sales and Use Taxes, So As To Exempt The
Gross Proceeds of Sale of Tangible Personal Property to the Federal
Government Not Including Gross Proceeds of Electricity and the
Transmission of the Voice or of Messages.
A. Section 12-35-550 of the 1976 Code, is amended by adding a new
item to read:
"( ) The gross proceeds of the sale of tangible personal property
to the Federal Government, not including gross proceeds subject to
the tax under Section 12-35-1140 and Section 12-35-1150 of the 1976
Code."
(B) This Section shall take effect July 1, 1984.
SECTION 9
To Enact the "South Carolina Educational Improvement Act of
1984"; to Amend the 1976 Code by Adding Section 12-35-515 and to
Amend Sections 12-35-580, as Amended, 12-35-610, and 12-35-1550,
Relating to the Sales and Use Tax, so as to Provide for an
Additional One Percent Sales and Use Tax on Certain Segments of the
Population, to Provide That the Proceeds of This Additional Tax
Shall be Deposited in a Separate and Distinct Fund From the State
General Fund, and to Provide for the Manner in Which the Proceeds
of This Additional Tax Shall be Collected and Expended; to Amend
Article 21, Chapter 7 of Title 12 of the 1976 Code by Adding
Section 12-7 2418 so as to Provide That Specified Resident
Individuals Filing State Income Tax Returns Are Entitled to Certain
Income Tax Credits on Their Returns, or a Refund From the State
General Fund to the Extent the Credit is Not Used as an Offset
Against Income Taxes, and to Provide for the Manner in Which This
Credit or Refund Shall be Applied for and Received and the Manner
in Which the Amount of This Credit May be Adjusted; to Amend the
1976 Code by Adding Sections 59-1-430, 59-1-440, 59-5-65,
59-19-340, 59-21-150, 59-21-600, Article 8 to Chapter 21 of Title
59, Chapter 24 to Title 59, Sections 59-29-55, 59-29-170,
59-33-100, 59-39-160, 59-39-170, 59-53-1950, 59-53-1960,
59-101-280, 59-103-130, and 59-103-140, so as to Prohibit Make-Up
Days on Saturday, to Provide an Instructional Day of Not Less Than
Six Hours for Secondary and Elementary Students and Limit Class
Interruptions, to Provide for the Powers and Responsibilities of
the State Board of Education, to Authorize the Board of Trustees in
Each School District to Establish Child Development Programs for
Children Who Will Attain the Age of Four On or Before November
First of the Applicable School Year, to Reimburse Teachers,
Principals, and Instructional Supervisors for Tuition at the
Public College Rate for a Three-Hour Course Every Two Years in
Their Specialties, to Provide for Adequate Educational Services for
Trainable Mentally Handicapped Pupils and Profoundly Mentally
Handicapped Pupils, to Establish a Teacher Incentive Program
Statewide During School Year 1986-87, to Provide Elementary and
Secondary School Principals be Assessed for Instructional
Leadership and Management Capabilities and to Develop a School
Principal Incentive Program, to Provide for the Examination of the
Current Status of the Teaching of South Carolina History to
Establish Criteria for the Adoption of Textbooks Which Incorporate
Black History and to develop and Locate Materials for Black History
Instruction, to Require Each Public School to Instruct Students in
Black History by the 1989-90 School Year and to Provide for the
Examination of Material for Grades 1-6 on the Relationship of
Agriculture and Other Industries to the State's Economy, to
Require, by August 15, 1987, Gifted and Talented Elementary and
Secondary Students be Provided Programs to Develop Their Unique
Talents, to Provide for Emotionally Handicapped Pupils, to Provide
That in Order to Participate in Interscholastic Activities Students
in Grades Nine Through Twelve Must Have Passed at Least Four
Courses With an Overall Passing Average in the Preceding Semester,
to Provide for the Secondary Schools to Emphasize Teaching as a
Career Opportunity, to Provide for Vocational Education, to Require
That Job Preparatory Programs to Continue After 1987-88 Must Have
Placed at Least Fifty Percent of Graduates for the Previous Three
Years in Their Training Area and to Provide Exceptions, to Provide
for the Publicly Supported Colleges and Universities to Emphasize
Teaching as a Career Opportunity and to Develop Tutoring Programs,
to Provide for the Commission on Higher Education to Adopt
Guidelines for Publicly Supported Colleges and Universities to Use
to Emphasize Teaching as a Career Opportunity and to Provide
Tutoring Programs, to Provide for Centers for Excellence in
Teaching Training Programs at Selected Public and Private Colleges
and Universities; to Amend Section 59-21-20, Relating to
Appropriations for State Aid for Salaries for the School Term, so
as to Provide for State Aid for a One Hundred Ninety Day Term; to
Amend Section 59-21-320, Relating to State Aid for Schools, School
Facilities, and Annual Grant for Financing Needed Capital
Improvements, 80 as to Delete Certain Language, to Provide That
After 1988-89 the School Building Funds Approved in the Education
Improvement Act Shall Be Used to Supplement the Building Funds
Provided From the General Fund, and to Provide That the Supplement
From the Education Improvement Act Shall Be Adjusted Annually and
Distributed on a Per Pupil Basis so That the Percentage of the
Education Improvement Act Fund Allocated Under the Education
Improvement Act Shall be the Same as the Percentage Allocated for
Such Purposes for Fiscal Year 1988-89; to Amend Section 59-35-10,
as Amended, Relating to Kindergartens, so as to Provide That All
Children in the Five-Year-Old Kindergarten Program Must Be Counted
in the Average Daily Membership of Any Public School District When
Public School Funds Are to Be Apportioned to the School Districts
and State Aid for the Program Must be Distributed Through the
Formula Provided in the Education Finance Act; to Amend Section
59-39-100, Relating to High School Diplomas, so as to Provide That
Twenty Units Are Required for a Student to Receive a High School
Diploma; to Amend Section 59-63-20, as Amended, Relating to Age
Requirements to Attend Public Schools, so as to Provide That Four
and Five Year Olds May Enter Public School If They Have
Substantially Initiated a School Program in Another State That Has
a Different Attendance Age Requirement From South Carolina; and to
Provide That Four-Year-Olds May Attend Optional Child Development
Programs; to Amend Section 59-63-50, Relating to Fingerprinting of
Pupils, so as to Require Each County to Provide Every School in the
County the Forms and Ink Pads Necessary to Record Each Pupil's
Fingerprints in Kindergarten and Grades One Through Twelve; to
Amend Section 59-65-10, as Amended, Relating to the Responsibility
of Parents or Guardians to Cause Their Children or Wards Who Are
Between the Ages of Six and Sixteen to Regularly Attend Public or
Private School or Kindergarten, so as to Reduce the Minimum Age to
Five Years of Age; to Provide a Procedure By a Parent or Guardian
Whose Child or Ward is Not Six Years of Age to Make a Written
Election for That Child or Ward Not to Attend Kindergarten; and to
Provide That Each School District Must Provide Transportation To
and From a Public School for All Pupils Enrolled in Public
Kindergarten Classes Who Request the Transportation; to Amend
Section 59-65-90, Relating to Pupil Attendance, as to Require That
Pupil Absences in Excess of Ten Days Must Be Acted On By the
District Board of Trustees; to Amend Act 163 of 1977 as Amended,
Relating to the South Carolina Education Finance Act of 1977, so as
to Include in the Cost Factors or Weightings Add-On Weights for
Compensatory and Remediation in Grades One Through Twelve; to
Provide for Students Needing Compensatory Instruction and
Remediation to be Counted Additionally Under the Twelfth Through
Fourteenth Classification; to Provide For a Pupil to be Counted
Once for Each Area in Calculating the District's Remedial Weighted
Pupil Units if the Pupil Does Not Meet Minimum Standards in
Reading, Mathematics, or Writing or is Not Ready for First Grade
and is Qualified Under State Department Regulations; to Provide for
the General Assembly to Determine an Appropriation Level and Number
of Weighted Pupil Units to be Funded Through Compensatory and
Remedial Weights; to Provide for the State Department to Promulgate
regulations to Implement a System to Match the Weighted Pupil Units
to Certain Pupils; to Allow the General Assembly to Appropriate
Funds for Block Grants for Basic Skills Remediation in Early
Childhood Development; to Provide for the General Assembly to
Provide the Local Required Support of the Foundation Program on the
Basis of the District's Taxpaying Ability; to Adjust the State
Minimum Salary Schedule to Stay at the Southeastern Average and to
Set Out Minimum Requirements After 1986 for Teachers to Receive the
Pay Adjustments and to Require Each School District Board of
Trustees to Prepare an Annual School Improvement Report, Establish
an Improvement Council at Each School in the District, to, Among
Other Duties, Provide Additional Accountability of Funds Expended
Under the Education Finance Act, and to Provide for an Appraisal of
the School Improvement Report; to Amend Act 631 of 1978, as
Amended, Relating to the Basic Skills Assessment Program, so as to
Provide for the Administering of the Eleventh Grade Test to Collect
Data to Continue Through the 1984-85 School Year Instead of Through
the 1986-87 School Year; to Provide for Tenth Grade Students to be
Administered an Exit Examination Beginning With School Year
1985-86, With Its Passage Being a Condition for the Receipt of a
Diploma During School Year 1989-90 and Thereafter; to Provide for
Four Opportunities to Take the Exit Examination Before Exiting the
School System at the End of the Twelfth Grade; to Provide for a
Certificate Indicating Credits Earned and Grades Completed to be
Awarded if the Examination Has Not Been Passed; to Provide for the
Establishment of Statewide Educational Objectives in Science for
Grades One Through Eight and Minimum Standards of Student
Achievement for Grades Three, Six, and Eight; and to Provide for
Tests to Measure Student Achievement in Science in Grades Three,
Six, and Eight; to Amend Act 187 of 1979, as Amended, Relating to
Teacher Certification, so as to Provide for the Development of a
Loan Program to be Administered by the Student Loan Corporation for
Talented and Qualified State Residents to be Provided Loans to
Attend Public or Private Colleges and Universities to Become
Teachers Employed in Areas of Critical Need; to Provide for
Conditional Teaching Certificates to be Awarded Under Certain
Conditions to Any Person Eligible to Hold a Teaching Certificate
Who Does Not Qualify for Full Certification; to Require the State
Board of Education in Consultation With the Commission on Higher
Education to Promulgate Upgraded Approval Standards for Teacher
Education Programs and to Require Additional Requirements for
Practice Teaching; to Amend Section 25, Part II, of Act 199 of
1979, Relating to the Requirements of School Districts to Provide
Transportation for Kindergarten Students and Inform Parents and
Guardians Who Have Children of Kindergarten Age of the Expanded
Availability of Kindergarten Classes, so as to Delete These
Provisions; to Amend Act 436 of 1982, Relating to the Length of the
School Term, so as to Increase the School Year to One Hundred
Ninety Days With at Least One Hundred Eighty Days for Student
Instruction; and to Repeal Section 59-1-380 of the 1976 Code,
Relating to the Authority of the State Board of Education to
Suspend Make-Up Days, Upon Request of Any School District, When the
Schools in That District Have Been Closed Because of Weather
Conditions or Extreme Circumstances.
