NO. 36
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 99:5: "Extol the Lord our God; worship at his footstool. Holy is He!"
Let us pray. Help us to make time with You a priority, O God. With Your help give us the patience to build a relationship with You. Merciful God, You hear our prayers and outreach for Your help. Lord, we pray for this House and for the work carried out by women and men who care about this State. Give them the power, strength, and courage to do what is necessary for all of us. Bless our defenders of freedom and first responders who care for and protect us. Look in favor upon our Nation, President, State, Governor, Speaker, staff, and all who give of their time and talents for this great cause. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ERICKSON moved that when the House adjourns, it adjourn in memory of former Lieutenant Governor William Brantley Harvey, Jr., which was agreed to.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Young
Rep. THIGPEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 28.
The SPEAKER granted Rep. YOW a leave of absence for the day to attend a family funeral.
The SPEAKER granted Rep. WILLIS a temporary leave of absence.
Announcement was made that Dr. Bryan T. Green of Greenwood was the Doctor of the Day for the General Assembly.
Reps. BERNSTEIN and FINLAY presented to the House the Hammond School Football Team, coaches, and other school officials.
Rep. MARTIN presented to the House the Mid-Carolina High School Competitive Cheer Team, coaches, and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3064 (Word version)
Date: ADD:
03/06/19 R. WILLIAMS, JEFFERSON, BENNETT, DANING, DAVIS, GILLIARD, TRANTHAM, MACK and PENDARVIS
Bill Number: H. 3086 (Word version)
Date: ADD:
03/06/19 STAVRINAKIS and MCCOY
Bill Number: H. 3108 (Word version)
Date: ADD:
03/06/19 TOOLE
Bill Number: H. 3116 (Word version)
Date: ADD:
03/06/19 FRY and CRAWFORD
Bill Number: H. 3130 (Word version)
Date: ADD:
03/06/19 WOOTEN
Bill Number: H. 3145 (Word version)
Date: ADD:
03/06/19 WHEELER and BLACKWELL
Bill Number: H. 3201 (Word version)
Date: ADD:
03/06/19 FRY and CRAWFORD
Bill Number: H. 3254 (Word version)
Date: ADD:
03/06/19 DANING
Bill Number: H. 3257 (Word version)
Date: ADD:
03/06/19 CLARY and WOOTEN
Bill Number: H. 3258 (Word version)
Date: ADD:
03/06/19 CLARY and WOOTEN
Bill Number: H. 3263 (Word version)
Date: ADD:
03/06/19 BALES
Bill Number: H. 3305 (Word version)
Date: ADD:
03/06/19 TOOLE
Bill Number: H. 3357 (Word version)
Date: ADD:
03/06/19 HIXON
Bill Number: H. 3596 (Word version)
Date: ADD:
03/06/19 JOHNSON, V. S. MOSS, STRINGER, WILLIS, BAILEY, ELLIOTT, B. COX, MAGNUSON, CLARY, HIXON, MARTIN, DAVIS, MACE, KIMMONS, BENNETT, BRADLEY, JORDAN, FINLAY, GAGNON and MCDANIEL
Bill Number: H. 3632 (Word version)
Date: ADD:
03/06/19 HERBKERSMAN
Bill Number: H. 3725 (Word version)
Date: ADD:
03/06/19 STAVRINAKIS and MCCOY
Bill Number: H. 3759 (Word version)
Date: ADD:
03/06/19 TOOLE and S. WILLIAMS
Bill Number: H. 3778 (Word version)
Date: ADD:
03/06/19 STAVRINAKIS
Bill Number: H. 3780 (Word version)
Date: ADD:
03/06/19 COBB-HUNTER
Bill Number: H. 3804 (Word version)
Date: ADD:
03/06/19 B. COX and ELLIOTT
Bill Number: H. 4157 (Word version)
Date: ADD:
03/06/19 CLEMMONS
The following Bill was taken up: H. 3294 (Word version) -- Reps. Crawford, McCravy, Huggins, Burns, V. S. Moss, Long, G. R. Smith, Trantham, Fry, Norrell, Erickson and Clemmons: A BILL TO AMEND SECTION 63-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF INFANTS AT DESIGNATED LOCATIONS WITHOUT CRIMINAL LIABILITY, SO AS TO ALLOW THE PLACEMENT OF AN INFANT NOT MORE THAN ONE YEAR OLD AT A SAFE HAVEN AND TO CHANGE THE DEFINITION OF "INFANT".
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Loftis Long Lowe Lucas Mace Magnuson McCoy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham West White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up:
H. 3973 (Word version) -- Reps. Crawford, Mace, Erickson, Thayer, Davis, Magnuson, Bennett, Allison, Bernstein, Cobb-Hunter, Henegan, McDaniel, Norrell, Funderburk, Brawley, Simmons, Henderson-Myers, Robinson, Collins, Calhoon, Dillard, Kimmons, Trantham, Caskey, Weeks and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 3, TITLE 16 SO AS TO PROHIBIT GENITAL MUTILATION OF A FEMALE UNDER THE AGE OF EIGHTEEN YEARS AND TO CREATE THE OFFENSE OF FEMALE GENITAL MUTILATION OF A MINOR; AND TO AMEND SECTION 63-7-20, AS AMENDED, RELATING TO TERMS DEFINED IN THE CHILDREN'S CODE, SO AS TO ADD FEMALE GENITAL MUTILATION OF A MINOR TO THE DEFINITION OF "CHILD ABUSE OR NEGLECT" OR "HARM".
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Erickson Felder Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Robinson Rose Sandifer G. M. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham West White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
The Bill was read the third time and ordered sent to the Senate.
I was working on a delegation matter during the vote on H. 3973. If I had been present, I would have voted in favor of the Bill.
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3029 (Word version) -- Reps. Fry, B. Newton, Crawford and Clemmons: A BILL TO AMEND SECTION 7-17-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE EXECUTIVE COMMITTEES TO HEAR CERTAIN PROTESTS AND CONTESTS, SO AS TO REQUIRE THE STATE EXECUTIVE COMMITTEES ALSO TO HEAR PROTESTS AND CONTESTS IN THE CASE OF COUNTY OFFICERS AND LESS THAN COUNTY OFFICERS; AND TO REPEAL SECTIONS 7-17-530, 7-17-540, AND 7-17-550 RELATING TO HEARINGS BY COUNTY EXECUTIVE COMMITTEES AND APPEALS FROM DECISIONS OF COUNTY EXECUTIVE COMMITTEES.
H. 4111 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF SOCIAL WORK EXAMINERS, RELATING TO CONTINUING EDUCATION ADVISORY COMMITTEE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4864, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4112 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF VETERINARY MEDICAL EXAMINERS, RELATING TO VETERINARY MEDICINE AND ANIMAL SHELTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up: H. 3243 (Word version) -- Reps. Bernstein, W. Cox, Fry and Clemmons: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF SPECIFIED FILING AND RECORDING FEES, SO AS TO REVISE AND FURTHER PROVIDE FOR VARIOUS FILING FEES, INCLUDING A FLAT FEE OF TWENTY-FIVE DOLLARS FOR CERTAIN DOCUMENTS FILED OR RECORDED WITH THE REGISTER OF DEEDS OR CLERKS OF COURT, AND A FLAT FEE OF TEN DOLLARS FOR CERTAIN OTHER DOCUMENTS FILED OR RECORDED WITH THE REGISTER OF DEEDS OR CLERKS OF COURT, AS APPROPRIATE, AND TO PROVIDE EXCEPTIONS.
Rep. BERNSTEIN moved to adjourn debate on the Bill until Tuesday, March 19, which was agreed to.
The following Joint Resolution was taken up:
H. 4113 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - AUCTIONEERS' COMMISSION, RELATING TO AUCTIONEERS' COMMISSION (REPEAL SPECIFIC REGULATIONS), DESIGNATED AS REGULATION DOCUMENT NUMBER 4846, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brown Bryant Burns Calhoon Chellis Chumley Clary Clemmons Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Hayes Henegan Herbkersman Hewitt Hill Hiott Hosey Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Robinson Rose Sandifer Simmons G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up: H. 4114 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, RELATING TO HEARING PROCEDURES (REVIEW AND ENFORCEMENT), DESIGNATED AS REGULATION DOCUMENT NUMBER 4830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Bales Ballentine Bennett Blackwell Bradley Brown Bryant Burns Calhoon Chellis Chumley Clary Clemmons Clyburn Cogswell Collins B. Cox Crawford Davis Dillard Elliott Erickson Felder Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Loftis Long Lowe Lucas Mace Magnuson Martin McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4115 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, RELATING TO NOTICES TO BE POSTED, DESIGNATED AS REGULATION DOCUMENT NUMBER 4828, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Bradley Brawley Brown Burns Calhoon Chumley Clary Clemmons Cobb-Hunter Cogswell Collins B. Cox Crawford Daning Davis Dillard Elliott Erickson Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hosey Huggins Jefferson Johnson Kimmons King Kirby Loftis Long Lucas Mace Magnuson Martin McCoy McCravy McDaniel Morgan D. C. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Toole Trantham Weeks West White Whitmire R. Williams Wooten
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4116 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO REAL ESTATE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4821, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Rep. HUGGINS moved to recommit the Joint Resolution to the Committee on Regulations and Administrative Procedures, which was agreed to.
The following Joint Resolution was taken up:
H. 4117 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF NURSING, RELATING TO CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4863, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Dillard Elliott Erickson Finlay Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Govan Hayes Henderson-Myers Henegan Herbkersman Hill Hiott Hosey Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lowe Mace Magnuson Martin McCoy McCravy Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Ridgeway Rivers Robinson Rose Rutherford Sandifer Sottile Spires Stavrinakis Stringer Tallon Thayer Toole Trantham West White R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4118 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS AND MARITAL AND FAMILY THERAPISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4862, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
Rep. HILL spoke against the Joint Resolution.
Rep. HUGGINS spoke in favor of the Joint Resolution.
Further proceedings were interrupted by the time expiring on the uncontested calendar.
Rep. FINLAY moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution:
H. 4118 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS AND MARITAL AND FAMILY THERAPISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4862, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bamberg Bannister Bernstein Blackwell Bradley Burns Calhoon Chellis Chumley Clary Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Kimmons King Ligon Loftis Long Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss B. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Simrill G. R. Smith Sottile Spires Stringer Tallon Thigpen Toole Trantham Weeks West White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
Hill
So, the Joint Resolution was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 4118. If I had been present, I would have voted in favor of the Joint Resolution.
Rep. Wm. Weston Newton
The following Joint Resolution was taken up:
H. 4119 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, RELATING TO GENERAL LICENSING PROVISIONS; SPEECH-LANGUAGE PATHOLOGY ASSISTANTS; AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4858, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Bales Ballentine Bamberg Bannister Bernstein Blackwell Bradley Brown Bryant Burns Calhoon Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4122 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - PANEL FOR DIETETICS, RELATING TO LICENSURE BY REGISTRATION; AND LICENSURE BY ENDORSEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4851, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bamberg Bannister Bernstein Blackwell Bradley Brown Bryant Burns Calhoon Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Thigpen Toole Trantham Weeks West White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up: H. 4123 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO LONG TERM HEALTH CARE ADMINISTRATORS BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 4844, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bamberg Bannister Blackwell Bradley Brown Bryant Burns Calhoon Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Kimmons King Kirby Ligon Loftis Long Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4124 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF PHARMACY, RELATING TO ADMINISTRATIVE CITATIONS AND PENALTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4822, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Blackwell Bradley Brown Bryant Burns Calhoon Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Loftis Long Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up: S. 326 (Word version) -- Senators Massey, Setzler, Malloy, Turner, Alexander and Young: A JOINT RESOLUTION TO DIRECT THE STATE LAW ENFORCEMENT DIVISION TO DISTRIBUTE TWO HUNDRED FIFTY THOUSAND DOLLARS TO THE SOUTH CAROLINA STATE FIREFIGHTERS ASSOCIATION TO PROVIDE FOR POST TRAUMATIC STRESS DISORDER INSURANCE AND PROGRAMS.
