General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998
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21 SECTION 3
22
23 TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING
24 CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR
25 SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS
26 FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE
27 STATE BOARD OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF
28 THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS AND AWARDS FOR
29 SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS TO PERMIT STUDENTS TO TRANSFER
30 FROM AN "F" GRADED SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE A STATE-FUNDED PROGRAM
31 OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; TO REPEAL
32 CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT
33 PROGRAM; TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A PUBLIC SCHOOL ASSISTANCE
34 FUND FOR THE PURPOSE OF PROVIDING FINANCIAL SUPPORT TO ASSIST POORLY PERFORMING SCHOOLS; BY
35 ADDING SECTION 59-24-15 SO AS TO PROVIDE THAT SCHOOL ADMINISTRATORS MAY BE EMPLOYED ON AN
PART II PAGE 522
1 ANNUAL OR MULTI-YEAR CONTRACT AND SHALL RETAIN THEIR CONTRACT STATUS AS A TEACHER BUT SHALL
2 NOT BE GRANTED CONTRACT OR STATUS AS AN ADMINISTRATOR AND TO PROVIDE EXCEPTIONS; AND TO
3 PROVIDE THAT IF A SCHOOL DISTRICT HAS ADOPTED A POLICY PERMITTING CORPORAL PUNISHMENT IN
4 CERTAIN SITUATIONS, THE SCHOOL DISTRICT AND ANY EMPLOYEE THEREOF IS IMMUNE FROM ANY CIVIL
5 OR CRIMINAL LIABILITY AS A RESULT OF A STUDENT OF THE DISTRICT BEING ADMINISTERED CORPORAL
6 PUNISHMENT IN CONFORMITY WITH THE DISTRICT'S POLICY, ABSENT GROSS NEGLIGENCE OR
7 RECKLESSNESS.
8
9 A. Title 59 of the 1976 Code is amended by adding:
10
11 "CHAPTER 8
12
13 Performance and Accountability
14 Standards for Schools
15
16 Article 1
17 General Provisions
18
19 Section 59-8-100. This chapter is known and may be cited as the South Carolina Performance and Accountability Standards for
20 Schools (PASS) Act'.
21
22 Section 59-8-110. The General Assembly finds that South Carolinians have a commitment to public education and a conviction that
23 high expectations for all students are vital components for improving academic achievement. It is the purpose of the General Assembly
24 in this chapter to create a system of accountability for public education which focuses on equipping students with a strong academic
25 foundation by emphasizing teaching and learning. Accountability is defined by this chapter to mean acceptance of the responsibility of
26 improving student performance by the Governor, the General Assembly, the State Department of Education, colleges and universities, local
27 school boards, administrators, teachers, parents, students, and the community to ensure that students are equipped with a strong academic
28 foundation.
29
30 Section 59-8-120. The South Carolina Performance and Accountability Standards for Schools Act shall:
31 (1) use academic achievement standards to push schools and students toward higher performance;
32 (2) align state assessment to the academic achievement standards;
33 (3) develop a performance indicator system that is logical, reasonable, fair, challenging, and technically defensible;
34 (4) report useful information about what is happening in schools;
35 (5) seek to strengthen classrooms in order to improve schools;
PART II PAGE 523
1 (6) provide resources to strengthen the process of teaching and learning in the classroom to improve student performance and reduce
2 gaps in performance; and
3 (7) support professional development as integral to improvement, to the actual work of teachers and school staff.
4
5 Section 59-8-130. As used in this chapter:
6 (1) Commission' means the Performance and Accountability Standards for Schools Commission as established in Section 59-8-300.
7 (2) Standards based assessment' means an assessment where an individual's performance is compared to specific performance
8 standards and not to the performance of other students.
9 (3) Disaggregated data' means data broken out for specific groups within the total student population, such as by race, gender, and
10 family income level.
11 (4) Longitudinally matched student data' means examining the performance of a single student or a group of students by considering
12 their test scores over time.
13 (5) Norm-referenced assessment' means assessments designed to compare student performance to a nationally representative sample
14 of similar students known as the norm group.
15 (6) Academic achievement standards' means statements of expectations for student learning.
16 (7) Department' means the State Department of Education.
