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(n) Provide school districts with information concerning basic instructional programs which have been demonstrated to be effective in developing readiness skills or in the teaching of reading, writing, and mathematics, science, and social studies. The Department of Education shall encourage school districts to adopt programs that are determined to be appropriate to the needs of their students.

(o) Provide appropriate office space, staff, equipment and supplies to the Basic Skills Advisory Commission.

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 DOE, 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 ends 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.

SECTION 3. Section 59-30-30 of the 1976 Code is amended to read:

"Section 59-30-30. All public school boards, through their local school districts, shall:

(a) Participate in the basic skills statewide assessment program established by this chapter.

(b) Adopt appropriate policies to ensure that a continuous an assessment is made of an individual student's progress in relation to the statewide minimum achievement standards of student achievement performance for kindergarten through grades 1, 2, 3, 6, 8, and 11; and adopt the state model for K - 3 continuous assessment or submit a district model for approval to the State Board of Education through the State Department of Education.

(c) Prior to the beginning of the 1979-80 1996-97 school year provide appropriate in-service training staff development for all certified personnel implementing the basic skills statewide assessment program to ensure efficient and effective methods of instruction.

(d) Use the results of the tests administered under the basic skills statewide assessment program system to help in the diagnosis of student deficiencies.

(e) Provide basic instruction academic assistance to aid the student in bringing his performance up to the statewide minimum achievement standards for a particular grade when a deficiency is indicated by the results of the tests administered under the Basic skills assessment system program or the assessment procedures.

(f) (1) Provide in writing test result information to any parent or guardian of a dependent child when the parent or guardian requests such information.

(g) Not release test information on a student that refers to that student by name or by other identification methods without the written permission of the parent or legal guardian or other legal adult authority or the emancipated student himself. Written permission must be granted for each request. Additionally, the permission form must state that compliance with the request is voluntary and that the information being requested may be used to decide the future placement of the person in question. This does not affect interdistrict access of student test scores."

SECTION 4. Section 59-30-50 of the 1976 Code is amended to read:

"Section 59-30-50. The following timetable applying to the State Department of Education activities shall must be completed not later than the year indicated but nothing herein is intended to prohibit an earlier development or field testing of the tests or use of the test results by school districts to meet their responsibilities under this chapter when test results are made available.

1978-79 (a) Identification of basic skills objectives. (b)Selection of readiness test for grade one.

1979-80 (a) Test development, field testing and test revision (grades 1 through 3, 6 and 8).

(b) Administration of readiness test--all students, grade one.

1980-81 (a) Administration of tests, (first grade readiness and grades 1 through 3, 6 and 8).

(b) Development or selection and field testing of eleventh grade test.

1981-82 (a) Administration of tests (first grade readiness and grades 1 through 3, 6 and 8).

(b) Administration of eleventh grade test, collection of baseline data.

1982-83 (a) Administration of all tests.

1983-84 and subsequent years. Administration of all tests.
1994-95 (a) Adopt content and achievement standards for Mathematics, Science, English/language arts and Social Studies in Grades 3 and 6.

(b) Adopt new exit exam and new Grade 8 test linked to exit exam.

(c) Phase in K - 3 continuous assessment model.

(d) Field test a new assessment of students' preparation level for first grade; continue CSAB.

(e) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least four grades.

(c) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least four grades.
1998-99 Implement assessments in Grades 3 and 6, 8 and exit."

SECTION 5. Section 59-30-80 of the 1976 Code is amended to read:

"Section 59-30-80. The parents or guardian of any student who does not meet the minimum academic achievement standards set for any test prescribed in this chapter shall be notified in writing by the school and such notice shall be filed in the scholastic records of the student concerned.

The scholastic records may not leave the district either physically or electronically without the expressed written consent of the parent or the legal guardian or other legal adult authority or the emancipated student. The permission request form must state the release of the records are voluntary and that the information being sent may be used for the future placement of the student. A district within South Carolina may admit a student pending receipt of the student's scholastic records. A district may send a letter upon request of another school district either within this State or outside the State to confirm the current grade level of the student."

SECTION 6. This act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

Rep. WRIGHT explained the amendment.

The amendment was then adopted.

Rep. WAITES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\20661SD.94).

Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-30-10(o) of the 1976 Code, as contained in SECTION 2, by striking lines 11 through 30 on page 3958-9 in their entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. WAITES explained the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. McABEE moved to adjourn debate upon the Bill until Tuesday, April 12.

Rep. FAIR moved to table the motion.

Rep. DAVENPORT demanded the yeas and nays, which were not ordered.

The House refused to table the motion by a division vote of 14 to 60.

The question then recurred to the motion to adjourn debate, which was agreed to.

Rep. RHOAD moved to adjourn debate upon the following Joint Resolution until Thursday, April 14, which was adopted.

H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. RHOAD moved to adjourn debate upon the following Joint Resolution until Thursday, April 14, which was adopted.