Rep. SIMRILL moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Bill was taken up: H. 3759 (Word version) -- Reps. Lucas, Allison, Felder, Pope, Simrill, Rutherford, Whitmire, G. M. Smith, McCoy, Hiott, Sandifer, Clary, G. R. Smith, Murphy, Taylor, Govan, W. Newton, Funderburk, Elliott, B. Newton, Weeks, Hewitt, Bailey, Hixon, Calhoon, Bennett, Young, Norrell, Hyde, Jordan, Bamberg, Ligon, Sottile, Cogswell, Daning, Loftis, Burns, Wheeler, Kirby, Tallon, Caskey, West, Collins, Forrester, Spires, Thayer, Wooten, Huggins, Willis, Herbkersman, Stringer, Erickson, Bradley, McCravy, Lowe, Clemmons, Davis, Bannister, Ridgeway, Atkinson, Bryant, Bales, Alexander, R. Williams, B. Cox, Martin, Jefferson, Fry, Hosey, Clyburn, Chellis, Kimmons, Rivers, Forrest, Mace, Johnson, Robinson, Dillard, Rose, Anderson, McGinnis, Hardee, Brown, Long, D. C. Moss, V. S. Moss, Gilliam, Chumley, Gagnon, Blackwell, Bernstein, Stavrinakis, Morgan, Finlay, Crawford, Henderson-Myers, Gilliard, Trantham, Garvin, S. Williams and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CAREER OPPORTUNITY AND ACCESS FOR ALL ACT"; BY ADDING SECTION 59-1-485 SO AS TO PROVIDE A STATEWIDE COLLEGE AND CAREER READINESS GOAL FOR 2030; BY ADDING ARTICLE 15 TO CHAPTER 63, TITLE 59 SO AS TO CREATE THE "STUDENT BILL OF RIGHTS"; TO AMEND SECTION 59-5-10, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ADD A PUBLIC SCHOOL STUDENT APPOINTED BY THE GOVERNOR TO SERVE A TWO-YEAR TERM AS A NONVOTING ADVISORY MEMBER; BY ADDING CHAPTER 12 TO TITLE 1 SO AS TO CREATE THE "ZERO TO TWENTY COMMITTEE" AND TO PROVIDE FOR THE PURPOSES, MEMBERSHIP, AND DUTIES OF THE COMMITTEE; BY ADDING SECTION 59-29-250 SO AS TO PROVIDE FOR THE EXPANSION AND ENHANCEMENT OF COMPUTER SCIENCE EDUCATION IN HIGH SCHOOLS; TO AMEND SECTION 59-18-310, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM, SO AS TO REMOVE SOCIAL STUDIES FROM THE ACADEMIC AREAS ASSESSED; TO AMEND SECTION 59-18-320, RELATING TO FIELD TESTS IN THE STATEWIDE ASSESSMENT PROGRAM AND ADMINISTRATION OF ASSESSMENTS UNDER THE PROGRAM, SO AS TO MAKE CHANGES TO CONFORM TO THE REMOVAL OF SOCIAL STUDIES FROM THE ACADEMIC AREAS ASSESSED; TO AMEND SECTION 59-18-325, RELATING TO REQUIREMENTS THAT THE DEPARTMENT PROCURE AND ADMINISTER CERTAIN STANDARDS-BASED ASSESSMENTS, SO AS TO REMOVE THE REQUIREMENT FOR PROCURING AND ADMINISTERING STANDARDS-BASED ASSESSMENTS IN SOCIAL STUDIES TO STUDENTS IN FIFTH GRADE AND SEVENTH GRADE; BY ADDING SECTION 59-156-250 SO AS TO PROVIDE THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS AND THE STATE DEPARTMENT OF EDUCATION SHALL COMPILE AND REPORT TO THE GENERAL ASSEMBLY CERTAIN INFORMATION ABOUT EARLY CHILDHOOD READING EFFORTS, PLANS TO INCREASE PARTICIPATION IN RELATED PROGRAMS IN CERTAIN DISTRICTS, AND TO REQUIRE A SUBSEQUENT REPORT IN FIVE YEARS; TO AMEND SECTION 59-104-20, RELATING TO THE CRITERIA FOR PALMETTO FELLOWS SCHOLARSHIPS, SO AS TO STRENGTHEN ENGLISH, MATHEMATICS, AND COMPUTER SCIENCE FOUNDATIONS OF HIGH SCHOOL SENIORS SEEKING PALMETTO FELLOWS SCHOLARSHIPS BY REQUIRING SUCCESSFUL COMPLETION OF CERTAIN ENGLISH AND MATHEMATICS OR COMPUTER SCIENCE COURSEWORK DURING THEIR SENIOR YEARS, AND TO EXCLUDE MEMBERS OF THE 2019-2020 SENIOR CLASS FROM THESE REQUIREMENTS; TO AMEND SECTION 59-149-50, RELATING TO THE CRITERIA FOR LIFE SCHOLARSHIPS, SO AS TO STRENGTHEN ENGLISH, MATHEMATICS, AND COMPUTER SCIENCE FOUNDATIONS OF HIGH SCHOOL SENIORS SEEKING LIFE SCHOLARSHIPS BY REQUIRING SUCCESSFUL COMPLETION OF CERTAIN ENGLISH AND MATHEMATICS OR COMPUTER SCIENCE COURSEWORK DURING THEIR SENIOR YEARS, AND TO EXCLUDE MEMBERS OF THE 2019-2020 SENIOR CLASS FROM THESE REQUIREMENTS; TO AMEND SECTION 59-59-210, RELATING TO ARTICULATION AGREEMENTS PROVIDING DUAL ENROLLMENT BETWEEN HIGH SCHOOLS AND PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO EXPAND SUCH DUAL ENROLLMENT OPPORTUNITIES BY CREATING A UNIFORM SYSTEM OF DUAL ENROLLMENT COLLEGE COURSES OFFERED TO HIGH SCHOOL STUDENTS BY PUBLIC INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-18-365 SO AS TO PROVIDE A SYSTEM FOR ACCOUNTABILITY FOR STUDENT PROGRESS TOWARD COLLEGE AND CAREER READINESS FROM KINDERGARTEN THROUGH TWELFTH GRADE; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE REMEDIAL COURSEWORK FOR COLLEGE READINESS ONLY MAY BE PROVIDED AT THE HIGH SCHOOL LEVEL AND MAY NOT BE PROVIDED AT PUBLIC INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTIONS 59-18-1950 AND 59-101-350, BOTH RELATING TO REMEDIAL COURSEWORK, SO AS TO MAKE A CONFORMING CHANGE TO THE ELIMINATION OF REMEDIAL COURSEWORK BEING OFFERED AT PUBLIC INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-155-155 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL APPROVE NO MORE THAN FIVE RELIABLE AND VALID EARLY LITERACY AND NUMERACY SCREENING ASSESSMENT INSTRUMENTS FOR SELECTION AND USE BY SCHOOL DISTRICTS FOR KINDERGARTEN THROUGH THIRD GRADE, AND TO PROVIDE REQUIREMENTS FOR SUCH INSTRUMENTS; TO AMEND SECTION 59-155-110, RELATING TO THE READ TO SUCCEED OFFICE, SO AS TO CORRECT A TYPOGRAPHICAL ERROR; TO AMEND SECTION 59-155-120, RELATING TO DEFINITIONS IN THE READ TO SUCCEED ACT, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-155-130, RELATING TO DUTIES OF THE READ TO SUCCEED OFFICE, SO AS TO REVISE THE REQUIREMENTS CONCERNING COURSEWORK NECESSARY FOR LITERACY ADD-ON ENDORSEMENTS AND TO REVISE REQUIREMENTS FOR PROFESSIONAL DEVELOPMENT IN READING AND COACHING FOR CERTIFIED READING/LITERACY COACHES AND LITERACY TEACHERS; TO AMEND SECTION 59-155-140, RELATING TO THE STATE READING PROFICIENCY PROGRAM, SO AS TO REMOVE THE USE OF BOOK CLUBS FOR CERTAIN REQUIRED SUPPLEMENTAL INSTRUCTION; TO AMEND SECTION 59-155-150, RELATING TO THE READINESS ASSESSMENT PROVIDED BY THE READ TO SUCCEED ACT, SO AS TO REVISE THE REQUIREMENTS FOR SCREENING AND DIAGNOSTIC ASSESSMENTS AND INTERVENTIONS; TO AMEND SECTION 59-155-160, RELATING TO MANDATORY STUDENT RETENTION PROVISIONS OF THE READ TO SUCCEED ACT, SO AS TO REVISE CRITERIA FOR RETENTION AND EXEMPTIONS FROM RETENTION, TO ELIMINATE AN APPEALS PROCESS, AND TO REVISE CRITERIA FOR INTENSIVE INSTRUCTIONAL SERVICES AND SUPPORT PROVIDED TO RETAINED STUDENTS; TO AMEND SECTION 59-155-180, RELATING TO PROVISIONS CONCERNING TEACHER EDUCATION PROGRAMS IN THE READ TO SUCCEED ACT, SO AS TO REMOVE THE REQUIREMENT THAT READING/LITERACY COACHES BE EMPLOYED IN ALL ELEMENTARY SCHOOLS, TO REVISE REQUIREMENTS CONCERNING THE ROLES AND FUNCTIONS OF READING/LITERACY COACHES, TO PROVIDE MEASURES TO ENSURE TEACHER CANDIDATES UNDERSTAND THE FOUNDATIONS OF READING AND ARE PREPARED TO TEACH READING TO ALL STUDENTS, AND TO PROVIDE THE COMMISSION ON HIGHER EDUCATION AND THE LEARNING DISORDERS TASK FORCE ANNUALLY SHALL ASSESS THE EFFECTIVENESS OF TEACHER EDUCATION PROGRAMS IN PREPARING TEACHERS TO DIAGNOSE READING PROBLEMS IN STUDENTS AND PROVIDE APPROPRIATE INTERVENTIONS, AND TO PROVIDE THE COMMISSION SHALL REPORT FINDINGS OF THIS ASSESSMENT TO THE STATE DEPARTMENT OF EDUCATION AND TO THE GENERAL ASSEMBLY; TO AMEND SECTION 59-59-20, RELATING TO CAREER-CLUSTER CURRICULUM, SO AS TO REVISE THE CURRICULUM TO ALIGN WITH WORKFORCE NEEDS, AMONG OTHER THINGS; TO AMEND SECTION 59-59-50, RELATING TO STATE MODELS AND PROTOTYPES FOR INDIVIDUAL GRADUATION PLANS, SO AS TO REVISE THE REQUIREMENTS TO INCLUDE CAREER CLUSTERS AND RELATED PATHWAYS AND PROGRAMS OF STUDY, AMONG OTHER THINGS; TO AMEND SECTION 59-59-60, RELATING TO THE ORGANIZATION OF HIGH SCHOOL CURRICULA AROUND CLUSTERS OF STUDY AND CLUSTER MAJORS, SO AS TO REORGANIZE THE CURRICULA AROUND CAREER PATHWAYS AND TO PROMOTE RELATED INCREASED AWARENESS AND CAREER COUNSELING; BY ADDING SECTION 59-53-30 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ESTABLISH COMMON MINIMUM ADMISSIONS SCORES FOR ITS INSTITUTIONS, TO PROVIDE VARIATIONS IN CERTAIN CIRCUMSTANCES, AND TO PROVIDE ADVICE INSTITUTIONS SHOULD GIVE INDIVIDUALS WHO MEET THESE MINIMUM SCORES; TO AMEND SECTION 59-150-360, RELATING TO TUITION ASSISTANCE FOR STUDENTS WHO ATTEND TECHNICAL COLLEGES OR TWO-YEAR PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THIS ASSISTANCE FOR STUDENTS SEEKING CERTAIN BUSINESS OR INDUSTRY CREDENTIALS, AMONG OTHER THINGS; BY ADDING SECTION 12-6-3800 SO AS TO ALLOW AN INCOME TAX CREDIT FOR A TAXPAYER WHO EMPLOYS A PUBLIC SCHOOL K4-12 TEACHER AS AN INTERN, TO PROVIDE THAT THE INTERNSHIP MUST BE APPROVED BY THE SCHOOL DISTRICT IN WHICH THE TEACHER IS EMPLOYED BASED ON CRITERIA PROVIDED BY THE DEPARTMENT OF EDUCATION, AND TO PROVIDE FOR REPORTING REQUIREMENTS; TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND THE STATE BOARD OF EDUCATION TO REPORT RECOMMENDATIONS FOR TRANSFERRING ADULT BASIC EDUCATION AND ADULT SECONDARY EDUCATION TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND HOW TO BEST USE CAREER AND TECHNOLOGY CENTERS TO PROVIDE IMPROVED AND UPDATED TECHNICAL EDUCATION; TO AMEND SECTION 59-111-110, RELATING TO CERTAIN PEOPLE EXEMPT FROM PAYING TUITION TO ATTEND PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO INCLUDE FULL-TIME CERTIFIED CLASSROOM TEACHERS EMPLOYED IN SCHOOLS WITH ABSOLUTE RATINGS OF BELOW AVERAGE OR UNSATISFACTORY FOR THREE OF THE FOUR PRECEDING YEARS; BY ADDING SECTION 59-111-155 SO AS TO PROVIDE A NECESSARY DEFINITION; BY ADDING SECTION 59-19-360 SO AS TO PROVIDE SCHOOL BOARDS MAY REIMBURSE TEACHERS WHO MUST TRAVEL MORE THAN TWENTY-FIVE MILES EACH WAY BETWEEN HOME AND SCHOOL FOR MILEAGE AT A RATE NOT TO EXCEED THE FEDERAL RATE; TO AMEND SECTION 59-19-350, RELATING TO SCHOOLS OF CHOICE, SO AS TO PROVIDE SCHOOL DISTRICTS INSTEAD MAY CREATE MULTIPLE SCHOOLS OF INNOVATION; BY ADDING SECTION 59-8-1115 SO AS TO PROVIDE SCHOOLS RECEIVING OVERALL RATINGS OF "GOOD" OR "EXCELLENT" ON THEIR ANNUAL REPORT CARDS FOR AT LEAST TWO CONSECUTIVE YEARS MAY HIRE NONCERTIFIED TEACHERS FOR UP TO TWENTY-FIVE PERCENT OF ITS TEACHING STAFF AND TO PROVIDE REQUIREMENTS FOR NONCERTIFIED TEACHERS; BY ADDING SECTION 59-25-25 SO AS TO PROVIDE EDUCATOR PREPARATION PROGRAMS IN INSTITUTIONS OF HIGHER EDUCATION MAY SUBMIT SEPARATE AND DISTINCT EDUCATOR PREPARATION PROGRAMS FOR ALTERNATIVE PREPARATION TO THE STATE BOARD OF EDUCATION FOR APPROVAL, TO PROVIDE THESE PROGRAMS ARE NOT REQUIRED TO BE NATIONALLY ACCREDITED BUT MUST MEET CERTAIN OTHER REQUIREMENTS, AND TO PROVIDE THE STATE DEPARTMENT OF EDUCATION ANNUALLY SHALL REPORT RELATED DATA TO THE STATE BOARD OF EDUCATION AND THE GENERAL ASSEMBLY; TO AMEND SECTION 59-26-20, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING THE TRAINING, CERTIFICATION, AND EVALUATION OF PUBLIC EDUCATORS, SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS REGARDING A CYCLICAL EVALUATION PROCESS FOR APPROVED TEACHER EDUCATOR PROGRAMS, AND TO PROVIDE RELATED REQUIREMENTS; BY ADDING SECTION 59-26-35 SO AS TO IMPROVE THE MEANS FOR EVALUATING EDUCATOR PREPARATION PROGRAMS BY PROVIDING FOR THE ANNUAL DEVELOPMENT AND PUBLICATION OF THE SOUTH CAROLINA TEACHER PREPARATION REPORT CARD; BY ADDING SECTION 59-26-120 SO AS TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE CERTAIN EDUCATOR PREPARATION PROGRAMS WITH CERTAIN INFORMATION REGARDING GRADUATES OF THOSE PROGRAMS, TO PROVIDE EDUCATOR PREPARATION PROGRAMS MAY NOT SHARE IDENTIFIABLE EDUCATOR DATA WITH THIRD PARTIES WITHOUT WRITTEN CONSENT, AND TO PROVIDE THIS INFORMATION IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT; BY ADDING SECTION 59-25-52 SO AS TO INCREASE EFFORTS TO RETAIN EDUCATORS BY CONDUCTING A SEMIANNUAL WORKPLACE SATISFACTION OPINION SURVEY OF SOUTH CAROLINA PUBLIC SCHOOL TEACHERS, AND TO PROVIDE FOR THE REPORTING OF THE RESULTS OF THESE SURVEYS; TO AMEND SECTION 59-20-50, RELATING TO TEACHER SALARY SCHEDULES, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE DISTRICTS MAY PAY TEACHERS ANNUAL SALARIES AT LEAST EQUAL TO THE MINIMUM STARTING SCHEDULE FOR THEIR EXPERIENCE AND EDUCATIONAL ATTAINMENT, TO PROVIDE A MINIMUM STARTING SALARY FOR NEW TEACHERS, TO PROVIDE THIS STARTING SALARY MUST BE ESTABLISHED WITH THE GOAL OF REACHING THE SOUTHEASTERN AVERAGE, AND TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO MAKE CERTAIN RECOMMENDATIONS FOR A PLAN TO REMOVE THE EXISTING TEACHER SALARY SCHEDULE AND IMPLEMENT BETWEEN FIVE AND NINE CAREER BANDS, AMONG OTHER THINGS; BY ADDING ARTICLE 16 TO CHAPTER 18, TITLE 59 SO AS TO PROVIDE REVISED ACCOUNTABILITY MEASURES FOR PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS; BY ADDING SECTION 59-17-15 SO AS TO PROVIDE THE STATE SUPERINTENDENT OF EDUCATION SHALL DEVELOP AND PROVIDE CERTAIN RECOMMENDATIONS CONCERNING THE CONSOLIDATION OF SCHOOL DISTRICTS; TO AMEND SECTION 59-39-100, RELATING TO REQUIREMENTS FOR HIGH SCHOOL DIPLOMAS, SO AS TO PROVIDE LOCAL SCHOOL BOARDS MAY REQUIRE ADDITIONAL UNITS OF STUDY FOR HIGH SCHOOL DIPLOMAS BEGINNING WITH STUDENTS ENTERING NINTH GRADE IN THE 2020-2021 SCHOOL YEAR; BY ADDING ARTICLE 5 TO CHAPTER 19, TITLE 59 SO AS TO DEFINE NECESSARY TERMINOLOGY, TO PROVIDE REQUIREMENTS FOR LOCAL SCHOOL BOARD GOVERNANCE AND BOARD MEMBER CONDUCT, TO PROVIDE THE STATE BOARD OF EDUCATION SHALL ADOPT A MODEL CODE OF ETHICS FOR LOCAL SCHOOL BOARD MEMBER CONDUCT, TO PROVIDE LOCAL SCHOOL BOARDS SHALL ADOPT CODES OF ETHICS BASED ON THIS MODEL CODE, TO PROVIDE LOCAL SCHOOL BOARDS SHALL ADOPT NEPOTISM POLICIES THAT MEET CERTAIN MINIMUM REQUIREMENTS, TO PROHIBIT CONFLICTS OF INTEREST BY SCHOOL BOARD MEMBERS, TO PROVIDE FOR THE REFERRAL OF CONFLICT OF INTEREST ALLEGATIONS TO THE STATE ETHICS COMMISSION UPON A TWO-THIRDS VOTE OF SCHOOL BOARD MEMBERS PRESENT FOR SUCH A VOTE, TO REQUIRE NOTICE TO THE STATE BOARD OF EDUCATION WHEN A PUBLIC SCHOOL ACCREDITING BODY PLACES A DISTRICT OR SCHOOL ON A LEVEL OF ACCREDITATION THAT IMMEDIATELY PRECEDES ACCREDITATION LOSS FOR GOVERNANCE REASONS, TO PROVIDE THE STATE BOARD OF EDUCATION SHALL CONDUCT A HEARING ON THE MATTER AND MAY RECOMMEND SUSPENSION OF A BOARD TO THE GOVERNOR, AND TO PROVIDE THE GOVERNOR MAY SUSPEND AN ENTIRE BOARD AND APPOINT A TEMPORARY BOARD; TO AMEND SECTION 59-18-920, RELATING TO THE REQUIREMENT THAT THE PERFORMANCE OF STUDENTS IN CHARTER SCHOOLS SPONSORED BY THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE INCLUDED IN OVERALL PERFORMANCE RATINGS, SO AS TO PROVIDE THIS REQUIREMENT ALSO APPLIES TO CHARTER SCHOOLS SPONSORED BY REGISTERED INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-19-55 SO AS TO PROVIDE SCHOOL BOARD TRUSTEES AND SCHOOL OFFICIALS SHALL COMPLY WITH CERTAIN ETHICS PROVISIONS APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES; BY ADDING SECTION 8-13-810 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL NOTIFY THE STATE ETHICS COMMISSION OF ANY SCHOOL BOARD TRUSTEE WHO FAILS TO COMPLETE REQUIRED ETHICS TRAINING, TO PROVIDE FAILURE OF A SCHOOL BOARD MEMBER TO COMPLETE THIS TRAINING CONSTITUTES A VIOLATION OF THE STATE ETHICS ACT AND SUBJECTS THE MEMBER TO CERTAIN CIVIL AND CRIMINAL PENALTIES, TO PROVIDE THE COMMISSION ALSO MAY IMPOSE ORAL OR WRITTEN WARNINGS OR REPRIMANDS, AND TO PROVIDE TRUSTEES MUST BE PROVIDED NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THEIR POSITION ON THE SCHOOL BOARD MAY BE TERMINATED FOR VIOLATIONS OF THE STATE ETHICS ACT; TO AMEND SECTION 1-3-240, RELATING TO STATE AND COUNTY OFFICIALS SUBJECT TO REMOVAL FROM OFFICE BY THE GOVERNOR IN CERTAIN CIRCUMSTANCES, SO AS TO INCLUDE SCHOOL BOARD TRUSTEES; TO AMEND SECTION 59-19-45, RELATING TO MANDATORY ORIENTATION FOR SCHOOL BOARD MEMBERS, SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL ADOPT A MODEL TRAINING PROGRAM FOR SCHOOL BOARD MEMBERS WHICH DISTRICTS SHALL ADOPT, TO PROVIDE SCHOOL DISTRICTS SHALL ADOPT LOCAL TRAINING PROGRAMS, AND TO PROVIDE SCHOOL DISTRICTS SHALL PROVIDE SUCH TRAINING TO BOARD MEMBERS WITHIN ONE YEAR AFTER TAKING OFFICE; TO AMEND SECTION 59-19-60, RELATING TO THE REMOVAL OF SCHOOL DISTRICT TRUSTEES, SO AS TO REVISE THE GROUNDS FOR REMOVAL, THE MANNER OF REMOVAL, AND PROVISIONS CONCERNING THE FILLING OF SEATS VACATED BY REMOVAL, AMONG OTHER THINGS; BY ADDING SECTION 59-1-444 SO AS TO PROVIDE THE DEPARTMENT SHALL POST ALL REPORTS, STUDIES, PUBLISHED FINDINGS, MEMORANDA, GUIDELINES, RULES, AND CERTAIN OTHER DOCUMENTS ON ITS INTERNET WEBSITE WITHIN TWENTY-FOUR HOURS AFTER BEING MADE PUBLIC, TO PROVIDE THE POSTING MUST BE IN A CERTAIN FORM AND MANNER EASILY LOCATABLE AND ACCESSIBLE FOR VIEWING AND DOWNLOADING BY THE PUBLIC, AND TO SUBJECT THE DEPARTMENT TO CERTAIN MONETARY FINES FOR NONCOMPLIANCE; TO AMEND SECTION 59-19-90, AS AMENDED, RELATING TO GENERAL POWERS AND DUTIES OF LOCAL SCHOOL DISTRICT BOARD OF TRUSTEES MEMBERS, SO AS TO PROVIDE RULES ADOPTED BY THESE BOARDS MUST ALIGN WITH APPLICABLE STATE AND FEDERAL ACCOUNTABILITY STANDARDS; AND TO REPEAL ARTICLE 15 OF CHAPTER 18, TITLE 59 RELATING TO INTERVENTION AND ASSISTANCE UNDER THE EDUCATION ACCOUNTABILITY ACT AND SECTION 59-59-30 RELATING TO IMPLEMENTATION OF THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT. Reps. ALLISON, B. NEWTON, MURPHY, FELDER, FORREST, POPE, SIMRILL, BAMBERG, COLLINS, CHELLIS, KIMMONS, MACE, BLACKWELL, GILLIARD, MACK, MCGINNIS, FRY, BAILEY, HEWITT, MARTIN, MAGNUSON, ELLIOTT, B. COX, TRANTHAM, G. R. SMITH, MOORE, S. WILLIAMS, COBB-HUNTER, KING, THIGPEN, HART, WHITMIRE, HILL, BALLENTINE, KIRBY, ROSE, WEST, R. WILLIAMS, JEFFERSON, WEEKS and BROWN requested debate on the Bill.