17 (8) Absolute grade' means the grade a school will receive based on the percentage of students meeting standard on the state's
18 standards based assessment.
19 (9) Improvement grade' means the grade a school will receive based on longitudinally matched student data comparing current
20 performance to the previous year's for the purpose of determining student academic growth.
21 (10) Office of Research and Development' means the special unit within the commission established in Section 59-8-320.
22
23 Article 3
24 Oversight and Monitoring
25
26 Section 59-8-300. (A) In order to provide oversight for the implementation, monitoring, and evaluation of this chapter and the
27 Education Improvement Act of 1984, there is created the Performance and Accountability Standards for Schools (PASS) Commission.
28 The commission shall:
29 (1) provide oversight of implementation and evaluation of this chapter;
30 (2) make recommendations for amendments or repeal of any part of this chapter;
31 (3) report annually to the Governor, the General Assembly, State Board of Education, and the public on the progress of this
32 chapter;
33 (4) make program or policy recommendations to state agencies and other entities as it considers necessary.
34 (B) The PASS Commission also shall:
35 (1) review and monitor Education Improvement Act (EIA) programs and their funding;
PART II PAGE 524
1 (2) report as needed to the General Assembly on the progress of any programs effecting the accountability system;
2 (3) recommend EIA and other program changes to state agencies and other entities as it consider necessary.
3
4 Section 59-8-310. (A) The membership of the commission shall consist of fifteen members as follows:
5 (1) two nonlegislative at-large members appointed by the Governor;
6 (2) two members of the Senate appointed by the President Pro Tempore of the Senate;
7 (3) two members of the House of Representatives appointed by the Speaker of the House of Representatives;
8 (4) four nonlegislative members representing the business and industry community with the Governor, Speaker of the House of
9 Representatives, President Pro Tempore of the Senate, and State Superintendent of Education each making one such appointment. The
10 business appointees must have experience in business, management, or policy and a knowledge of public education;
11 (5) four nonlegislative members representing the public education community with the Governor, Speaker of the House of
12 Representatives, President Pro Tempore of the Senate, and State Superintendent of Education each making one such appointment;
13 (6) one member shall represent the Council of College Presidents and the Independent Colleges and Universities, Inc. and shall
14 be appointed by the Governor upon the recommendation of the chairmen thereof. This position on the commission shall be rotated every
15 four years between the two above entities;
16 (7) The members appointed pursuant to items (2) and (3) may serve notwithstanding the provisions of Section 8-13-770. Their
17 terms of office on the commission must be coterminous with their terms of office as members of the General Assembly.
18 (B) The terms of office of the members of the PASS Commission, except for the legislative members, are four years and until their
19 successors are appointed and qualify except of those first appointed the terms must be staggered as follows:
20 (1) initial terms of two years shall be served by the two members of the business and industry community and the two members
21 of the education community appointed by the Governor and the State Superintendent of Education, respectively;
22 (2) initial terms of three years shall be served by the at-large members appointed by the Governor; and
23 (3) all other voting members shall serve initial four year terms.
24 Vacancies shall be filled for the remainder of the unexpired term in the manner of original appointment.
25 (C) The following shall serve as ex officio, nonvoting members of the commission:
26 (1) State Superintendent of Education or his designee;
27 (2) Chairman of the State Board of Education or his designee;
28 (3) Chairman of the Commission on Higher Education or his designee.
29 (D) Initial appointments must be made by July 31, 1998, at which time the Governor or his designee shall call the first meeting. At
30 the initial meeting, a chairman shall be elected by a majority vote of the members attending with quorum present. A quorum is defined
31 as having a majority of the number of voting members present. The term of chairman shall be two years. At the end of each two-year term,
32 an election must be held for the chairmanship by majority vote of the members attending with quorum present as defined above. No
33 member shall serve more than four consecutive years as chairman. Other officers as considered necessary also may be elected by the
34 commission.
PART II PAGE 525
1 Section 59-8-320. A special unit to be known as the Office of Research and Development shall be established within the commission.
2 The office's responsibilities shall include planning, monitoring, reviewing, and evaluating all aspects of this chapter and the EIA and
3 providing staff support to the commission. The Office of Research and Development shall provide information, recommendations, and
4 assessment of this chapter to the commission.
