General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998
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14 SECTION 3
15
16 TO AMEND CHAPTER 18 OF TITLE 59 OF THE 1976 CODE, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY
17 REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE
18 IN TEACHING AND LEARNING (EXCEL) ACT, TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS
19 FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE, TO ESTABLISH CRITERIA FOR THE ASSESSMENT,
20 EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE
21 STATEWIDE ACADEMIC PERFORMANCE STANDARDS, AND TO ESTABLISH AN OVERSIGHT COMMITTEE TO
22 MONITOR THE IMPACT AND IMPLEMENTATION OF THE EXCEL ACT; TO AMEND THE 1976 CODE BY ADDING
23 SECTION 59-24-5 SO AS TO PROVIDE FOR LEGISLATIVE FINDINGS IN REGARD TO SCHOOL ADMINISTRATORS; TO
24 AMEND SECTIONS 59-24-10, 59-24-30, BOTH AS AMENDED, AND 59-24-50, RELATING TO ASSESSMENT OF AND
25 DEVELOPMENT PLANS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR SUCH ASSESSMENTS
26 AND DEVELOPMENT PLANS; TO ADD SECTION 59-24-80 SO AS TO PROVIDE FOR A FORMAL INTRODUCTION
27 PROGRAM FOR FIRST-YEAR PRINCIPALS; TO AMEND SECTION 59-6-10, RELATING TO THE SELECT COMMITTEE
28 TO OVERSEE THE EIA, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE, THE MANNER IN WHICH ITS
29 MEMBERS ARE SELECTED, AND TO PROVIDE THAT IT SHALL ALSO MONITOR THE EXCEL ACT; TO ADD SECTIONS
30 59-6-100, 59-6-110, AND 59-6-120 SO AS TO ESTABLISH AN ACCOUNTABILITY DIVISION WITHIN THE SELECT
31 COMMITTEE AND PROVIDE FOR ITS DUTIES, FUNCTIONS, AND RESPONSIBILITIES; TO AMEND SECTION 59-29-10,
32 RELATING TO REQUIRED SUBJECTS OF INSTRUCTION, SO AS TO REQUIRE INSTRUCTION IN PHONICS; TO ADD
33 SECTION 59-63-65 SO AS TO PROVIDE THAT SCHOOL DISTRICTS WHICH CHOOSE TO REDUCE CLASS SIZE IN
34 FULL-DAY KINDERGARTEN PROGRAMS AND IN GRADES ONE THROUGH THREE SHALL BE ELIGIBLE FOR CERTAIN
PART II PAGE 520
1 STATE FUNDING, AND TO PROVIDE FOR THE IMPLEMENTATION OF THESE PROVISIONS; AND TO REPEAL SECTION
2 59-6-12 RELATING TO CERTAIN DUTIES AND RESPONSIBILITIES OF THE SELECT COMMITTEE.
3
4 A. This section shall be known and may be cited as the "South Carolina Performance and Accountability for Excellence in Teaching and
5 Learning (EXCEL) Act".
6
7 B. Chapter 18, Title 59 of the 1976 Code, as added by Act 194 of 1989, is amended to read:
8
9 "CHAPTER 18
10
11 QUALITY CONTROLS; REWARDING PRODUCTIVITY
12
13 EXCEL ACT
14
15 Section 59-18-10. Beginning in school year 1985-86, an incentive grant fund program must be established by the State Board of
16 Education, acting through the State Department of Education, to reward schools and school districts for exceptional or improved performance
17 for criteria such as: (a) student achievement gain; (b) student attendance; (c) teacher attendance; (d) student attitudes toward learning; (e) parent
18 participation; and (f) any other factors promoting or maintaining high levels of achievement and performance.
19 School districts will be rewarded according to specific criteria established by the State Board of Education.
20 The State Board of Education shall establish procedures whereby area vocational centers are eligible to receive incentive grant funds in
21 1986-87. Beginning with the 1987-88 school year, area vocational centers will be rewarded according to specific criteria established by the State
22 Board of Education.
23 No school, area vocational center, or school district is eligible for incentive grant funds unless the student achievement gain criterion is met.
24 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
25 school districts shall meet the criteria established by the State Board of Education. The State Board of Education shall promulgate regulations
26 that ensure that the districts of the State utilize these funds to improve or maintain exceptional performance in the schools pursuant to the above
27 criteria.
28
29 Section 59-18-11. By not later than the 1991-92 school year, reduction in dropout rates or maintenance of low dropout rates must be
30 included as an additional criterion in the school incentive reward program for rewarding secondary schools. By not later than the 1993-94 school
31 year, the criteria schools must meet to qualify for a school incentive award and must include exceptional or improved performance in higher
32 order thinking and problem solving, provided that two annual statewide administrations of tests validated for this purpose have been
33 accomplished.
34
PART II PAGE 521
1 Section 59-18-15. Notwithstanding any other provision of law, a school is given the flexibility of receiving exemptions from those
2 regulations and statutory provisions governing the Defined Minimum Program, the Basic Skills Assessment Program, and the
3 Remedial/Compensatory Program, provided that, during a three-year period, the following criteria are satisfied:
4 (1) the school has twice been a recipient of a school incentive grant pursuant to Section 59-18-10;
5 (2) the school has met annual NCE gain requirements for reading and mathematics compensatory programs pursuant to Section 59-5-65;
6 (3) the school has exhibited no recurring accreditation deficiencies; and
7 (4) the school has annually exhibited a school gain index value at or above the state average as computed in the school incentive grant
8 program pursuant to Section 59-18-10.
9 Schools receiving flexibility status are released from those regulations and statutory provisions referred to above including, but not limited
10 to, regulations and statutory provisions on class scheduling, class structure, and staffing. The State Board of Education in consultation with
11 the Select Committee and the Business-Education Subcommittee must promulgate regulations and develop guidelines for providing this
12 flexibility by December 1, 1989.
13 To continue to receive flexibility pursuant to this section, a school must annually exhibit a school gain index value at or above the state
14 average as computed in the school incentive award program pursuant to Section 59-18-10 and must meet the NCE gains required for reading
15 and mathematics compensatory education program pursuant to Section 59-5-65. A school which does not requalify for flexibility status due
16 to extenuating circumstances may apply to the State Board of Education for an extension of this status for one year.
17 In the event that a school is removed from flexibility status, the school is not subject to regulations and statutory provisions exempted under
18 this section until the beginning of the school year following notification of the change in status by the State Department of Education.
19 Subsequent monitoring by the State Department of Education in a school that is removed from flexibility status shall not include a review of
20 program records exempted under this section for the period that the school has received flexibility status or for the school year during which
21 the school was notified of its removal from flexibility status.
22
23 Section 59-18-25. To provide support and training for teachers and principals in their efforts to design and implement innovative
24 programs, the Commission on Higher Education, in consultation with the State Board of Education and the Select Committee, shall establish
25 a "Center for the Advancement of Teaching and School Leadership" at a selected public college or university. The center shall provide a program
26 for school change consisting of intensive short term institutes for teams of teachers and administrators who are committed to creating innovative
27 programs in their schools. Priority assistance must be given to schools which have received grants to implement innovative programs under
28 Section 59-18-20. The program must be provided through the center working in conjunction with other colleges and universities in various
29 regions of the State. School teams shall work with center staff and consultants to analyze the needs of the team's school and consider strategies
30 to bring about meaningful change from within the school. School teams shall set goals and analyze their roles and responsibilities in the change
31 process. An evaluation component must be developed for each school with input from the school team, the school district administration, center
32 staff, and consultants in school effectiveness and change. After school teams return to their schools, the center and cooperating colleges and
33 universities shall provide on-site support and expertise as needed by school teams. A portion of the funds for this program must be budgeted
34 for on-site assistance to school teams by the center and cooperating colleges and universities.