The following Bill was taken up: H. 3145 (Word version) -- Reps. Ott, Clary, Cobb-Hunter, Collins, Jefferson, Kirby, Willis, Cogswell, D. C. Moss, G. R. Smith, Elliott, Sandifer, Lucas, Ballentine, Caskey, Simrill, West, Murphy, McKnight, Mace, Kimmons, Davis, Magnuson, Sottile, Hewitt, Hiott, B. Newton, Pope, Forrest, Bales, Rutherford, R. Williams, Gilliam, Norrell, Funderburk, G. M. Smith, Weeks, Ridgeway, Yow, W. Newton, Bamberg, Stavrinakis, McCoy, Erickson, Blackwell and Wheeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-49-150 SO AS TO PROVIDE THAT THE OFFICE OF REGULATORY STAFF IS VESTED WITH THE AUTHORITY AND JURISDICTION TO CONDUCT AUDITS OF ELECTRIC COOPERATIVES IN THE SAME MANNER, TERMS, AND CONDITIONS IT IS AUTHORIZED TO CONDUCT AUDITS OF REGULATED PUBLIC UTILITIES AS PROVIDED BY LAW; TO AMEND SECTION 33-49-420, RELATING TO ANNUAL MEETINGS OF MEMBERS OF AN ELECTRIC COOPERATIVE, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR CERTAIN MEETINGS; TO AMEND SECTION 33-49-430, RELATING TO A QUORUM AT MEETINGS OF ELECTRIC COOPERATIVES, SO AS TO ALLOW PERSONS CASTING EARLY VOTING BALLOTS FOR THE ELECTION OF TRUSTEES TO BE COUNTED FOR PURPOSES OF DETERMINING A QUORUM AT THE MEETING FOR THE ELECTION, AND TO PROHIBIT VOTING BY PROXY; TO AMEND SECTION 33-49-440, RELATING TO VOTING BY MEMBERS AND SECTION 33-49-620, RELATING TO VOTING DISTRICTS FROM WHICH SOME MEMBERS OF THE BOARD OF TRUSTEES MAY BE ELECTED, SO AS TO PERMIT EARLY VOTING FOR MEETINGS AT WHICH TRUSTEES ARE TO BE ELECTED AND THE PROCEDURES FOR EARLY VOTING; TO AMEND SECTION 33-49-610, RELATING TO THE BOARD OF TRUSTEES OF A COOPERATIVE, SO AS TO REVISE THE MANNER IN WHICH VACANCIES OCCURRING FOR ANY REASON OTHER THAN EXPIRATION OF A TERM ARE FILLED WHICH MUST BE FOR THE REMAINDER OF THE UNEXPIRED TERM ONLY; BY ADDING SECTION 33-49-615 SO AS TO REQUIRE ANNUAL PUBLIC DISCLOSURE OF COMPENSATION AND BENEFITS PAID TO OR PROVIDED FOR MEMBERS OF THE BOARD OF TRUSTEES; BY ADDING SECTION 33-49-625 SO AS TO REQUIRE SPECIFIED NOTICE OF MEETINGS TO THE COOPERATIVE MEMBERSHIP, TO REQUIRE VOTES OF TRUSTEES TO BE TAKEN IN OPEN SESSION WITH CERTAIN EXCEPTIONS, TO REQUIRE VOTES TAKEN IN EXECUTIVE SESSION TO BE RATIFIED IN OPEN SESSION, AND TO REQUIRE MINUTES OF ALL MEETINGS TO BE PROVIDED TO COOPERATIVE MEMBERS; AND BY ADDING SECTION 33-49-645 SO AS TO PROVIDE THAT IN THE CONDUCT OF ELECTIONS BY A COOPERATIVE, IT MUST PROHIBIT ADVOCACY OR CAMPAIGNING WITHIN A CERTAIN DISTANCE OF THE POLLING PLACE.
Reps. HAYES, HILL, ATKINSON, KING, BAMBERG, HART, MOORE, S. WILLIAMS, W. COX, SANDIFER, R. WILLIAMS, FORRESTER, TAYLOR, FELDER, V. S. MOSS, FRY, BROWN and JEFFERSON requested debate on the Bill.
The following Bill was taken up: H. 3263 (Word version) -- Reps. G. M. Smith, Erickson, Bradley, W. Newton, Huggins, Sandifer, Toole, Blackwell, Cogswell, Caskey, Atkinson, Hixon, Taylor, Fry, Weeks and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ARMED SERVICE MEMBERS AND SPOUSES PROFESSIONAL AND OCCUPATIONAL LICENSING ACT" BY ADDING SECTION 37-1-110 SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM LICENSURE FOR OCCUPATIONS AND PROFESSIONS REGULATED BY THE DEPARTMENT OF CONSUMER AFFAIRS IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-43-85 SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM LICENSURE AS NONRESIDENT INSURANCE LINES PRODUCERS BY THE DEPARTMENT OF INSURANCE IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-47-17 SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM LICENSURE AS INSURANCE ADJUSTERS BY THE DEPARTMENT OF INSURANCE IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-48-25 SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM LICENSURE AS PUBLIC INSURANCE ADJUSTERS BY THE DEPARTMENT OF INSURANCE IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 40-1-625 SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM LICENSURE FOR PROFESSIONS AND OCCUPATIONS REGULATED BY BOARDS AND COMMISSIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 59-25-25 SO AS TO PROVIDE SPOUSES OF ARMED SERVICE MEMBERS STATIONED IN THIS STATE MAY WORK AS PUBLIC SCHOOL TEACHERS IN THIS STATE WITHOUT BEING LICENSED OR CERTIFIED BY THE DEPARTMENT OF EDUCATION IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-45-30, RELATING TO LICENSE APPLICATION FEE REQUIREMENTS FOR NONRESIDENT INSURANCE BROKER LICENSURE, SO AS TO EXEMPT CERTAIN ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM THE FEES; TO AMEND SECTION 38-49-20, RELATING TO LICENSURE REQUIREMENTS FOR MOTOR VEHICLE PHYSICAL DAMAGE INSPECTORS, SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM THESE REQUIREMENTS IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-53-80, RELATING TO LICENSURE REQUIREMENTS FOR BAIL BONDSMEN AND RUNNERS, SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM THESE REQUIREMENTS IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 40-1-640, RELATING TO THE AUTHORITY OF CERTAIN PROFESSIONALS AND OCCUPATIONAL LICENSING BOARDS TO ACCEPT AND APPLY EDUCATION, TRAINING, AND EXPERIENCE OF CERTAIN SERVICE MEMBERS, SO AS TO MAKE EXERCISE OF THIS AUTHORITY NONDISCRIMINATORY IF CERTAIN CRITERIA ARE MET; AND TO REPEAL SECTION 40-1-630 RELATING TO TEMPORARY OCCUPATIONAL AND PROFESSIONAL LICENSES THAT BOARDS AND COMMISSIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY ISSUE TO SPOUSES OF ACTIVE SERVICE MEMBERS STATIONED IN THIS STATE.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3263 (COUNCIL\WAB\3263C001. AGM.WAB19), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act must be known and may be cited as the "Armed Service Members and Spouses Professional and Occupational Licensing Act".
SECTION 2. Article 1, Chapter 1, Title 27 of the 1976 Code is amended by adding:
"Section 27-1-170. (A) Except as provided in subsection (G), and notwithstanding other provisions of law, this section applies to a board, agency, commission, or other entity providing professional licenses or certificates, or both, for the purpose of employment in the State of South Carolina. A board, commission, or agency providing professional licenses or certificates, or both, may promulgate rules in conformity with this section for the purpose of implementing its requirements.
(B) Except as provided in subsection (G), and notwithstanding another provision of law, this section applies to individuals who:
(1) are married to and living with an active duty member of the United States Armed Forces who is relocated to and stationed in this State under official military orders;
(2) have not committed or participated in an act that would constitute grounds for refusal, suspension, or revocation of a professional license or certificate;
(3) have not been disciplined by an authorized entity or are under investigation, in any jurisdiction, in relation to a professional license or certificate; and
(4) pay any required fee and submit to any required criminal or other background check by an authorized board, commission, or agency in this State. (C) An eligible individual under subsection (B) who possesses a valid professional or occupational license or certificate in another state, district, or territory of the United States with licensing or certification requirements greater than or substantially similar to the licensing or certification requirements of the appropriate board, commission, or agency in this State must be approved to continue work in that profession or occupation upon relocation to this State for such time as normally allotted with receipt of a license or certificate from the appropriate board, commission, or agency.
(D) Upon completion of an application that documents compliance with the receiving agency's requirements for a certificate or license, an authorized board, commission, or agency shall process the application and issue a license within fifteen business days after receipt of the application.
(E) In addition to general personal information about the applicant, and other documentation satisfying the receiving agency's requirements for a certificate or license, the application must include proof that he:
(1) is married to and living with an active duty member of the United States Armed Forces who is relocated to and stationed in this State under official military orders;
(2) possesses a valid license or certificate in another state, district, or territory of the United States; and
(3) holds the license in subsection (B) in 'good standing' as evidenced by a certificate of good standing from the state, district, or territory of the United States that issued the license.
(F) A board, commission, or agency in this State may establish reciprocity with other states for military spouse professional licensing and certification.
(G) This section does not apply to:
(1) the practice of law or the regulation of attorneys; and
(2) educators.
(H) A license or certificate issued pursuant to this section is valid for the same period of time as a license or certificate issued pursuant to the requirements of the applicable title for the particular profession or occupation.
(I) Nothing in this section prevents a board, commission, or agency from revoking, penalizing, or suspending a license pursuant to the appropriate code sections regulating the particular profession."
SECTION 3. Section 40-1-640(A) of the 1976 Code is amended to read:
"(A) A professional or occupational board or commission governed by this title may shall accept the education, training, and experience completed by an individual as a member of the Armed Forces or Reserves of the United States, National Guard of any state, the Military Reserves of any state, or the Naval Militias of any state and apply this education, training, and experience in the manner most favorable toward satisfying the qualifications for issuance of the requested license or certification or approval for license examination in this State, subject to the receipt of evidence considered satisfactory by the board or commission."
SECTION 4. Section 40-1-630 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. TOOLE explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Blackwell Bryant Burns Calhoon Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Finlay Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Hewitt Hill Hiott Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Ott Parks Pope Ridgeway Rivers Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: H. 3586 (Word version) -- Reps. Sandifer and Forrester: A BILL TO AMEND SECTION 23-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO PROVIDE ADDITIONAL TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 23-47-20, RELATING TO REQUIREMENTS THAT PERTAIN TO A 911 SYSTEM, SO AS TO PROVIDE THAT THE REVENUE AND FISCAL AFFAIRS OFFICE IS RESPONSIBLE FOR CREATING AND UPDATING A COMPREHENSIVE STRATEGIC 911 AND NEXTGEN 9-1-1 (NG9-1-1) SYSTEM, AND TO REVISE THE STANDARDS THAT GOVERN THE OPERATION OF 911 AND NG9-1-1 SYSTEMS; TO AMEND SECTION 23-47-40, RELATING TO 911 CHARGES THAT MAY BE IMPOSED UPON EACH LOCAL EXCHANGE ACCESS FACILITY SUBSCRIBED TO BY TELEPHONE SUBSCRIBERS WHOSE LOCAL EXCHANGE ACCESS LINES ARE IN THE AREA SERVED OR WHICH WOULD BE SERVED BY THE 911 SERVICE, SO AS TO REVISE THE LIST OF ITEMS THAT MAY BE FUNDED WITH THESE CHARGES; TO AMEND SECTION 23-47-50, RELATING TO SUBSCRIBER BILLING FOR THE PROVISION OF 911 SERVICE, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE "EMERGENCY TELEPHONE SYSTEM" FUND MUST BE INCLUDED IN THE ANNUAL AUDIT OF THE LOCAL GOVERNMENT, TO PROVIDE THAT UPON THE FINDING OF INAPPROPRIATE USE OF 911 FUNDS PURSUANT TO AN AUDIT, THE LOCAL GOVERNMENT MUST RESTORE THOSE FUNDS WITHIN NINETY DAYS, TO PROVIDE THAT THE LOCAL GOVERNMENT MUST PROVIDE THE REVENUE AND FISCAL AFFAIRS OFFICE A COPY OF THE AUDITED REPORT, TO PROVIDE THAT FUNDS MAY BE WITHHELD FROM A LOCAL GOVERNMENT THAT FAILS TO COMPLY WITH THE AUDIT PROVISIONS, AND TO REVISE THE PURPOSE FOR LEVYING A CMRS 911 CHARGE; TO AMEND SECTION 23-47-60, RELATING TO A LOCAL GOVERNMENT PROVIDING STANDARD ADDRESSES FOR THEIR RESIDENTS BEFORE ENHANCED 911 IS PLACED IN SERVICE, SO AS TO PROVIDE THAT THE REVENUE AND FISCAL AFFAIRS OFFICE SHALL DESIGNATE ONE OFFICE WITHIN EACH COUNTY AS THE ADDRESSING OFFICIAL; TO AMEND SECTION 23-47-65, AS AMENDED, RELATING TO THE CREATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA 911 ADVISORY COMMITTEE, SO AS TO INCREASE ITS RESPONSIBILITIES, TO INCREASE THE SIZE OF ITS MEMBERSHIP, TO REVISE THE PROCESS OF APPOINTING MEMBERS, TO PROVIDE ITS MEMBERS COMPENSATION FOR CERTAIN EXPENSES, TO INCREASE AND REVISE THE RESPONSIBILITIES OF THE REVENUE AND FISCAL AFFAIRS OFFICE AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-75, RELATING TO CERTAIN 911 INFORMATION THAT IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT OR DISCLOSURE, SO AS TO MAKE A TECHNICAL CHANGE, TO PROVIDE THAT CERTAIN LOCATION INFORMATION IS NOT CONSIDERED A RECORD OF THE LOCAL 911 SYSTEM, AND TO PROVIDE RESTRICTIONS ON THE RELEASE OF CERTAIN DATA AND TELEPHONE CALLS TO CERTAIN AGENCIES AND THE PUBLIC; AND TO AMEND SECTION 23-47-80, RELATING TO PENALTIES ASSOCIATED WITH UNLAWFULLY PLACING A 911 CALL, SO AS MAKE TECHNICAL CHANGES.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3586 (COUNCIL\CM\3586C001. GT.CM19), which was adopted:
Amend the bill, as and if amended, SECTION 6, by striking Section 23-47-65(A)(1) and (A)(2) on pages 14 and 15 and inserting:
/ "(A)(1) The South Carolina 911 Advisory Committee is created to assist the Revenue and Fiscal Affairs Office in carrying out its responsibilities in implementing, maintaining, and updating an efficient a wireless enhanced 911 system consistent with FCC Docket Number 94-102. The committee shall consist of: an individual with technical or operational knowledge of E-911 systems who is appointed by the Executive Director of the Revenue and Fiscal Affairs Office; the Executive Director of the Revenue and Fiscal Affairs Office or his designee; two employees of CMRS providers licensed to do business in the State appointed by the Governor; two 911 system employees appointed by the Governor; and one employee of a telephone (local exchange access facility) service supplier licensed to do business in the State appointed by the Governor; and one consumer appointed by the Governor. Local governments and related organizations such as the National Emergency Number Association may recommend PSAP Committee members, and industry representatives may recommend wireline and CMRS Committee members to the Governor. There is no expense reimbursement or per diem payment from the fund created by the CMRS surcharge made to members of the committee The committee must be comprised of twelve members and appointed as follows: eight members appointed by the Governor of which two must be employees of a local 911 system recommended by the South Carolina Association of Public Safety Communication Officials, two must be employees of a local 911 system recommended by the South Carolina National Emergency Number Association, two must be employees of CMRS providers licensed to do business in the State, one must be an employee of a telephone (local exchange access facility) service supplier licensed to do business in the State, and one consumer; and four members appointed by the Executive Director of the Revenue and Fiscal Affairs Office of which one must be its Executive Director or his designee, one must be an individual with GIS expertise, one must be an individual with knowledge of communication operations or technology, and one county administrator recommended by the South Carolina Association of Counties. There is no expense reimbursement or per diem payment made to members of the committee for attendance in committee or subcommittee meeting. However, upon prior approval by the Executive Director of the Revenue and Fiscal Affairs Office, members of the committee may be reimbursed by the Revenue and Fiscal Affairs Office, pursuant to state travel guidelines, for travel associated with their service on the committee.
(2) All committee members, except the ex officio members executive director or his designee, must be appointed for a three-year term by the Governor. These eleven committee members may be appointed to one subsequent consecutive term. A member may not be reappointed in a different capacity in order to circumvent the two consecutive term limitation. A member who has served the maximum consecutive terms is eligible for reappointment to a subsequent term after three years absence from the committee. /
Amend the bill further by striking SECTION 7 in its entirety and inserting:
/ SECTION 7. Section 23-47-75 of the 1976 Code is amended to read:
"Section 23-47-75. (A) CMRS location information obtained by safety personnel or for public safety personnel for public safety purposes is not public information under the Freedom of Information Act.
(B) A person may not disclose or use, for any purpose other than for the 911 or other emergency calling system, information contained in the data base of the telephone network portion of a 911 or other emergency calling system established pursuant to this chapter.
(C) For all information not covered by subsections (A) and (B), a PSAP may exempt from disclosure:
(1) individual identifying information of an individual calling a 911 center, victim, or witness; or
(2) images or video from a place where the 911 caller would have a reasonable expectation of privacy as defined in Section 16-17-470(D)(1).
The local government is responsible for the release of its information.
(D) This section shall not apply if the PSAP or a court order determines that the public interest in disclosure outweighs the interest in nondisclosure.
(E) As used in this section, the term "identifying information" includes name, telephone number, and home address. The term does not include: (1) the location of the incident, unless the location is the caller's, victim's, or witness' home address or the disclosure of the location would compromise the identity of the caller, victim, or witness; or
(2) the street block identifier, the cross street, or the mile marker nearest the scene of the incident, which shall be public." /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER explained the amendment.
The amendment was then adopted.
Rep. FORRESTER explained the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Blackwell Brown Bryant Burns Calhoon Caskey Chumley Clary Clemmons Clyburn Cogswell Collins B. Cox W. Cox Crawford Davis Dillard Elliott Felder Finlay Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan King Kirby Ligon Loftis Long Lowe Mace Magnuson Martin McCoy McCravy McGinnis Moore Morgan D. C. Moss V. S. Moss B. Newton Parks Pendarvis Pope Ridgeway Rivers Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER PRO TEMPORE granted Rep. LUCAS a temporary leave of absence.
The following Bill was taken up:
H. 3755 (Word version) -- Reps. Sandifer, Spires and Anderson: A BILL TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO AUTOMOBILE INSURANCE COVERAGE, SO AS TO REMOVE CERTAIN REQUIREMENTS FOR THE RENEWAL OF AN AUTOMOBILE COVERAGE POLICY AND TO DEFINE THE TERM "REDUCTION IN COVERAGE"; AND TO AMEND SECTION 38-77-120, RELATING TO NOTICE REQUIREMENTS FOR CANCELLATION OR THE REFUSAL TO RENEW A POLICY, SO AS TO ALLOW FOR AN INSURER TO RENEW A POLICY WITH A REDUCTION IN COVERAGE AND TO PROVIDE CERTAIN REQUIREMENTS FOR THE REDUCTION IN COVERAGE.