5 Section 59-8-330. The commission shall employ an executive director for the Office of Research and Development. Selection of
6 the executive director shall be made upon approval by a majority of the membership of the PASS Commission. No member of the General
7 Assembly nor anyone else who has been a member of the commission within the past year may be employed as executive director. The
8 executive director shall have the authority, with the approval of the commission, to employ and dismiss professional and support staff as
9 necessary to carry out the duties of the office.
10
11 Section 59-8-340. The Office of Research and Development shall examine the public education system to ensure that the system
12 and its components are functioning so that student learning is enhanced and shall recommend the repeal or modification of laws, policies,
13 and rules or regulations that deter school improvement. The responsibilities and duties of the Office of Research and Development are:
14 (1) to monitor and evaluate the implementation of the State standards and assessment;
15 (2) to oversee the development, establishment, implementation and maintenance of the accountability system;
16 (3) to evaluate the accountability system and its various parts and programs and report annually its findings and recommendations
17 in a report to the commission no later than February first of each year.
18 (4) to monitor and evaluate the functioning of the public education system and its components, programs, policies, and practices as
19 they relate to this chapter and to submit reports containing its findings and recommendations, as needed, to the PASS Commission and;
20 (5) to perform other studies and reviews as required by law.
21
22 Section 59-8-350. The responsibilities of this Office of Research and Development may not include fiscal audit functions or funding
23 recommendations except as they relate to accountability.
24
25 Section 59-8-360. In the performance of its duties and responsibilities, the Office of Research and Development and staff members
26 are subject to the provisions of law and penalties regarding confidentiality of records as they apply to students, schools, school districts,
27 the Department of Education, and the Board of Education.
28
29 Section 59-8-370. The State Department of Education, the State Board of Education, and the school districts and schools shall work
30 collaboratively with the Office of Research and Development to provide information needed to carry out the responsibilities and duties
31 of its office. The Office of Research and Development may call on the expertise of the state institutions of higher learning and any other
32 public agencies for carrying out its functions and may coordinate and consult with existing agency and legislative staff.
33
34 Article 5
35 State Standards and Assessment System
PART II PAGE 526
1 Section 59-8-500. The State Board of Education is directed to adopt specific performance-oriented state education standards in the
2 core academic areas of mathematics, English/language arts, science, and social studies (history, government, economics, and geography)
3 for kindergarten through twelfth grade whose elements promote the goals of providing every student with the competencies to:
4 (1) read, view, and listen to complex information in the English language;
5 (2) write and speak effectively in the English language;
6 (3) solve problems by applying mathematics;
7 (4) conduct research and communicate findings;
8 (5) understand and apply scientific concepts;
9 (6) obtain a working knowledge of world, United States, and South Carolina history, government, economics, and geography; and
10 (7) use information to make decisions.
11 These standards must have depth so that students are encouraged to learn at unprecedented levels and must be reflective of the highest
12 level of academic skills at each grade level. The purpose of these standards are to guide classroom instruction and to prepare students for
13 state, national, and international assessments.
14
15 Section 59-8-510. The commission shall provide for a cyclical review by academic area of the state standards to ensure that the
16 standards are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005.
17 The review with recommended revisions must be provided to the State Board of Education.
18
19 Section 59-8-520. (A) Notwithstanding any other provision of law, the State Board of Education, through the Department of
20 Education, is directed to develop, select, or adapt an objective and reliable statewide assessment program for grades two through eight,
21 objective and reliable end of course tests for gateway courses in English/language arts, mathematics, science, and social studies for grades
22 nine through twelve, and an objective and reliable exit exam as referenced in Section 59-30-10(f) designed to measure student performance
23 on state standards and which shall:
24 (1) identify areas in which students need additional support;
25 (2) indicate the academic achievement for schools, districts, state; and
26 (3) satisfy federal reporting requirements.
27 Regular testing in the subject areas of science, mathematics, English/language arts, and social studies, is not to be construed as
28 lessening the importance of foreign languages, visual and performing arts, health, physical education, and career/occupational programs.