PART II PAGE 522
1 Section 59-18-30. Before January 1, 1985, the State Board of Education, in consultation with the Select Committee, shall develop criteria
2 for evaluating the quality of education in the school districts of the State. The criteria must include, but is not limited to:
3 (1) improvement of Statewide Testing Program (STP) and Basic Skills Assessment Program (BSAP) test results;
4 (2) dropout rate;
5 (3) accreditation deficiencies; and
6 (4) failure rate on the high school exit exam.
7 The State Board of Education shall develop regulations for the implementation of this section.
8 Prior to January 1, 1985, and by January 1 of each year thereafter, the State Department of Education shall apply the adopted criteria to
9 appropriate data collected for all school districts.
10 When the screening process indicates that all minimum criteria standards are met, the districts will be so notified by the Department of
11 Education. When the screening process indicates potential problems, technical assistance in resolving the potential problems will be offered
12 by the Department of Education.
13 When the screening process indicates that the quality of education in a given school district is seriously impaired, the State Superintendent,
14 with the approval of the State Board of Education shall appoint a Review Committee to study educational programs in that district and identify
15 factors affecting the impairment of quality and, no later than the end of the school year, make recommendations to the State Board of Education
16 for corrective action. Within 30 days thereafter the State Department of Education shall notify the superintendent and district board of trustees
17 of the recommendations approved by the State Board of Education. Such Review Committee shall be composed of State Department of
18 Education staff, representative(s) from selected school districts, representative(s) from higher education, and one or more non-educator(s).
19 If the recommendations approved by the State Board of Education are not satisfactorily implemented by the school district within six
20 months after receiving the recommendations, the State Superintendent, with the approval of the State Board of Education, shall be granted
21 authority to do any of the following:
22 (1) Declare a state of emergency in the school district. Within 30 days thereafter, the State Superintendent shall present evidence as to the
23 state of emergency to a called, joint meeting of the Education Committee's of the House of Representatives and the Senate. The State
24 Superintendent of Education, the superintendent of the district concerned, and the Chairman of the Board of Trustees for the district shall be
25 required to testify along with such other witnesses as the Committees may desire to call. Upon conclusion of the testimony, the joint
26 Committees, by vote of a majority of those Committee members present and voting, may either concur or nonconcur in the finding of a state
27 of emergency. If a majority of the Committee members concur with the finding of a state of emergency, the State Superintendent of Education
28 may cause state funds for any or all programs under the South Carolina Education Improvement Act of 1984 to be escrowed for the duration
29 of the emergency with the understanding that he may thereafter release funds from escrow for any program which he determines to have been
30 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
31 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
32 and thereupon the escrowed funds may be released to the district during the next twelve-month period as the State Superintendent may prescribe.
33 (2) Furnish continuing advice and technical assistance in implementing the aforementioned recommendations of the State Board of
34 Education.
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1 (3) Recommend to the Governor that the office of superintendent be declared vacant. The Governor may thereupon so declare after which
2 the superintendent may furnish an interim replacement until the vacancy is filled by the board of trustees.
3
4 Section 59-18-31. By the 1993-94 school year, the State Board of Education, in consultation with the Select Committee, shall develop
5 additional criteria which must be used to evaluate the quality of education in the school districts. The additional criteria must include measures
6 of higher order thinking skills and problem solving, when two annual statewide administrations of tests validated for this purpose have been
7 accomplished.
8
9 Section 59-18-100. Declaration of Legislative Purpose.
10 The General Assembly finds that South Carolinians have the widespread conviction that public education is vital; it is vital because it
11 enriches the human spirit, advances our society and culture, and leads to better jobs. It is the purpose of the General Assembly in this chapter
12 to establish a performance based accountability system for public education which focuses on improving teaching and learning so that students
13 meet state academic standards. Accountability, as defined by this chapter, means responsibility for both improving student performance and
14 for taking the necessary actions to improve classroom practice and school performance.
15 The system is to:
16 (1) link the policies and criteria for performance standards, accreditation, reporting, school rewards, and targeted assistance;
17 (2) use school and district accreditation and reporting to stress academic performance and to maintain a focus on the search for better ways
18 to teach all students;
19 (3) provide an annual report card to furnish clear and specific information about school and district academic performance and other
20 performance to parents and the public;
21 (4) require all districts to establish local accountability systems to stimulate quality teaching and learning practices and to target assistance
22 to low performing schools;
23 (5) increase coordinated, quality technical assistance to districts; and
24 (6) expand the ability to evaluate the system and to conduct in-depth studies on implementation, efficiency, and the effectiveness of
25 academic improvement efforts.
26
27 Section 59-18-110. The State Board of Education is directed to adopt grade specific academic educational standards in the core academic
28 areas of mathematics, English/language arts, social studies (history, government, economics, and geography), and science and for grades nine
29 through twelve to adopt specific academic standards for benchmark courses in mathematics, English/language arts, social studies, and science.
30 The standards must be reflective of the highest level of academic skills with the rigor necessary to improve the curriculum and instruction in
31 South Carolina's schools.
32
33 Section 59-18-120. (A) Notwithstanding any other provision of law, the State Board of Education, through the Department of Education,
34 is directed to develop a statewide assessment program to measure student performance on state standards and: (a) identify areas in which
PART II PAGE 524
1 students need additional academic support; (b) indicate the academic achievement for schools, districts, and the State based on the academic
2 standards established by the State Board of Education; and (c) reduce additional assessments needed to satisfy federal reporting requirements.
3 The State Board of Education is directed to develop standards based end of course assessments for benchmark courses in grades nine through
4 twelve.
5 While this legislation calls for assessment in the specific areas mentioned above, this should not be interpreted in a manner that diminishes
6 the importance of foreign languages, visual and performing arts, health, physical education and career/occupational programs.
7 (B) After the first statewide field test of the assessment program in each of the four academic areas, and after the field tests of the end of
8 course assessments of benchmark courses, the Select Committee, established in Section 59-6-10, will undertake reviews of the state assessment
9 program and the course assessments for alignment with the state standards, level of difficulty and validity, and for the ability to differentiate
10 levels of achievement, and will make recommendations for needed changes. As a part of the review, a task force of parents, business and
11 industry persons, community leaders, and regular and special education educators must examine the assessment program and course assessments
12 to determine rigor and relevancy. The review will be provided to the State Board of Education and the State Department of Education as soon
13 as feasible after the field tests. The Department of Education will then report to the Select Committee no later than one month after receiving
14 the reports on the changes made to the assessments to comply with the recommendations.
15 (C) After review and approval by the Select Committee, the standards based assessment of mathematics, English/language arts, social
16 studies, and science will be administered to all public school students to include those students as required by the 1997 reauthorization of the
17 Federal Individuals with Disabilities Education Act and by Title 1 at the end of grades three through eight. The exit examination in these four
18 academic areas will be administered at the end of grade ten. A standards based assessment will be developed for grades one and two for use
19 by schools and districts as deemed appropriate by the local district officials. For students with documented disabilities, the assessments
20 developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental
21 devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing
22 Students with Documented Disabilities. After review and approval by the Select Committee, the end of course assessments of benchmark
23 courses will be administered to all public school students as they complete each benchmark course.
24 (D) The State Board of Education, through the State Department of Education, shall adopt or adapt a first grade readiness test which is
25 linked to the adopted grade one academic standards. The first administration of this test must occur no later than the 2000-2001 school year.