Rep. SPIRES explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bales Ballentine Bamberg Bannister Blackwell Bradley Brown Bryant Burns Calhoon Chumley Clary Clemmons Cobb-Hunter Cogswell Collins B. Cox Daning Davis Elliott Felder Finlay Forrest Forrester Gagnon Garvin Gilliam Govan Hardee Hayes Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson King Kirby Ligon Loftis Long Lowe Mace Magnuson Martin McKnight V. S. Moss B. Newton W. Newton Ott Pope Ridgeway Rutherford Sandifer Simrill G. M. Smith Sottile Spires Stringer Tallon Taylor Thayer Thigpen Toole Weeks West Wheeler Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
Bailey Caskey Fry Gilliard Jordan McCoy McGinnis Moore Morgan D. C. Moss Pendarvis Rose G. R. Smith Stavrinakis Trantham
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3200 (Word version) -- Reps. Henderson-Myers, Allison, Bernstein, Govan, Ridgeway, Clyburn, Brawley, McDaniel, Cogswell, Caskey, Norrell and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA LACTATION SUPPORT ACT" BY ADDING SECTION 41-1-130 SO AS TO DEFINE NECESSARY DEFINITIONS, TO PROVIDE EMPLOYERS DAILY SHALL PROVIDE EMPLOYEES WITH REASONABLE UNPAID BREAK TIME OR SHALL PERMIT EMPLOYEES TO USE PAID BREAK TIME OR MEAL TIME TO EXPRESS BREAST MILK, TO PROVIDE EMPLOYERS SHALL MAKE REASONABLE EFFORTS TO PROVIDE CERTAIN AREAS WHERE EMPLOYEES MAY EXPRESS BREAST MILK, TO PROVIDE EMPLOYERS MAY NOT DISCRIMINATE AGAINST EMPLOYEES FOR CHOOSING TO EXPRESS BREAST MILK IN THE WORKPLACE IN COMPLIANCE WITH THE PROVISIONS OF THIS ACT, AND TO PROVIDE REMEDIES FOR VIOLATIONS; AND TO PROVIDE RELATED FINDINGS AND EXPRESS RELATED POLICIES.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3200 (COUNCIL\WAB\3200C002. RT.WAB19), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act must be known and may be cited as the "South Carolina Lactation Support Act".
SECTION 2. It is the intent of the General Assembly, by this act, to promote public health and to support those who wish to express breast milk at work by requiring employers to make reasonable efforts to provide workers with reasonable unpaid break time and space to express milk at work. This act will not require employers to compensate employees for breaks taken to express breast milk unless the employer already provides compensated breaks and does not require employers to create a permanent or dedicated space for use by pumping employees. South Carolina ranks far lower than the national average of breastfed infants. Providing workers reasonable support to express milk on the job is a crucial health measure and will benefit South Carolina's economy by keeping nursing employees in the workforce.
SECTION 3. Chapter 1, Title 41, of the 1976 Code is amended by adding:
" Section 41-1-130. (A) As used in this section, 'employer' means a person or entity that employs one or more employees and includes the State and its political subdivisions.
(B) An employer shall provide an employee with reasonable unpaid break time or shall permit an employee to use paid break time or meal time each day to express breast milk. The employer shall make reasonable efforts to provide a room or other location, other than a toilet stall, in close proximity to the work area, where an employee may express milk in privacy. An employer may not discriminate against an employee for choosing to express breast milk in the work place in compliance with the provisions of this section. The break time must, if possible, run concurrently with any break time already provided to the employee. The employee shall make reasonable efforts to minimize disruption to the employer's operations. The employer must be held harmless if it makes reasonable efforts to comply with this subsection. This section does not require an employer to provide break time if doing so would create an undue hardship on the operations of the employer.
(C) The procedures for seeking redress for violations of this chapter are provided in Section 1-13-90."
SECTION 4. Within thirty days after approval by the Governor of this act, the South Carolina Human Affairs Commission shall post on its website information to educate employers, employees, and employment agencies about their rights and responsibilities under this act. The website must include a phone number for employers to call to receive information about this act and assistance in complying with the provisions of this act, and a link to additional information on this act on the commission's website.
SECTION 5. Employers have thirty days after the South Carolina Human Affairs Commission posts the required information in SECTION 4 to its website before they must comply with the provisions of this act.
SECTION 6. Nothing in this act may be construed to preempt, limit, diminish, or otherwise affect another provision of federal, state, or local law, or to invalidate or limit the remedies, rights, and procedures of a federal, state, or local law that provides greater or equal protection for an employee affected by pregnancy, childbirth, or a related condition.
SECTION 7. This act takes effect thirty days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. THAYER explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Elliott Felder Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Ligon Loftis Long Lowe Mace Mack Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss B. Newton W. Newton Ott Pendarvis Pope Ridgeway Rose Rutherford Sandifer Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Trantham Weeks West White Whitmire R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
During the vote on H. 3200, my voting card malfunctioned and did not register my vote. I would like for the Journal to reflect my intent to vote in favor of the Bill.
Rep. Bobby Cox
The following Bill was taken up:
S. 482 (Word version) -- Senators Campbell and Bennett: A BILL TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cogswell Collins B. Cox W. Cox Crawford Daning Davis Elliott Felder Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Herbkersman Hewitt Hill Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Ligon Loftis Long Lowe Mace Mack Magnuson Martin McCoy McCravy McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pendarvis Pope Ridgeway Rose Rutherford Simrill G. M. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Thigpen Toole Trantham Weeks West Wheeler White R. Williams S. Williams Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: H. 4000 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2019, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. G. M. SMITH moved to adjourn debate on the Bill until Thursday, March 7, which was agreed to.
The following Joint Resolution was taken up:
H. 4001 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2018-2019, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Rep. G. M. SMITH moved to adjourn debate on the Joint Resolution until Thursday, March 7, which was agreed to.
The following Joint Resolution was taken up:
H. 4157 (Word version) -- Reps. Lucas, G. M. Smith, Simrill, Bannister and Clemmons: A JOINT RESOLUTION TO EXTEND THE DEADLINE TO SUBMIT OFFERS FOR A SOLICITATION FOR A STATEWIDE VOTING SYSTEM SOLUTION FOR THE SOUTH CAROLINA ELECTIONS COMMISSION AND TO CREATE A SPECIAL EVALUATION PANEL TO EVALUATE AND SCORE EACH PROPOSAL.
Rep. G. M. SMITH explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bales Ballentine Bamberg Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cogswell Collins B. Cox W. Cox Daning Davis Elliott Felder Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Govan Hardee Hayes Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Ligon Loftis Long Lowe Mace Mack Magnuson Martin McCoy McCravy McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton Pendarvis Pope Ridgeway Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Wooten Young
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. HIOTT, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 3079 (Word version) -- Reps. Pope, Burns, Bryant, Clyburn and Yow: A BILL TO AMEND SECTION 16-11-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRESPASSING AND THE POSTING OF NOTICE OF TRESPASSING, SO AS TO ALLOW FOR A DIFFERENT METHOD OF THE POSTING OF NOTICE OF TRESPASSING INVOLVING CLEARLY VISIBLE PURPLE-PAINTED BOUNDARIES.
Rep. CLEMMONS asked unanimous consent to recall H. 3775 (Word version) from the Committee on Judiciary.
Rep. KING objected.
Rep. R. WILLIAMS asked unanimous consent to recall H. 3327 (Word version) from the Committee on Education and Public Works.
Rep. TAYLOR objected.
Rep. R. WILLIAMS asked unanimous consent to recall H. 3335 (Word version) from the Committee on Judiciary.
Rep. LONG objected.
Rep. CLEMMONS asked unanimous consent to recall H. 3775 (Word version) from the Committee on Judiciary.
Rep. HART objected.
The Veto on the following Act was taken up: (R. 4, S. 335 (Word version)) -- Senator Massey: AN ACT TO AMEND ACT 516 OF 1976, RELATING TO THE ELECTION OF COMMISSIONERS OF THE BATH, LANGLEY, AND CLEARWATER WATER AND SEWER DISTRICTS IN AIKEN COUNTY, SO AS TO CHANGE THE COMMENCEMENT DATE OF EACH COMMISSIONER'S TERM OF OFFICE TO JANUARY FIRST IN THE YEAR FOLLOWING THE COMMISSIONER'S ELECTION AND TO CHANGE THE TERM EXPIRATION DATE TO DECEMBER THIRTY-FIRST OF EACH EVEN-NUMBERED YEAR; AND TO AMEND ACT 1006 OF 1958, RELATING TO THE ELECTION OF COMMISSIONERS OF THE BATH, LANGLEY, AND CLEARWATER WATER AND SEWER DISTRICTS IN AIKEN COUNTY, SO AS TO CHANGE THE COMMENCEMENT DATE OF EACH COMMISSIONER'S TERM TO JANUARY FIRST IN THE YEAR FOLLOWING THE COMMISSIONER'S ELECTION, TO CHANGE THE ELECTION DATE FOR COMMISSIONERS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER AND TO PROVIDE FOR STAGGERED TERMS, TO REVISE THE PROCEDURES FOR ADVERTISING ELECTIONS FOR COMMISSIONERS IN A NEWSPAPER OF GENERAL CIRCULATION, TO REQUIRE COMMISSION CANDIDATES TO FILE STATEMENTS OF INTENTION OF CANDIDACY WITH THE AIKEN COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS, AND TO ESTABLISH THE FILING PERIOD FOR THE ELECTION OF COMMISSIONERS.
Rep. TAYLOR moved to adjourn debate on the Veto until Thursday, March 7, which was agreed to.
The following Bill was taken up: H. 3417 (Word version) -- Reps. Tallon, Wooten, W. Newton, Fry, R. Williams, Clemmons and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT WITHIN THE STATE LAW ENFORCEMENT DIVISION; TO REPEAL SECTION 23-6-60 RELATING TO THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT ESTABLISHED WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND TO TRANSFER ALL THE ASSOCIATED EMPLOYEES, AUTHORIZED APPROPRIATIONS, ASSETS, AND LIABILITIES.
Rep. MOORE requested unanimous consent to amend the Bill on third reading.
Rep. WOOTEN objected.
Rep. HART moved to recommit the Bill to the Committee on Judiciary.
Rep. TALLON moved to table the motion.
Rep. HART demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Ballentine Bannister Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins B. Cox W. Cox Daning Davis Elliott Forrest Forrester Fry Gagnon Gilliam Hardee Hayes Herbkersman Hewitt Hiott Hixon Hosey Huggins Hyde Johnson Jordan Kimmons Ligon Loftis Long Lowe Mace Magnuson Martin McCoy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Trantham West White Whitmire Willis Wooten
Those who voted in the negative are:
Anderson Bamberg Cobb-Hunter Garvin Gilliard Hart Jefferson King Moore Pendarvis Ridgeway Rose Rutherford Thigpen Weeks Wheeler S. Williams
So, the motion to recommit the Bill was tabled.
Rep. HART moved to adjourn debate on the Bill until Tuesday, March 12, which was not agreed to.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up: H. 3031 (Word version) -- Reps. Funderburk, Hosey, Norrell, R. Williams and Henderson-Myers: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF THE VOTER REGISTRATION BOOKS, SO AS TO CHANGE THE DATE ON WHICH THE REGISTRATION BOOKS MUST BE CLOSED FROM THIRTY DAYS BEFORE EACH ELECTION TO TWENTY DAYS; TO AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION OF ELECTORS BY MAIL, SO AS TO REDUCE FROM THIRTY DAYS TO TWENTY DAYS THE TIME REQUIRED BEFORE AN ELECTION TO FILE THE APPROPRIATE STATE OR FEDERAL REGISTRATION BY MAIL APPLICATION FORM; TO AMEND SECTION 7-5-185, RELATING TO ELECTRONIC APPLICATIONS FOR VOTER REGISTRATION, SO AS TO PROVIDE THAT AN APPLICATION IS EFFECTIVE UPON RECEIPT OF THE APPLICATION BY THE STATE ELECTION COMMISSION IF THE APPLICATION IS RECEIVED TWENTY DAYS BEFORE AN ELECTION TO BE HELD IN THE PRECINCT OF THE PERSON SUBMITTING THE APPLICATION; TO AMEND SECTION 7-5-220, RELATING TO THE REQUIREMENT THAT REGISTRATION MADE THIRTY DAYS OR LESS BEFORE AN ELECTION IS NOT VALID FOR THAT ELECTION, SO AS TO SHORTEN THE REGISTRATION DEADLINE FROM THIRTY DAYS OR LESS TO TWENTY DAYS OR LESS; TO AMEND SECTION 7-5-330, RELATING TO THE COMPLETION, RECEIPT, OR DISPOSITION OF A VOTER REGISTRATION APPLICATION, SO AS TO SHORTEN APPLICABLE DEADLINES REGARDING THE COMPLETION, RECEIPT, OR DISPOSITION OF CERTAIN VOTER REGISTRATION DEADLINES FROM THIRTY DAYS TO TWENTY DAYS; TO AMEND SECTION 7-5-440, RELATING TO FAILURES TO NOTIFY COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS OF CHANGES IN ADDRESS, SO AS TO CHANGE THE TIME PERIOD IN WHICH NOTIFICATION DOES NOT OCCUR FROM THIRTY DAYS BEFORE AN ELECTION TO TWENTY DAYS; TO AMEND SECTION 7-7-990, RELATING TO THE ACCESSIBILITY OF POLLING PLACES, SO AS TO CHANGE THE PERIOD FROM THIRTY DAYS BEFORE AN ELECTION TO TWENTY DAYS BEFORE AN ELECTION IN WHICH AN ELECTOR MAY APPLY FOR AND RECEIVE A TRANSFER AUTHORIZATION ALLOWING THE ELECTOR TO VOTE AT A COUNTY BARRIER-FREE POLLING PLACE; AND TO AMEND SECTION 7-15-120, RELATING TO ABSENTEE VOTER REGISTRATION FORMS, SO AS TO REDUCE FROM THIRTY DAYS TO TWENTY DAYS BEFORE THE ELECTION THE DEADLINE FOR VOTER REGISTRATION.
Rep. HILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bales Bamberg Brown Caskey Chellis Clary Clyburn Cobb-Hunter Cogswell Collins W. Cox Elliott Garvin Gilliam Gilliard Hayes Hosey Hyde Jefferson King Kirby Mack McCoy Moore D. C. Moss W. Newton Ott Pendarvis Ridgeway Rose Rutherford Stavrinakis Tallon Thigpen Weeks Wheeler R. Williams S. Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Blackwell Bradley Bryant Burns Calhoon Chumley Clemmons B. Cox Daning Davis Forrest Forrester Fry Gagnon Hardee Hewitt Hill Hiott Hixon Huggins Johnson Jordan Kimmons Ligon Loftis Long Lowe Mace Magnuson Martin McCravy McGinnis Morgan V. S. Moss Murphy B. Newton Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Taylor Thayer Toole Trantham West White Whitmire Willis Wooten
The following Concurrent Resolution was taken up:
S. 402 (Word version) -- Senator Gregory: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE SECTION OF SOUTH CAROLINA HIGHWAY 5 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 521 TO THE CATAWBA RIVER IN LANCASTER COUNTY "DENNIS C. STRAIGHT MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. SIMRILL.
The following Bill was taken up:
H. 3046 (Word version) -- Reps. Pope, Bryant, Caskey, B. Newton, Wooten, Davis, Murphy, Clemmons, Hixon, West, Forrest, Bannister, Yow, Bales and Fry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 8, TITLE 16 ENTITLED "TERRORISM", TO PROVIDE FOR THE OFFENSE OF FURTHERING TERRORISM, DEFINE THE ELEMENTS OF THE OFFENSE, AND TO PROVIDE A PENALTY; TO CREATE THE OFFENSE OF MATERIAL OR FINANCIAL SUPPORT OF AN ACT OF TERRORISM OR CONCEALMENT OF THE ACTIONS OR PLANS OF ANOTHER TO CARRY OUT AN ACT OF TERRORISM, DEFINE THE ELEMENTS OF THE OFFENSE, AND TO PROVIDE A PENALTY; AND TO PROVIDE FOR THE SEIZURE AND FORFEITURE OF REAL AND PERSONAL PROPERTY USED IN CONNECTION WITH AN OFFENSE CONTAINED IN THE ARTICLE.
Rep. SIMRILL moved to adjourn debate on the Bill until Thursday, March 7, which was agreed to.
The following Bill was taken up:
H. 3705 (Word version) -- Reps. Spires and Sandifer: A BILL TO AMEND SECTION 38-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO APPLY THE PROVISIONS OF CHAPTER 31, TITLE 38, TO A CLAIM OR LOSS COVERED BY SELF-INSURANCE THAT OCCURRED PRIOR TO THE ACQUISITION OF A BLOCK OF BUSINESS BY A LICENSED INSURER; AND TO AMEND SECTION 42-5-20, RELATING TO INSURANCE REQUIREMENTS FOR WORKERS' COMPENSATION, SO AS TO PROHIBIT A SELF-INSURER FROM PARTICIPATING IN OR OBTAINING BENEFITS FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION AND TO REQUIRE THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION TO SECURE AN ACTUARIAL OPINION BEFORE APPROVING THE TRANSFER OF A SELF-INSURER TO A LICENSED INSURER.
Rep. SANDIFER moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up: H. 3355 (Word version) -- Reps. Taylor, Allison, Elliott, Tallon, Cogswell, McCravy, V. S. Moss, Young, McGinnis, Stringer, Felder, Calhoon, Hardee, Govan, Hixon, W. Newton, Chellis, Toole and Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "DRIVING UNDER THE INFLUENCE OF AN ELECTRONIC DEVICE OR DUI-E LAW", TO AMEND SECTION 56-5-3890, RELATING TO THE UNLAWFUL USE OF A WIRELESS COMMUNICATIONS DEVICE WHILE OPERATING A MOTOR VEHICLE, SO AS TO REVISE THE DEFINITION OF CERTAIN TERMS, REVISE THE CIRCUMSTANCES WHEN IT IS UNLAWFUL TO USE A WIRELESS DEVICE, TO CREATE THE OFFENSE OF DRIVING WHILE USING AN ELECTRONIC DEVICE, TO MAKE TECHNICAL REVISIONS, AND TO PROVIDE THAT AT CERTAIN POINTS ALONG THE STATE'S INTERSTATE HIGHWAYS, THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY MOTORISTS OF THE PROVISIONS OF THIS ACT.
Rep. TAYLOR moved to adjourn debate on the Bill until Wednesday, March 20, which was agreed to.
The following Joint Resolution was taken up:
H. 4054 (Word version) -- Rep. Sandifer: A JOINT RESOLUTION TO ALLOW FOR THE SUBMISSION OF LESS THAN THREE QUALIFIED APPLICANTS TO THE GOVERNOR TO SERVE AS EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE.
Rep. SANDIFER spoke in favor of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Bamberg Bannister Blackwell Bradley Bryant Burns Calhoon Chellis Chumley Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Davis Elliott Felder Forrest Forrester Fry Gagnon Garvin Gilliam Hardee Hart Hayes Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Ott Pope Ridgeway Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Trantham Weeks West White Whitmire S. Williams Willis Wooten
Those who voted in the negative are:
Gilliard R. Williams
So, the Joint Resolution was read the second time and ordered to third reading.
At 12:30 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
S. 479 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO WELCOME THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE BRETT REISTAD, TO SOUTH CAROLINA AND TO INVITE HIM TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON WEDNESDAY, MARCH 6, 2019. The Honorable Brett P. Reistad and distinguished party were escorted to the rostrum by Senators Cromer, Young, Alexander, Scott and McElveen and Representatives CASKEY, B. COX, WOOTEN, HOSEY and R. WILLIAMS. The Lieutenant Governor recognized our special guests and then the National American Legion Commander addressed the General Assembly as follows:
Lt. Governor Evette, Mr. Speaker, Senators and Representatives, it's truly an honor to speak to such a distinguished Body in this historic Statehouse.