29 (B) The standards based assessment must be administered to all public school students as defined by the 1997 reauthorization of the
30 Federal Individuals with Disabilities Education Act and Title 1 at the end of grades two through eight, end of course tests for grades nine
31 through twelve, and the exit examination must be administered for the first time at the end of grade ten. These assessments must be
32 administered as late as possible in the school year but early enough to allow preliminary assessment data to be received by the schools
33 annually no later than May fifteenth of each year. The State Board of Education shall establish a composite performance standard for each
34 test administered.
PART II PAGE 527
1 Section 59-8-525. Any new standards required to be developed and adopted by the State Board of Education, through the Department
2 of Education, must be developed and adopted upon the advice and consent of the PASS Commission.
3
4 Section 59-8-530. The Department of Education is directed to provide longitudinally matched student data from the standards based
5 assessments and disaggregated state assessment data to the schools and districts of the State. This data must be provided to the schools
6 and districts annually and be sufficient to inform teachers fully of student performance and differences in performance among various
7 subgroups. Data also must be presented in such a format that parents understand both school and individual student performance. Schools
8 and districts shall be responsible for disseminating this information to parents.
9
10 Section 59-8-540. After the first statewide field test of the assessment, the commission shall review the assessment for alignment
11 with the state standards, difficulty and validity, particularly content validity and high standards, and for its ability to differentiate levels
12 of achievement and shall make recommendations for needed changes, if any, to the assessment system. The review must be provided to
13 the State Board of Education, State Department of Education, the Governor, the Senate, and House of Representatives. The Department
14 of Education then shall report to the commission and these committees the changes made based on the recommendations to the assessment
15 system.
16
17 Section 59-8-550. The State Board of Education, through the State Department of Education, shall develop, select, or adapt a first
18 grade readiness test which is linked to the adopted grade one academic standards and a second grade readiness test which is linked to the
19 adopted grade two academic standards. The first administration of this test must occur no later than 2000-2001 school year. The results
20 of these tests may not be used to determine the absolute or improvement grade for a school.
21
22 Section 59-8-560. The State Board of Education, through the commission, is directed to select a norm referenced test to provide
23 comparisons of South Carolina students' achievement in relation to other students in the United States and around the world. The test must
24 be administered to a statistically valid random sample of students in at least five grades from grades 2 through 12 to give an accurate
25 portrayal of student achievement in relation to other states. The commission shall determine an appropriate sampling plan for the norm
26 referenced test that must be administered beginning in the 1998-99 school year. Student performance data from national and international
27 assessments, as available and as defined by the commission, must be used to monitor the rigor of the state standards.
28
29 Section 59-8-570. High schools shall offer state-funded PSAT or PLAN tests to each tenth grade student in order to assess and
30 identify curricular areas that need to be strengthened and re-enforced. Schools and districts shall use these assessments as diagnostic tools
31 to provide academic assistance to students whose scores reflect the need for such assistance. Schools and districts shall use these
32 assessments to provide guidance and direction for parents and students as they plan for postsecondary experiences.
33
34 Section 59-8-580. Beginning in the 1999-2000 school year, any student in grades two through eight who fails to meet the composite
35 performance standard established by the State Board of Education on the state assessment must be retained in his current grade or may
PART II PAGE 528
1 be provided academically based options for promotion to the next grade upon appeal to the local district board of trustees. Options districts
2 may choose from must be established by the commission. However, districts may submit additional options to retention to the commission
3 for approval. All options for the following school year must be submitted by April first of each year. The commission shall rule on
4 submitted options within sixty days.
5
6 Article 7
7 Report Cards and Indicators
8
9 Section 59-8-700. (A) The commission, working with the State Board of Education, is directed to establish an annual report card
10 and its format for elementary, middle, and high schools and school districts. The annual report card for districts and schools must serve
11 at least four purposes:
12 (1) to inform parents and the public about the school's status;
13 (2) to assist in the identification of strengths and weaknesses within a particular school;
14 (3) to reward schools for high performance; and
15 (4) to evaluate and focus resources on schools with low performance.