DIVISION I
Section 1. This section of Part II of this appropriation act is
known and may be cited as the "South Carolina Education Improvement
Act of 1984".
DIVISION II
Subdivision A
Raising Student Performance by Increasing Academic Standards
SubPart 1
Increasing Academic Standards
Section 1. Section 59-39-100 of the 1976 Code is amended to read:
"Section 59-39-100. Diplomas issued to graduates of accredited
high schools within this State must be uniform in every respect and
particularly as to color, size, lettering, and marking. The number
of units required for a state high school diploma is twenty units
as prescribed by the State Board of Education. Beginning in the
1986-87 academic year, a minimum of 3 units must be earned in
mathematics and a minimum of 2 units must be earned in science.
One unit in computer science, if approved by the State Department
of Education for this purpose, may be counted toward the
mathematics requirement.
Students who earn one unit in science and six or more units in a
specific occupational service area will meet the science
requirements for a state high school diploma. Vocational programs
operating on a 3-2-1 structure may count prevocational education as
one of the six required units."
Section 2. The 1976 Code is amended by adding:
"Section 59-39-160. To participate in interscholastic activities,
students in grades nine through twelve must have passed at least
four academic courses, including each unit the student takes that
is required for graduation, with an overall passing average in the
preceding semester. Academic courses must be defined as those
courses of instruction for which credit toward high school
graduation is given. These may be required or approved electives.
All activities currently under the jurisdiction of the South
Carolina High School League shall remain in effect. The monitoring
of all other interscholastic activities is the responsibility of
the local boards of trustees. Those students diagnosed as
handicapped in accordance with the criteria established by the
State Board of Education and satisfying the requirements of their
Individual Education Plan (IEP) as required by Public Law 94-142
shall be permitted to participate in interscholastic activities.
Any local school board of trustees in its discretion is authorized
to impose more stringent standards than those contained in this
section for participation in interscholastic activities by students
in grades nine through twelve."
Section 3. Section 59-5-65 of the 1976 Code, added by the
provisions of this act, is amended by adding a new item at the end
to be appropriately numbered which shall read:
"( ) Promulgate regulations to ensure that all secondary schools,
with the exception of vocational schools and secondary schools
whose enrollment is entirely handicapped, offer a clearly defined
college preparatory program as specified by the State Board of
Education."
Section 4. The State Department of Education and all school
districts shall emphasize higher order problem solving skills in
curricula at all levels.
Section 5. The 1976 Code is amended by adding:
"Section 59-29-55. The State Board of Education shall examine the
current status of the teaching of South Carolina History. By the
1989-1990 school year, each public school of the State must
instruct students in the history of the black people as a regular
part of its history and social studies courses. The State Board of
Education shall establish regulations for the adoption of history
and social studies textbooks which incorporate black history and
shall, through the State Department of Education, assist the school
districts in developing and locating suitable printed materials and
other aids for instruction in black history. The State Board of
Education shall examine curricular material for grades 1-6 to
determine the level of emphasis on the relationship of agriculture
and other industries to the South Carolina economy."
Section 6. The provisions of Section 59-39-160 of the 1976 Code
as added by this SubPart 1 shall take effect at the beginning of
the second semester of the 1984-1985 school year.
SubPart 2
Strengthening Student Discipline and Attendance
Section 1. The 1976 Code is amended by adding:
"Section 59-5-65. The State Board of Education shall have the
power and responsibility to:
(1) Establish on or before August 15, 1985, regulations
prescribing minimum standards of conduct and behavior that must be
met by all pupils as a condition to the right of pupils to attend
the public schools of the State. The rules shall take into account
the necessity of proper conduct on the part of all pupils in order
that the welfare of the greatest possible number of pupils shall be
promoted notwithstanding that the rules may result in suspension or
expulsion of pupils, provided, however, that disciplinary
procedures shall be in compliance with Public Law 94-142.
(2) Promulgate on or before August 15, 1985, regulations
prescribing a uniform system of minimum enforcement by the various
school districts of the rules of conduct and behavior.
(3) Promulgate rules prescribing scholastic standards of
achievement. The rules shall take into account the necessity for
scholastic progress in order that the welfare of the greatest
possible number of pupils shall be promoted. School districts may
impose additional standards of conduct and may impose additional
penalties for the violation of such standards of behavior,
provided, however, that disciplinary procedures shall be in
compliance with Public Law 94-142;
(4) Establish on or before July 1, 1985, regulations prescribing
a uniform system of enforcement by the various school districts of
the state compulsory attendance laws and regulations promulgated
pursuant to Section 59-65-90."
Section 2. Section 59-65-90 of the 1976 Code is amended to read:
"Section 59-65-90. The State Board of Education shall establish
regulations defining lawful and unlawful absences beyond those
specifically named in this article and additional regulations as
are necessary for the orderly enrollment of pupils so as to provide
for uniform dates of entrance. These regulations shall require: (1)
that school officials shall immediately intervene to encourage the
student's future attendance when the student has three consecutive
unlawful absences or a total of five unlawful absences and (2) that
the district board of trustees or its designee shall promptly
approve or disapprove any student absence in excess of ten days. As
used in this section, 'intervene' means to identify the reasons for
the child's continued absence and to develop a plan in conjunction
with the student and his parent or guardian to improve his future
attendance.
Provided, However, That nothing within this section shall
interfere with the Board's authority to at any time refer a child
to a truancy prevention program or to the court pursuant to Section
59-65-50."
Section 3. Section 59-63-50 of the 1976 Code is amended to read:
"Section 59-63-50. Each county shall provide to every school in
the county the forms and ink pads necessary to record each pupil's
fingerprints in kindergarten and grades one through twelve. The
State Law Enforcement Division and all local law enforcement
agencies are instructed and authorized to assist local school
authorities in the fingerprinting of school children in
kindergarten and grades one through twelve when the parent of a
child requests in writing that his child be finger printed for
identification purposes for the protection of the child. The
fingerprints must be maintained as a permanent part of the student
records. They must be under the custody and control of the school
board, subject only to inspection by school officials, parents,
guardians, or persons permitted by order of the court. When a child
is no longer in regular attendance, the fingerprint identification
must be returned to the child if he is eighteen years of age or
older or to the child's parent or guardian if the child is under
eighteen years of age.
The implementation of this section is a local responsibility and
it must be implemented as the local school board determines
appropriate."
SubPart 3
Providing More Effective Use Classroom Learning Time
Section 1. The 1976 Code is amended by adding:
"Section 59-1-440. The instructional day for secondary students
must be at least six hours, excluding lunch. The school day for
elementary students must be at least six hours, including lunch.
Priority must be given to teaching and learning tasks. Class
interruptions must be limited only to emergencies."
Section 2. (A) Section 59-35-10 of the 1976 Code, as last amended
by Act 633 of 1978, is further amended to read:
"Section 59-35-10. The board of trustees of each school district
shall establish and provide kindergartens for children within its
jurisdiction. All children in the five-year-old kindergarten
program must be counted in the average daily membership of any
public school district when public school funds are to be
apportioned to the several school districts. State aid for the
five-year-old kindergarten Program must be distributed through the
formula provided for in the 'Education Finance Act' (Act 163 of
1977)-"
(B) Items (3) and (4) of Section 59-63-20 of the 1976 Code, as
last amended by Act 633 of 1978, are further amended to read:
"(3) Students may enter kindergarten in the public schools of
this State if they will attain the age of five on or before
November first of the applicable school year or have substantially
initiated a public school kindergarten program in another state
that has a different attendance age requirement from South
Carolina.
(4) Students may not enter the first grade in the public schools
of this State unless they will attain the age of six on or before
November first of the applicable school year or have substantially
initiated a first grade program in another state that has a
different attendance age requirement from South Carolina or have
attended a public school kindergarten program for one full school
year in another state that has a different attendance age
requirement from South Carolina."
(C) Section 59-65-10 of the 1976 Code, as last amended by Section
25, Part II, of Act 199 of 1979, is further amended to read:
"Section 59-65-10. (A) All parents or guardians shall cause their
children or wards who are in the age group of five to sixteen
years, inclusive, to regularly attend a public or private school or
kindergarten of this State which has been approved by the State
Board of Education or a member school of the South Carolina
Independent Schools' Association or some similar organization, or
a parochial, denominational, or church-related school, or other
programs which have been approved by the State Board of Education;
Provided, Further, That any parent or guardian whose child or ward
is not six years of age on or before the first day of November of
a particular school year may elect for their child or ward not to
attend kindergarten. For this purpose, the parent or guardian must
sign a written document making such election with the governing
body of the school district wherein the parent or guardian resides.
The form of this written document shall be prescribed by regulation
of the Department of Education. Upon such a written election being
executed, that child or ward may not be required to attend
kindergarten.
(B) Each school district shall provide transportation to and from
public school for all pupils enrolled in public kindergarten
classes who request the transportation. Regulations of the State
Board of Education governing the operation of school buses shall
apply."
(D) Section 25 of Part II of Act 199 of 1979 is amended by
deleting subsections (B) and (C).
(E) The 1976 Code is amended by adding:
"Section 59-19-340. The board of trustees of each school district
may establish and provide for the education of children who will
attain the age of four on or before November first of the
applicable school year in child development programs. The board of
trustees of school districts having programs serving three and
four-year-olds on the date of enactment of this section may
continue to serve three-year-old children."
Section 3. Section 59-63-20 of the 1976 Code, as amended by Act
633 of 1978, is further amended by adding:
"(6) Four-year-olds may attend optional child development
programs."
Section 4. Repeal Section 59-1-380 of the 1976 Code and further
amend the 1976 Code by adding:
"Section 59-1-430. Notwithstanding any other provisions of law to
the contrary, all school days missed because of snow or extreme
weather conditions must be made up. In meeting the requirements of
Act 436 of 1982, no makeup days for students may be scheduled on
Saturdays. Provided, However, That remedial instruction for grades
7 through 12 may be taught on Saturday at the direction of local
school board."
SubPart 4
Providing Programs of Excellence for Talented Students
Section 1. Each school district shall provide advanced placement
courses in all secondary schools of the district which enroll an
adequate number of academically talented students to support the
course. By August 15, 1984, the State Board of Education by
regulation shall specify what constitutes an advanced placement
course and an adequate number of students for these programs.
Students successfully completing the advanced placement
requirements shall receive advanced placement credit in
post-secondary public colleges in South Carolina in the manner
specified by the Commission on Higher Education in conjunction with
the State Board of Education.
Section 2. The 1976 Code is amended by adding:
"Section 59-29-170. Not later than August 15, 1987, all gifted
and talented students at the elementary and secondary levels must
be provided programs during the regular school year or during
summer school to develop their unique talents in the manner the
State Board of Education shall specify the select committee shall
study the implementation of this section and report its findings to
the General Assembly by July 1, 1986. Monies appropriated for
Gifted and Talented Programs under the Education Improvement Act of
1984 shall be allocated to the school districts of the state on the
basis that the number of such students served in each district
bears to the total of all such students in the state. By August 15,
1984, the State Board of Education shall promulgate regulations
establishing the criteria for student eligibility in Gifted and
Talented Programs."