26 The purpose of the test is to measure individual student readiness and it is not to be used as an accountability measure at the state level.
27 (E) All assessments required to be developed or adopted under the provisions of this section or chapter must be objective and reliable.
28 An objective and reliable statewide assessment' means assessments which yield consistent results and which measure the cognitive knowledge
29 and skills specified in the state-approved academic standards and does not include questions relative to personal opinions, feelings, or attitudes
30 and is not biased with regard to race, gender, or socioeconomic status. It is not intended that the assessments be limited to true/false or multiple
31 choice questions.
32
33 Section 59-18-130. The State Board of Education must establish a cyclical review by academic area of the state standards and the statewide
34 assessment program and the assessment of benchmark courses to ensure that the standards and assessments are maintaining high expectations
PART II PAGE 525
1 for teaching and learning. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators
2 must examine the assessment system to determine rigor and relevancy. At a minimum, each academic area should be reviewed and updated
3 every four years. After each academic area is reviewed, a report on the recommendations of the task force and on the changes to be made to
4 maintain high standards must be presented to the Select Committee for its consideration. After approval by the Select Committee, the
5 recommendations may be implemented.
6
7 Section 59-18-140. The State Board of Education, following the recommendations of the Accountability Division of the Select Committee,
8 established in Section 59-6-40, and working with the Department of Education, is directed to select a norm referenced test to obtain an
9 indication of student and school performance relative to national performance levels. The test shall be administered to a statistically valid
10 random sample of students only as the division considers necessary to evaluate the accountability system. Norm referenced testing undertaken
11 at the state level may not be used for individual diagnostic purposes.
12
13 Section 59-18-150. The Department of Education is directed to provide the assessment results on individual students and schools in a
14 manner and format that is easily understood by parents and the public. In addition, the school assessment results must be presented in a format
15 easily understood by the faculty and in a manner that is useful for curriculum review and instructional improvement. The school assessment
16 is to include information on the performance of subgroups of students within the school. The department must work with the Division of
17 Accountability in developing the formats of the assessment results.
18
19 Section 59-18-155. The criteria governing the adoption of instructional materials shall be revised by the State Board of Education to
20 require that the content of such materials must reflect the substance and level of performance outlined in the grade specific educational standards
21 adopted by the state board.
22
23 Section 59-18-160. (A) By November 1999, the State Board of Education, working with the Department of Education, must promulgate
24 regulations based on recommendations of the Accountability Division which outline the criteria to be used in the school accreditation system
25 which is based on:
26 (1) student academic performance standards;
27 (2) other student performance indicators and school progress in meeting district and school goals and objectives; and
28 (3) implementation of state policies and initiatives.
29 Student academic performance will be given the greatest weight in determining the level of accreditation to be awarded a school.
30 (B) The criteria to establish academic performance standards must examine the actual performance level of the school and evaluate the
31 rate of improvement over time in meeting the state's standards. The State Board of Education shall promulgate regulations establishing a rating
32 system which must be developed with five levels specified so that school performance is clearly characterized in language that parents and the
33 public understand.
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1 (C) Student performance indicators will be those considered useful for assessing a school's performance and appropriate for the grade levels
2 within the school. Dropout rate must be included in the indicators. In setting the standards for the academic standards and the performance
3 indicators, consideration must be given to performance by subgroups of students in the school. In establishing the criteria to be used,
4 longitudinally matched student data and measures using schools similar in student characteristics must be considered. The performance
5 standards and criteria must use established guidelines for statistical analysis and build on current data-reporting practices. The review of
6 progress in meeting school and district goals and standards will build on those outlined in the school and district strategic plans. Not later than
7 November 2000, the State Board of Education, based on recommendations of the division and working with the Department of Education, must
8 define the process to be followed for uniform collection of data.
9 (D) By November 2000, baseline standards must be established and beginning with November 2001, annually, five levels for accreditation
10 must be defined, with schools to be designated as successful, proficient, acceptable, on notice, and challenged based on the criteria established
11 by the state board. The State Board of Education shall promulgate regulations establishing an accreditation system for vocational centers and
12 school districts similar to that developed for the school accreditation system.
13 (E) The criteria, standards setting, and baseline standards for the accreditation system must be reviewed by the Select Committee prior
14 to their establishment by the State Board of Education.
15 (F) Until the assessment and performance standards required by this chapter are developed, the current program of testing and assessments
16 including BSAP testing shall continue to be used through the 1998-99 school year.
17
18 Section 59-18-170. Annual reporting of performance and accreditation.
19 (A) An annual report card on schools must provide consistent reporting of performance for the individual elementary, middle, and high
20 schools and vocational centers of the State. The school's rating on the academic performance standards must be emphasized and the
21 accreditation designation, and information on its significance for the school and the district must also be reported. A similar report card for
22 school districts must also be developed.
23 (B) The report card must include information on comparisons, trends, needs, and performance over time which is helpful to parents and
24 the public in evaluating the school. This information should also provide a context for the performance of the school. The report card should
25 include information in such areas as programs and curriculum, school leadership, community and parent support, and faculty qualifications.
26 Where appropriate, the data should yield disaggregated results when such a breakdown of particulars would provide information to schools
27 and districts in planning for improvement. In addition, the report card must provide information on the disciplinary climate in the school.
28 (C) The principal, in conjunction with the School Improvement Council, established in Section 59-20-60, must write an annual narrative
29 of a school's progress in order to further inform parents and the community about the school and its operation. The school's report card must
30 be furnished to parents and the public no later than November fifteenth.
31 (D) Beginning in 2001 and annually thereafter, the Department of Education must issue the report cards to the individual schools and
32 districts no later than November first. The format of the annual reports on schools and districts must be determined by the Accountability
33 Division, working with the Department of Education. Special efforts are to be made to ensure that the information contained in the report cards
PART II PAGE 527
1 is provided in an easily understood manner and a reader friendly format. The proposed format must be reviewed by the staffs of the Senate
2 and House Education committees and the Select Committee.
3 (E) No later than June 1, 1999, the Accountability Division must report on the development of the accreditation system criteria and the
4 report card to the Select Committee and the State Board of Education. A second report, to include uniform collection procedures for academic
5 standards and performance indicators, is due by September 1, 1999. By September 1, 2000, a report on the development of baseline data for
6 the schools is due.
7 (F) Charter schools established pursuant to Title 59, Chapter 40 will receive a performance rating and must issue a report card to parents
8 and the public containing the rating and explaining its significance and providing other information similar to that required of other schools
9 in this section. Alternative schools are included in the requirements of this chapter, however, the purpose of such schools must be taken into
10 consideration in determining their performance rating and accreditation designation.
11
12 Section 59-18-180. Recognition program for schools for exceptional or improved performance.
13 The State Board of Education, working with the division and the Department of Education, must establish the Palmetto Platinum, Gold,
14 Silver, and Bronze Awards Program to recognize and reward schools for academic achievement. Schools attaining high levels of absolute
15 performance will be given a Platinum or Gold Award. Schools attaining high rates of improvement shall be given the Silver or Bronze Award.
16 The award program must base performance on matched student data and must include such additional criteria as: (a) student attendance; (b)
17 teacher attendance; (c) student dropout rates; and (d) any other factors promoting or maintaining high levels of achievement and performance.
18 Schools and vocational centers must be rewarded according to specific criteria established by the state board in consultation with the
19 division. In defining eligibility for a reward for high levels of performance, student performance at all levels of achievement must demonstrate
20 improvement.