16 (B) The report card must describe the educational achievement relative to student performance on academic assessments, include
17 performance indicators which identify areas in which improvement may be desirable or necessary and which lead to increased academic
18 achievement, and contain an annual narrative of the school's progress written by the principal in conjunction with the School Improvement
19 Council. The narrative must cite factors or activities supporting progress and barriers which inhibit progress. The format of the report card
20 must include the state grading scale, the school's numerical score, and the equivalent letter grade. The report card must contain a school's
21 current year numerical score and letter grade as well as the previous four years information as applicable, and must contain other criteria
22 including, but not limited to, information on promotion and retention ratios, disciplinary incidents, expulsions, dropout ratios, student and
23 teacher ratios, and attendance data. The report card must be mailed to all parents of the school and the school district. The school, in
24 conjunction with the district board, must also inform the community of the school's report card by advertising the results in at least one
25 South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report
26 cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches)
27 with at least a twenty-four point bold headline.
28
29 Section 59-8-710. The commission shall develop a comprehensive set of school achievement measures and performance indicators
30 to be published in the annual report card and used to analyze schools' performances. Where appropriate, the indicators should yield
31 disaggregated results. The commission shall consider indicators that provide data in such areas as academic achievement; teachers and
32 administrators; teaching and learning; evaluation of the school by the parents, teachers, and students; curriculum; resources; and attendance
33 to include excused and unexcused student absences.
PART II PAGE 529
1 Section 59-8-720. The report card must focus on the academic performance of students in each school by considering information
2 on student progress and meeting academic standards in core subject areas. The student academic performance measures and, where
3 appropriate, other measures, must be given an absolute and improvement grade. The absolute grade must be based on the percentage of
4 students meeting standard on the state assessment as established by the State Board of Education. The improvement grade must be derived
5 from longitudinal matched student data comparing current performance to the previous year's performance for the purpose of determining
6 student academic growth.
7
8 Section 59-8-730. The commission, working with the State Board of Education, shall determine the criteria for measuring school
9 and district absolute and improvement performance using the rating scale of A' through F'. Only the scores of students enrolled in the
10 school at the time of the forty-five day enrollment count shall be used to determine the absolute and improvement grade of the school.
11
12 Section 59-8-740. Beginning in 1999, the Department of Education shall issue report cards to elementary schools, middle schools,
13 and districts of the State on absolute performance measures and indicators no later than November fifteenth. Beginning in 2000, and
14 annually thereafter, the Department of Education shall issue report cards to elementary schools, middle schools, and districts with both
15 absolute and improvement measures, and indicators. Beginning in 2001, the Department of Education shall issue report cards to high
16 schools of the State on absolute performance measures and indicators no later than November fifteenth. Beginning in 2002, and annually
17 thereafter, the Department of Education shall issue report cards to all schools and districts of the State with absolute measures,
18 improvement measures, and indicators.
19
20 Section 59-8-750. If a school receives an F' for its absolute grade on its report card for any year, the students at that school may
21 at their option transfer to any other school within the district. If a district has only one elementary, middle, or high school and it received
22 an F' for its absolute grade or if all such elementary, middle, or high schools in the district received an F', the students at those schools
23 may at their option transfer to a school in an adjoining school district and the adjoining district must accept these students as long as space
24 is available. Applicable state and federal funding per student shall follow the students to the adjoining districts. These students may
25 remain at the school to which they transferred until they finish the highest grade offered at that school.
26
27 Article 9
28 Local Accountability Plans
29 and School Awards
30
31 Section 59-8-900. The board of trustees of each school district shall ensure that a district accountability plan be developed, reviewed,
32 and revised annually for the purpose of guiding district and school staff in improving the academic performance of all students. School
33 districts having accountability plans must review their plans to ensure they reinforce the state accountability system. Parents, teachers,
34 and principals shall be involved in the development, review, and revisions of the district's accountability plan. Accountability plans must
35 be incorporated in school and district strategic plans. The plan must address criteria set forth by the commission to include, but not be
PART II PAGE 530
1 limited to, rewards, sanctions, and local support and resources targeted to schools in need of improvement. The department shall offer
2 technical support to any district requesting assistance in the development of an accountability plan. Furthermore, the department must
3 conduct a review of accountability plans as part of the peer review process required in Section 59-139-10(H) to ensure strategies are
4 contained in the plans that shall maximize student learning. The department shall submit plans for the peer review process to the
5 commission for approval. School districts not having an approved plan by August 1, 1999, shall be provided a plan by the department
6 within ninety days.