Before I begin, please allow me to take a moment to introduce members of The American Legion family who are with me today.
We have with us the Commander of the South Carolina American Legion, John H. Britt of Laurens, The Department Adjutant, Nick Diener of Columbia, and National Executive Committeeman, Michael D. Strauss of North Augusta. It is also my pleasure to introduce the President of the Department of South Carolina American Legion Auxiliary, Pat Jarvis of Columbia; National Executive Committeewoman for the Department of South Carolina American Legion Auxiliary, Judy Hennis of Murrells Inlet; Sons of the American Legion Detachment of South Carolina, Commander Boyd Comer of York; and American Legion Riders of South Carolina State Director, L.Z. Harrison of Columbia. And finally, I'd like to introduce and thank the Director of the South Carolina Division of Veterans Affairs, Howard Metcalf.
On behalf of the nearly two million Legionnaires around the world and the 164 American Legion posts throughout the State of South Carolina, I want to express my appreciation for what you do for our men and women who serve in our military and our veterans from past wars.
Since my predecessor spoke to you at about this time last year, South Carolina has lost another hero in service to his country. Sergeant First Class Christopher Celiz was an Army Ranger and a Summerville native. He attended Summerville High School and later the Citadel, before enlisting in the Army in 2007.
This past summer, while serving in Afghanistan, he was wounded by enemy small-arms fire as he was supporting a landing zone for a medical evacuation. He lost his life on July 12, 2018. He was only 32.
You can tell a lot about a person by their friends. Sergeant First Class Celiz had many of them. More than 300 packed the synagogue for his funeral service and many more waited outside in the open doorway and on the sidewalk, according to a report in the Post and Courier. A friend told the newspaper, "I've never seen a man love his wife and his child as much as he loved them."
Some losses just cannot be replaced. At the same moment that the 75th Army Ranger Regiment lost a hero, a wife lost a husband and an 8-year-old girl lost a dad.
In a letter to a Gold Star mother during the Civil War, President Lincoln wrote, "I pray that our Heavenly Father may assuage the anguish of your bereavement, and leave you only the cherished memory of the loved and lost, and the solemn pride that must be yours to have laid so costly a sacrifice upon the altar of freedom."
Families such as these must not grieve alone. The American Legion recently created a full-time staff position at our national headquarters in Washington to advocate for Gold Star families. During my testimony before the U.S. Congress last week, I asked that access always be granted to family members visiting the Fallen at cemeteries located on federal land.
But most importantly, is the support. We must be there to help these families through a devastating loss that only those who have experienced it can fully understand.
We can never completely heal their hearts, but we can make day-to-day life easier. That is why The American Legion offers scholarships for their children and a Family Support Network to help with household tasks and other needs.
South Carolina takes its obligation toward all veterans and their families seriously. From offering tax exemptions to free hunting and fishing licenses, this is a state that truly honors military service. It why more than 400,000 veterans choose to live in the Palmetto State.
And recent legislative actions by this great Body make the State even more veteran-friendly.
We are particularly grateful to you for the millions of dollars that you appropriated for new veterans' homes in Columbia, Florence, and Gaffney.
Your existing homes are filled to capacity and we all know that the high cost of long-term care is out of reach for many Americans, but especially those who spent many of their prime working years in service to their country. The American Legion is also supportive of any measure that would elevate Veterans Affairs to the executive status that it deserves. On a federal level, The American Legion was a strong advocate to elevate the previous Veterans Administration to the Department of Veterans Affairs. In the 30 years since the change, VA - while not perfect - has been characterized by many experts as the best health care system in the country. We believe such a move on the state level, would be good for South Carolina's veterans.
We also thank Governor McMaster for his support of "Boots in Service," a program that provides free boarding and care for the pets of veterans who have no other options, while they undergo their own medical treatment at the VA.
This is a State with a strong military presence. You are home to eight military installations, not including local guard and reserve centers. Men and women of every ethnic background, religious belief and economic status combine their diversity with their common love for this country. Yet, one group in particular, faced enormous stress and hardship that should never be a part of military life.
That group is the United States Coast Guard.
2019 marked the first time in history that a branch of the armed forces missed a paycheck due to a federal government shutdown.
The American Legion believes this was a disgrace.
Despite the stoppage of pay, the men and women of the Coast Guard, continued to deploy more than 2,000 members a day at sea and ashore in direct support of Department of Defense operations and global priorities. Yet, they were treated differently than their DoD counterparts because a Washington flowchart places the service under the Department of Homeland Security.
Pay uncertainty is difficult for everyone impacted, but especially to those who - by contract - are required to continue working and risking their lives in an occupation that provides modest pay under the best of circumstances. A junior enlisted member of the Coast Guard with less than two years of service earns less than $23,200 per year in base pay. This is less than the poverty level for a family of four.
During a two-week period in January, The American Legion provided more than one million dollars of financial assistance to Coast Guard families with young children. This was in the form of nonrepayable grants. Nearly $25,000 of this assistance went to Coast Guard families stationed right here in South Carolina.
As a nonprofit, however, we are not capable of covering the entire Coast Guard payroll.
This is why we are asking Congress and the White House to live up to their constitutionally-mandated missions to support our military. Whether it's through the Pay Our Coast Guard Act or advanced appropriations for Coast Guard payroll, we should all abide by the Semper Paratus motto of "always prepared." I hope that we have to never again experience another government shutdown, but - if that's the case - I know that veterans and military members in South Carolina can count on the elected leaders of this State to help minimize their hardships.
The impact of government shutdowns is long lasting. Future recruiting and retention goals in the U.S. Coast Guard may be just some of the unfortunate casualties of this year's budget wars.
Another special population that takes its mission seriously is our nation's law enforcement officers. Last year, 150 of these heroes died in the line of duty, defending us in cities, towns, and rural counties throughout the United States. It is not surprising that many military veterans continue to serve their country through careers in law enforcement. Service before self, even to the point of sacrificing ones' life if necessary, is just one of the many commonalities shared between military members and first responders.
From an epidemic of opioids to criminal gang activity and domestic terrorism, the life of a law enforcement officer is fraught with danger. We ask that this legislature always consider how laws that you pass impact members of these special communities.
They earn our support daily.
This is a very special time in American Legion history. Next week we will celebrate our 100th birthday. A century ago, The American Legion was founded by World War I veterans with a post-war mission. That mission, which continues today, was to care for veterans, provide patriotic programs for our nation's youth, advocate for a strong national defense and instill a societal pride in what it means to be an American.
We don't have to tell you what it means to an American. The patriotism of South Carolina is apparent for all to see. It is especially demonstrated by your hospitality toward veterans and our military.
Now, if you would allow me for one moment to call to the dais two members of this distinguished Body who have proven that they do care about those who have served. They have been designated by The American Legion Department of South Carolina as the Outstanding Members of the Legislature for 2019. They are true friends of veterans and The American Legion.
Senator Thomas Alexander and Representative W. Brian White would you please join me?
We appreciate all that you do on behalf of veterans.
Thank you so much, South Carolina Legislature.
God Bless you and God Bless America.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:48 p.m. the House resumed, the SPEAKER in the Chair.
Rep. SIMRILL moved that the House recede until 1:45 p.m., which was agreed to.
At 1:45 p.m. the House resumed, Acting SPEAKER BRYANT in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up: H. 3759 (Word version) -- Reps. Lucas, Allison, Felder, Pope, Simrill, Rutherford, Whitmire, G. M. Smith, McCoy, Hiott, Sandifer, Clary, G. R. Smith, Murphy, Taylor, Govan, W. Newton, Funderburk, Elliott, B. Newton, Weeks, Hewitt, Bailey, Hixon, Calhoon, Bennett, Young, Norrell, Hyde, Jordan, Bamberg, Ligon, Sottile, Cogswell, Daning, Loftis, Burns, Wheeler, Kirby, Tallon, Caskey, West, Collins, Forrester, Spires, Thayer, Wooten, Huggins, Willis, Herbkersman, Stringer, Erickson, Bradley, McCravy, Lowe, Clemmons, Davis, Bannister, Ridgeway, Atkinson, Bryant, Bales, Alexander, R. Williams, B. Cox, Martin, Jefferson, Fry, Hosey, Clyburn, Chellis, Kimmons, Rivers, Forrest, Mace, Johnson, Robinson, Dillard, Rose, Anderson, McGinnis, Hardee, Brown, Long, D. C. Moss, V. S. Moss, Gilliam, Chumley, Gagnon, Blackwell, Bernstein, Stavrinakis, Morgan, Finlay, Crawford, Henderson-Myers, Gilliard, Trantham, Garvin, S. Williams and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CAREER OPPORTUNITY AND ACCESS FOR ALL ACT"; BY ADDING SECTION 59-1-485 SO AS TO PROVIDE A STATEWIDE COLLEGE AND CAREER READINESS GOAL FOR 2030; BY ADDING ARTICLE 15 TO CHAPTER 63, TITLE 59 SO AS TO CREATE THE "STUDENT BILL OF RIGHTS"; TO AMEND SECTION 59-5-10, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ADD A PUBLIC SCHOOL STUDENT APPOINTED BY THE GOVERNOR TO SERVE A TWO-YEAR TERM AS A NONVOTING ADVISORY MEMBER; BY ADDING CHAPTER 12 TO TITLE 1 SO AS TO CREATE THE "ZERO TO TWENTY COMMITTEE" AND TO PROVIDE FOR THE PURPOSES, MEMBERSHIP, AND DUTIES OF THE COMMITTEE; BY ADDING SECTION 59-29-250 SO AS TO PROVIDE FOR THE EXPANSION AND ENHANCEMENT OF COMPUTER SCIENCE EDUCATION IN HIGH SCHOOLS; TO AMEND SECTION 59-18-310, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM, SO AS TO REMOVE SOCIAL STUDIES FROM THE ACADEMIC AREAS ASSESSED; TO AMEND SECTION 59-18-320, RELATING TO FIELD TESTS IN THE STATEWIDE ASSESSMENT PROGRAM AND ADMINISTRATION OF ASSESSMENTS UNDER THE PROGRAM, SO AS TO MAKE CHANGES TO CONFORM TO THE REMOVAL OF SOCIAL STUDIES FROM THE ACADEMIC AREAS ASSESSED; TO AMEND SECTION 59-18-325, RELATING TO REQUIREMENTS THAT THE DEPARTMENT PROCURE AND ADMINISTER CERTAIN STANDARDS-BASED ASSESSMENTS, SO AS TO REMOVE THE REQUIREMENT FOR PROCURING AND ADMINISTERING STANDARDS-BASED ASSESSMENTS IN SOCIAL STUDIES TO STUDENTS IN FIFTH GRADE AND SEVENTH GRADE; BY ADDING SECTION 59-156-250 SO AS TO PROVIDE THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS AND THE STATE DEPARTMENT OF EDUCATION SHALL COMPILE AND REPORT TO THE GENERAL ASSEMBLY CERTAIN INFORMATION ABOUT EARLY CHILDHOOD READING EFFORTS, PLANS TO INCREASE PARTICIPATION IN RELATED PROGRAMS IN CERTAIN DISTRICTS, AND TO REQUIRE A SUBSEQUENT REPORT IN FIVE YEARS; TO AMEND SECTION 59-104-20, RELATING TO THE CRITERIA FOR PALMETTO FELLOWS SCHOLARSHIPS, SO AS TO STRENGTHEN ENGLISH, MATHEMATICS, AND COMPUTER SCIENCE FOUNDATIONS OF HIGH SCHOOL SENIORS SEEKING PALMETTO FELLOWS SCHOLARSHIPS BY REQUIRING SUCCESSFUL COMPLETION OF CERTAIN ENGLISH AND MATHEMATICS OR COMPUTER SCIENCE COURSEWORK DURING THEIR SENIOR YEARS, AND TO EXCLUDE MEMBERS OF THE 2019-2020 SENIOR CLASS FROM THESE REQUIREMENTS; TO AMEND SECTION 59-149-50, RELATING TO THE CRITERIA FOR LIFE SCHOLARSHIPS, SO AS TO STRENGTHEN ENGLISH, MATHEMATICS, AND COMPUTER SCIENCE FOUNDATIONS OF HIGH SCHOOL SENIORS SEEKING LIFE SCHOLARSHIPS BY REQUIRING SUCCESSFUL COMPLETION OF CERTAIN ENGLISH AND MATHEMATICS OR COMPUTER SCIENCE COURSEWORK DURING THEIR SENIOR YEARS, AND TO EXCLUDE MEMBERS OF THE 2019-2020 SENIOR CLASS FROM THESE REQUIREMENTS; TO AMEND SECTION 59-59-210, RELATING TO ARTICULATION AGREEMENTS PROVIDING DUAL ENROLLMENT BETWEEN HIGH SCHOOLS AND PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO EXPAND SUCH DUAL ENROLLMENT OPPORTUNITIES BY CREATING A UNIFORM SYSTEM OF DUAL ENROLLMENT COLLEGE COURSES OFFERED TO HIGH SCHOOL STUDENTS BY PUBLIC INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-18-365 SO AS TO PROVIDE A SYSTEM FOR ACCOUNTABILITY FOR STUDENT PROGRESS TOWARD COLLEGE AND CAREER READINESS FROM KINDERGARTEN THROUGH TWELFTH GRADE; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE REMEDIAL COURSEWORK FOR COLLEGE READINESS ONLY MAY BE PROVIDED AT THE HIGH SCHOOL LEVEL AND MAY NOT BE PROVIDED AT PUBLIC INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTIONS 59-18-1950 AND 59-101-350, BOTH RELATING TO REMEDIAL COURSEWORK, SO AS TO MAKE A CONFORMING CHANGE TO THE ELIMINATION OF REMEDIAL COURSEWORK BEING OFFERED AT PUBLIC INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-155-155 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL APPROVE NO MORE THAN FIVE RELIABLE AND VALID EARLY LITERACY AND NUMERACY SCREENING ASSESSMENT INSTRUMENTS FOR SELECTION AND USE BY SCHOOL DISTRICTS FOR KINDERGARTEN THROUGH THIRD GRADE, AND TO PROVIDE REQUIREMENTS FOR SUCH INSTRUMENTS; TO AMEND SECTION 59-155-110, RELATING TO THE READ TO SUCCEED OFFICE, SO AS TO CORRECT A TYPOGRAPHICAL ERROR; TO AMEND SECTION 59-155-120, RELATING TO DEFINITIONS IN THE READ TO SUCCEED ACT, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-155-130, RELATING TO DUTIES OF THE READ TO SUCCEED OFFICE, SO AS TO REVISE THE REQUIREMENTS CONCERNING COURSEWORK NECESSARY FOR LITERACY ADD-ON ENDORSEMENTS AND TO REVISE REQUIREMENTS FOR PROFESSIONAL DEVELOPMENT IN READING AND COACHING FOR CERTIFIED READING/LITERACY COACHES AND LITERACY TEACHERS; TO AMEND SECTION 59-155-140, RELATING TO THE STATE READING PROFICIENCY PROGRAM, SO AS TO REMOVE THE USE OF BOOK CLUBS FOR CERTAIN REQUIRED SUPPLEMENTAL INSTRUCTION; TO AMEND SECTION 59-155-150, RELATING TO THE READINESS ASSESSMENT PROVIDED BY THE READ TO SUCCEED ACT, SO AS TO REVISE THE REQUIREMENTS FOR SCREENING AND DIAGNOSTIC ASSESSMENTS AND INTERVENTIONS; TO AMEND SECTION 59-155-160, RELATING TO MANDATORY STUDENT RETENTION PROVISIONS OF THE READ TO SUCCEED ACT, SO AS TO REVISE CRITERIA FOR RETENTION AND EXEMPTIONS FROM RETENTION, TO ELIMINATE AN APPEALS PROCESS, AND TO REVISE CRITERIA FOR INTENSIVE INSTRUCTIONAL SERVICES AND SUPPORT PROVIDED TO RETAINED STUDENTS; TO AMEND SECTION 59-155-180, RELATING TO PROVISIONS CONCERNING TEACHER EDUCATION PROGRAMS IN THE READ TO SUCCEED ACT, SO AS TO REMOVE THE REQUIREMENT THAT READING/LITERACY COACHES BE EMPLOYED IN ALL ELEMENTARY SCHOOLS, TO REVISE REQUIREMENTS CONCERNING THE ROLES AND FUNCTIONS OF READING/LITERACY COACHES, TO PROVIDE MEASURES TO ENSURE TEACHER CANDIDATES UNDERSTAND THE FOUNDATIONS OF READING AND ARE PREPARED TO TEACH READING TO ALL STUDENTS, AND TO PROVIDE THE COMMISSION ON HIGHER EDUCATION AND THE LEARNING DISORDERS TASK FORCE ANNUALLY SHALL ASSESS THE EFFECTIVENESS OF TEACHER EDUCATION PROGRAMS IN PREPARING TEACHERS TO DIAGNOSE READING PROBLEMS IN STUDENTS AND PROVIDE APPROPRIATE INTERVENTIONS, AND TO PROVIDE THE COMMISSION SHALL REPORT FINDINGS OF THIS ASSESSMENT TO THE STATE DEPARTMENT OF EDUCATION AND TO THE GENERAL ASSEMBLY; TO AMEND SECTION 59-59-20, RELATING TO CAREER-CLUSTER CURRICULUM, SO AS TO REVISE THE CURRICULUM TO ALIGN WITH WORKFORCE NEEDS, AMONG OTHER THINGS; TO AMEND SECTION 59-59-50, RELATING TO STATE MODELS AND PROTOTYPES FOR INDIVIDUAL GRADUATION PLANS, SO AS TO REVISE THE REQUIREMENTS TO INCLUDE CAREER CLUSTERS AND RELATED PATHWAYS AND PROGRAMS OF STUDY, AMONG OTHER THINGS; TO AMEND SECTION 59-59-60, RELATING TO THE ORGANIZATION OF HIGH SCHOOL CURRICULA AROUND CLUSTERS OF STUDY AND CLUSTER MAJORS, SO AS TO REORGANIZE THE CURRICULA AROUND CAREER PATHWAYS AND TO PROMOTE RELATED INCREASED AWARENESS AND CAREER COUNSELING; BY ADDING SECTION 59-53-30 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ESTABLISH COMMON MINIMUM ADMISSIONS SCORES FOR ITS INSTITUTIONS, TO PROVIDE VARIATIONS IN CERTAIN CIRCUMSTANCES, AND TO PROVIDE ADVICE INSTITUTIONS SHOULD GIVE INDIVIDUALS WHO MEET THESE MINIMUM SCORES; TO AMEND SECTION 59-150-360, RELATING TO TUITION ASSISTANCE FOR STUDENTS WHO ATTEND TECHNICAL COLLEGES OR TWO-YEAR PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THIS ASSISTANCE FOR STUDENTS SEEKING CERTAIN BUSINESS OR INDUSTRY CREDENTIALS, AMONG OTHER THINGS; BY ADDING SECTION 12-6-3800 SO AS TO ALLOW AN