SubPart 5
Providing More Relevant Vocational Training Programs
Section 1. (A) Section 59-5-65 of the 1976 Code, added by the
provisions of this act, is amended by adding a new item at the end
to be appropriately numbered which shall read:
"( ) Promulgate regulations to ensure that each school district
in its secondary school or vocational center shall establish
clearly defined vocational programs designed to provide meaningful
employment."
(B) The 1976 Code is amended by adding:
"Section 59-53-1950. The General Assembly shall provide funds in
the annual general appropriation act for the purchase of equipment
for vocational training pursuant to the Department of Education's
State Plan for vocational-technical education. The highest priority
in funding for vocational education must be given to job
preparatory, occupational proficiency courses in areas related to:
(a) current high technology trades, businesses, and industries;
(b) high labor market and high labor intensive demand;
(c) small business management; and
(d) new and emerging trades, industries, and businesses which
foster and enhance the economic development, stability, and
diversification of the State's economy."
(C) The 1976 Code is amended by adding:
"Section 59-53-1960. Commencing with 1987-88, to continue
existing job preparatory programs, other than vocational
agriculture, fifty percent of the graduates available for placement
must be placed during the prior three years in the area for which
training was provided. Each graduate of a job preparatory
vocational education program must be surveyed by his school
district ten months after graduation to determine job placement
status. The school districts shall make an annual report to the
State Board of Education of the findings of its survey. The State
Board of Education shall report the results of the district surveys
to the Governor, General Assembly, and the Advisory Council on
Vocational Technical Education. The State Board of Education may
waive the fifty percent requirement upon recommendation of the
school district, if the district can demonstrate that a program
responds to the employment needs of new or expanding businesses or
industries. Students must be advised prior to enrollment in a job
preparatory program of possible discontinuation of the program, if
placement data indicate possible discontinuation, and of the
employment outlook for graduates of the program. Students enrolling
in vocational programs which are not preparatory for employment
must be clearly advised of this fact by the school district."
Section 2. South Carolina's evolving economy, new conditions in
the workplace, and changing needs of employers combined with the
provisions of basic skills remedial programs, increased course
requirements, and modernization of equipment require a reassessment
of the State's efforts to prepare young people for employment. To
assist the General Assembly and the Governor in reviewing the
State's vocational education system for grades 9 through 12, the
South Carolina Advisory Council on Vocational and Technical
Education is directed to conduct an intensive study of how the
vocational education system can best prepare young people with
skills employers will require between the years 1990 and 2000.
This study shall provide the General Assembly with:
(1) data on and analysis of students' use of the vocational
education system, delineating among participation in courses,
between occupational and non-occupational courses of study, and
between students who participate in a complete sequence of courses
as opposed to those who take only one or two courses;
(2) recommendations for the creation of a new management
information system which will provide the General Assembly with
more timely, accurate, and useful information about student
participation in, completion of, and placement from various
vocational education programs, and the effects of students'
participation in these programs;
(3) a demographic and achievement profile of students who enroll
in, complete, and are placed from vocational education courses; (4)
a report of employers' expectations of and experiences with the
vocational education system, based on interviews with a
representative sample of employers in South Carolina;
(5) a report of students' perceptions of and experiences with the
vocational education system, based on interviews with a
representative sample of current and former public school students;
(6) recommendations for how the vocational education system can
best meet the training and employment needs of low achieving
students who do not seek post-secondary education;
(7) recommendations for how the programs of the vocational
education system can be better coordinated with other state
agencies concerned with education, training, and employment to best
serve young people who do not seek post-secondary education;
(8) report on South Carolina's labor needs between 1990 and 2000
which can be met by students who successfully complete programs
provided by the vocational education system.
The House Education and Public Works Committee and the Senate
Education Committee shall designate committee staff to serve as
liaisons with the staff of the South Carolina Advisory Council on
Vocational and Technical Education to provide advice about how the
study can be designed, implemented, and reported so as to be most
useful to the General Assembly. Components of the study must be
issued serially, as completed. The South Carolina Advisory Council
on Vocational and Technical Education is authorized to seek funding
from private sources to facilitate the study, and to subcontract
with appropriate public and private entities to conduct any of the
various components of the study. The study must be completed no
later than April, 1986.
SubPart 6
Providing Programs for Handicapped Students
Section 1. The 1976 Code is amended by adding
"Section 59-33-100. In addition to those services currently
provided to 'emotionally handicapped pupils' as those pupils are
defined in subsection (4) of Section 59-21-510, the State
Department of Education shall contract with the Continuum of Care
Policy Council to provide services approved by the State Board of
Education to enable 'emotionally handicapped pupils' to benefit
from special education." Section 2. The 1976 Code is amended by
adding:
"Section 59-21-600. Notwithstanding the provisions of Section
59-21-540, and in order to insure adequate educational services for
trainable mentally handicapped pupils and profoundly mentally
handicapped pupils in South Carolina school districts, the State
Board of Education, upon the recommendation of the select
committee, through the State Department of Education shall develop
a Regulation for distribution of funds appropriated by the General
Assembly for this purpose."
Subdivision B
Strengthening the Teaching and Testing of the Basic Skills
SubPart 1
Requiring Passing of an Exit Exam for Graduation
Section 1. Item (f) of Section 1 of Act 631 of 1978, as amended
by Act 154 of 1981, is further amended to read:
"(f) Beginning in the school year 1981-82 and continuing through
the school year 1984-85, administer the test specified in item (e)
of this section to all students in grade eleven for the purpose of
collecting baseline data. The Department of Education shall use the
baseline data for the purpose of program assessment and shall
provide assistance to those schools or districts in which the data
indicate that program adjustment or modification is most needed due
to inordinate numbers of children not passing the test. The State
Board of Education shall use the baseline data for the purpose of
determining the high school credentials to be awarded students not
meeting the minimum achievement scores. Beginning with the school
year 1985-86, the eleventh grade examination may be no longer
administered and the Board shall cause to be administered an exit
examination to all tenth grade students. Local school districts
shall establish remedial programs to assist those students who do
not pass the examination. Passage of this exit examination is a
condition for-the receipt of a state high school diploma for those
students who otherwise meet the requirements for the diploma during
the school year 1989-90 and thereafter. Additionally, during the
school year 1989-90 and thereafter individuals participating in
adult education programs must pass the exit examination as an
additional requirement for the receipt of a state high school
diploma. Failure to pass the examination obligates the student to
enroll in a remedial program. Students who do not pass the
examination in the tenth grade must retake the test in the eleventh
grade and may retake the test twice in the twelfth grade, thereby
providing students with four opportunities to pass the exit
examination. If an individual exits the school system at the end of
the twelfth grade without having passed the exit examination, he
shall be awarded an appropriate State certificate indicating the
number of credits earned and grades completed.
SubPart 2
Enacting a Promotion Policy
Section 1. (A) Section 59-5-65 of the 1976 Code, added by the
provisions of this act, is amended by adding an appropriately
numbered item to read:
"( ) By August 15, 1987, establish criteria for the promotion of
students to the next higher grade.
In grades 1, 2, 3, 6, and 8, a student's performance on the Basic
Skills Test of reading shall constitute twenty-five percent of the
assessment of his achievement in reading and his performance on the
Basic Skills Test of mathematics shall constitute twenty-five
percent of the assessment of his achievement in mathematics. The
State Board of Education shall specify other measures of student
performance in each of these subjects which shall constitute the
remaining seventy-five percent of the student's assessment.
Any student who fails to meet the criteria established by the
Board for promotion to the next higher grade must be retained in
his current grade or assigned to a remedial program in the summer
or in the next year.
Students assigned to the remedial program must meet the minimum
criteria established by the Board for his current grade at the
conclusion of the remedial program to be promoted to the next
higher grade. All handicapped students as defined by federal and
state statutes and regulations are subject to the provisions of
this section unless the student's individual education plan (IEP)
as required by Public Law 94-142 defines alternative goals and
promotion standards.
Nothing in this subitem shall prohibit the governing bodies of
the school districts of this State from establishing higher
standards for the promotion of students."
(B) The governing body of every school district of this State
shall implement a student promotion policy which at least meets the
minimum criteria established by the State Board of Education under
Section 59-5-65 of the 1976 Code.
SubPart 3
Improving the Basic Skills in All Grades
Section 1. Section 59-5-65 of the 1976 Code, added by the
provisions of this act, is amended by adding new items to be
appropriately numbered which shall read:
"( ) Develop and implement regulations providing at least
one-half voluntary day early childhood development programs for
four-year-old children who have predicted significant readiness
deficiencies. The school districts may contract with appropriate
groups and agencies to provide part or all of the programs. These
programs must be developed in consultation with the Interagency
Coordinating Council on Early Childhood Development and Education.
The Interagency Coordinating Council shall consult with the
Advisory Committee for Early Childhood Education in developing
proposals to submit for State Board of Education consideration. In
the event that a local advisory committee exists in a community to
coordinate early childhood education and development, school
districts must consult with the committee in planning and
developing services. The Governor shall initiate the development of
a state plan on early childhood development and education to assist
the State in providing appropriate services for preschool children.
This plan must be completed by July 1, 1985.
( ) Develop, with the recommendations of the Basic Skills
Advisory Commission, and implement regulations providing
compensatory and remedial instruction programs for students who
fail to meet the required minimum standards of achievement in the
basic skills of reading, writing, and mathematics and for first
grade readiness pursuant to the weightings provided in Section 4 of
Act 163 of 1977. The purpose of compensatory and remedial programs
shall be to (1) reduce the number of students who fail to achieve
the state standard for the Basic Skills Assessment Program and (2)
improve the academic performance of students who have scored below
the standard and who may not be able to achieve the state standard.
Efforts must be made to use existing personnel by including, but
not limited to, (a) modification of school year, (b) modification
of school day, and (c) increased utilization of summer schools. In
school districts with a high percentage of students identified as
'not ready' for first grade, funds provided for compensatory
programs may be used to extend the length of their preschool
program for identified four and five-year-olds if all other
students in other grades 1-6 who qualify for compensatory or
remedial instruction are being served.
Definition of Compensatory Education Student Compensatory
education students are those who enter school with severe
deficiencies in skills, knowledge, motivation, and other requisite
traits which are necessary for building successful school
experiences. These students have not formed the appropriate basis
for learning as a result of having inadequate language development
experiences, insufficient opportunities to experience success, and
inadequate developmental opportunities. Therefore, such students
can be expected to perform poorly, and will continue to perform
poorly, on tests such as the CSAB, BSAP, and CTBS unless
appropriate intervention is provided.
Definition of Compensatory Education Program. Compensatory
education programs are those which serve the most severe cases of
educational deprivation not classified as handicapped. These
programs serve students for a specific period of time on a daily
basis in relatively small group settings and are designed for
several years duration. However, student progress is periodically
evaluated to determine appropriate placement. Regular classroom
activities are adjusted significantly to accommodate the learning
needs of these special students.