7
8 Section 59-8-910. The State Board of Education shall establish a state Palmetto Gold, Silver, and Bronze Award Program of
9 recognition and reward for schools with high levels of absolute performance and high rates of improvement based on longitudinally
10 matched student data and any other factors promoting or maintaining high levels of achievement and performance. Schools shall be
11 rewarded according to specific criteria established by the commission. No school is eligible for a reward unless the student achievement
12 performance standard is met. The State Board of Education shall promulgate regulations that ensure that the districts of the State utilize
13 these funds to improve or maintain exceptional performance in the schools.
14
15 Article 11
16 Assistance for Poorly Performing Schools
17
18 Section 59-8-1100. (A) For those schools which want to improve or because of poor results must improve, transformational actions
19 must be implemented. These actions must be accompanied by targeted long-term technical assistance depending upon the degree of weak
20 school performance.
21 (B) Any year a school is considered at the D' level as defined by the commission, the following actions must occur:
22 (1) the local board of trustees, in consultation with the superintendent and the school principal, shall review the school's strategic
23 plan to determine if the plan focuses on strategies to increase student academic performance and is being appropriately implemented;
24 (2) if needed, amendments must be made to the school strategic plan which addresses academic deficiencies, and the district board
25 and superintendent must delineate the support and strategies which the district shall give the plan;
26 (3) the school, in conjunction with the district board, must inform the parents of children attending the school that the school has
27 not met standards by advertising the results of the report card and the strategies outlined in their improvement plan to improve student
28 performance in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety
29 days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four
30 and one-half by ten inches) with at least a twenty-four point bold headline. The notice must include the following information: name of
31 school district, name of superintendent, district office telephone number, name of school, name of principal, telephone number of school,
32 school's absolute grade and improvement grade on student academic performance, and strategies which must be taken by the district and
33 school to improve student performance; and
34 (4) technical assistance may be requested from the department in the execution of the strategic plans.
PART II PAGE 531
1 Section 59-8-1110. Any year a school is considered at the F' level as defined by the commission, the following actions, in addition
2 to the actions for a D' level, must occur:
3 (1) a caretaker team of an equal number of parents from the district and educators for on-site review and targeted long-term technical
4 assistance shall be appointed by the department to determine the extent to which the instructional program is aligned with the content
5 standards and shall make recommendations which draw upon strategies from those who have been successful in raising academic
6 achievement in schools with similar student characteristics. The caretaker team may also make recommendations concerning the
7 continuation of employment of the school's administration, faculty, and staff. The commission in consultation with the State Department
8 of Education shall develop the criteria for the identification of persons to serve as members of a caretaker team; the parent members of
9 the caretaker team must be appointed pursuant to recommendations of the district's School Improvement Council so that a cross-section
10 of each district is represented on the team;
11 (2) teachers may apply to be considered for selection by the department to provide support in linking research-based best practices
12 to the classroom. Schools may hire teachers receiving incentive funding as defined in Section 59-8-1310 at a rate of one teacher for each
13 grade level with a maximum of five. These teachers shall be hired under three-year teaching and teacher-mentoring contracts for extended
14 work in school improvement. However, an annual review of school-wide assessment results must indicate a level of improvement as
15 defined within the contract that warrants continuation of the contract. In order to attract a pool of qualified applicants, the commission,
16 in consultation with the State Department of Education shall develop the criteria for the identification of teachers with a history of
17 exemplary student academic achievement for the state-funded incentive program. In addition to teaching duties, these teachers must work
18 with individual members of faculties in assigned schools emphasizing needed changes in classroom instructional strategies based upon
19 analyses of assessment data; support teachers in acquiring new skills designed to increase academic performance; participate as a member
20 of the caretaker team; and mentor teachers throughout the contract term;
21 (3) intensive professional development for the purpose of assisting teachers and principals in implementing the strategies defined by
22 the caretaker team must be provided; and
23 (4) upon a review of the recommendations made by the caretaker team, the department shall delineate the activities, support, services,
24 and technical assistance it will provide to the school.