H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up.

S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15829AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 1 of the bill and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 44-41-75. (A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic.

Amend further, page 2, Section 44-41-70(b) by inserting on line 22 /(a) and/ before /(b)/ so when amended Section 44-41-70(b) reads:

/(b) The department shall promulgate and enforce rules and regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(a) and (b)./

Amend further by deleting Section 5 and inserting:

/SECTION 5. Section 44-7-130 of the 1976 Code is amended by adding at the end:

"(22) `Facilities wherein abortions are performed' means a facility, other than a hospital, in which any second trimester or five or more first trimester abortions are performed in a month."

SECTION 6. Section 44-7-260(A) of the 1976 Code is amended by adding at the end:

"(13) facilities wherein abortions are performed."

SECTION 7. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. KLAUBER explained the amendment.

The amendment was then adopted.

Reps. CORNING and HASKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15962AC.94).

Amend the bill, as and if amended, by deleting Section 44-41-75(A) and inserting:

/Section 44-41-75. (A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic and must comply with the provisions of Article 3.

(B) The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality

Amend further by adding the following appropriately numbered sections to read:

/SECTION . Sections 44-41-10 through 44-41-80 of the 1976 Code are designated Article 1, Chapter 41, Title 44 entitled "Abortions Generally".

SECTION . Chapter 41, Title 44 of the 1976 Code is amended by adding:

Section 44-41-310. This article may be cited as the `Woman's Right to Know Act'.

Section 44-41-320. As used in this article:

(1) `Medical emergency' means that condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.

(2) `Probable gestational age of the embryo or fetus' means what, in the judgment of the attending physician based upon the attending physician's examination and medical history given by the woman, is with reasonable probability the gestational age of the embryo or fetus at the time the abortion is planned to be performed.

Section 44-41-330. (A) Except in the case of a medical emergency and in addition to any other consent required by the laws of this State, no abortion may be performed or induced unless the following conditions have been satisfied:

(1) The woman must be informed by the physician who is to perform the abortion, by the referring physician, or by an allied health professional working in conjunction with one of the aforementioned physicians of the procedure to be involved and of the probable gestational age of the embryo or fetus at the time the abortion is to be performed.

(2) The woman must be informed, by the physician, by his agent or, should the abortion be performed in a clinic, by its agent, that she has the right to review the printed materials described in Section 44-41-340. The physician, his agent, or, should the abortion be performed in a clinic, its agent must orally inform the woman that materials have been provided by this State which describe the embryo or fetus, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. If the

(3) The woman must certify in writing, before the abortion, that the information described in item (1) of this subsection has been furnished her, and that she has been informed of her opportunity to review the information referred to in item (2) of this subsection.

(4) Before performing the abortion, the physician who is to perform or induce the abortion or his agent must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed.

(B) Nothing herein limits the information provided by the referring physician, the physician who is to perform the abortion, or allied health professional to the person upon whom the abortion procedure is to be performed.

(C) No abortion may be performed sooner than two hours after the woman receives the written materials and certifies this fact to the physician or his agent. This subsection (C) does not apply in the case of a medical emergency.

(D) If the clinic or other place where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman picks up the information at the local health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced, that the information described in item (A)(1) has been provided to her, and that she has been informed of her opportunity to review the information referred to in item (A)(2), then the waiting period required pursuant to subsection (C) does not apply. However, the clinic or other place is nevertheless required to maintain, for three years, the woman's written verification that the information was so provided and the printed materials were so received.

(E) Subsections (C) and (D) shall not apply if the abortion is performed pursuant to a court order or if the woman is mentally retarded, this is documented in her medical record, and her parents or legal guardian or legal representatives consent in writing to the abortion. The clinic or other such place is nevertheless required to maintain, for three years, a copy of such court order or such medical records and written consent.

(F) In the event the person upon whom the abortion is to be performed or induced is a minor and her parents consent to the abortion, the information described in Section 44-41-330(A)(1) must be furnished to the

(G) This section is suspended if a clinic or other place where abortions are performed or induced does not have, through no fault of the clinic or place and if the clinic or place can demonstrate through written evidence the unavailability of the materials, the materials described in Section 44-41-340 required to be available to a woman pursuant to subsection (A)(2) or mailed pursuant to subsection (D).

Section 44-41-340. (A) The South Carolina Department of Health and Environmental Control shall cause to be published the following printed materials:

(1) geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they may be contacted;

(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant to full term. Any photograph, drawing or other depiction must state in bold letters, which are easily legible, stating the magnification of the photograph, drawing or depiction if it is not the actual size of the embryo or fetus at the age indicated. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;

(3) materials designed to inform the woman of the principal types of abortion procedures and the major risks associated with each procedure, as well as the major risks associated with carrying-to-full-term;

(4) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits;

(5) materials designed to inform the woman of the mechanisms available for obtaining child support payments.

(B) The materials must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.

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