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COMMITTEE REPORT
April 1, 2003
S. 90
Introduced by Senators Hayes, Ravenel, Reese and Rankin
S. Printed 4/1/03--S.
Read the first time January 14, 2003.
To whom was referred a Bill (S. 90) to amend Section 59-18-1580, Code of Laws of South Carolina, 1976, relating to declaration of a state of emergency in a school district rated unsatisfactory, 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, in Section 59-18-1580 of the 1976 Code, as contained in SECTION 1, by striking item (2) of subsection (B) which begins on line 16, page 2, and inserting:
/ (2) mediate personnel matters between the district board and district superintendent when the State Board of Education is informed by majority vote of the board or the superintendent that the district board is considering dismissal of the superintendent, and the parties agree to mediation. /
Renumber sections to conform.
Amend title to conform.
WARREN K. GIESE for Committee.
EXPLANATION OF IMPACT:
Section (B) of the bill grants the State Superintendent of Education the authority to establish a training program for local school district board of trustees and superintendents and mediate personnel matters, which may or may not be necessary in each district. The State Department of Education (SDE) estimates the training cost for approximately nine trustees per district is $300 per member. Total annual training cost, if needed, would be $3,000 (9 trustees and 1 superintendent X $300) per unsatisfactory district. SDE estimates the mediation cost would be approximately $1,000 per district if the superintendent were being considered for dismissal.
Section (C) states at least two nonvoting members shall be appointed to each district declared unsatisfactory from a pool nominated by the Education Oversight Committee (EOC), and requires these additional trustees to be compensated by the State Board of Education. The EOC anticipates developing a pool of sixteen individuals to serve in this capacity and, therefore, the estimated training cost for these individuals is $4,800 (16 X $300). Although compensation varies widely among districts, SDE estimates the average is $4,000 annually. The estimated annual cost of compensation per unsatisfactory district is $8,000. Therefore, the total impact is between $12,800 (including training for a pool of sixteen nonvoting board members) and $16,800 annually per unsatisfactory school district.
There are currently two school districts designated as unsatisfactory. Since a funding source is not specified the impact could be on the General Fund of the State and/or the Education Improvement Act fund.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, 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 A MEDIATOR 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) mediate 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 mediation;
(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 may appoint at least two nonvoting members to the board from a pool nominated by the Education Oversight Committee and the State Department of Education. 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 the State Department of Education, 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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