South Carolina General Assembly
113th Session, 1999-2000

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Bill 4335


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4335
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000111
Primary Sponsor:                  Harrell
All Sponsors:                     Harrell, Allison, Altman, Barrett, 
                                  Harrison, Hinson, Klauber, Leach, Loftis, 
                                  Perry, Rice, Riser, Robinson, Sandifer, 
                                  Sharpe, Vaughn, Webb, Wilkins, Witherspoon, 
                                  Young-Brickell, Littlejohn, Wilder, Keegan, 
                                  Simrill, Woodrum, Fleming, McGee, Haskins, 
                                  Meacham-Richardson, Seithel
Drafted Document Number:          l:\council\bills\gjk\20841sd00.doc
Residing Body:                    House
Subject:                          School districts, unsatisfactory grade of 
                                  school; students may transfer; Attendance


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000525  Debate adjourned until
                  Tuesday, 20000530
House   20000524  Debate interrupted
House   20000517  Committee report: majority             21 HEPW
                  favorable, with amendment,
                  minority unfavorable
House   20000317  Co-Sponsor added (Rule 5.2) by Rep.            Seithel
House   20000111  Introduced, read first time,           21 HEPW
                  referred to Committee
House   19991208  Prefiled, referred to Committee        21 HEPW


              Versions of This Bill
Revised on May 17, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

May 17, 2000

H. 4335

Introduced by Reps. Harrell, Allison, Altman, Barrett, Harrison, Hinson, Klauber, Leach, Loftis, Perry, Rice, Riser, Robinson, Sandifer, Sharpe, Vaughn, Webb, Wilkins, Witherspoon, Young-Brickell, Littlejohn, Wilder, Keegan, Simrill, Woodrum, Fleming, McGee, Haskins, Meacham-Richardson and Seithel

S. Printed 5/17/00--H.

Read the first time January 11, 2000.

            

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

To whom was referred a Bill (H. 4335), to amend the Code of Laws of South Carolina, 1976, by adding Section 59-18-935 so as to provide that students at a school which has received an "unsatisfactory" under the Education Accountability Act, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

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

"Section 59-18-935. (A) Beginning with the 2001-2002 school year, if a school receives an 'unsatisfactory' on its report card for the improvement rating for two consecutive years, students at that school may transfer to any other public school within the district or to a public school in another school district provided the receiving school has an improvement rating of 'average' or higher.

(B) Beginning with the 2003-2004 school year, if a school receives an 'unsatisfactory' on its report card for the absolute rating for two consecutive years, students at that school may transfer to any other public school within the district or to a public school in another school district provided the receiving school has an absolute rating of 'average' or higher.

(C) Receiving schools or districts may accept transfer students at the school district's option. Districts must establish policies outlining objective criteria and methodology to be used in determining the acceptance or rejection of students desiring to transfer. However, school districts are subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services. In addition, school districts may not discriminate based on the academic achievements of students. Should a student choose to transfer and is accepted to attend another public school outside of their district, the school district of residence may not prohibit such transfer. Schools or school districts refusing to accept transfer students must provide, in writing to the parents of the student, the reasons for refusing admittance.

(D) Under the provisions of this section, when a student transfers to another school district, the sending school district shall pay the receiving school district an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. School districts receiving transfer students shall count the transfer student for all funding sources, both state and federal.

(E) Transfer students may remain at the school to which they transferred until they finish the highest grade offered at that school.

(F) The State, through funds appropriated by the General Assembly, shall provide transportation to all students choosing to transfer to another public school within their district or to another public school in an adjoining district."

SECTION 2. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to read:

/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-935 SO AS TO PROVIDE THAT BEGINNING WITH THE 2001-2002 SCHOOL YEAR, STUDENTS AT A SCHOOL WHICH HAS RECEIVED AN "UNSATISFACTORY" ON ITS REPORT CARD UNDER THE EDUCATION ACCOUNTABILITY ACT FOR ITS IMPROVEMENT RATING FOR TWO CONSECUTIVE YEARS MAY TRANSFER TO ANOTHER SCHOOL WITHIN OR WITHOUT THE DISTRICT, TO PROVIDE THAT BEGINNING WITH THE 2003-2004 SCHOOL YEAR, STUDENTS AT A SCHOOL WHICH HAS RECEIVED AN "UNSATISFACTORY" ON ITS REPORT CARD UNDER THE EDUCATION ACCOUNTABILITY ACT FOR ITS ABSOLUTE RATING FOR TWO CONSECUTIVE YEARS MAY TRANSFER TO ANOTHER SCHOOL WITHIN OR WITHOUT THE DISTRICT, AND TO PROVIDE THE CRITERIA AND PROCEDURES FOR SUCH TRANSFERS INCLUDING A TRANSFER OF FUNDING FOR THAT STUDENT IF TRANSFERRING TO ANOTHER DISTRICT. /

Renumber sections to conform.

Amend totals and title to conform.

Majority favorable. Minority unfavorable.

RONALD P. TOWNSEND JOSEPH H. NEAL

For Majority. For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

A Cost to the General Fund (See Below)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The State Department of Education (SDE) states that approximately 400,000 children are provided school bus transportation each academic year. SDE estimates that as many as 275 (25%) of the state's 1,107 schools may receive an 'unsatisfactory' rating under the report card grading system. Therefore, approximately 100,000 children may be eligible for transportation to another school either within their district or outside of their resident district.

According to SDE the average annual cost of transportation per child is $210 which includes fuel, oil and bus driver's salary. Therefore, if fifty percent of the affected students chose to attend another in-district school, the impact can be estimated at $10,500,000. Maximum cost can be estimated at $21,000,000 if all affected students transfer to another in-district school. Actual cost would vary, and could increase, depending on how many students choose to attend a school outside of their resident district, the distance to those schools, and how many additional school buses may have to be purchased to provide transportation.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-935 SO AS TO PROVIDE THAT STUDENTS AT A SCHOOL WHICH HAS RECEIVED AN "UNSATISFACTORY" UNDER THE EDUCATION ACCOUNTABILITY ACT FOR ITS IMPROVEMENT OR ABSOLUTE GRADE ON ITS REPORT CARD FOR ANY YEAR MAY TRANSFER AT THEIR OPTION TO ANY OTHER SCHOOL WITHIN THE DISTRICT OR TO ANOTHER SCHOOL DISTRICT, AND TO PROVIDE FOR PROCEDURES NECESSARY TO ACCOMPLISH THE ABOVE INCLUDING A TRANSFER OF FUNDING FOR THAT STUDENT IF TRANSFERRING TO ANOTHER DISTRICT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 59-18-935. If a school receives an 'unsatisfactory' under the Education Accountability Act for its improvement or absolute grade on its report card for any year, the students at that school may at their option transfer to any other school within the district or to another school district. The other district may accept these students as long as space is available. The school district of residence may not prohibit such transfer. In the event the student transfers to another district under the provisions of this section, the school district where the child resides shall pay to the school district where the child is transferring an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; and the school district where the child is transferring shall be able to count the child for all funding sources, both state and federal. These students may remain at the school to which they transferred until they finish the highest grade offered at that school."

SECTION 2. This act takes effect upon approval by the Governor.

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