21 The State Board of Education must develop regulations that ensure that the schools and vocational centers of the State utilize these reward
22 funds to improve or maintain exceptional performance according to their school plans established in Section 59-139-10, including professional
23 development support.
24 Special schools for the academically talented are not eligible to receive an award pursuant to the provisions of this section unless they have
25 demonstrated improvement and high actual achievement for three years immediately preceding.
26
27 Section 59-18-190. Exemptions from certain requirements for exceptional performance.
28 (A) Notwithstanding any other provision of law, a school is given the flexibility of receiving exemptions from those regulations and
29 statutory provisions governing the Defined Minimum Program provided that, during a three-year period, the following criteria are satisfied:
30 (1) the school has twice been a recipient of a Palmetto Platinum, Gold, Silver, or Bronze Award, pursuant to Section 59-18-180;
31 (2) the school has met annual improvement standards for subgroups of students in reading and mathematics; and
32 (3) the school has exhibited no recurring accreditation deficiencies.
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1 (B) Schools receiving flexibility status are released from those regulations and statutory provisions referred to above including, but not
2 limited to, regulations and statutory provisions on class scheduling, class structure, and staffing. The State Board of Education in consultation
3 with the Select Committee must promulgate regulations and develop guidelines for providing this flexibility by December 1, 2001.
4 (C) To continue to receive flexibility pursuant to this section, a school must annually exhibit school improvement at or above the state
5 average as computed in the school recognition program pursuant to Section 59-18-180 and must meet the gains required for subgroups of
6 students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to
7 the State Board of Education for an extension of this status for one year.
8 (D) In the event that a school is removed from flexibility status, the school is not subject to regulations and statutory provisions exempted
9 under this section until the beginning of the school year following notification of the change in status by the State Department of Education.
10 Subsequent monitoring by the State Department of Education in a school that is removed from flexibility status shall not include a review of
11 program records exempted under this section for the period that the school has received flexibility status or for the school year during which
12 the school was notified of its removal from flexibility status.
13
14 Section 59-18-195. Notwithstanding any other provision of law, a school designated as on notice or challenged while in such status is given
15 the flexibility of receiving exemptions from those regulations and statutory provisions governing the Defined Minimum Program or other State
16 Board of Education regulations, dealing with the core academic areas established in Section 59-18-110, provided that the school's revised plan
17 explains why such exemptions are expected to improve the academic performance of the students and the plan meets the criteria pursuant to
18 Section 59-18-260.
19
20 Section 59-18-200. District Accountability Systems.
21 The State Board of Education, based on recommendations of the division and working with the Department of Education, must develop
22 regulations requiring that no later than August 1999, each school district, or consortium of school districts, must establish a performance based
23 accountability system, or modify its existing accountability system, to reinforce the state accountability system. Parents, teachers, and principals
24 must be involved in the development of the accountability system established by the district. Principals should be actively involved in the
25 selection, discipline, and dismissal of personnel in their particular school. The purpose of the district system is to stimulate constant
26 improvement in the process of teaching and learning in each school and to target additional local assistance for a school when its students'
27 performance is low or shows little improvement. The district accountability system must build on the district and school activities and plans
28 required in Section 59-139-10 and, therefore, the date the school improvement reports must be provided to parents is changed to February first.
29 Until such time as regulations pursuant to this section become effective, school district accountability systems must be developed, adopted,
30 and implemented in accordance with State Board of Education guidelines.
31
32 Section 59-18-210. Actions to be taken when a school is designated on notice' or challenged'.
33 (A) When a school receives an accreditation designation of on notice' or challenged', the following actions must be undertaken by the
34 school, the district, and the board of trustees:
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1 (1) The faculty of the school with the leadership of the principal must review its improvement plan and revise it with the assistance
2 of the school improvement council established in Section 59-20-60. The revised plan should look at every aspect of schooling, and must outline
3 activities that, when implemented, can reasonably be expected to improve student performance and increase the rate of student progress. The
4 plan should provide a clear, coherent plan for professional development, which has been designed by the faculty, that is ongoing, job related,
5 and keyed to improving teaching and learning. A time line for implementation of the activities and the goals to be achieved must be included.
6 (2) Once the revised plan is developed, the district superintendent is to identify the strategies the district will use to help the school
7 implement the improvement activities identified in the revised plan.
8 (3) The district board of trustees must review and approve the plan and delineate the support which the district will give the plan.
9 (4) After the approval of the revised plan, the principal's and teachers' professional growth plans, as required by Section 59-26-40
10 and Section 59-24-40, shall be reviewed and amended to reflect the professional development needs identified and establish individual
11 improvement criteria on the performance dimensions for the next evaluation.
12 (5) The school must inform the parents of children attending the school of the accreditation designation received from the State Board
13 of Education and must outline the steps in the revised plan to improve performance, including the support which the board of trustees has agreed
14 to give the plan. This information must go to the parents no later than February first and is to be provided annually until a school has received
15 the accreditation designation of acceptable' or above.
16 (B) The Department of Education must review the school's revised plan to ensure it contains sufficiently high standards and expectations
17 of improvement. Should the department determine that the plan, the district's strategies for assistance, or the time lines and goals require further
18 consideration, technical assistance must be provided the school, the district, and the local board of trustees in the areas found to need changes.
19 Upon a review of the revised plan by the Department of Education, the department is to delineate the activities, support, services, and technical
20 assistance it will provide to support the school's plan and sustain improvement over time. Schools meeting the criteria established pursuant
21 to Section 59-18-260 will be eligible for the grant programs created by that section.
22
23 Section 59-18-220. Additional actions to be taken when a school is designated as challenged'.
24 (A) When a school receives an accreditation designation of challenged' or when a low-performing school requests it, an external review
25 committee of at least three members must be assigned by the Department of Education to examine school and district educational programs,
26 actions, and activities. The activities of the external review committee may:
27 (1) examine all facets of school operations, focusing on strengths and weaknesses, to develop recommendations for improving student
28 performance with emphasis on needed changes in the classroom;
29 (2) work with school staff, central offices, and local boards of trustees in the design of the district's plan and implementation strategies
30 that can reasonably be expected to improve student performance and increase the rate of student progress in that school;
31 (3) identify needed support from the district, the State Department of Education, and other sources;
32 (4) identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board;
33 (5) report its recommendations, no later than three months after the school receives the designation of challenged', to the school, the
34 district board of trustees, and the State Board of Education; and
PART II PAGE 530
1 (6) report annually over the next four years, or as deemed necessary by the state board, on the district's and school's progress in
2 implementing the plans and recommendations and in improving student performance to the local board of trustees and the state board.
3 (B) The external review committee shall be selected from representatives from selected school districts, respected retired educators, State
4 Department of Education staff, and higher education representatives.
5 (C) The Department of Education must review the recommendations of the external review committee, the district plan, and the school's
6 revised plan to ensure it contains sufficiently high standards and expectations of improvement. Within thirty days, the Department of Education
7 must notify the principal, the superintendent, and the district board of trustees of the recommendations approved by the State Board of
8 Education. Upon the approval of the recommendations and the plans, the Department of Education is to delineate the activities, support
9 services, and technical assistance it will provide to support the district's and school's activities. This assistance will continue for at least three
10 years, or as determined to be needed by the review committee to sustain improvement, with the approval of the state board.
11 (D) If the recommendations approved by the state board, the district's plan, or the school's revised plan are not satisfactorily implemented
12 by the challenged' school and its school district according to the time line developed by the State Board of Education or if student academic
13 performance has not met expected progress, the principal, district superintendent, and members of the board of trustees must appear before
14 the State Board of Education to outline the reasons why a state of emergency should not be declared in the school. The State Superintendent,
15 after consulting with the external review committee and with the approval of the State Board of Education, shall be granted the authority to take
16 any of the following actions:
17 (1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education;
18 (2) declare a state of emergency in the school and replace the school's principal; or
19 (3) declare a state of emergency in the school and assume management of the school.