25
26 Article 13
27 Incentives and Professional Development
28
29 Section 59-8-1300. In order to attract a pool of qualified applicants to work in low-performing schools, the commission, in
30 consultation with the Leadership Academy of the South Carolina Department of Education shall develop criteria for the identification of
31 principals with a history of exemplary student academic achievement for the state-funded incentive program. Local school districts may
32 hire principals, who have agreed to participate, from this pool to fill existing vacancies for three-year leadership contracts in order to link
33 research-based best practices to the school and classroom and to accelerate student achievement gains. However, an annual review of
34 school wide assessment results must indicate a level of improvement as defined within the contract that warrants continuation of the
35 contract. These principals shall be identified by the Leadership Academy in consultation with the commission. These principals must
PART II PAGE 532
1 work with individual members of faculties in assigned schools emphasizing needed changes in classroom instructional strategies based
2 upon analyses of assessment data; support teachers in acquiring new skills designed to increase academic performance; participate as a
3 member of the caretaker team; and provide intense monitoring of instruction throughout the contract term.
4
5 Section 59-8-1310. In order to effectively recruit teachers and principals with a history of exemplary student academic achievement
6 results an annual financial incentive wage must be offered. Teachers shall be eligible for a state-funded incentive wage equal to fifty
7 percent of the current southeastern average teacher salary as projected by the State Budget and Control Board, Office of Research and
8 Analysis. Principals shall be eligible to receive an incentive wage which must equal 1.264 times the teacher incentive wage. This
9 incentive wage must be paid by the State to principals and teachers who are selected and placed in low performing schools in addition to
10 their regular salary which must be paid by the district. This incentive wage must be paid only for the time placed at the designated low
11 performing school. This incentive wage must not be considered part of the regular salary base for which retirement contributions are
12 deductible by the South Carolina Retirement System pursuant to Section 9-1-1020. Principals and teachers who are selected and placed
13 in low performing schools as defined in Article 11 and Section 59-8-1300 shall be allowed to return to employment with their previous
14 district at the end of the contract period with the same teaching or administrative contract status as when he left, but without assurance as
15 to the school or supplemental position to which he may be assigned.
16
17 Section 59-8-1320. The commission shall provide for a comprehensive review of state and local professional development to include
18 principal leadership development and teacher staff development. The review must provide an analysis of training to include what
19 professional development is offered, how it is offered, the support given to implement skills acquired from professional development, and
20 how the professional development enhances the academic goals outlined in district and school strategic plans.
21
22 Section 59-8-1330. A subcommittee of the commission comprised of representatives of the business and industry and education
23 appointees shall explore alternatives for the development of an on-going public relations campaign to elicit support for the highest levels
24 of student achievement including how state agencies should incorporate awareness of public education issues and opportunities for
25 involvement into current public relations campaigns. The plan may integrate multiple media and communication efforts in addressing the
26 value of education, interpretation, and use of the accountability system's report card, and a showcase of proven effective practices. The
27 subcommittee shall issue a report of the plan to the commission, the Governor, the Senate, and the House of Representatives by July 1,
28 1999."
29
30 (B) Chapter 6 of Tittle 59 of the 1976 Code is repealed.
31
32 (C) The General Assembly shall establish a public school assistance fund as a separate fund within the state general fund for the purpose
33 of providing financial support to assist poorly performing schools. The fund may consist of grants, gifts, and donations from any public
34 or private source or monies that may be appropriated by the General Assembly for this purpose. Income from the fund shall be retained
35 in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in
PART II PAGE 533
1 the same manner as other funds under his control are invested. The State Board of Education, in consultation with the Commission, shall
2 administer and authorize any disbursements from the fund. The State Board of Education shall promulgate regulations to implement the
3 provisions of this section.
4
5 (D) The 1976 Code is amended by adding:
6
7 "Section 59-24-15. School administrators may be employed on an annual or multi-year contract and shall retain their contract status
8 as a teacher but shall not be granted contract or status as an administrator. Any such administrator who presently is under contract with
9 contract or status as an administrator shall retain that status until the expiration of that contract. Any teacher subject to the provisions of
10 this section is subject to the employment dismissal provisions of Article 3, Chapter 19 and Article 5, Chapter 25."
11
12 (E) Notwithstanding any provision of law, if a school district has adopted a policy permitting corporal punishment in certain situations,
13 the school district and any employee thereof is immune from any civil or criminal liability as a result of a student of the district being
14 administered corporal punishment in conformity with the district's policy, absent gross negligence or recklessness.
15
16 (F) This section takes effect upon approval by the Governor.
17