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COMMITTEE REPORT
February 28, 2002
H. 4421
S. Printed 2/28/02--H.
Read the first time January 8, 2002.
To whom was referred a Bill (H. 4421) to amend Section 59-18-1580, Code of Laws of South Carolina, 1976, relating to designation of a school district as unsatisfactory pursuant to the Education Accountability Act, etc., respectfully
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 item (2), subsection (B) of Section 59-18-1580 of the 1976 Code, as contained in SECTION 1, and inserting:
/ (2) arbitrate personnel matters between the district board and district superintendent when the State Board of Education is informed that the district board is considering dismissal of the superintendent, and the parties agree to arbitration; /
Renumber sections to conform.
Amend totals and title to conform.
RONALD P. TOWNSEND for Committee.
TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-18-1580 of the 1976 Code, as added by Act 400 of 1998, is amended to read:
"Section 59-18-1580. (A) If recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according 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 is designated as unsatisfactory, the district superintendent and members of the board of trustees must shall appear before the State Board of Education to outline the reasons why a state of emergency should must not be declared in the district.
(B) The state superintendent, with the approval of the State Board of Education, is granted authority to do any of the following:
(1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education to include establishing and conducting a training program for the district board of trustees and the district superintendent to focus on roles and actions in support of increases in student achievement;
(2) arbitrate personnel matters between the district board and district superintendent when the State Board of Education is informed that the district board is considering dismissal of the superintendent;
(3) recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the state superintendent may furnish an interim replacement until the vacancy is filled by the district board of trustees or until an election is held as provided by law to fill the vacancy if the superintendent who is replaced is elected to such office. District boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts;
(3)(4) declare a state of emergency in the school district and assume management of the school district.
(C) The district board of trustees shall appoint at least two nonvoting members to the board from a pool nominated by the Education Oversight Committee. The appointed members shall have demonstrated high levels of knowledge, commitment, and public service, must be recruited and trained for service as appointed board members by the Education Oversight Committee, and shall represent the interests of the State Board of Education on the district board. Compensation for the nonvoting members must be paid by the State Board of Education in an amount equal to the compensation paid to the voting members of the district board."
SECTION 2. This act takes effect upon approval by the Governor.
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