20
21 Section 59-18-230. Specialist on site for schools challenged'.
22 A Specialist on Site must be assigned to a school designated as challenged', if the review committee so recommends and is approved by
23 the State Board of Education. The specialist will assist the school in gaining knowledge of best practices and well-validated alternatives,
24 demonstrate effective teaching, act as coach for improving classroom practices, and give support and training to identify critical questions
25 regarding school improvement and professional development. The specialist assigned to the school must have expertise in an area identified
26 as a weakness by the assessment or the review committee. The specialist will work with the school faculty on a regular basis throughout the
27 school year and for up to two years, or as recommended by the review committee and approved by the state board, in order to sustain
28 improvement.
29 The Department of Education, in consultation with the division, shall develop a program for selecting and training exceptional educators
30 to serve as specialists on site. Retired educators may be considered for specialists. School districts are asked to cooperate in releasing
31 employees for full-time or part-time employment as a Specialist on Site. To encourage and recruit teachers for assignment to on notice and
32 challenged schools, those assigned to such schools will receive their salary and a supplement equal to fifty percent of the current southeastern
33 average teacher salary as projected by the State Budget and Control Board, Office of Research and Analysis; the salary and supplement is to
34 be paid by the State.
PART II PAGE 531
1 The Department of Education, in consultation with the division, shall develop a program for selecting and training exceptional principals
2 to serve as Principal Specialists on Site. Retired educators may be considered for Principal Specialists. A Principal Specialist may be assigned
3 to a school designated as challenged', if the review committee so recommends and is approved by the State Board of Education. The Principal
4 Specialist will assist the school in gaining knowledge of best practices and well-validated alternatives, demonstrate effective leadership for
5 improving classroom practices, assist in the analyses of assessment data; and give support to identify critical questions regarding school
6 improvement and professional development. To encourage and recruit principals for assignment to on notice and challenged schools, those
7 assigned to such schools will receive their salary and a supplement equal to 1.25 times the supplement amount calculated for teachers; the salary
8 and supplement are to be paid by the State.
9 The supplements are to be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina
10 Retirement System pursuant to Section 9-1-1020. For the purpose of determining average final compensation as defined in Section 9-1-10,
11 the supplement authorized in this section shall entitle a specialist to have added to their average final compensation at the time of retirement
12 an amount not to exceed an additional forty-five days' pay, based on the specialist's regular annual compensation at their home school location.
13 A specialist shall be entitled to fifteen days' pay, for the purposes of this section, for each year of service as a specialist on site. Principal and
14 Teacher Specialists on Site who are assigned to on notice or challenged schools shall be allowed to return to employment with their previous
15 district at the end of the contract period with the same teaching or administrative contract status as when they left but without assurance as to
16 the school or supplemental position to which they may be assigned.
17 For retired educators drawing benefits from the State Retirement System who are serving in the capacity of Principal or Teacher Specialist
18 on Site, the earnings limitations which restrict the amount of compensation that may be earned from covered employment while drawing benefits
19 under the State Retirement System do not apply to any compensation paid to them as an on-site specialist. However, no further contributions
20 may be made to the State Retirement System related to this compensation and no additional retirement benefits or credits may be received or
21 accrued.
22
23 Section 59-18-240. Certification credit for participation in professional development related to on notice' or challenged' schools.
24 Each teacher employed in schools designated as on notice' or challenged' who participate in the professional development activities and
25 the improvement actions of the school which go beyond the normal school day and year may earn credits toward recertification according to
26 the criteria established by the State Board of Education. To receive credit, the activities must include at least one of the following:
27 (1) summer institute with follow-up activities;
28 (2) practice of new teaching strategies with peers regularly throughout the school year;
29 (3) work with peer study groups during the academic year in planning lessons; and
30 (4) observing and coaching regularly in one another's classrooms.
31 The activities must be approved by the Department of Education and the department shall determine the amount of credit earned by the
32 participation.
33
34 Section 59-18-250. Formal mentoring program for principals of schools on notice' or challenged'.
PART II PAGE 532
1 Each principal employed in schools designated as on notice' or challenged' must participate in a formal mentoring program with a
2 principal. The Department of Education shall design the mentoring program and provide a stipend to those principals serving as mentors.
3
4 Section 59-18-260. Grants to schools designated as on notice' or challenged'.
5 The State Board of Education, working with the Accountability Division and the Department of Education, must establish grant programs
6 for schools designated as on notice' and for schools designated as challenged'. A school designated as on notice' will qualify for a grant to
7 undertake any needed retraining of school faculty and administration once the revised plan is determined by the State Department of Education
8 to meet the criteria on standards and activities. A school designated as challenged' will qualify for the grant program after the State Board
9 of Education approves its revised plan. A grant or a portion of a grant may be renewed annually over the next three years, if school and district
10 actions to implement the revised plan continue. Should student performance not improve, prior to renewing the grant, the revised plan must
11 be reviewed by the district and board of trustees and the State Department of Education to determine what other actions, if any, need to be taken.
12 A grant may be extended for up to an additional two years, if the State Board of Education determines it is needed to sustain academic
13 improvement. The funds must be expended based on the revised plan and according to criteria established by the State Board of Education.
14 Prior to extending any grant, the Accountability Division shall review school performance in the wise use of the previously awarded grant funds.
15 If deficient use is determined, those deficiencies must be identified, noted, and corrective action taken before a grant extension will be given.
16 The State Board of Education, working with the Department of Education and with the approval of the Select Committee, will develop
17 guidelines outlining eligibility for the grant programs and methods of distributing funds which will be in effect until such time as the
18 accreditation designations in Section 59-18-160 are implemented. In developing the eligibility guidelines, the board should consider criteria
19 similar to that used in the impaired district program, Section 59-18-30, in effect in 1997. Until such time as regulations are promulgated, the
20 funds shall be distributed on a per teacher basis for use only as outlined in the revised school plan.
21
22 Section 59-18-270. Actions to be taken when a school district is designated as on notice'.
23 (A) When a district receives an accreditation designation of on notice', the State Superintendent, with the approval of the State Board
24 of Education shall appoint an external review committee to study educational programs in that district and identify factors affecting the
25 performance of the district. The review committee must:
26 (1) examine all facets of school and district operations to develop recommendations for improving student performance;
27 (2) work with schools' staffs, central offices, and local boards of trustees in the design and implementation of a plan that can
28 reasonably be expected to improve student performance and increase the rate of student progress;
29 (3) identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board of
30 trustees;
31 (4) identify needed support from the Department of Education and other sources; and
32 (5) report its recommendations, no later than three months after the district receives the designation of on notice', to the district board
33 of trustees and the State Board of Education.
PART II PAGE 533
1 (B) Within thirty days the Department of Education must notify the superintendent and the district board of trustees of the recommendations
2 approved by the State Board of Education. Upon the approval of the recommendations, the Department of Education must delineate the
3 activities, support services, and technical assistance it will provide to support the recommendations and sustain improvement over time. The
4 external review committee must report annually over the next four years, or as deemed necessary by the state board, on the district's progress
5 in implementing the recommendations and improving student performance to the local board of trustees and the state board.
6 (C) The review committee shall be composed of State Department of Education staff and representatives from selected school districts,
7 higher education, and business.