For the purposes of this act, compensatory education programs
shall be applicable only to students in grades 1-6. First priority
for placement shall be students scoring at or below the 25th
percentile as determined from Comprehensive Tests of Basic Skills
(CTBS) or Basic Skills Assessment Program (BSAP) test scores in
reading and mathematics and who are recommended for such placement
by teachers. Students scoring above the 25th percentile shall be
placed in the program as funds permit.
Definition of Remedial Education Student. Remedial education
students are those who have not adequately mastered the skills and
concepts presented through previous instruction. As a result of
unlearned skills and concepts these students have developed gaps in
their learning which restrict or impede continuous progress toward
educational goals. Therefore, these students can be expected to
perform below state standard on BSAP tests and below grade level on
CTBS.
Definition of Remedial Education Program. Remedial education
programs are those which provide instruction especially designed to
reteach and reinforce specific basic skills in the areas of
reading, writing, and mathematics. These programs may be provided
to students through special instruction during the regular school
day, for intensive periods during the summer, in study hall, and
before or after school.
For the purposes of this act, remedial instruction programs shall
be applicable only to students in grades 2-12 scoring below state
standards on BSAP tests or its equivalent on CTBS and who are
recommended for such programs by teachers. The policy of the
remedial program shall be to give primary emphasis to those grades
which experience the greatest failure rate. As additional funds
become available for the remedial program, students in grades 7-12
scoring above the 25th percentile shall be included in the remedial
program with priority for funding given to middle school students.
School districts shall annually evaluate compensatory and
remedial programs as prescribed by State Board of Education
regulations. If the average test score gains of students enrolled
in a school's reading and mathematics compensatory education
program, which is funded under the provision of this act, does not
achieve at least 1.0 *NCE gain for two consecutive years the
program must undergo formal process evaluation. Further state
funding will be contingent upon an approved corrective action plan.
By November 1 of each year the Basic Skills Advisory Commission
and the State Board of Education shall report to the Select
Committee an analysis of test scores and data for the preceding
school year. The select committee shall then make annual
recommendations to the General Assembly for reallocation of
compensatory and remedial monies if in its discretion such
reallocation is deemed necessary."
Section 2. Subitem (c) of item (1) of Section 4 of Act 163 of
1977, as amended, is further amended to read:
"(c) Weightings, used to provide for relative cost differences,
between programs for different students are hereby established in
order that funds may be equitably distributed on the basis of pupil
needs. The criteria for qualifications for each special
classification shall be established by the State Board of Education
according to definitions established in this article and in
accordance with Sections 59-21-510, 59-35-10, 59-53-1860, and
59-53-1900 of the 1976 Code. Cost factors, enumerated herein, shall
be used to fund programs approved by the State Board of Education.
Pupil data received by the Department of Education shall be subject
to audit by the department. Cost factors or weightings are as
follows:
Pupil Classification Weightings
(1) Kindergarten pupils 1.30
(2) Primary pupils (grades 1 through 3) 1.24
(3) Elementary pupils (grades 4 through 8)
-base students 1.00
(4) High school pupils (grades 9 through 12) 1.25
Special Programs for Exceptional Students Weightings
(5) Handicapped 1.74
a. Educable mentally handicapped pupils
b. Learning disabilities pupils
(6) Handicapped 2.04
a. Trainable mentally handicapped pupils
b. Emotionally handicapped pupils
c. Orthopedically handicapped pupils
(7) Handicapped 2.57
a. Visually handicapped pupils
b. Hearing handicapped pupils
(8) Speech handicapped pupils 1.90
(9) Homebound pupils 2.10
Vocational Technical Programs Weightings
(10) Pre-vocational 1.20
(11) Vocational 1.29
Add-on Weights for Compensatory
& Remediation Weightings
(12) Grades 1-6 Compensatory 0.39
(13) Grades 2-6 Remediation 0.10
(14) Grades 7-12 Remediation 0.12
Each student in the state shall be counted in only one of the
first eleven pupil classifications. Students determined to need
compensatory instruction and remediation must be counted
additionally under the twelfth through fourteenth classification.
In the event a student is determined not to meet minimum
standards in reading, mathematics, or writing of the Basic Skills
Assessment Act or is 'not ready' for first grade, and qualifies
under State Department regulations, a pupil may be counted once for
each area for the purposes of calculating the district's remedial
weighted pupil units. The State Board of Education will determine
the qualifications for each classification in accordance with
Sections 59-21-510, 59-35-10, 59-53-1860, and 59-53-1900 of the
1976 Code and Act 631 of 1978. The program for each classification
must meet specifications approved by the State Board of Education."
Section 3. Section 4 of Act 163 of 1977, as amended, is further
amended by adding new items to be appropriately numbered which
shall read:
"( ) Annually in the general appropriation act the General
Assembly will determine an appropriation level and a number of
weighted pupil units to be funded through compensatory and remedial
weights provided herein, excluding students served by federal
Chapter I programs. The State Department shall promulgate
regulations to implement a system so as to provide a pro-rata
matching of the weighted pupil units to the pupils in the districts
of the State who fail to meet the statewide minimum standards in
reading, writing, and math or who do not meet the first grade
readiness text standard. Nothing in this section prohibits the
General Assembly from appropriating funds to the Department of
Education for block grants to address basic skills remediation in
early childhood development in the school districts of the State.
( ) The General Assembly shall annually provide the portion of the
local required support of the foundation program required by the
South Carolina Education Improvement Act of 1984 on the basis of
the district's taxpaying ability in the annual general
appropriation act."
Section 4. The State Board of Education, through the State
Department of Education, in order to offer students more
instructional time in a particular basic skill, may allow
adjustments in the amount of instructional time required in each of
the subjects in the State's defined minimum program. No commission
or agency of the State shall require any public high school in this
State to require foreign language as a prerequisite to receiving a
regular high school diploma.
Section 5. Section 1 of Act 631 of 1978, as amended by Act 154 of
1981, is further amended by adding a new, appropriately numbered
item at the end to read:
"( ) Establish statewide educational objectives in science for
grades one through eight and establish minimum standards of student
achievement for grades three, six, and eight. The State Board of
Education, through the Department of Education, also shall develop
and field-test, as part of the Basic Skills Assessment Program,
criterion-referenced tests that will measure student achievement in
science in grades three, six, and eight against the standards
established for each of these respective grades and cause to be
administered the tests provided for herein to all public school
students at the end of grades three, six, and eight. The purpose of
the test is that of diagnosis of student deficiencies and that of
an aid in determining instruction needed by the student in
achieving the minimum statewide standard established for each
respective grade."
SubPart 4
Alcohol and Drug Abuse in Schools
Section 1. The South Carolina Commission on Alcohol and Drug
Abuse shall establish a program to provide alcohol and drug abuse
intervention, prevention, and treatment services for the public
schools of the State. The Commission shall provide staff and
support necessary to administer the program. Funds for this program
must be annually appropriated by the General Assembly from the
Education Improvement Act of 1984 Fund as it determines
appropriate. The appropriated funds must be forwarded to the South
Carolina Commission on Alcohol and Drug Abuse from the Education
Improvement Act of 1984 Fund in the manner the State Treasurer
shall direct.
SubPart 5
Pupil Teacher Ratios
Section 1. Notwithstanding any other provisions of this act, no
school district with a student population in excess of 9,000 shall
receive any remediation funds appropriated hereunder unless each
language arts and mathematics class in grades seven through twelve
has in 1984-85 a pupil-teacher ratio of thirty students per teacher
or less, in 1985-86 a pupil-teacher ratio of twenty-eight students
per teacher or less, and in 1986-87, and thereafter, a
pupil-teacher ratio of twenty-five to one or less.
Subdivision C
Elevating the Teaching Profession by Strengthening Teacher
Training, Evaluation, and Compensation
SubPart 1
Increasing the Number of Highly Qualified Persons Going Into the
Teaching Profession
Section 1. (A) The 1976 Code is amended by adding:
"Section 59-39-170. Acting through guidelines adopted by the
State Board of Education, the secondary schools of this State shall
emphasize teaching as a career opportunity."
(B) The 1976 Code is amended by adding:
"Section 59-101-280. Acting through guidelines adopted by the
Commission on Higher Education, the publicly supported colleges and
universities of this State shall emphasize teaching as a career
opportunity and develop programs providing students interested in
a teaching career with opportunities to tutor other students."
(C) Section 59-5-65 of the 1976 Code, added by the provisions of
this act, is amended by adding a new subsection to be appropriately
numbered which shall read:
"( ) Adopt guidelines whereby the secondary schools of this State
shall emphasize teaching as a career opportunity."
(D) The 1976 Code is amended by adding:
"Section 59-103-130. The Commission on Higher Education shall
adopt guidelines whereby the publicly supported colleges and
universities of this State shall emphasize teaching as a career
opportunity and provide students interested in a teaching career
with opportunities to tutor other students."
Section 2. The Governor's schools for talented high school
students and the gifted and talented programs shall emphasize the
importance of the teaching profession.
Section 3. Section 2 of Act 187 of 1979, as amended, is further
amended by adding a new appropriately numbered item to read:
"( ) The Commission on Higher Education, in consultation with the
State Department of Education and the staff of the S. C. Student
Loan Corporation, shall develop a loan program whereby talented and
qualified state residents may be provided loans to attend public or
private colleges and universities for the sole purpose and intent
of becoming certified teachers employed in the State in areas of
critical need. Areas of critical need shall include both rural
areas and areas of teacher certification and shall be defined
annually for that purpose by the State Board of Education. The
recipient of a loan shall be entitled to have up to one hundred
percent of the amount of the loan plus the interest thereon
canceled if he becomes certified and teaches in an area of critical
need. The loan shall be canceled at the rate of twenty percent of
the total principal amount of the loan plus interest on the unpaid
balance for each complete year of teaching service in an area of
critical need. In case of failure to make a scheduled repayment of
any installment, failure to apply for cancellation of deferment of
the loan on time or noncompliance by a borrower with the intent of
the loan, the entire unpaid indebtedness including interest due and
accrued thereon shall, at the option of the Commission, become
immediately due and payable. The recipient shall execute the
necessary legal documents to reflect his obligation and the terms
and conditions of the loan. The loan program, if implemented,
pursuant to the South Carolina Education Improvement Act of 1984,
is to be administered by the S. C. Student Loan Corporation. Funds
generated from repayments to the loan program shall be retained in
a separate account and utilized as a revolving account for the
purpose that the funds were originally appropriated. Appropriations
for loans and administrative costs incurred by the Corporation are
to be provided in annual amounts, recommended by the Commission on
Higher Education, to the State Treasurer for use by the
Corporation. The select committee will review the loan program
annually and report to the General Assembly."