INCOME TAX CREDIT FOR A TAXPAYER WHO EMPLOYS A PUBLIC SCHOOL K4-12 TEACHER AS AN INTERN, TO PROVIDE THAT THE INTERNSHIP MUST BE APPROVED BY THE SCHOOL DISTRICT IN WHICH THE TEACHER IS EMPLOYED BASED ON CRITERIA PROVIDED BY THE DEPARTMENT OF EDUCATION, AND TO PROVIDE FOR REPORTING REQUIREMENTS; TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND THE STATE BOARD OF EDUCATION TO REPORT RECOMMENDATIONS FOR TRANSFERRING ADULT BASIC EDUCATION AND ADULT SECONDARY EDUCATION TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND HOW TO BEST USE CAREER AND TECHNOLOGY CENTERS TO PROVIDE IMPROVED AND UPDATED TECHNICAL EDUCATION; TO AMEND SECTION 59-111-110, RELATING TO CERTAIN PEOPLE EXEMPT FROM PAYING TUITION TO ATTEND PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO INCLUDE FULL-TIME CERTIFIED CLASSROOM TEACHERS EMPLOYED IN SCHOOLS WITH ABSOLUTE RATINGS OF BELOW AVERAGE OR UNSATISFACTORY FOR THREE OF THE FOUR PRECEDING YEARS; BY ADDING SECTION 59-111-155 SO AS TO PROVIDE A NECESSARY DEFINITION; BY ADDING SECTION 59-19-360 SO AS TO PROVIDE SCHOOL BOARDS MAY REIMBURSE TEACHERS WHO MUST TRAVEL MORE THAN TWENTY-FIVE MILES EACH WAY BETWEEN HOME AND SCHOOL FOR MILEAGE AT A RATE NOT TO EXCEED THE FEDERAL RATE; TO AMEND SECTION 59-19-350, RELATING TO SCHOOLS OF CHOICE, SO AS TO PROVIDE SCHOOL DISTRICTS INSTEAD MAY CREATE MULTIPLE SCHOOLS OF INNOVATION; BY ADDING SECTION 59-8-1115 SO AS TO PROVIDE SCHOOLS RECEIVING OVERALL RATINGS OF "GOOD" OR "EXCELLENT" ON THEIR ANNUAL REPORT CARDS FOR AT LEAST TWO CONSECUTIVE YEARS MAY HIRE NONCERTIFIED TEACHERS FOR UP TO TWENTY-FIVE PERCENT OF ITS TEACHING STAFF AND TO PROVIDE REQUIREMENTS FOR NONCERTIFIED TEACHERS; BY ADDING SECTION 59-25-25 SO AS TO PROVIDE EDUCATOR PREPARATION PROGRAMS IN INSTITUTIONS OF HIGHER EDUCATION MAY SUBMIT SEPARATE AND DISTINCT EDUCATOR PREPARATION PROGRAMS FOR ALTERNATIVE PREPARATION TO THE STATE BOARD OF EDUCATION FOR APPROVAL, TO PROVIDE THESE PROGRAMS ARE NOT REQUIRED TO BE NATIONALLY ACCREDITED BUT MUST MEET CERTAIN OTHER REQUIREMENTS, AND TO PROVIDE THE STATE DEPARTMENT OF EDUCATION ANNUALLY SHALL REPORT RELATED DATA TO THE STATE BOARD OF EDUCATION AND THE GENERAL ASSEMBLY; TO AMEND SECTION 59-26-20, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING THE TRAINING, CERTIFICATION, AND EVALUATION OF PUBLIC EDUCATORS, SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS REGARDING A CYCLICAL EVALUATION PROCESS FOR APPROVED TEACHER EDUCATOR PROGRAMS, AND TO PROVIDE RELATED REQUIREMENTS; BY ADDING SECTION 59-26-35 SO AS TO IMPROVE THE MEANS FOR EVALUATING EDUCATOR PREPARATION PROGRAMS BY PROVIDING FOR THE ANNUAL DEVELOPMENT AND PUBLICATION OF THE SOUTH CAROLINA TEACHER PREPARATION REPORT CARD; BY ADDING SECTION 59-26-120 SO AS TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE CERTAIN EDUCATOR PREPARATION PROGRAMS WITH CERTAIN INFORMATION REGARDING GRADUATES OF THOSE PROGRAMS, TO PROVIDE EDUCATOR PREPARATION PROGRAMS MAY NOT SHARE IDENTIFIABLE EDUCATOR DATA WITH THIRD PARTIES WITHOUT WRITTEN CONSENT, AND TO PROVIDE THIS INFORMATION IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT; BY ADDING SECTION 59-25-52 SO AS TO INCREASE EFFORTS TO RETAIN EDUCATORS BY CONDUCTING A SEMIANNUAL WORKPLACE SATISFACTION OPINION SURVEY OF SOUTH CAROLINA PUBLIC SCHOOL TEACHERS, AND TO PROVIDE FOR THE REPORTING OF THE RESULTS OF THESE SURVEYS; TO AMEND SECTION 59-20-50, RELATING TO TEACHER SALARY SCHEDULES, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE DISTRICTS MAY PAY TEACHERS ANNUAL SALARIES AT LEAST EQUAL TO THE MINIMUM STARTING SCHEDULE FOR THEIR EXPERIENCE AND EDUCATIONAL ATTAINMENT, TO PROVIDE A MINIMUM STARTING SALARY FOR NEW TEACHERS, TO PROVIDE THIS STARTING SALARY MUST BE ESTABLISHED WITH THE GOAL OF REACHING THE SOUTHEASTERN AVERAGE, AND TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO MAKE CERTAIN RECOMMENDATIONS FOR A PLAN TO REMOVE THE EXISTING TEACHER SALARY SCHEDULE AND IMPLEMENT BETWEEN FIVE AND NINE CAREER BANDS, AMONG OTHER THINGS; BY ADDING ARTICLE 16 TO CHAPTER 18, TITLE 59 SO AS TO PROVIDE REVISED ACCOUNTABILITY MEASURES FOR PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS; BY ADDING SECTION 59-17-15 SO AS TO PROVIDE THE STATE SUPERINTENDENT OF EDUCATION SHALL DEVELOP AND PROVIDE CERTAIN RECOMMENDATIONS CONCERNING THE CONSOLIDATION OF SCHOOL DISTRICTS; TO AMEND SECTION 59-39-100, RELATING TO REQUIREMENTS FOR HIGH SCHOOL DIPLOMAS, SO AS TO PROVIDE LOCAL SCHOOL BOARDS MAY REQUIRE ADDITIONAL UNITS OF STUDY FOR HIGH SCHOOL DIPLOMAS BEGINNING WITH STUDENTS ENTERING NINTH GRADE IN THE 2020-2021 SCHOOL YEAR; BY ADDING ARTICLE 5 TO CHAPTER 19, TITLE 59 SO AS TO DEFINE NECESSARY TERMINOLOGY, TO PROVIDE REQUIREMENTS FOR LOCAL SCHOOL BOARD GOVERNANCE AND BOARD MEMBER CONDUCT, TO PROVIDE THE STATE BOARD OF EDUCATION SHALL ADOPT A MODEL CODE OF ETHICS FOR LOCAL SCHOOL BOARD MEMBER CONDUCT, TO PROVIDE LOCAL SCHOOL BOARDS SHALL ADOPT CODES OF ETHICS BASED ON THIS MODEL CODE, TO PROVIDE LOCAL SCHOOL BOARDS SHALL ADOPT NEPOTISM POLICIES THAT MEET CERTAIN MINIMUM REQUIREMENTS, TO PROHIBIT CONFLICTS OF INTEREST BY SCHOOL BOARD MEMBERS, TO PROVIDE FOR THE REFERRAL OF CONFLICT OF INTEREST ALLEGATIONS TO THE STATE ETHICS COMMISSION UPON A TWO-THIRDS VOTE OF SCHOOL BOARD MEMBERS PRESENT FOR SUCH A VOTE, TO REQUIRE NOTICE TO THE STATE BOARD OF EDUCATION WHEN A PUBLIC SCHOOL ACCREDITING BODY PLACES A DISTRICT OR SCHOOL ON A LEVEL OF ACCREDITATION THAT IMMEDIATELY PRECEDES ACCREDITATION LOSS FOR GOVERNANCE REASONS, TO PROVIDE THE STATE BOARD OF EDUCATION SHALL CONDUCT A HEARING ON THE MATTER AND MAY RECOMMEND SUSPENSION OF A BOARD TO THE GOVERNOR, AND TO PROVIDE THE GOVERNOR MAY SUSPEND AN ENTIRE BOARD AND APPOINT A TEMPORARY BOARD; TO AMEND SECTION 59-18-920, RELATING TO THE REQUIREMENT THAT THE PERFORMANCE OF STUDENTS IN CHARTER SCHOOLS SPONSORED BY THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE INCLUDED IN OVERALL PERFORMANCE RATINGS, SO AS TO PROVIDE THIS REQUIREMENT ALSO APPLIES TO CHARTER SCHOOLS SPONSORED BY REGISTERED INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-19-55 SO AS TO PROVIDE SCHOOL BOARD TRUSTEES AND SCHOOL OFFICIALS SHALL COMPLY WITH CERTAIN ETHICS PROVISIONS APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES; BY ADDING SECTION 8-13-810 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL NOTIFY THE STATE ETHICS COMMISSION OF ANY SCHOOL BOARD TRUSTEE WHO FAILS TO COMPLETE REQUIRED ETHICS TRAINING, TO PROVIDE FAILURE OF A SCHOOL BOARD MEMBER TO COMPLETE THIS TRAINING CONSTITUTES A VIOLATION OF THE STATE ETHICS ACT AND SUBJECTS THE MEMBER TO CERTAIN CIVIL AND CRIMINAL PENALTIES, TO PROVIDE THE COMMISSION ALSO MAY IMPOSE ORAL OR WRITTEN WARNINGS OR REPRIMANDS, AND TO PROVIDE TRUSTEES MUST BE PROVIDED NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THEIR POSITION ON THE SCHOOL BOARD MAY BE TERMINATED FOR VIOLATIONS OF THE STATE ETHICS ACT; TO AMEND SECTION 1-3-240, RELATING TO STATE AND COUNTY OFFICIALS SUBJECT TO REMOVAL FROM OFFICE BY THE GOVERNOR IN CERTAIN CIRCUMSTANCES, SO AS TO INCLUDE SCHOOL BOARD TRUSTEES; TO AMEND SECTION 59-19-45, RELATING TO MANDATORY ORIENTATION FOR SCHOOL BOARD MEMBERS, SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL ADOPT A MODEL TRAINING PROGRAM FOR SCHOOL BOARD MEMBERS WHICH DISTRICTS SHALL ADOPT, TO PROVIDE SCHOOL DISTRICTS SHALL ADOPT LOCAL TRAINING PROGRAMS, AND TO PROVIDE SCHOOL DISTRICTS SHALL PROVIDE SUCH TRAINING TO BOARD MEMBERS WITHIN ONE YEAR AFTER TAKING OFFICE; TO AMEND SECTION 59-19-60, RELATING TO THE REMOVAL OF SCHOOL DISTRICT TRUSTEES, SO AS TO REVISE THE GROUNDS FOR REMOVAL, THE MANNER OF REMOVAL, AND PROVISIONS CONCERNING THE FILLING OF SEATS VACATED BY REMOVAL, AMONG OTHER THINGS; BY ADDING SECTION 59-1-444 SO AS TO PROVIDE THE DEPARTMENT SHALL POST ALL REPORTS, STUDIES, PUBLISHED FINDINGS, MEMORANDA, GUIDELINES, RULES, AND CERTAIN OTHER DOCUMENTS ON ITS INTERNET WEBSITE WITHIN TWENTY-FOUR HOURS AFTER BEING MADE PUBLIC, TO PROVIDE THE POSTING MUST BE IN A CERTAIN FORM AND MANNER EASILY LOCATABLE AND ACCESSIBLE FOR VIEWING AND DOWNLOADING BY THE PUBLIC, AND TO SUBJECT THE DEPARTMENT TO CERTAIN MONETARY FINES FOR NONCOMPLIANCE; TO AMEND SECTION 59-19-90, AS AMENDED, RELATING TO GENERAL POWERS AND DUTIES OF LOCAL SCHOOL DISTRICT BOARD OF TRUSTEES MEMBERS, SO AS TO PROVIDE RULES ADOPTED BY THESE BOARDS MUST ALIGN WITH APPLICABLE STATE AND FEDERAL ACCOUNTABILITY STANDARDS; AND TO REPEAL ARTICLE 15 OF CHAPTER 18, TITLE 59 RELATING TO INTERVENTION AND ASSISTANCE UNDER THE EDUCATION ACCOUNTABILITY ACT AND SECTION 59-59-30 RELATING TO IMPLEMENTATION OF THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3759 (COUNCIL\WAB\3759C006. AGM.WAB19), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act must be known and may be cited as the "South Carolina Career Opportunity and Access for All Act".
SECTION 2. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-485. Recognizing that a vibrant workforce is critical to sustaining and growing the economy of this State by servicing existing industry and attracting new industry, the State of South Carolina must endeavor to increase the number of South Carolinians who are ready and able to fill jobs demanded by a dynamic and evolving economy to promote a statewide culture of excellence in education. To achieve this purpose, the State of South Carolina establishes an overall statewide workforce readiness goal of at least sixty percent of all working-age South Carolinians having a post-secondary degree or recognized industry credentials before the year 2030. This goal is consistent with all students graduating and having the knowledge, skills, and characteristics contained in the Profile of the South Carolina Graduate. The General Assembly is encouraged to reexamine and revise this goal on an ongoing basis as needed."
SECTION 3. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-1520. All students should be able to expect the following:
(1) a General Assembly and Governor who are responsive to ideas for improvement throughout the zero to workforce education system;
(2) a State Superintendent of Education and State Board of Education that engage students in designing policies and programs that improve educational outcomes for all children;
(3) a balanced education and curriculum tailored to students' individual needs which prepares them to be college-ready, career-ready, and civic-ready for life beyond high school. To attain this education, students should:
(a) be afforded school districts that are financially stable and academically responsible to the educational needs of all students;
(b) be governed by school boards that are focused on serving the educational needs of students by acting ethically and hiring dedicated and qualified superintendents and other district staff;
(c) be led by superintendents who recruit and retain excellent principals and who ensure that school faculty and staff receive high quality professional development and support; and
(d) receive instruction and support from highly qualified teachers who strive to serve students with the highest professional integrity and always seek to improve their skills;
(4) to attend schools that are safe and well-maintained;
(5) to feel mentally, physically, and emotionally safe while in school;
(6) to understand rules and procedures in their school, and have the opportunity to address unfair treatment;
(7) to continue to have the option to attend charter schools, magnet schools, and schools for students with disabilities that participate in Exceptional SC that are outside of their zoned area and meet their individual needs and aspirations;
(8) to have parents or guardians who are involved with their student's education, ensure their child's consistent attendance at school, and work with educators to promote their success; and
(9) to attend school in an educational system that puts their success first."
SECTION 4. Section 59-5-10 of the 1976 Code is amended to read:
"Section 59-5-10. (A)(1) The State Board of Education shall must be composed of one member from each judicial circuit. The members shall serve terms of four years and until their successors are elected and qualify, except of those first elected, the members from the fifth, tenth and fourteenth circuits shall serve terms of one year; the members from the first, sixth, eighth and twelfth circuits shall serve terms of two years and the members from the fourth, seventh, ninth and eleventh circuits shall serve terms of three years. The terms of all members shall must commence on January first following their election.
(2) The legislative delegations representing the counties of each judicial circuit shall meet upon written call of a majority of the members of the delegations of each judicial circuit at a time and place to be designated in such call for the purpose of electing a member of the Board to represent such circuit. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given circuit shall constitute a quorum for the purpose of electing a member, but no person shall may be declared elected who shall fail to receive a majority vote of all the members of the county legislative delegations from the circuit. The joint county legislative delegations of each circuit shall must be organized by the election of a chairman and a secretary and such joint legislative delegations shall, subject to the provisions herein, adopt such rules as they deem consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each circuit shall immediately transmit the name of the person elected to the Secretary of State who shall forthwith issue to such person, after he has taken the usual oath of office, a certificate of election as a member of the State Board of Education. The Governor shall thereupon issue a commission to such person and pending such issuance the certificate of election shall must be a sufficient warrant to such person to perform all of the duties and functions of his office.
(3) Any vacancy shall must be filled in the same manner as the original appointment for the unexpired portion of the term.
(4) Representation of a given judicial circuit on the State Board of Education shall must be rotated among the counties of the circuit, except by unanimous consent of all members of the county legislative delegations from the circuit. No member shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the circuit. Members of the legislative delegation of any county entitled to a member of the board shall nominate persons for the office, one of whom shall must be elected to the board.
(5) The board shall select its chairman and other officers to serve for such terms as the board may designate. Provided, the Superintendent of Education shall serve as secretary and administrative officer to the board. The board shall adopt its own rules and procedures. The chairman and other officers shall have such powers and duties as may be determined by the board not inconsistent with the law.
(6) At the initial meeting of the legislative delegations representing the counties of each circuit, it shall must be determined by lot the sequence in which each county shall be is entitled to nominate persons for the office.
(B) In addition to the members of the State Board of Education provided in subsection (A), the State Board of Education also shall include the following nonvoting advisory members. Nonvoting advisory members may not serve as chairman of the board.
(1) one nonvoting advisory member who is a public school student appointed by the Governor for a one-year term. A nonvoting student advisory member may not serve if he discontinues attending public school in this State. A vacancy must be filled for the remainder of the term. A person may serve no more than two years as a nonvoting advisory member.
(2) the current South Carolina Teacher of the Year who shall serve as a nonvoting advisory member."
SECTION 5. Title 1 of the 1976 Code is amended by adding:
Section 1-12-110. (A) There is established within the Office of the Governor the 'Zero to Twenty Committee' which is created to:
(1) monitor the state education and workforce pipeline to continually determine the education and training levels required by the State's employers;
(2) identify and recommend improvements regarding efficiency and cooperation of agencies and programs throughout the age zero to twenty education and workforce pipeline; and
(3) report findings and recommendations to the Governor and General Assembly on a continuous basis.
(B)(1) The committee shall consist of ten members. The Governor shall serve as chairman of the committee. The Governor may delegate the position and duties of chairman of the committee to the Lieutenant Governor. The other members must be appointed as follows: (a) three members appointed by the Governor;
(b) one member appointed by the Speaker of the House;
(c) one member appointed by the Chairman of the House Ways and Means Committee;
(d) one member appointed by the Chairman of the House Education and Public Works Committee;
(e) one member appointed by the President of the Senate;
(f) one member appointed by the Chairman of the Senate Finance Committee; and
(g) one member appointed by the Chairman of the Senate Education Committee.
(2) Committee members may not concurrently serve as a member of the General Assembly.
(C) Appointed members must have a background in early childhood education, K-12 education, higher education, business, workforce development, or economic development. Provided that two members must be a current or retired highly-effective teacher with one of those teachers appointed from the member allotment, provided herein, for the House of Representatives and one from the member allotment, provided herein, for the Senate.