8 (D) If the recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according
9 to the time line developed by the State Board of Education or if student performance has not made the expected progress and the school district
10 is designated as challenged', the district superintendent and members of the board of trustees must appear before the State Board of Education
11 to outline the reasons why a state of emergency should not be declared in the district. The State Superintendent, with the approval of the State
12 Board of Education, is granted authority to do any of the following:
13 (1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education;
14 (2) recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the
15 State Superintendent may furnish an interim replacement until the vacancy is filled by the board of trustees or until an election is held as
16 provided by law to fill the vacancy if the superintendent who is replaced is elected to such office. Local boards of trustees negotiating contracts
17 for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant
18 pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts;
19 (3) declare a state of emergency in the school district and assume management of the school district.
20
21 Section 59-18-280. State technical assistance to schools and districts.
22 To assist schools and school districts as they work to improve classroom practice and student performance, the Department of Education
23 must increase the delivery of quality technical assistance services and the assessment of instructional programs. The department may need to
24 reshape some of its organization and key functions to make them more consistent with the assistance required by schools and districts in
25 developing and implementing local accountability systems and meeting state standards. The Department of Education must:
26 (1) establish an on-going peer review process for school and district plans, including district and school accountability systems to ensure
27 the plans contain strategies that can reasonably be expected to improve student performance and increase the rate of student progress;
28 (2) establish an on-going state mechanism to promote successful programs found in South Carolina schools for implementation in schools
29 with similar needs and students, to review evidence on instructional and organizational practices considered to be effective, and to alert schools
30 and classroom teachers to these options and the sources of training and names of implementing schools;
31 (3) provide information and technical assistance in understanding state policies, how they fit together, and the best practice in implementing
32 them; and
33 (4) establish a process for monitoring information provided for accreditation and for assessing improvement efforts and implementation
34 of state laws and policies which focuses on meeting the intent and purpose of those laws and policies.
PART II PAGE 534
1 Section 59-18-290. Regional service centers established.
2 (A) To increase the delivery of quality technical assistance and professional development, the State Board of Education, working with the
3 Select Committee and the Department of Education, shall establish multi-school district regional centers for learning, teaching, and school
4 leadership. The purpose of the centers is to foster and sustain improvement over time by providing coordinated support and sustained, intensive
5 training for teachers and principals that is based on the specific needs of those schools and school districts included in the centers and on the
6 educational priorities of the State.
7 (B) There shall be no more than thirteen regional centers established across the State. In forming the centers, the State Board of Education
8 must take into consideration the existing boundaries of the Math and Science Hubs; however, the state board must also take into consideration
9 the boundaries and memberships of existing voluntary district consortia and must consult with the school districts. Where existing consortia
10 agree, the regional centers must be merged into the existing consortia structures. When the regional center is merged into an existing consortium
11 structure, the support provided by the individual school districts to that consortium must continue at least at the same level as prior to the
12 merger. However, those groups of districts which have boundaries of the Math and Science Hubs and the Tech Prep Consortium that coincide
13 may petition the State Board of Education to become a regional center and that petition must be granted. Each regional center shall have as
14 its governing board the district superintendents who shall serve as the designees of their respective boards of trustees from the school districts
15 to be served by the regional center and at least one business and industry representative from each school district elected by the members of
16 the Tech Prep executive board.
17 (C) These centers are empowered to hire a director and receive state, local, and federal funds that have been assigned to the centers by the
18 member school districts and are also empowered to spend those funds on behalf of the districts assigning those funds. The centers are eligible
19 to receive and expend funds from state and federal governments, school districts, and other public or private sources. Such funds shall be
20 reported in the same manner as that required of school districts. Center employees, who shall be hired by the director with the approval of the
21 governing board, shall be considered state employees for the purposes of retirement and fringe benefits.
22 (D) Each regional center will provide coordinated curriculum development and instructional planning assistance, professional development
23 which meets national standards for delivery, leadership training, assistance with implementation of teacher and principal evaluations, and such
24 other services as needed and desired by the schools and school districts within the center. The funding of the realigned Math and Science Hubs
25 and the Tech Prep Consortia shall continue to be used for the purposes set forth by federal requirements and the various state plans guiding
26 the hubs and consortia; however, the hubs' and Tech Prep Consortia's activities must be coordinated with one another and with the needs and
27 activities of the districts within the regional center in accordance with the directives of the center's governing board. The federal requirements
28 for the various advisory boards will be observed. In addition, the centers will serve as technology service areas for technology training,
29 assistance, and information. Each school district within its consortium is entitled to participate in those programs offered by the consortium
30 but no district is required to participate in any service.
31 (E) With the approval of the consortium governing board, the State Department of Education may assign agency personnel to that
32 consortium. The centers may work in conjunction with consultants and faculty from universities in the State. The technical colleges must
33 continue to work as partners in Tech Prep with the regional centers in which they are located and with the school districts in that regional center.
PART II PAGE 535
1 (F) The State Board of Education, working with the Select Committee and the Department of Education, must develop such policies and
2 regulations as may be needed for the proper administration of the regional centers. However, any policies and regulations should preserve the
3 independence of the regional centers and their boards. The Department of Education must consider reshaping its organization to focus its
4 technical assistance and service delivery through the regional centers.
5 (G) Five years after the establishment of the centers, the division must evaluate their effectiveness. The purpose of the evaluation is to
6 determine the effectiveness of the centers in providing training and technical assistance to the state's schools and school districts and to ensure
7 that each regional center is responsive to the needs of the schools and districts it serves.
8
9 Section 59-18-400. An on-going public information campaign must be established to apprise the public of the status of the public schools
10 and the importance of high standards for academic performance for the public school students of South Carolina, not only for the future of the
11 individual student but for the future of all our citizens. A special committee appointed by the Select Committee, and working with it,
12 representing business, industry, and education shall plan and oversee development of the campaign, including public service announcements
13 for the media and such other avenues as deemed appropriate for informing the public. Private individuals and groups are asked to contribute
14 to this endeavor. The Select Committee, established in Section 59-6-10, may accept such donations and grants; for every two dollars donated
15 by private individuals or groups for this purpose, the State shall contribute one dollar, from the state general fund, up to five hundred thousand
16 dollars. All such funds so received by the Select Committee must be used by the committee for its appropriate purposes provided by law.
17
18 Section 59-18-500. The State Board of Education, working with the Department of Education and the Select Committee, shall promulgate
19 regulations to fund no more than forty-six alternative schools, one in each county. Districts are authorized and encouraged to cooperate in
20 funding the alternative school. These schools must be at a site separate from other schools, unless operated at a time when those schools are
21 not in session. These schools shall provide appropriate services to middle or high school students who for academic or behavioral reasons are
22 not benefiting from the regular school program. The regulations must include guidelines to ensure that effective practices are adopted.
23 To be eligible for funding the school district(s) must develop a plan for the school which establishes a comprehensive program to address
24 student problems. State requirements for staffing may be waived if the plan meets the criteria and has a reasonable expectation of success.
25 The plan must include:
26 (1) the mission of the school;
27 (2) policy for the basis of enrollment in the school;
28 (3) a low pupil-teacher ratio, to include one-on-one assistance, independent computer assisted learning and distance learning;
29 (4) provision for transportation to the school;
30 (5) establishment of comprehensive staff development;
31 (6) appointment of a mentor teacher at the student's original school in order to ease transition back to that school should such a transfer
32 occur; and
33 (7) a process for community involvement and support.
PART II PAGE 536
1 The district(s) shall contract with the school for each student attending for an amount that is no less than the amount equal to that generated
2 by the student's EFA weight. Base funding for the alternative school shall be provided as available from the General Assembly.