Section 4. Section 3 of Act 187 of 1979, as amended, is further
amended by adding an appropriately numbered item to read:
"Award a conditional teaching certificate to any person eligible
to hold a teaching certificate who does not qualify for full
certification under Item (f) of Section 3 provided the person has
earned a bachelor's degree from an accredited college or university
with a major in a certification area for which the Board has
determined there exists a critical shortage of teachers and the
person has passed the appropriate teaching examination. The Board
may renew a conditional teaching certificate annually for a maximum
of three years, if the holder of the certificate shows satisfactory
progress toward completion of a teacher certification program
prescribed by the Board. In part, satisfactory progress shall be
such progress that the holder of a conditional certificate should
complete the requirements for full certification within three years
of being conditionally.
Section 5. Section 4 of Act 187 of 1979, as amended, is further
amended by adding a new paragraph after the sixth paragraph and
before the seventh paragraph to read:
"A person who receives a conditional teaching certificate as
provided in Section 3 may be employed by a school district under a
provisional contract or an annual contract in accordance with the
provisions of this section. The holder of a conditional teaching
certificate must be employed to teach at least a majority of his
instructional time in the subject area for which he has received
conditional certification.
SubPart 2
Raising Teacher Salaries in Order to Attract and Hold Qualified
Persons in Teaching
Section 1. Item (b) of subsection (4) of Section 5 of Act 163 of
1977 is amended to read:
"(b) The state minimum salary schedule shall be based on the
state minimum salary schedule index in effect as of July 1, 1984.
In Fiscal Year 1985, the 1.000 figure in the index will be $14.172.
(This figure is based on a 10.27% increase pursuant to the South
Carolina Education Improvement Act of 1984.) Beginning with Fiscal
Year 1986, the 1.000 figure in the index shall be adjusted on a
schedule to stay at the southeastern average as projected by the
Division of Research and Statistical Services and provided to the
Budget and Control Board and General Assembly during their
deliberations on the annual appropriation bill. Under this
schedule, school districts are required to maintain local salary
supplements per teacher no less than their 1983-84 level. In Fiscal
Year 1986 and thereafter teacher pay raises through adjustments in
the state's minimum salary schedule shall be provided only to
teachers who demonstrate minimum knowledge proficiency by meeting
one of the following criteria:
1. Holding a valid professional certificate;
2. Having a score of 425 or greater on the Commons Examination of
the National Teachers Examinations;
3. Meeting the minimum qualifying score on the appropriate area
teaching examination; or
4. Meeting the minimum standards on the basic skills examinations
as prescribed by the State Board of Education provided in Section
2 of Act 187 of 1979.
Any fees applicable to the required examinations will be paid by
the examinee. The criteria listed in subitems 1 through 4 do not
have to be demonstrated by teachers having twenty-five years or
more of teaching service as of the effective date of this act in
order for their pay raises to be provided."
Section 1A. Beginning July 1, 1986, and thereafter, employment
may be provided only to teachers who demonstrate minimum knowledge
proficiency by meeting one of the criteria outlined in Section 1,
SubPart 2, Subdivision C of the South Carolina Education
Improvement Act of 1984. The criteria do not have to be met by
teachers having twenty-five years or more of teaching service as of
the effective date of this act in order for them to be employed.
Section 2. The compensation and employer contributions of any new
personnel employed for the purpose of implementing specific
provisions of the South Carolina Education Improvement Act of 1984
must be paid from funds appropriated for that purpose by the
General Assembly from funds derived from increased revenue provided
for in the Education Improvement Act of 1984 Fund. Provided,
however, this shall not be construed to preclude any school
district from providing additional compensation and employee
contributions for the purpose of implementing specific provisions
of the South Carolina Education Improvement Act of 1984. School
district employees shall not be entitled to receive any
across-the-board pay increases or employer contributions provided
for other state employees in the annual general appropriation act
unless otherwise authorized by the General Assembly therein.
Section 3. Chapter 21 of Title 59 of the 1976 Code is amended by
adding:
"Article 8
Teacher Incentive Program
Section 59-21-800. The State Board of Education acting with the
assistance of the select committee shall cause to be developed and
implemented a teacher incentive program to reward teachers who
demonstrate superior performance and productivity. Funds for
teacher incentive programs shall be provided by the General
Assembly in the annual general appropriation act.
Section 59-21-810. The teacher incentive program must be
developed based on the following guidelines:
(1) No later than October 1, 1984, a teacher incentive program
advisory committee must be appointed to advise on the development
and implementation of the incentive program. The advisory committee
must be appointed, after receiving nominations, as set forth
herein, and shall consist of three at-large members, appointed by
the Governor and the following members appointed by the State Board
of Education:
one school board member;
two elementary school teachers;
two middle or junior high school teachers;
two secondary school teachers;
one elementary school principal;
one middle or junior high school principal;
one secondary school principal;
one school superintendent.
The State Board of Education shall request:
(a) Each statewide professional educator organization with more
than one thousand members to nominate two continuing contract
teachers per one thousand members to serve on the advisory
committee.
(b) A statewide organization representing administrators
(principals and superintendents) to nominate qualified candidates
for the administrator positions on the committee.
(c) A statewide organization representing school boards to
nominate qualified candidates for the school board position.
The at-large members shall have had substantial experience in
elementary and secondary education, but may not be employed by any
school districts in the State. One of the at-large members must be
appointed chairman of the committee by the Governor.
Each of the statewide organizations shall seek qualified
candidates from the entire pool of persons eligible for membership
in their respective organizations and shall make nominations to the
State Board based on merit and without regard to membership in the
nominating organization.
The advisory committee shall terminate in July, 1989.
(2) The State Board shall cause no more than three programs to be
developed or selected in school districts in the school year
1984-85. Pilot testing of no more than these three programs shall
occur in nine school districts, designated by the State Board of
Education upon recommendations of the select committee, in school
year 1985-86, and the State Board of Education in consultation with
the Office of the Governor by regulation implement one program
statewide beginning with the school year 1986-87.
(3) No teacher may receive funds under the incentive program
unless he meets or exceeds all the eligibility standards set out in
the district's program.
(4) Incentive programs shall include: (a) evaluation for teaching
performance as it relates to improved student learning and
development; (b) evaluation by a team which includes principals and
peers; (c) evidence of self-improvement through advanced training;
(d) meaningful participation of teachers in the development of the
plan; and (e) working with student teachers whenever possible.
(5) Beginning with Fiscal Year 1986-87, beginning in the School
Year 1986-87, funds for the teacher incentive program must be
distributed to the school districts of the State on a per pupil
basis. The State Board of Education shall promulgate regulations
that ensure that the districts of the State utilize the funds in an
appropriate manner to establish a procedure for redistributing
funds from districts that do not require all of their allocations.
No districts may receive funds under this section unless it has an
incentive program approved by the State Board of Education.
(6) Teachers selected for incentive rewards shall be considered
in selecting teachers for summer school assignments or other summer
or extended year employment.
(7) The teacher's status in an incentive program is transferable
to any school district in the state. The teacher must continue to
meet appropriate requirements to maintain the incentive status."
Section 4. Each state agency having certified instructional
personnel shall receive an allocation based on the following
formula: Each state agency shall receive such funds as are
required to adjust the pay of all certified instructional personnel
to the appropriate salary provided by the salary schedules of the
surrounding school districts utilized for the 1984-85 school year
and subsequent years.
SubPart 3
Improving Training of Current and Prospective Teachers
Section 1. Item (e) of Section 2 of Act 187 of 1979, as amended
by Act 80 of 1981, is further amended to read:
"(e) Adopt program approval standards so that beginning with the
1982-83 school year all colleges and universities in this State
that offer undergraduate degrees in education shall require that
students successfully complete the basic skills examination that is
developed in compliance with this act before final admittance into
the undergraduate teacher education program. These program approval
standards shall include but not be limited to the following:
(1) A student may initially take the basic skills examination
during his first or second year in college.
(2) Students may be allowed to take the examination no more than
three times.
(3) If a student has not passed the examination, he may be
conditionally admitted to a teacher education program. Such
admittance shall not exceed one year. If he has not passed the
examination within one year of the conditional admittance he shall
not continue in the teacher education program.
Provided, that in addition to the above approval standards,
beginning in 1984-85, additional and upgraded approval standards
must be developed, in consultation with the Commission on Higher
Education, and promulgated by the State Board of Education for
these teacher education programs.
Section 2. The 1976 Code is amended by adding:
"Section 59-103-140. The Commission on Higher Education, in
consultation with the State Board of Education, may contract with
selected public or private colleges and universities, or groupings
of such institutions, to provide centers of excellence in programs
designed to train teachers. The Commission shall devise guidelines
and procedures by which institutions, or groups of institutions,
may apply for such contracts by the Commission. Such guidelines and
procedures shall include participation by local schools or school
districts in such programs as may be appropriate. Funds for
implementing this activity shall be appropriated annually to the
Commission on Higher Education which, in consultation with the
State Board of Education, shall monitor the performance of
participating institutions and may or may not elect to renew such
contracts to any original college or university."
Section 3. Item (h) of Section 2 of Act 187 of 1979, as amended
by Act 80 of 1981, is further amended to read:
"(h) Adopt program approval standards so that beginning with the
1982-83 school year all colleges and universities in this State
that offer undergraduate degrees in education shall require that
students pursuing courses leading to teacher certification
successfully complete one semester of student teaching and other
field experiences and teacher development techniques directly
related to practical classroom situations."
Section 4. During the 1984-85 school year the State Department of
Education shall develop or select in-service training programs for
teachers based on the findings and research it derives from the
study of effective schools and classrooms. All of the school
districts of this State must have implemented the in-service
training programs by the 1986-87 school year.
Section 5. The 1976 Code is amended by adding:
"Section 59-21-150. Beginning in Fiscal Year 1985-86, all school
district principals, instructional supervisors; and classroom
teachers are eligible for tuition reimbursement at a rate
consistent with that charged at public colleges and universities
every two years for successful completion of a three-hour credit
course in their field of specialization at a South Carolina public
or private college, so long as they work in that field in a South
Carolina public school for the succeeding year. The reimbursement
must be provided by the State from funds appropriated to the State
Department of Education."
Section 6. Item (2) of Section 4 of Act 163 of 1977, as amended
by Section 30, Part III, of Act 199 of 1979, is further amended to
read:
"(2) Incentive proviso for strengthening the instructional staff.
Each district employing instructional staff members with Class 1
Certificates or higher certificates must be provided from state
funds appropriated for this purpose a pro rata amount on a formula
basis equal to the number of such teachers in the district divided
by the number of such teachers in all the districts of the State
times the amount of available funds."
SubPart 4
Maximizing the Utilization of Teaching Time and Talent
Section 1. (a) Section 1 of Act 436 of 1982 is amended to read:
"Section 1. Notwithstanding any other provision of law, the
statutory school term is one hundred ninety days annually and at
least one hundred eighty days must be used for student instruction
and the remaining ten days may be used for preparation of opening
and closing of schools, for in-service training, and for teacher
planning and preparation time. At least three days may be used for
the opening and closing of schools and for teacher planning and
preparation and two days may be used in teacher-parent conferences
with emphasis upon failing and underachieving students. Provided,
further, that conferences may be held on Saturday at the direction
of the local school board."