(D) A member of the committee shall serve for a term of five years and until their successors are appointed and qualified.
(E) A vacancy must be filled in the manner of the original appointment for the unexpired term.
(F) The Governor shall hire an executive director. The executive director must possess a background in at least one of the following: early childhood education, K-12 education, higher education, business, workforce development, or economic development. The Governor shall appropriate staff to fulfill the requirements of this section. This section takes effect upon the appropriation of funding for the positions by the General Assembly.
(G) A member of the committee may serve no more than two consecutive terms. A member having served two consecutive terms may be eligible for reappointment one year after the expiration of his second term.
(H) The committee may elect other officers from among its members as necessary.
(I) A quorum for transacting business shall consist of a majority of the membership as constituted at the time of a meeting.
(J) A vacancy on the committee does not impair the right of the remaining members to exercise all the powers of the committee. (K) A member of the committee is entitled to such per diem, mileage, and subsistence as is provided by law for boards, commissions, and committees.
(L) Initial appointments must be made by August 1, 2020, at which time the Governor or his designee shall call the first meeting.
Section 1-12-120. Before October 1, 2021, the committee shall establish a series of benchmarks that must include, but are not limited to the following:
(1) access to quality early learning, as determined by the committee, including the number of three and four-year old children in quality early-learning settings;
(2) third grade reading proficiency, including the percentage of third grade students who score 'Meets' or 'Exceeds Expectations' on the SC Ready assessment, or its successor;
(3) eighth grade mathematics, including the percentage of eighth grade students who score 'Meets' or 'Exceeds Expectations' on the SC Ready assessment, or its successor;
(4) high school graduation rates, including the percentages of students who graduated in four and five years;
(5) youth nonparticipation, including the percentage of South Carolina residents between sixteen and eighteen years of age who are not going to school on the secondary level or in adult education, not in the military, or not otherwise working;
(6) post-high school enrollment, including the percentage of South Carolina high school graduates who are in postsecondary education the semester after graduation from high school or are gainfully employed; and
(7) post-high school education attainment, including the percentage of South Carolina residents ages twenty-two through sixty-five who have completed a two-or four-year degree, or have received a nationally recognized certification as determined by the Department of Commerce.
Section 1-12-130. With assistance and consultation from the Department of Administration, the committee shall create a publicly accessible website that reports the information required in Section 1-12-120. The committee shall add language explaining the benchmarks and annually shall update the website to show the progress of the State toward meeting each goal. Section 1-12-140. Beginning in 2021, the committee annually, before December first, shall provide a comprehensive report to the Governor and General Assembly that specifically identifies areas within the Zero to Twenty education and workforce pipeline where state agencies and other publically funded entities are failing to meet the benchmarks identified in this section. The committee must provide recommendations regarding ways that state and local efforts can be improved, ways that collaboration and cooperation among state and local agencies and resources can be increased, and efforts underway or being considered in other states that address the noted areas of concern. The committee also shall recommend legislation it considers necessary."
Computer Science and Mathematics Coursework and Incentives
SECTION 6. Article 1, Chapter 29, Title 59 of the 1976 Code is amended by adding:
"Section 59-29-250. (A) The purpose of this section is to expand access to computer science learning experiences to all students because computer science supports literacy, math, problem-solving, and technological skills, and advances productivity in every discipline, industry, and profession.
(B) The State Board of Education shall conduct, at least every five years, a cyclical review of grade appropriate standards for computer science, computational thinking, and computer coding for grades kindergarten through grade twelve. Experts and officials from higher education, business and industry, to include information technology or computer science, must be included in the review and development of the standards.
(C) No later than the beginning of the 2020-2021 School Year, each public high school and public charter high school must offer at least one computer science course that:
(1) is rigorous and standards-based;
(2) meets or exceeds the curriculum standards and requirements established by the State Board of Education;
(3) meets the needs of diverse students who will pursue postsecondary education or who will enter careers in computing and information technology upon graduation; and
(4) is made available in a traditional classroom setting, in a dual-enrollment course, blended-learning environment, online-based, or other technology-based format tailored to meet the needs of each participating student.
Information on computer science course offerings and student enrollment must be reflected on the annual high school report cards. (D) Beginning in the 2020-2021 School Year, the Department of Education shall:
(1) employ one full-time employee whose sole responsibility is to coordinate and lead the South Carolina Computer Science Education Initiative, provided the employee must have prior work experience in the computer science or information technology industry;
(2) support K-12 academic and computer science teachers in designing interdisciplinary, project-based instruction and assignments that engage students in applying literacy, math, and computational thinking skills to solve problems;
(3) design career pathways that connect students to postsecondary programs, degrees, or postsecondary credentials in high demand career fields including, but not limited to, cybersecurity, information systems, informatics, graphic design, computer engineering, and software development as identified by the Department of Commerce;
(4) offer professional development and teacher endorsements to new teachers who will teach computer science;
(5) provide information and materials which identify emerging career opportunities in computer science and related fields to parents, students, teachers, and guidance counselors; and
(6) assist districts in developing partnerships with business, industry, higher education, and communities to provide afterschool and extracurricular activities that engage students in computer science.
(E) The State Board of Education shall promulgate regulations to create certification pathways for computer science teachers. The Department of Education shall develop criteria for postsecondary computer science teacher preparation programs.
(F) Recognizing that successful implementation of computer science education requires effective instruction, the Department of Education shall develop guidelines for use by school districts and schools outlining the educational and degree requirements appropriate for computer science teachers. The Commission on Higher Education shall determine what, if any, financial incentives are needed by institutions of higher education to design programs to prepare and credential computer science teachers."
SECTION 7. Section 59-18-310(B)(1) of the 1976 Code is amended to read:
"(1) The statewide assessment program must include the subjects of English/language arts, mathematics, and science, and social studies in grades three through eight, as delineated in Section 59-18-320, and end-of-course tests for courses selected by the State Board of Education and approved by the Education Oversight Committee for federal accountability, which award units of credit in English/language arts, mathematics, and science, and social studies. A student's score on an end-of-year assessment may not be the sole criterion for placing the student on academic probation, retaining the student in his current grade, or requiring the student to attend summer school. Beginning with the graduating class of 2010, students are required to pass a high school credit course in science and a course in United States history in which an end-of-course examinations are examination is administered to receive the state high school diploma. Beginning with the graduating class of 2015, students are no longer required to meet the exit examination requirements set forth in this section and State Regulation to earn a South Carolina high school diploma."
SECTION 8. Section 59-18-320(A) and (B) of the 1976 Code is amended to read:
"(A) After the first statewide field test of the assessment program in each of the four three academic areas, and after the field tests of the end of course assessments of high school credit courses, the Education Oversight Committee, established in Section 59-6-10, will review the state assessment program and the course assessments for alignment with the state standards, level of difficulty and validity, and for the ability to differentiate levels of achievement, and will make recommendations for needed changes, if any. The review will be provided to the State Board of Education, the State Department of Education, the Governor, the Senate Education Committee, and the House Education and Public Works Committee as soon as feasible after the field tests. The Department of Education will then report to the Education Oversight Committee no later than one month after receiving the reports on the changes made to the assessments to comply with the recommendations.
(B) After review and approval by the Education Oversight Committee, and pursuant to Section 59-18-325, the standards-based assessment of mathematics, English/language arts, social studies, and science will be administered for accountability purposes to all public school students in grades three through eight, to include those students as required by the federal Individuals with Disabilities Education Improvement Act and by Title 1 of the Elementary and Secondary Education Act. To reduce the number of days of testing, to the extent possible, field test items must be embedded with the annual assessments. To ensure that school districts maintain the high standard of accountability established in the Education Accountability Act, performance level results reported on school and district report cards must meet consistently high levels in all four three core content areas. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities."
SECTION 9. Section 59-18-325(C)(3) of the 1976 Code is amended to read:
"(3) Beginning with the 2017-2018 School Year, the department shall procure and administer the standards-based assessments of mathematics and English/language arts to students in grades three through eight. The department also shall procure and administer the standards-based assessment in science to students in grades four, and six, and eight, and the standards-based assessment in social studies to students in grades five and seven. Beginning with the 2021 - 2022 School Year, the Department of Education, working with their assessment vendor, must embed assessment items on the SC Ready reading and writing assessments that address the appropriate grade - level social studies standards."
SECTION 10. Chapter 156, Title 59 of the 1976 Code is amended by adding:
"Section 59-156-250. (A) Before August 1, 2021, the Office of First Steps to School Readiness and the State Department of Education shall report to the Speaker of the House and President of the Senate the following information:
(1) the number of four-year-olds eligible for the South Carolina Child Early Reading Development and Education Program, and the number of four-year-olds enrolled in, and the number funded, at the forty-fifth and one hundred thirty-fifth day of the program, provided this information must be reported by the school district and local First Steps partnerships, and must include the number of children served by public and private providers;
(2) kindergarten readiness assessment scores by district, differentiated by public and private providers; (3) the number of K4 classrooms added in each of the previous five school years; and
(4) the number of K4 classrooms provided in item (3) that are considered to be high quality, and the basis for the determination.
(B) In addition to the requirements of subsection (A), the report also shall include a detailed plan for increasing the number of students served throughout the State, with an emphasis on districts in Tier III and IV counties as determined in Section 12-6-3360.
(C) Before August 1, 2023, the Office of First Steps to School Readiness and the State Department of Education shall issue an additional report to the Speaker of the House and President of the Senate updating the information originally reported in 2021 pursuant to subsection (A)."
SECTION 11.A. Section 59-104-20(G) of the 1976 Code is amended to read:
"(G) In addition to qualifications established by regulation, to qualify for a Palmetto Fellows Scholarship, a student shall:
(1) meet the following three four criteria:
(a) a minimum score of 1200 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score a score of 25 on the ACT;
(b) a cumulative 3.5 grade point ratio on the Uniform Grading Scale at the end of the junior or senior year; and
(c) rank in the top six percent of the class at the end of the sophomore, junior, or senior year. When calculating eligibility for Palmetto Fellows Scholarships in schools where the top six percent of the graduating class is two students or less, the top two students must be considered for the scholarship regardless of class rank. The top six percent of the graduating class must meet all Palmetto Fellows Scholarship eligibility requirements in order to receive a scholarship. If the top six percent of the class is not a whole number of students, the Commission on Higher Education shall round up to the next whole number of students eligible; or and
(d) beginning July 1, 2024, earn at least one unit of credit in mathematics or computer science and one unit of credit in English/language arts during the senior year which may be accomplished by dual enrollment or college credit. These units must be provided at no cost to the student; or
(2) meet the following two three criteria:
(a) a minimum score of 1400 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score a score of 31 on the ACT; and
(b) a cumulative 4.0 grade point ratio on the Uniform Grading Scale at the end of the junior or senior year; and
(c) beginning July 1, 2024, earn at least one unit of credit in mathematics or computer science and one unit of credit in English/language arts during the senior year which may be accomplished by dual enrollment or college credit. These units must be provided at no cost to the student.
Qualifying scores must be certified by the high school on the Palmetto Fellows Scholarship application by the scholarship application deadline. For the purposes of meeting the rank criteria pursuant to this subsection, the existing high school rank of a South Carolina resident attending an out-of-state high school may be used provided it is calculated pursuant to a state-approved, standardized grading scale at the respective out-of-state high school. If the Commission on Higher Education determines that a state-approved standardized grading scale substantially deviates from the South Carolina Uniform Grading Scale, the state-approved standardized grading scale shall not be used to meet the eligibility requirements for the Palmetto Fellows Scholarship."
B. The provisions of this SECTION do not apply to students in the senior class of the 2020-2021 School Year.
SECTION 12.A. Section 59-149-50(A) of the 1976 Code is amended to read:
"(A) To be eligible for a LIFE Scholarship, a student must be either a student who has graduated from a high school located in this State having earned at least one unit of credit in mathematics or computer science and one unit of credit in English/language arts which may be accomplished by dual enrollment during the senior year beginning July 1, 2024, a student who has completed at least three of the final four years of high school within this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, a student who has graduated from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, or a student whose parent or guardian has served in or has retired from one of the United States Armed Forces within the last four years, paid income taxes in this State for a majority of the years of service, and is a resident of this State. These students also must meet the requirements of subsection (B) and be eligible for in-state tuition and fees as determined pursuant to Chapter 112, Title 59 and applicable regulations. In addition, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale and have scored 1100 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score 22 on the ACT; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT/ACT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT/ACT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B). For the purpose of meeting the rank criteria pursuant to this section, the existing high school rank of a South Carolina resident attending an out-of-state high school may be used provided it is calculated pursuant to a state-approved, standardized grading scale at the respective out-of-state high school. If the Commission on Higher Education determines that a state-approved standardized grading scale substantially deviates from the South Carolina Uniform Grading Scale, the state-approved standardized grading scale shall not be used to meet the eligibility requirements for the LIFE Scholarship."
B. In the event SAT or ACT changes their respective scoring ranges, the Commission on Higher Education shall adjust the minimum scores required by this Chapter in order to ensure equivalency.
C. The provisions of this SECTION do not apply to students in the senior class of the 2020-2021 School Year.
SECTION 13. Chapter 155, Title 59 of the 1976 Code is amended by adding:
"Section 59-155-155. (A)(1) The State Board of Education shall approve no more than five reliable and valid early literacy and numeracy screening assessment instruments for selection and use by school districts in kindergarten through third grade.
(2) An early literacy assessment instrument must:
(a) provide screening and diagnostic capabilities for monitoring student progress in reading;
(b) measure, at a minimum, phonological awareness, decoding and encoding, fluency, vocabulary, and comprehension; and
(c) identify students who have a reading deficiency, including identifying students with characteristics of dyslexia.
(3) An early numeracy assessment instrument must provide screening and diagnostic capabilities. (4) In determining which instruments to approve, the board shall consider, at a minimum, the following factors:
(a) the time required to conduct the assessments, with the intention of minimizing the impact on instructional time;
(b) the level of integration of assessment results with instructional support for teachers and students;
(c) the timeliness in reporting assessment results to teachers, administrators, and parents; and
(d) the level of integration of assessment results with instructional support for teachers and pupils.
(B) A district shall administer one or more instruments in the first thirty days of the school year and repeat, if and only if, the student demonstrates literacy and numeracy deficiencies at midyear and at the end of the school year to determine student progression in reading and numeracy in kindergarten through third grade. The department shall reimburse districts for the cost of the instrument or instruments selected upon receipt of assessment data used in the progress monitoring system. All school districts must use one of the literacy and numeracy screening instrument or instruments selected by the department; however, no literacy or numeracy screening instrument or instruments must be used by school districts to determine whether a student will be promoted to the next grade level. For the purposes of this section, 'literacy' means ability to read and write and 'numeracy' means fluency in understanding numbers and mathematical operations. Classroom teachers also must be provided support by the department in administering instruments and in understanding the results so that the teacher can provide the appropriate evidence-based intervention.
(C) A school district may submit a waiver to the State Board of Education to use an alternative early literacy and numeracy screening assessment. The additional screener must meet minimum technical, administration, and content criteria as determined by the department.
(D)(1) The department shall:
(a) implement an online reporting system to monitor the effectiveness of the early literacy or numeracy screening assessment instruments; and
(b) require school districts annually to submit data requested by the department which may be used to determine whether the assessment instruments accurately are identifying students in need.
(2) The online reporting system provided in item (1) must: (a) track, screen, and monitor the reading and early numeracy progress of students in kindergarten through third grade toward third grade reading proficiency and mathematics proficiency at the state, district, and school levels; and
(b) create a consistent statewide reporting mechanism to identify students with a reading deficiency, including students with dyslexia.
SECTION 14. Section 59-155-110(4) of the 1976 Code is amended to read:
"(4) each student receives targeted, effective, comprehension comprehensive support from the classroom teacher and, if needed, supplemental support from a reading interventionist so that ultimately all students can comprehend grade-level texts;"
SECTION 15. Section 59-155-120(5) and (10) of the 1976 Code is amended to read:
"(5) 'Reading interventions' means individual or group assistance in the classroom and supplemental support based on curricular and instructional decisions made by classroom teachers who have proven effectiveness in teaching reading and an add-on literacy endorsement or reading/literacy coaches who meet the minimum qualifications established in guidelines published by the Department of Education. An intervention must be evidence-based and follow the three tiers of the Response to Intervention (RTI) framework.
(10) 'Substantially fails to demonstrate third-grade reading proficiency' means a student who does not demonstrate reading proficiency at the end of the third grade as indicated by scoring at the lowest achievement level on the statewide summative reading assessment that equates to Not Met 1 on the Palmetto Assessment of State Standards (PASS) in English/language arts."
SECTION 16. Section 59-155-130(3) and (4) of the 1976 Code is amended to read:
"(3) working collaboratively with institutions of higher learning offering courses in reading and writing and those institutions of higher education offering accredited master's degrees in reading-literacy to design coursework leading to a literacy teacher add-on endorsement by the State. The coursework must be founded on scientifically based reading practices and evidence-based interventions, including how to use the data to identify struggling readers and inform instruction;
(4) providing professional development on scientifically based reading practices and evidence-based interventions, including use of data to identify struggling readers and inform instruction in reading and coaching for already certified reading/literacy coaches and literacy teachers;"
SECTION 17. Section 59-155-140(B)(2)(a) is amended to read:
"(a) document the reading and writing assessment and instruction planned for all PK-12 students and the interventions in prekindergarten through twelfth grade to be provided to all struggling readers who are not able to comprehend grade-level texts. Supplemental instruction shall must be provided by teachers who have a literacy teacher add-on endorsement and offered during the school day and, as appropriate, before or after school in book clubs, through a summer reading camp, or both. The district must continue to provide appropriate in-class intervention and at least thirty minutes of supplemental intervention by certified teachers who have a literacy add-on endorsement until all pre-kindergarten through twelfth grade students can comprehend and write text at grade level;"
SECTION 18. Section 59-155-150(B) of the 1976 Code is amended to read:
"(B) Any student enrolled in prekindergarten, kindergarten, first grade, second grade, or third grade who is substantially not demonstrating proficiency in reading, based upon formal diagnostic assessments or through teacher observations universal screening and diagnostic assessments and teacher observations, must be provided intensive in-class and supplemental reading intervention immediately upon determination. These assessments may be used to satisfy the screening requirements provided in Article 5, Chapter 33 of this title. The intensive interventions must be provided as individualized and small group assistance based on the analysis of assessment data. All sustained interventions must be aligned with the district's reading proficiency plan. These interventions must be at least thirty minutes in duration and be in addition to ninety minutes of daily reading and writing instruction provided to all students in kindergarten through grade three. The district must continue to provide intensive in-class intervention and at least thirty minutes of supplemental intervention until the student can comprehend and write text at grade-level independently. In addition, the parent or guardian of the student must be notified, in writing, of the child's inability to read grade-level texts, the interventions to be provided, and the child's reading abilities at the end of the planned interventions. The intensity and duration of the intervention must be appropriate to meet specific needs of each student to ensure that the student is on track to be reading on grade level by the end of the third grade. The results of the initial assessments and progress monitoring also must be provided to the Read to Succeed Office."