3
4 Section 59-18-600. The Department of Education, in consultation with the division, shall develop a program to provide a supplemental
5 salary to teachers in the core academic areas defined in Section 59-18-110, who are selected to teach in schools designated as on notice or
6 challenged beginning with school year 2000-2001. The supplement will be equal to twenty percent of the southeastern average teachers' salary
7 and the funding will be distributed per eligible teacher by experience and degree obtained and on the EFA formula. The supplements are to
8 be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina Retirement System
9 pursuant to Section 9-1-1020. For the purpose of determining average final compensation as defined in Section 9-1-10, the supplement
10 authorized in this section shall entitle a specialist to have added to their average final compensation at the time of retirement an amount not to
11 exceed an additional forty-five days' pay, based on the specialist's regular annual compensation at their home school location. A specialist
12 shall be entitled to fifteen days' pay, for the purposes of this section, for each year of service as a specialist on site.
13
14 Section 59-18-700. The State Board of Education shall establish grant programs to fund homework centers in schools and districts
15 designated as on notice or challenged. Schools and districts receiving such designations must provide centers where students can come and
16 receive assistance in understanding and completing their school work. For homework centers meeting the criteria established by the board, funds
17 will be provided as appropriated by the General Assembly.
18
19 Section 59-18-800. The State Board of Education, through the Department of Education, shall establish a grant program to encourage
20 school districts to pilot test or implement a modified school year schedule. The purpose of the grant is to assist with the additional costs
21 incurred during the intersessions for salaries, transportation, and operations. For a district to qualify for a grant, all the schools within a specific
22 feeder zone or elementary-to-middle-to-high school attendance area, must be pilot testing or implementing the modified schedule.
23
24 Section 59-18-810. To obtain a grant, a district shall submit an application to the state board in a format specified by the Department of
25 Education. The application shall include a plan for implementing a modified year calendar that provides the following: more time for student
26 learning, learning opportunities that typically are not available in the regular student day, targeted assistance for students whose academic
27 performance is significantly below promotion standards, more efficient use of facilities and other resources, and evaluations of the impact of
28 the modified schedule. Local district boards of trustees shall require students whose performance in a core subject area such as English/
29 language arts, science, mathematics, or social studies is rated to be the equivalent of a D' average or below to attend the intersessions and
30 receive special assistance in the subject area and must outline other options the student must meet in order to qualify for promotion should the
31 student not attend the intersession as required. Funding for the program is as provided by the General Assembly in the annual appropriations
32 act. Each grant award for program pilot testing or implementation may not exceed a three-year period."
33
PART II PAGE 537
1 C. The State Board of Education, working with the Department of Education, must review the regulations regarding professional development
2 and revise them so they promote the use of state dollars for training which meets national standards for staff development.
3
4 D. The Accountability Division must conduct a review of the current organization and structure for state assisted programs and policies for
5 professional development. The review is to take into consideration the research on effective programs and to recommend better ways to provide
6 and meet the needs for professional development, including the use of the five contract days for in service.
7
8 E. Article 1, Chapter 24, Title 59 of the 1976 Code is amended by adding:
9
10 "Section 59-24-5. Legislative Findings.
11 The General Assembly finds that the leadership of the principal is key to the success of a school, and support for ongoing, integrated
12 professional development is integral to better schools and to the improvement of the actual work of teachers and school staff."
13
14 F. Sections 59-24-10 and 59-24-30 of 1976 Code, both as amended by Act 458 of 1996, are further amended to read:
15
16 "Section 59-24-10. Beginning with the school year 1996-97 1999-2000, any person appointed who is under consideration for appointment
17 as a principal for any elementary school, secondary school, or vocational center must be assessed for instructional leadership and management
18 capabilities by the Assessment Center Leadership Academy of the South Carolina Department of Education and a personal professional
19 development plan constructed on the basis of that assessment prior to or within one year of the date such appointment is made. A report of this
20 assessment must be forwarded to the district superintendent. The provisions of this section do not apply to any persons currently employed as
21 principals on the effective date of the provisions of this paragraph nor to any persons hired as principals before the beginning of school year
22 1996-97 1999-2000.
23 .
24 Section 59-24-30. All school administrators shall develop annually or update an on-going individual professional development plan with
25 annual updates which is appropriate for their role or position. This plan shall support both their individual growth and organizational needs.
26 Organizational needs must be defined by the districts' strategic plans or school renewal plans. The Department of Education shall assist school
27 administrators in carrying out their professional development plans by reviewing the school and district plans and providing or brokering
28 programs and services in the area of areas identified for professional development."
29
30 G. Section 59-24-50 of the 1976 Code is amended to read:
31
32 "Section 59-24-50. The By January 1, 1999, the South Carolina Department of Education's Leadership Academy shall develop, in
33 cooperation with school districts, district consortia, and state-supported institutions of higher education, new training programs and expand
34 current training programs available to present and prospective school administrators with particular emphasis on effective instructional
PART II PAGE 538
1 leadership continuous professional development programs which meet national standards for professional development and focus on the
2 improvement of teaching and learning. By July 1, 1999, programs funded with state funds must meet these standards and must provide training,
3 modeling, and coaching By January 1, 1990, these training programs must include an emphasis on effective instructional leadership as it pertains
4 to instructional leadership and school-based improvement, including instruction on the importance of school improvement councils and ways
5 administrators may make school improvement councils an active force in school improvement. The training must be developed and conducted
6 in collaboration with the School Council Assistance Project."
7
8 H. Article 1, Chapter 24, Title 59 of the 1976 Code is amended by adding:
9
10 "Section 59-24-80. Formal induction program for first year principals.
11 Beginning with school year 1999-2000, each school district, or consortium of school districts, shall provide school principals serving for
12 the first time as building administrators with a formalized induction program in cooperation with the State Department of Education. The State
13 Board of Education must develop regulations for the program based on the criteria and statewide performance standards which are a part of
14 the process for assisting, developing, and evaluating principals employed in the school districts. The program must include an emphasis on
15 the elements of instructional leadership skills, implementation of effective schools research, and analysis of test scores for curricular
16 improvement."
17
18 I. Section 59-6-10 of the 1976 Code is amended to read:
19
20 "Section 59-6-10. Oversight Committee.
21 In order to assist in, recommend, and supervise implementation of programs and expenditure of funds for the Performance and
22 Accountability for Excellence in Teaching and Learning (Excel) Act and the Education Improvement Act of 1984 there is created a the Select
23 Committee is to serve as the oversight committee for the act these acts. The Select Committee shall:
24 (1) review and monitor the implementation and evaluation of Excel and Education Improvement Act programs and funding;
25 (2) make programmatic and funding recommendations to the General Assembly;
26 (3) report annually to the General Assembly on the progress of the programs;
27 (4) recommend Excel Act and EIA program changes to state agencies and other entities as it considers necessary.
28 Each state agency and entity responsible for implementing the Performance and Accountability for Excellence in Teaching and Learning
29 Act and the Education Improvement Act funded programs shall submit annually to the Select Committee programs and expenditure reports
30 and budget requests as needed and in a manner prescribed by the Select Committee.