(b) Section 59-21-20 of the 1976 Code, as last amended by Section
7, Part II, of Act 219 of 1977, is further amended to read:
"Section 59-21-20. The General Assembly shall make sufficient
appropriation to pay state aid to salaries of all school teachers
in the public schools on the basis and for the length of one
hundred ninety days in the elementary and secondary schools in the
State."
Section 2. The State Board of Education shall develop policies
and programs designed to reduce the paperwork required of teachers.
These policies and programs shall specifically provide for
assistance by the State Board in record-keeping matters through the
use of computer hardware and software within the budgetary
limitations authorized by the General Assembly.
Section 3. The State Board of Education, acting through the State
Department of Education, shall establish and administer a
competitive grant program whereby teachers will be awarded grants
for the purpose of improving teaching practices and procedures
within the budgetary limitations authorized by the General
Assembly. The respective local school districts shall act as the
fiscal agent for such grants.
Section 4. The teacher's evaluation system for continuing
contract teachers, mandated by Act 187 of 1979, must be fully
implemented in all school districts by school year 1984-85. A
formal evaluation of continuing contract teachers must take place
not less than every three years. Nothing in this section shall
prohibit the governing bodies of the school districts of this State
from establishing higher standards for the evaluation of teachers.
Section 5. Section 4 of Act 187 of 1979, as last amended by Act
391 of 1982, is further amended to read:
"Section 4. A person who receives a teaching certificate as
provided in Section 3 may be employed by any school district under
a nonrenewable provisional contract. All school districts shall
comply with procedures and requirements promulgated by the Board of
Education relating to aid, supervision, and evaluation of persons
teaching under a provisional contract. All teachers working under
a provisional contract must be paid at least the beginning salary
on the state minimum salary schedule.
Each school district shall use the evaluation instrument
developed in accordance with Section 3 to observe all provisional
teachers at least three times. The results of the observations must
be compiled to constitute an evaluation and must be provided to the
teacher in writing. Each school district shall give provisional
teachers appropriate advice and assistance to help remedy any
deficiencies that are detected by the three required observations.
The advice and assistance includes, but is not limited to, state
procedures and programs developed in accordance with Section 3 of
this act. Following this remediation, those teachers who do not
initially perform at the level required by the evaluation
instrument must be observed three more times and the results of the
observations must be compiled to constitute a second evaluation.
At the end of a one-year provisional contract period, the
evaluation must be reviewed by the school district to determine if
the provisional teacher has performed at the level required by the
evaluation instrument. If the evaluation indicates that the
provisional teacher has performed in an adequate manner, the
teacher is eligible for an annual contract. If the evaluation
indicates that the provisional teacher is deficient in teaching
ability, the school district may employ the teacher for an
additional year under a provisional contract or the district may
terminate his employment. If employment is terminated, another
school district may employ him under a new one-year provisional
contract. No person may be employed as a provisional teacher for
more than two years. This paragraph does not preclude his
employment under an emergency certificate in extraordinary
circumstances if the employment is approved by the State Board of
Education. During the one-year provisional contract period the
employment dismissal provisions of Article 3, Chapter 19, and
Article 5, Chapter 25, of Title 59 of the 1976 Code do not apply.
After successful completion of the one-year provisional period,
a teacher who is fully certified may be employed by any school
district under a one-year annual contract. The decision by the
school district to continue a teacher's employment beyond an annual
contract must be based on written evaluations conducted at least
two times annually using an evaluation instrument that at least
meets the criteria established by the State Board of Education for
an acceptable instrument. Evaluators shall complete a program of
reliability training. School districts shall give the results of a
teacher's evaluation in writing to the teacher and counsel him
concerning his strengths and weaknesses as a teacher. School
districts shall use deficiencies identified by the evaluations of
teachers on annual contracts as a guide to the establishment of
staff development programs.
A teacher may be employed for a maximum of two years under annual
contracts. This paragraph does not preclude his employment under an
emergency certificate in extraordinary circumstances if the
employment is approved by the State Board of Education.
The teacher failing to receive the annual or continuing contract
must not be employed as a classroom teacher in any public school in
this State for a minimum of two years. Prior to reentry as a
provisional or annual contract teacher, he must complete six units
of credit for certificate renewal and six units of credit for
remediation in areas of identified deficiencies. The teacher shall
reenter at the contract level which he had attained before
dismissal and continue toward the next contract level. The
provisions of this paragraph granting an opportunity for reentry
into the profession are available to a teacher once, and only once.
After the successful completion of a provisional year and one
annual contract, a teacher shall receive a continuing contract and
have full procedural rights that currently exist under law relating
to employment and dismissal. The provisions of Article 5, Chapter
25, of Title 59 of the 1976 Code and Article 3, Chapter 19, of
Title 59 do not apply to teachers working under one-year annual
contracts. Teachers working under a one-year annual contract who
are not recommended for reemployment at the end of the year may
have an informal hearing before the district superintendent. The
superintendent shall schedule the hearing no sooner than seven nor
later than thirty working days after he receives a request from the
teacher for a hearing. At the hearing all of the evidence must be
reviewed by the superintendent. The teacher may provide such
information, testimony, or witnesses as the teacher considers
necessary. The decision by the superintendent must be given in
writing within twenty days of the hearing. The teacher may appeal
the superintendent's decision to the school district board of
trustees. Any appeal shall include a brief statement (1) of the
questions to be presented to the board, and (2) wherein the teacher
believes the superintendent to have erred in his judgment. Failure
to file such an appeal with the board within ten days of the
receipt of the superintendent's decision shall cause the decision
of the superintendent to become final judgment in the matter. The
board of trustees shall review all the materials presented at the
earlier hearing and, after examining these materials, the board may
or may not grant the request for a board hearing of the matter.
Written notice of the board's decision on whether or not to grant
the request must be rendered within thirty-five calendar days of
the receipt of the request. If the board determines that hearing by
the board is warranted, the teacher must be given written notice of
the time and place of the hearing which must be set not sooner than
seven nor later than fifteen days from the time of the board's
determination to hear the matter. The decision of the board is
final.
If a person has completed an approved teacher training program at
a college or university outside this State and has no teaching
experience, he must have the same status as a person who has
completed such program at a college or university in this State. If
a person has completed an approved teacher training program at a
college or university in this State, has passed the examination he
is required to take for certification purposes, and has one year of
teaching experience, he may be employed by a school district as a
provisional teacher. If a person has completed an approved teacher
training program at a college or university outside this State, has
passed the examination he is required to take for certification
purposes, and has more than one year of teaching experience, he may
be employed by a school district as one who has completed the
one-year provisional period.
When a teacher has been awarded a continuing contract in one
district of the State the continuing status is transferable to any
other district in the State where the teacher is employed.
Teachers certified under the trades and industrial education
certification process are exempt from the provisions of this act
which require the completion of scholastic requirements for
teaching at an approved college or university and a provisional
contract period. The teachers may be employed by a school district
for a maximum of five years under annual contracts prior to being
employed under a continuing contract. Before being employed under
a continuing contract these teachers shall pass the Basic Skills
Examination developed in accordance with Section 3(b)(1), the state
approved skill examination in their area which is currently
required, the teaching examination developed in accordance with
Section 3(b)(2), and successfully complete the performance
evaluations as required for all teachers who are employed under
provisional contracts. Certification renewal requirements for such
teachers are those which are promulgated by the State Board of
Education."
Subdivision D
Improving Leadership, Management, and Fiscal Efficiency of Schools
at All Levels
SubPart 1
Recruiting the Most Able Candidates to Become Principals and
Administrators
Section 1. Title 59 of the 1976 Code is amended by adding:
"Chapter 24
School Administrators
Article 1
General Provisions
Section 59-24-10. Beginning with the school year 1985-86, any
person being considered for appointment as a principal for any
elementary or secondary school must be assessed for his
instructional leadership and management capabilities by the
Assessment Center of the South Carolina Department of Education and
a written report of such assessment must be forwarded to the board
of trustees of the district before such appointment is made. The
provisions of this section do not apply to any persons currently
employed as principals on the effective date of this act nor to any
persons hired as principals before the beginning of school year
1985-86.
Section 59-24-20. Beginning with the school year 1986-87, the
Commission on Higher Education, with the assistance of the State
Board of Education, shall require all state-supported colleges and
universities which offer graduate degrees in school administration
to increase the entrance requirements for admission to these
graduate pro-grams and shall specifically enumerate what increases
are necessary to each college and university offering these
programs.
Section 59-24-30. All school superintendents and principals must
successfully participate every two years in at least one seminar
approved by the State Board of Education and operated by the State
Department of Education to provide training in improving
administrative skills and instructional leadership.
Section 59-24-40. The State Board of Education shall adopt
criteria and minimum statewide performance standards for the
evaluation of all principals. The State Department of Education
shall select or cause to be developed and the State Board of
Education shall adopt the evaluation instruments necessary to
measure the satisfactory minimum performance of all principals
based on those criteria and standards. School districts shall use
the instruments, standards, and procedures adopted by the State
Board of Education for, the purpose of annually evaluating all
principals. The State Department of Education shall ensure that
instruments and standards are appropriately administered by
validating the evaluations of each principal at least once every
four years. The validation of evaluations shall be conducted 90
that approximately one-fourth of the validations are conducted each
year. Nothing in this section may limit or prohibit school
districts from setting additional and more stringent standards for
the evaluation of principals.
Any principal whose performance on an evaluation is rated
unsatisfactory must complete a training program approved by the
State Board of Education and conducted by the South Carolina
Department of Education's Leadership Academy or the local school
district. The provisions of this section must be implemented
according to the following schedule:
1984-85 Identification of criteria
1985-86 Development and testing of instruments, procedures and
standards in selected districts
1986-87 Field testing of instruments, procedures, and standards
in selected districts
1987-88 Statewide implementation.
Section 59-24-50. The South Carolina Department of Education's
Leadership Academy shall develop, in cooperation with
state-supported institutions of higher education, new training
programs and expand current training programs available to present
and prospective school administrators with particular emphasis on
effective instructional leadership.
Article 3
School Principal Incentive Program
Section 59-24-100. The State Board of Education acting with the
assistance of the select committee shall cause to be developed and
implemented a school principal incentive program to reward school
principals who demonstrate superior performance and productivity.
Funds for school principal incentive programs must be provided by
the General Assembly in the annual general appropriation act.
Section 59-24-110. The school principal incentive program must be
developed based on the following guidelines:
(1) The State Board of Education shall identify incentive
criteria in school year 1984-85. The State Board shall cause no
more than three programs to be developed or selected in nine school
districts in school year 1985-86. Pilot testing of no more than
these three programs must occur in nine school districts,
designated by the State Board upon the recommendation of the select
committee, in school year 1986-87 and by regulation implemented
statewide beginning with school year 1987-88.
(2) No school principals shall receive funds under the incentive
program unless the individual meets or exceeds all eligibility
standards set out in the district's program.
(3) Prior to the 1987-88 school year, the State Board, with the
assistance of an advisory committee it appoints, and acting through
the State Department of Education, shall establish by regulation an
incentive program for rewarding and retaining principals who
demonstrate superior performance and productivity.
(4) The incentive program shall include: (a) evaluation for
instructional leadership performance as it related to improved
student learning and development; (b) evaluation by a team which
includes school administrators, teachers, and peers; (c) evidence
of self-improvement through advanced training; (d) meaningful
participation of school principals in the development of the plan;
and (e) working with student teachers whenever possible.
(5) Funds for the school principal incentive program shall be
distributed to the school districts of the state on a per pupil
basis. The State Board of Education shall promulgate regulations
that ensure that the districts of the state utilize the funds in an
appropriate manner and establish a procedure for redistributing
funds from districts that do not require all of their allocations."
SubPart 2
Improving the Training and Evaluation of Prospective and Current
School Administrators
Section 1. The State Board of Education shall establish
guidelines for selected school districts of this State to implement
programs whereby persons who demonstrate outstanding potential as
principals in the opinion of the district may be given the
opportunity to serve an apprenticeship as a principal in the
selected districts.
Subdivision E
Implementing Strict Quality Controls and Rewarding Productivity
SubPart 1
Evaluating and Rewarding Schools and School Districts Based on
Measurable Performance and Progress
Section 1. Beginning in school year 1985-86 an incentive grant
fund program must be established by the State Board of Education,
acting through the State Department of Education, to reward schools
and school districts for exceptional performance for such criteria
as: (a) achievement gains over the prior year; (b) improved student
attendance; (c) improved teacher attendance; (d) improved student
attitudes toward learning; (e) improved parent participation; and
(f) such other factors promoting or maintaining high levels of
achievement.
No school or school district is eligible for incentive grant
funds unless the achievement gain criterion is met.
The incentive grant funds must be allocated on a per pupil basis.
However, in order to be eligible to receive these funds, the
schools or school districts shall meet the criteria established by
the State Board of Education. The State Board of Education shall
promulgate regulations that ensure that the districts of the State
utilize these funds to make further achievement gains and improve
excellence in the schools.
Section 2. The State Board of Education, acting through the State
Department of Education, shall establish a competitive grant
program whereby schools may be awarded grants to implement
exemplary and innovative programs designed to improve instruction.
These programs may include more effective utilization of substitute
teachers at the individual school level.
SubPart 2
Focusing the Planning of Schools and School Districts on
Instructional Improvement and the Effective Use of Resources
Section 1. Subsection (3) of Section 6 of Act 163 of 1977, as
last amended by Act 172 of 1981, is further amended to read:
"(3) Each school district board of trustees shall cause each
school in the district to prepare an annual written report to be
known as the school improvement report. The reports shall focus on
factors found by research to be effective in improving schools,
such factors to be prescribed by regulation of the State Board of
Education. The State Board of Education shall prescribe the format
of the reports and the manner in which they must be developed and
submitted. Each school board of trustees shall establish an
improvement council at each school in the district composed of at
least two parents, elected by the parents of the children enrolled
in the school; at least two teachers, elected by the faculty; at
least two students in schools with grades nine and above elected by
the students; other representatives of the community and persons
selected by the principal; Provided, However, That the elected
members of the council shall comprise at least a two-thirds
majority of the membership of the council. The councils must be
constituted in each school no later than January 1, 1978. Each
council shall assist in the preparation of the annual school
improvement report required in this section, shall assist with the
development and monitoring of school improvement, shall provide
advice on the use of school incentive grant awards, and shall
provide such assistance as the principal may request as well as
carrying out any other duties prescribed by the local school board.
The local school board shall make provisions to allow any council
to file a separate report to the local school board if the council
considers it necessary. However, no council shall have any of the
powers and duties reserved by law or regulation to the local school
board. Notwithstanding any other provisions of this item, when an
area vocational center establishes a local school improvement
council, it shall be composed as defined exclusively by federal
law. The council shall perform all duties and responsibilities
provided for in any state or federal law which applies to such
councils.
In order to provide additional accountability for funds expended
under the Education Finance Act and the Education Improvement Act
the elected members of the school improvement council shall serve
a minimum term of two years. Parents of students or students in
their last year of enrollment at an individual school may serve
terms of one year only. The terms shall be staggered and shall be
determined by lot. Within thirty days following the election the
names and addresses of all council members shall be forwarded to
the State Department of Education for the purpose of sharing
information. The district board of trustees shall include in its
annual district report a summary of the training opportunities
provided or to be provided for school improvement council members
and professional educators in regard to council-related tasks and
a summary of programs and activities involving parents and citizens
in the school."
Section 2. Item (a), subsection (4), of Section 6 of Act 163 of
1977 is amended to read:
"(a) Prepare a written appraisal of the school improvement report
of each school with emphasis on needs, goals, objectives, needed
improvements, and plans for the utilization of resources."
Section 3. The State Board of Education, acting through the
existing School Council Assistance Project at the University of
South Carolina, shall provide services and training activities to
support school improvement councils and their efforts in preparing
an annual school improvement report as required in this section.
SubPart 3
Monitoring Annually the Implementation of the Education Improvement
Program
Section 1. In order to assist in, recommend and supervise the
expenditure of funds for the Education Improvement Act there is
created a select committee to make recommendations to the State
Board of Education on implementing the provisions of the "South
Carolina Education Improvement Act of 1984."
The committee shall consist of the following persons:
(1) Speaker of the House of Representatives or his designee.
(2) Lieutenant Governor or his designee.
(3) Chairman of the Education and Public Works Committee of the
House of Representatives or his designee.
(4) Chairman of the Education Committee of the Senate or his
designee.
(5) State Superintendent of Education or his designee.
(6) Chairman of the Commission on Higher Education or his
designee.
(7) Governor or his designee.
(8) Chairman of the Ways and Means Committee of the House of
Representatives or his designee.
(9) Chairman of the Finance Committee of the Senate or his
designee.
A member of the General Assembly shall serve as chairman.
Members of the committee shall meet no less than once a quarter
and shall annually submit their findings and recommendations to the
General Assembly prior to January first.
During the phase-in period each school district in the State
shall furnish to the select committee a copy of the report of the
district's annual audit. The select committee shall review the
audit reports to insure that any management recommendations are
carried out.
Section 2. The Governor and State Superintendent of Education
shall reconvene, no less than annually, the Committee on Financing
Excellence in Public Education and the Steering Committee of the
Education-Business Partnership to review the implementation of this
act and consider improvements thereto.
The State Board of Education and State Superintendent of
Education shall establish within the State Department of Education
a special unit at the Division level called the Public
Accountability Division. This special unit will be eliminated three
years from the date of implementation of this act. The unit head
will hold a position comparable to a Deputy Superintendent, and
will be under the direct supervision and will report to the State
Superintendent of Education.
A joint Subcommittee of the Committee on Financing Excellence in
Public Education and Steering Committee of the Education-Business
Partnership will serve as a screening committee for the selection
of the unit head. The screening committee will recommend for
consideration three applicants. Final selection of the unit head
will be made by the State Superintendent of Education after
consulting with the Governor. All other positions will be filled
following current State Personnel and State Department of Education
employment procedures.
The new unit will be responsible for the planning and development
for the implementation of the Education Improvement Act of 1984.
The operating procedures for the new unit will be the same as the
operating procedures for the three established Divisions in the
Department of Education; provided, however, that the joint
subcommittee will review and approve all products produced by the
new unit and make recommendations to the State Board of Education
for final approval.
Section 3. The State Board of Education shall provide an
assessment of this act for consideration by the Business-Education
Partnership, the Committee on Financing Excellence in Public
Education, and the General Assembly. A special assessment shall be
provided on March 1, 1985. Commencing in 1985, an annual assessment
must be provided on October first of each year. The Business
Education Partnership and the Committee on Financing Excellence in
Public Education shall submit their recommendations to the General
Assembly prior to January first.
SubPart 4
Authorization of Intervention by State Superintendent of Education
Where Quality of Education in a Local School District is Impaired
Section 1. Prior to January 1, 1985, the State Board of Education
in consultation with the Select Committee shall develop criteria
for evaluating the quality of education in the school districts of
the State. The criteria shall include but not be limited to: (1)
improvement of CTBS and BSAP test results, (2) dropout rate, (3)
accreditation deficiencies, and (4) failure rate on high school
exit exam. The State Board of Education shall develop regulations
for the implementation of this section.
Prior to January 1, 1985, and by January 1 of each year
thereafter, the State Department of Education shall apply the
adopted criteria to appropriate data collected for all school
districts.
When the screening process indicates that all minimum criteria
standards are met, the districts will be so notified by the
Department of Education. When the screening process indicates
potential problems, technical assistance in resolving the potential
problems will be offered by the Department of Education.
When the screening process indicates that the quality of
education in a given school district is seriously impaired, the
State Superintendent, with the approval of the State Board of
Education shall appoint a Review Committee to study educational
programs in that district and identify factors affecting the
impairment of quality and, no later than the end of the school
year, make recommendations to the State Board of Education for
corrective action. Within 30 days thereafter the State Department
of Education shall notify the superintendent and district board of
trustees of the recommendations approved by the State Board of
Education Such Review Committee shall be composed of State
Department of Education staff, representative(s) from selected
school districts,
representative(s) from higher education, and one or more
non-educator(s). If the recommendations approved by the State
Board of Education are not satisfactorily implemented by the school
district within six months after receiving the recommendations, the
State Superintendent, with the approval of the State Board of
Education, shall be granted authority to do any of the following:
(1) Declare a state of emergency in the school district Within 30
days thereafter, the State Superintendent shall present evidence as
to the state of emergency to a called, joint meeting of the
Education Committees of the House of Representatives and the
Senate. The State Superintendent of Education, the superintendent
of the district concerned, and the Chairman of the Board of
Trustees for the district shall be required to testify along with
such other witnesses as the Committees may desire to call. Upon
conclusion of the testimony, the joint Committees, by vote of a
majority of those Committee members present and voting, may either
concur or nonconcur in the finding of a state of emergency. If a
majority of the Committee members concur with the finding of a
state of emergency, the State Superintendent of Education may cause
state funds for any or all programs under this act to be escrowed
for the duration of the emergency with the understanding that he
may thereafter release funds from escrow for any program which he
determines to have been restored to standard even though the state
of emergency may not as yet be terminated for the district as a
whole. The state of emergency may be declared ended by vote of a
majority of the members voting at a called joint meeting of the
Education Committees of the House and Senate and thereupon the
escrowed funds may be released to the district during the next
twelve-month period as the State Superintendent may prescribe.
(2) Furnish continuing advice and technical assistance in
implementing the aforementioned recommendations of the State Board
of Education.
(3) Recommend to the Governor that the office of superintendent
be declared vacant. The Governor may thereupon so declare after
which the superintendent may furnish an interim replacement until
the vacancy is filled by the board of trustees.
Subdivision F
Creating More Effective Partnerships Among the Schools, Parents,
Community, and Business
SubPart 1
Strengthening the Involvement of Parents in Parents in Their
Children's Education
Section 1. Section 59-5-65 of the 1976 Code, added by the
provisions of this act, is amended by adding a new item at the end
to be appropriately numbered which shall read
"( ) Adopt policies and procedures for the local school districts
to follow whereby:
(a) Regular conferences between parents and teachers are
encouraged.