31 The committee consists of the following persons:
32 (1) Speaker of the House of Representatives or his designee and a member of the House of Representatives appointed by the Speaker;
33 (2) Lieutenant Governor President Pro Tempore or his designee and a member of the Senate appointed by the Lieutenant Governor
34 President Pro Tempore;
PART II PAGE 539
1 (3) Chairman of the Education and Public Works Committee of the House of Representatives or his designee;
2 (4) Chairman of the Education Committee of the Senate or his designee;
3 (5) State Superintendent of Education or his designee;
4 (6) Chairman of the Commission on Higher Education or his designee;
5 (7 5) Governor or his designee and a member appointed by the Governor;
6 (8 6) Chairman of the Ways and Means Committee of the House of Representatives or his designee;
7 (9 7) Chairman of the Finance Committee of the Senate or his designee;
8 (8) Four members representing business and industry who must have experience in business, management, or policy to be appointed as
9 follows: two by the Governor, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and
10 Public Works Committee;
11 (9) Four members representing education who shall be the State Teacher of the Year and the State Principal of the Year from the prior two
12 school years. The principal membership shall rotate among the elementary and high school principals of the year.
13 A member of the General Assembly shall serve as chairman. Any new appointees to the committee must be made no later than July 1, 1998.
14 Members of the committee shall meet no less than once a quarter and annually shall submit their findings and recommendations to the
15 General Assembly before March first of each fiscal year. The committee shall hire administrative staff as necessary to carry out its functions."
16
17 J. Chapter 6, Title 59 of the 1976 Code is amended by adding:
18
19 "Section 59-6-100. Establishment of division for monitoring.
20 Within the Select Committee, an Accountability Division must be established to report on the monitoring, development, and implementation
21 of the performance based accountability system and reviewing and evaluating all aspects of the Excel Act. A subcommittee of seven members
22 of the Select Committee (the four members representing business and industry, one appointed by the Governor from the members of the
23 committee, and two appointed by the chairman, one from the members appointed from the Senate and one from the members appointed from
24 the House of Representatives) will serve to advise and coordinate on a regular basis the work of the Accountability Division. The subcommittee
25 must elect its chair from one of the business and industry representatives. The division will provide information, recommendations, and an
26 assessment of the Excel Act to the Select Committee annually.
27 The division will employ, by a majority vote of the subcommittee, for a contract term of three years an executive director for the
28 Accountability Division. The director must be chosen solely on grounds of fitness to perform the duties assigned to him and must possess at
29 least the following qualifications: a demonstrated knowledge of public education, experience in program evaluation, and experience in a
30 responsible managerial capacity. No member of the General Assembly nor anyone who will have been a member for one year previously will
31 be contracted to serve as director. The director will have the authority to employ, with the approval of the subcommittee, professional and
32 support staff as necessary to carry out the duties of the division, which shall be separate from the administrative staff of the Select Committee.
33
PART II PAGE 540
1 Section 59-6-110. The division must examine the public education accountability system and the EIA to ensure that the system and its
2 components and the EIA programs are functioning for the enhancement of student learning. The division will recommend the repeal or
3 modification of statutes, policies, and rules that deter school improvement. The division must provide biannually its findings and
4 recommendations in a report to the Select Committee no later than February first. The division is to expand the ability to evaluate the system
5 and to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts as they relate to Excel
6 and submit reports containing its findings and recommendations, as needed, to the Select Committee.
7 The responsibilities of the division do not include fiscal audit functions or funding recommendations except as they relate to accountability.
8 It is not a function of this division to draft legislation and neither the director nor any other employee of the division shall urge or oppose any
9 legislation.
10 In the performance of it duties and responsibilities, the division and staff members are subject to the statutory provisions and penalties
11 regarding confidentiality of records as they apply to schools, school districts, the Department of Education, and the Board of Education.
12
13 Section 59-6-120. For the purposes of carrying out its duties and responsibilities, the Accountability Division shall have access to the
14 records and facilities of the Department of Education, the State Board of Education, and the school districts and schools during regular operating
15 hours. The division may call on the facilities and expertise of the state institutions of higher learning and any other tax supported agencies for
16 use by the division in carrying out its functions and may coordinate and consult with existing agency and legislative staff."
17
18 K. When parents are involved with their children's education, students achieve more, regardless of socio-economic status, ethnic/racial
19 background, or the parents' education level. The more extensive the parent involvement, the higher level of the student achievement. Therefore,
20 the Select Committee shall appoint a task force to review current state programs and policies for parent participation in their children's
21 education. The task force is to look for ways to encourage and induce parents to oversee and support student academic performance and
22 behavior that contributes to academic improvement. The membership of the task force should include: public school educators from rural,
23 urban, and suburban schools and districts; parents of public school children; social service representatives; and a juvenile justice representative.
24 The task force must be appointed no later than September 1, 1998, and shall provide its report and recommendations to the Select Committee
25 by October 15, 1999.
26
27 L. The Select Committee will study the foundation program, which has not been changed since 1973, review the cost of providing the base
28 student program, and the weights used to recognize the relative costs associated with providing services to pupils participating in different
29 educational programs. As a part of the study, the Select Committee will examine the cost of providing alternative schools and recommend an
30 appropriate weighting to be included in the Education Finance Act for students served in these schools. The committee shall report it findings
31 to the General Assembly no later than September 1, 1999.
32
33 M. Section 59-29-10 of the 1976 Code is amended to read:
34
PART II PAGE 541
1 "Section 59-29-10. The county board of education and the board of trustees for each school district shall see that in every school under
2 their care there shall be taught, as far as practicable, orthography, reading, writing, arithmetic, geography, English grammar and instruction
3 in phonics, the elements of agriculture, the history of the United States and of this State, the principles of the Constitutions of the United States
4 and of this State, morals and good behavior, algebra, physiology and hygiene (especially as to the effects of alcoholic liquors and narcotics upon
5 the human system), English literature, and such other branches as the state board may from time to time direct."
6
7 N. Title 59, Chapter 63 of the 1976 Code is amended by adding:
8
9 "Section 59-63-65. School districts which choose to reduce class size in full day kindergarten programs and in grades one through three
10 shall be eligible for funding for the reduced pupil-teacher ratio as funds are made available from the General Assembly. Local match is required
11 for the lower ratio funding based on the Education Finance Act formula. Boards of trustees of each school district may implement the lower
12 pupil-teacher ratio on a school by school basis but must attain an average district pupil-teacher ratio of fifteen to one based on average daily
13 membership in each grade within three years of beginning the reduction in class size in that grade.
14 Funding for the lower pupil ratio will be made available as follows:
15 (1) beginning with school year 1998-99, for kindergarten;
16 (2) beginning with school year 1999-2000, for grade one;
17 (3) beginning with school year 2000-2001, for grade two;
18 (4) beginning with school year 2001-2002, for grade three.
19 The pupil-teacher ratio required in this section is based on the district average daily membership in each grade; however, it is the intent
20 of the General Assembly that this ratio be implemented as much as possible on a school and class basis. District boards of trustees
21 implementing the reduced ratio on a school by school basis shall establish policies to give priority to reduce the ratios in schools with the highest
22 number of students eligible for the federal free and reduced lunch program and these students shall be given priority in implementing the reduced
23 class size. Unobligated funds which become available during the fiscal year will be redistributed to fund additional teachers on a prorated
24 basis."
25
26 O. Any additional expense created by programs or actions required by the State to comply with this section must be paid for by the State on
27 the EFA formula, if the state board, working with the Department of Education, has reviewed the cost and certified that it is accurate and due
28 to compliance with this section.
29
30 P. Sections 59-6-12 of the 1976 Code is repealed.
31
32 Q. The Department of Education must provide a copy of this section to every district superintendent and school principal in this State.
33
PART II PAGE 542
1 R. The catch line headings, or captions, which immediately follow the section designations, or those that immediately precede a section, are
2 for informational purposes only and must not be used to construe the sections more broadly or narrowly than the text of the sections would
3 indicate. The catch lines, or captions, are not part of the law.
4
5 S. This section takes effect upon approval by the Governor.
6