(b) Each school has active parent and teacher participation on
the School Improvement Council and in parent-teacher groups.
(c) Parenting classes and seminars are made readily available in
every school district."
SubPart 2
Increasing the Participation of Business and Industry in the Public
Schools
Section 1. Section 59-5-65 of the 1976 Code, added by the
provisions of this act, is amended by adding a new item at the end
to be appropriately numbered which shall read:
"( ) Adopt policies and procedures to accomplish the following:
(a) Have school personnel encourage advice and suggestions from
the business community.
(b) Have business organizations encourage their members to become
involved in efforts to strengthen the public schools.
(c) Encourage all schools and businesses to participate in
adopt-a-school programs.
(d) Encourage statewide businesses and their organizations to
initiate a Public Education Foundation to fund exemplary and
innovative projects which support improvement in the public
schools."
SubPart 3
Broadening the Community Involvement in the Public Schools
Section 1. Section 59-5-65 of the 1976 Code, added by the
provisions of this act, is amended by adding a new item at the end
to be appropriately numbered which shall read:
"( ) Adopt policies and procedures to accomplish the following:
(a) Expand school volunteer programs.
(b) Encourage civic and professional organizations to participate
in local adopt-a-school programs."
Section 2. The State Board of Education shall initiate an award
program to recognize business and industries, civic organizations,
school improvement councils, and individuals contributing most
significantly to public education.
Subdivision G
Providing School Buildings Conducive to Improved Student Learning
SubPart 1
Performing Pressing Repairs, Renovations, and Construction on
School Buildings
Section 1. (a) Beginning with state Fiscal Year 1984-85, the
State shall remit an amount on a per-pupil basis to each school
district of the State in the manner and under the conditions that
the General Assembly provides for the School Building Aid program
of the Education Improvement Program in the annual general
appropriation act. These funds must be used (i) for the renovation,
capital improvement, or repair of school classrooms, libraries,
laboratories, and other instructional facilities, including music
rooms, or (ii) to reduce the millage required to pay principal and
interest on bonds issued for such purposes if the district
qualifies for the exception provided for in subsection (b) hereof.
(b) If a school district has issued bonds or otherwise undertaken
any capital improvement programs during any of the most recent five
fiscal years, at least fifty percent of the funds provided in
subsection (a) must be used to reduce the millage required to pay
debt service on such outstanding bonds.
Provided however, in the event that a school district sold bonds
or secured a loan at an interest rate less than prevailing rates
and has an identified need for funds in excess of fifty percent of
funds provided in subsection (a) or anticipates a significant
increase in need for additional classroom space, that district may
request a waiver from this requirement by the State Board of
Education. After consultation with the State Treasurer on
prevailing interest rates and review of the evidence accompanying
the waiver request from the school district, and upon certification
by the State Treasurer that rates are beneficial to local school
district, the State Board of Education may grant a waiver if the
evidence is substantiated. The remaining sums may be used either to
reduce millage to pay debt service or to pay for capital
improvements, repairs, or renovations otherwise authorized during
the then current fiscal year. Provided, Further, That if, on the
occasion when the annual millage would otherwise be increased to
provide for capital improvements, repairs, or renovations, there is
on hand with the county treasurer sums from the appropriation
herein authorized, sufficient to meet all or a portion of the
payments of principal and interest on bonds to be outstanding in
the ensuing fiscal year, then such portion of the millage required
to pay such debt service need not be imposed.
(c) A capital improvement program for purposes of this section is
defined as incurring debt for school building purposes or levying
and collecting school taxes for school building purposes over the
district's last five fiscal years averaged at least one-half the
amount the district is entitled to receive during state Fiscal Year
1985 as provided in subsection (a) hereof. If the district has
fiscal autonomy to any degree, it shall provide for the manner in
which the school millage must be reduced. If the district does not
have fiscal autonomy, the governing body of the county wherein the
district is located shall provide for the manner in which the
school millage must be reduced.
(d) The funds authorized herein for reduction in millage for debt
service may not be expended in conjunction with the authorization
of bonds that increase a school district's bonded indebtedness
above the limit provided for in Article X of the South Carolina
Constitution or expended to pay debt service on bond anticipation
notes authorized which would put the total bonded indebtedness of
the school district (general obligation and bond anticipation)
above the constitutionally mandated limit.
Section 2. Section 59-21-320 of the 1976 Code is amended to read:
"Section 59-21-320. In order to assist school districts in
financing needed capital improvements, the General Assembly shall
annually allocate to the Board a sum equivalent to twenty dollars
multiplied by the number of pupils enrolled in grades one through
twelve of the public schools during the school year next preceding
the year for which the allocation is made. Provided, that the
amount allocated for the Fiscal Year 1969-70 must be computed at
the rate of twenty-five dollars per pupil, for the Fiscal Years of
1970-71 through 1988-89 must be computed at the rate of thirty
dollars per pupil, and for Fiscal Year 1989-90 and thereafter must
be computed at the rate of eighty dollars per pupil. Provided,
Further, That for no year may the amount allocated be less than the
total sum required to meet principal and interest payments becoming
due in that fiscal year on state school bonds."
Section 3. Any funds received pursuant to this section must be
expended or contractually committed within forty-eight months of
the appropriation provided for school buildings under this act. No
school district may use the funds allocated for school building
purposes for operational, instructional, or any purposes other than
those enumerated in Section 1. Any school district using these
funds as herein prohibited is prohibited from receiving any other
funds under this act until the school district has reimbursed the
Education Improvement Act of 1984 Fund for the funds allocated for
school building purposes it has received pursuant to this act.
DIVISION III
(A) The General Assembly finds that since it is the
constitutionally mandated duty of the General Assembly to provide
for the maintenance and support of the public schools, and since an
emergency situation exists in regard to the need to upgrade the
public school system, the provisions of Subsection (H), Section 12,
Part II of Act 517 of 1980 (designated as Section 11-33-80 of the
1976 Code in the 1983 Cumulative Supplement) shall not apply to
this section.
(B) The 1976 Code is amended by adding:
"Section 12-35-515. In addition to the tax levied in Sections
12-35-510, 12-35-810, and 12-35-1120 and Article 11 of Chapter 35
of Title 12, there is levied and imposed an additional tax in an
amount equal to one percent to be levied and collected in the
manner provided in this chapter on that segment of the population
who is under eighty-five years of age; Provided, However, That this
additional tax imposed herein shall also apply to persons
eighty-five years of age and older if such persons make purchases
other than for their own personal use. The proceeds of the
additional tax levied by this section shall be used to fund the
pro-visions of the South Carolina Education Improvement Act of 1984
in the manner specified by Section 12-35-1550."
(C) Section 12-35-580 of the 1976 Code, as last amended by Act
644 of 1978, is further amended to read:
"Section 12-35-580. When the estimated tax liability of any
person for a taxable period exceeds eighteen thousand dollars, such
person shall render to the Commission on or before the twentieth
day of such taxable period on a form prescribed by the Commission
a true and correct statement showing the estimated tax liability
for such taxable period, and at the time of making such report such
person shall pay to the Commission at least fifty percent of the
estimated tax liability shown thereon. The amount of such
prepayment shall be credited against the amount shown due on the
return required under Section 12-35-570. No retailer shall have an
estimated tax liability unless, during the previous fiscal year,
his monthly tax liability exceeded eighteen thousand dollars per
month for three consecutive months or more. If any person fails to
pay at least forty percent of the 'true estimated tax liability',
if one is due, or fifty percent of the tax for the same month of
the preceding year on or before the twentieth day of the period
covered by the return, the difference between the amount paid and
the amount due to have been paid shall be increased by five percent
per month or fraction of a month from the date the tax was
originally due to the date of payment, such penalty not to exceed
twenty-five percent of the underpayment.
Commencing July 1, 1985, the provisions of this section shall
apply when the estimated tax liability of any person for a taxable
period exceeds twenty thousand dollars and commencing July 1, 1986,
it shall apply when any such tax liability exceeds twenty-two
thousand, five hundred dollars and commencing July 1, 1987, and
thereafter, it shall apply when any such tax liability exceeds
twenty-five thousand dollars."
(D) Section 12-35-610 of the 1976 Code is amended to read:
"Section 12-35-610. Every person or company engaged or continuing
within this State in a business, for which a license or privilege
tax is required by this article, may add to the sales price:
(1) No amount on sales of ten cents or less;
(2) One cent on sales of eleven cents and over, but not in excess
of twenty cents;
(3) Two cents on sales of twenty-one cents and over, but not in
excess of forty cents;
(4) Three cents on sales of forty-one cents and over, but not in
excess of sixty cents;
(5) Four cents on sales of sixty-one cents and over, but not in
excess of eighty cents;
(6) Five cents on sales of eighty-one cents and over, but not in
excess of one dollar;
(7) One cent additional for twenty cents or major fraction
thereon in excess of one dollar."
(E) Section 12-35-1550 of the 1976 Code is amended to read:
"Section 12-35-1550. The revenue derived from the tax levied by
Sections 12-35-510, 12-35-810, 12-35-1120, and Article 11 in this
chapter must be remitted to the State Treasurer to be credited to
the state public school building fund for the purposes provided for
in Article 3 of Chapter 21 of Title 59 and any sum over and above
that so required must be placed to the credit of the general fund
and must be used for school purposes only. The revenue derived from
the tax levied pursuant to Section 12-35-515 must be deposited by
the State Treasurer in the South Carolina Education Improvement Act
of 1984 Fund as a fund separate and distinct from the state general
fund. All unappropriated money in this fund and earning on
investments from this fund shall remain part of the separate fund
and shall not be deposited in the general fund except as provided
for in this section. Money from this fund may only be spent for
elementary and secondary school purposes. Any change in the
management or use of this fund for other than elementary and
secondary education is permitted only by a two-thirds vote provided
in this section.
Upon implementation of the provisions of this section by law,
such law may not be amended or repealed except by special vote
provided in this section.
A special vote means an affirmative two-thirds vote of the total
membership of the Senate and an affirmative two-thirds vote of the
total membership of the House of Representatives."
(F) The State Department of Education shall carefully monitor and
audit the disbursement of monies from the South Carolina Education
Improvement Act Fund. Any line item appropriation not fully
expended for any program under the South Carolina Education
Improvement Act of 1984 shall revert to the fund.
(G) This Division shall take effect July 1, 1984.
(H) The appropriations for Fiscal Year 1984-85 from the South
Carolina Education Improvement Act of 1984 Fund for the
compensatory and remedial instruction programs for students who
fail to meet the required minimum standards of achievement in the
basic skills may be carried forward and expended for the same
purpose during Fiscal Year 1985-86 if, upon the written
certification of the State Board of Education to the General
Assembly on or before June 30, 1985, a sufficient number of
qualified remedial and compensatory education teachers were not
able to be employed or transferred into this field during Fiscal
Year 1984-85.