SECTION 19. Section 59-155-160 of the 1976 Code is amended to read:
"Section 59-155-160. (A) Beginning with the 2017-2018 2019-2020 School Year, a student must be retained in the third grade if the student fails to demonstrate reading proficiency at the end of the third grade as indicated by scoring at the lowest achievement level on the state summative reading English/language arts assessment that equates to Not Met 1 on the Palmetto Assessment of State Standards (PASS) in English/language arts which indicates that the student needs substantial academic support to be prepared for the next grade level. A student may be exempt for good cause from the mandatory retention but shall continue to receive instructional support and services and reading intervention appropriate for their age and reading level. Good cause exemptions include students:
(1) with limited English proficiency and less than two years of instruction in English as a Second Language program;
(2) with disabilities whose individual education plan indicates the use of alternative assessments or alternative reading interventions and students with disabilities whose Individual Education Plan or Section 504 Plan reflects that the student has received intensive remediation in reading for more than two years but still does not substantially demonstrate reading proficiency;
(3) who demonstrate third-grade reading proficiency on an alternative assessment approved by the board and which teachers may administer following the administration of the state assessment of reading;
(4) who have received two years of reading intervention and were previously retained;
(5) who through a reading portfolio document, the student's mastery of the state standards in reading equal to at least a level above the lowest achievement level on the state reading assessment. Such evidence must be an organized collection of the student's mastery of the state English/language arts standards that are assessed by the grade three state reading assessment. The Read to Succeed Office shall develop the assessment tool for the student portfolio; however, the student portfolio must meet the following minimum criteria:
(a) be selected by the student's English/language arts teacher or summer reading camp instructor;
(b) be an accurate picture of the student's ability and only include student work that has been independently produced in the classroom;
(c) include evidence that the benchmarks assessed by the grade three state reading assessment have been met. Evidence is to include multiple choice items and passages that are approximately sixty percent literary text and forty percent information text, and that are between one hundred and seven hundred words with an average of five hundred words. Such evidence could include chapter or unit tests from the district or school's adopted core reading curriculum that are aligned with the state English/language arts standards or teacher-prepared assessments;
(d) be an organized collection of evidence of the student's mastery of the English/language arts state standards that are assessed by the grade three state reading assessment. For each benchmark there must be at least three examples of mastery as demonstrated by a grade of seventy percent or above; and
(e) be signed by the teacher and the principal as an accurate assessment of the required reading skills who, through a reading portfolio, documents that the student is reading on grade level and has mastered the third grade English/language arts standards. A student portfolio for promotion to fourth grade must meet the following criteria:
(a) consist only of grade-level work selected by the student's teacher from portfolio requirements;
(b) be an accurate representation of the student's reading ability and only include student work that has been independently produced in the classroom;
(c) include clear evidence that the standards assessed by the third grade English/language arts assessment have been met. This clear evidence:
(i) must include multiple choice items and passages that are approximately fifty percent literary text and fifty percent informational text, and that are at least an average of five hundred words; and
(ii) could include chapter or unit tests from the district or school's adopted core reading curriculum that are aligned with the state English/language arts standards or district or teacher-prepared assessments that meet standards developed and reviewed by the department; (d) be an organized collection of evidence of the student's mastery of the state English/language arts standards that are assessed by the third grade statewide English/language arts assessment. For each standard, there must be at least five work samples of mastery where the student attained a grade of seventy or higher. Demonstrating mastery of each standard is required; and
(e) be signed by the student's teacher and the principal of the school, both attesting that the portfolio is an accurate assessment of the reading achievement level of the student and that the student possesses required reading skills to be promoted to fourth grade; and
(6) who successfully participate in a summer reading camp at the conclusion of the third grade year and demonstrate through either a reading portfolio or through a norm-referenced, alternative assessment, selected from a list of norm-referenced, alternative assessments approved by the Read to Succeed Office for use in the summer reading camps, that the student's mastery of the state standards in reading is equal to at least a level above the lowest level on the state reading assessment.
(B) The superintendent of the local school district must determine whether a student in the district may be exempt from the mandatory retention by taking all of the following steps:
(1) The teacher of a student eligible for exemption must submit to the principal documentation on the proposed exemption and evidence that promotion of the student is appropriate based on the student's academic record. This evidence must be limited to the student's individual education program, alternative assessments, or student reading portfolio. The Read to Succeed Office must provide districts with a standardized form to use in the process.
(2) The principal must review the documentation and determine whether the student should be promoted. If the principal determines the student should be promoted, the principal must submit a written recommendation for promotion to the district superintendent for final determination.
(3) The district superintendent's acceptance or rejection of the recommendation must be in writing and a copy must be provided to the parent or guardian of the child.
(4) A parent or legal guardian may appeal the decision to retain a student to the district superintendent if there is a compelling reason why the student should not be retained. A parent or legal guardian must appeal, in writing, within two weeks after the notification of retention. The letter must be addressed to the district superintendent and specify the reasons why the student should not be retained. The district superintendent shall render a decision and provide copies to the parent or legal guardian and the principal A parent or legal guardian may appeal the decision to retain a student to the district superintendent if there is a compelling reason why the student should not be retained. A parent or legal guardian must appeal, in writing, within two weeks after the notification of retention. The letter must be addressed to the district superintendent and specify the reasons why the student should not be retained. The district superintendent shall render a decision and provide copies to the parent or legal guardian and the principal. The district shall report to the department the number of appeals made, the number of appeals granted, and the student's academic outcome in fourth grade to include, but not limited to, the student's SC Ready English/language arts results in grades four through eight.
(C)(1) Students eligible for retention under the provisions in Section 59-155-160(A) may enroll in a summer reading camp provided by their school district or a summer reading camp consortium to which their district belongs prior to being retained the following school year. Summer reading camps must be at least six weeks in duration with a minimum of four days of instruction per week and four hours of instruction per day, or the equivalent minimum hours of instruction in the summer. The camps must be taught by compensated teachers who have at least an add-on literacy endorsement or who have documented and demonstrated substantial success in helping students comprehend grade level texts. The Read to Succeed Office shall assist districts that cannot find qualified teachers to work in the summer camps. Districts also may choose to contract for the services of qualified instructors or collaborate with one or more districts to provide a summer reading camp. Schools and school districts are encouraged to partner with county or school libraries, institutions of higher learning, community organizations, faith-based institutions, businesses, pediatric and family practice medical personnel, and other groups to provide volunteers, mentors, tutors, space, or other support to assist with the provision of the summer reading camps. A parent or guardian of a student who does not substantially demonstrate proficiency in comprehending texts appropriate for his grade level must make the final decision regarding the student's participation in the summer reading camp.
(2) A district may include in the summer reading camps students who are not exhibiting reading proficiency at any grade and do not meet the good cause exemption. Districts may charge fees for these students to attend the summer reading camps based on a sliding scale pursuant to Section 59-19-90, except where a child is found to be reading below grade level in the first, second, or third grade and does not meet the good cause exemption. (D) Retained students must be provided intensive instructional services and support, including a minimum of ninety minutes of daily reading and writing instruction, supplemental text-based instruction, and other strategies prescribed by the school district. These strategies may include, but are not limited to, instruction directly focused on improving the student's individual reading proficiency skills through small group instruction, reduced teacher-student ratios, more frequent student progress monitoring, tutoring or mentoring, transition classes containing students in multiple grade spans, and extended school day, week, or year reading support. The intensity and duration of the intervention must be appropriate to meet the specific needs of each student to ensure the student is on track to be reading at or above grade level by the end of the school year. The school must report to the Read to Succeed Office on the progress of students in the class at the end of the school year and at other times as required by the office based on the reading progression monitoring requirements of these students.
(E) If the student is not demonstrating third-grade reading proficiency by the end of the second grading period of the third grade:
(1)(a) his parent or guardian timely must be notified, in writing, that the student is being considered for retention and a conference with the parent or guardian must be held prior to a determination regarding retention is made, and conferences must be documented;
(b) within two weeks following the parent/teacher conference, copies of the conference form must be provided to the principal, parent or guardian, teacher and other school personnel who are working with the child on literacy, and summary statements must be sent to parents or legal guardians who do not attend the conference;
(c) following the parent/teacher retention conference, the principal, classroom teacher, and other school personnel who are working with the child on literacy must review the recommendation for retention and provide suggestions for supplemental instruction; and
(d) recommendations and observations of the principal, teacher, parent or legal guardian, and other school personnel who are working with the child on literacy must be considered when determining whether to retain the student.
(2) The parent or guardian may designate another person as an education advocate also to act on their behalf to receive notification and to assume the responsibility of promoting the reading success of the child. The parent or guardian of a retained student must be offered supplemental tutoring for the retained student in evidenced-based services outside the instructional day.
(F) For students in grades four and above who are substantially not demonstrating reading proficiency, interventions shall be provided by reading interventionists in the classroom and supplementally by teachers with a literacy teacher add-on endorsement or reading/literacy coaches. This supplemental support will be provided during the school day and, as appropriate, before or after school as documented in the district reading plan, and may include book clubs or summer reading camps."
SECTION 20. Section 59-155-180 of the 1976 Code is amended to read:
"Section 59-155-180. (A) As a student progresses through school, reading comprehension in content areas such as science, mathematics, social studies, English/language arts, career and technology education, and the arts is critical to the student's academic success. Therefore, to improve the academic success of all students in prekindergarten through grade twelve, the State shall strengthen its pre-service and in-service teacher education programs.
(B)(1) Beginning with students entering a teacher education program in the fall semester of the 2016-2017 School Year, all pre-service teacher education programs including MAT degree programs must require all candidates seeking certification at the early childhood or elementary level to complete a twelve credit hour sequence in literacy that includes a school-based practicum and ensures that candidates grasp the theory, research, and practices that support and guide the teaching of reading. The six components of the reading process that are comprehension, oral language, phonological awareness, phonics, fluency, and vocabulary will provide the focus for this sequence to ensure that all teacher candidates are skilled in diagnosing a child's reading problems and are capable of providing an effective intervention. All teacher preparation programs must be approved for licensure by the State Department of Education to ensure that all teacher education candidates possess the knowledge and skills to assist effectively all children in becoming proficient readers. The General Assembly is not mandating an increase in the number of credit hours required for teacher candidates, but is requiring that pre-service teacher education programs prioritize their missions and resources so all early and elementary education teachers have the knowledge and skills to provide effective instruction in reading and numeracy to all students. (2) Beginning with students entering a teacher education program in the fall semester of the 2016-2017 School Year, all pre-service teacher education programs, including MAT degree programs, must require all candidates seeking certification at the middle or secondary level to complete a six credit hour sequence in literacy that includes a course in the foundations of literacy and a course in content-area reading. All middle and secondary teacher preparation programs must be approved by the department to ensure that all teacher candidates possess the necessary knowledge and skills to assist effectively all adolescents in becoming proficient readers. The General Assembly is not mandating an increase in the number of semester hours required for teacher candidates but rather is requiring that pre-service teacher education programs prioritize their mission and resources so all middle and secondary education teachers have the knowledge and skills to provide effective instruction in reading and numeracy to all students.
(C)(1) To ensure that practicing professionals possess the knowledge and skills necessary to assist all children and adolescents in becoming proficient readers, multiple pathways are needed for developing this capacity.
(2)(a) A reading/literacy coach shall be employed in each elementary school. Reading coaches shall serve as job-embedded, stable resources for professional development throughout schools in order to generate improvement in reading and literacy instruction and student achievement. Reading coaches shall support and provide initial and ongoing professional development to teachers based on an analysis of student assessment and the provision of differentiated instruction and intensive intervention. The reading coach shall:
(a) model effective instructional strategies for teachers by working weekly with students in whole, and small groups, or individually;
(b) facilitate study groups;
(c) train teachers in data analysis and using data to differentiate instruction;
(d) coaching and mentoring colleagues;
(e) work with teachers to ensure that research-based reading programs are implemented with fidelity;
(f) work with all teachers (including content area and elective areas) at the school they serve, and help prioritize time for those teachers, activities, and roles that will have the greatest impact on student achievement, namely coaching and mentoring in the classrooms; and
(g) help lead and support reading leadership teams All reading coaches funded wholly or partially with state funds will serve as a stable resource for professional development throughout an elementary school to build master teachers of reading school-wide to improve student reading achievement. Reading coaches will support and provide initial and ongoing professional development to teachers in:
(i) administration and analysis of screening, formative, diagnostic, and summative reading assessments to guide instruction;
(ii) scientifically based reading instruction, including phonological awareness, phonics, fluency, vocabulary, and comprehension, and the state's English/language arts standards;
(iii) explicit and systematic instruction with more detailed explanations, more extensive opportunities for guided practice, and more opportunities for error correction and feedback; and
(iv) differentiated reading instruction and intensive intervention based on student needs.
(b) state-funded reading coaches must have the following minimum qualifications:
(i) a bachelor's degree and advanced coursework or professional development in reading. The State Board shall prescribe, by regulation, any coursework or professional development that a State-funded reading coach is required to successfully complete;
(ii) three years of experience as a successful classroom literacy teacher;
(iii) exhibit knowledge of scientifically based reading research, special expertise in quality reading instruction and intervention, and data analysis;
(iv) strong knowledge base and experience in working with adult learners; and
(v) excellent communicators with outstanding presentation, interpersonal, and time management skills.
(c) The duties and responsibilities of a state-funded reading coach must include:
(i) collaborate with the principal to create a strategic plan for coaching;
(ii) facilitate school-wide professional development and study groups;
(iii) model effective reading instructional strategies for teachers;
(iv) coach and mentor teachers on a daily basis;
(v) facilitate data analysis discussions and support teachers with using data to differentiate instruction according to student need; and (vi) work with all teachers, including Exceptional Student Education (ESE), content area, and elective areas, prioritizing their time to those teachers, activities, and roles that will have the greatest impact on student reading achievement, namely coaching and mentoring in classrooms.
(d) Reading coaches may not be required to perform administrative functions that will confuse their role for teachers.
(e) School districts shall monitor the implementation and effectiveness of the literacy coach and assure communication between the district, school administration, and the literacy coach throughout the year.
(f) Beginning with the 2019-2020 School Year, as a condition for receiving the state appropriations for reading coaches, the State Department of Education shall screen and approve the hiring of all reading coaches in a district that has more than one-third of its third grade students scoring at the lowest achievement level on the statewide summative English/language arts assessment. In addition, each reading coach employed in a district having more than one-third of its third grade students scoring at the lowest achievement level on the statewide summative English/language arts assessment and the principal of the elementary school in which the reading coach is assigned jointly shall attend professional development training provided by the department. The professional development for the principal and reading coach team must focus on the role of the reading coach in continuously improving reading to include the role of the reading coach and strategic plans for the coach to support teachers and scientifically based reading research and evidence-based interventions to be implemented in the school.
(3) The reading coach must not be assigned a regular classroom teaching assignment, must not perform administrative functions that deter from the flow of improving reading instruction and reading performance of students and must not devote a significant portion of his or her time to administering or coordinating assessments. By August 1, 2014, the department must publish guidelines that define the minimum qualifications for a reading coach. Beginning in Fiscal Year 2014-2015, reading/literacy coaches are required to earn the add-on certification within six years, except as exempted in items (4) and (5), by completing the necessary courses or professional development as required by the department for the add-on. During the six-year period, to increase the number of qualified reading coaches, The Read to Succeed Office shall identify and secure courses and professional development opportunities to assist educators in becoming reading coaches and in earning the literacy add-on endorsement. In addition, the Read to Succeed Office will establish a process through which a district may be permitted to use state appropriations for reading coaches to obtain in-school services from department-approved consultants or vendors, in the event that the school is not successful in identifying and directly employing a qualified candidate. Districts must provide to the Read to Succeed Office information on the name and qualifications of reading coaches funded by the state appropriations.
(4) Beginning in Fiscal Year 2015-2016, early childhood and elementary education certified classroom teachers, reading interventionists, and those special education teachers who provide learning disability and speech services to students who need to substantially improve their low reading and writing proficiency skills, are required to earn the literacy teacher add-on endorsement within ten years of their most recent certification by taking at least two courses or six credit hours every five years, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office, consistent with existing recertification requirements. Inservice hours earned through professional development for the literacy teacher endorsement must be used for renewal of teaching certificates in all subject areas. The courses and professional development leading to the endorsement must be approved by the State Board of Education and must include foundations, assessment, content area reading and writing, instructional strategies, and an embedded or stand-alone practicum. Whenever possible these courses shall be offered at a professional development rate which is lower than the certified teacher rate. Local school districts, working in collaboration with the department, shall offer the courses at no charge to educators. Early childhood and elementary education certified classroom teachers, reading specialists, and special education teachers who provide learning disability and speech services to students who need to improve substantially their reading and writing proficiency and who already possess their add-on reading teacher certification can take a content area reading course to obtain their literacy teacher add-on endorsement. Individuals who possess a literacy teacher add-on endorsement or who have earned a master's or doctorate degree in reading are exempt from this requirement. Individuals who have completed an intensive and prolonged professional development program like Reading Recovery, Project Read, the South Carolina Reading Initiative, or another similar program should submit their transcripts to the Office of Educator Licensure to determine if they have completed the coursework required for the literacy teacher add-on certificate.
(5) Beginning in Fiscal Year 2015-2016, middle and secondary licensed classroom teachers are required to take at least one course or three credit hours, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office, to improve reading instruction within five years of their most recent certification. The courses and professional development must be approved by the State Board of Education and include courses and professional development leading to the literacy teacher add-on endorsement. Coursework and professional development in reading must include a course in reading in the content areas. Whenever possible these courses will be offered at a professional development rate which is lower than the certified teacher rate. Individuals who possess a literacy teacher add-on endorsement or who have earned a master's or doctorate degree in reading are exempt from this requirement. Individuals who have completed an intensive, prolonged professional development program like Reading Recovery, Project Read, the South Carolina Reading Initiative, or another similar program should submit their transcripts the to the Office of Educator Licensure to determine if they have completed the coursework or professional development required for the literacy teacher add-on certificate.
(6) Beginning in Fiscal Year 2015-2016, principals and administrators who are responsible for reading instruction or intervention and school psychologists in a school district or school are required to take at least one course or three credit hours within five years of their most recent certification, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office. The course or professional development shall include information about reading process, instruction, assessment, or content area literacy and shall be approved by the Read to Succeed Office.
(7) The Read to Succeed Office shall publish by August 1, 2014, the guidelines and procedures used in evaluating all courses and professional development, including virtual courses and professional development, leading to the literacy teacher add-on endorsement. Annually by January first, the Read to Succeed Office shall publish the approved courses and approved professional development leading to the literacy teacher add-on endorsement.
(8) Beginning July 1, 2020, early childhood, elementary, and special education licensed teacher candidates must earn a passing score on a rigorous test of scientifically research-based reading instruction and intervention and data-based decision-making principles as approved by the State Board of Education. The objective of this item is to ensure teacher candidates understand the foundations of reading and are prepared to teach reading to all students. (D)(1) Beginning July 1, 2020 and annually thereafter, the Commission on Higher Education, in consultation with the Learning Disorders Task Force created by Section 59-33-550, shall conduct an analysis to determine the effectiveness of each teacher education program in preparing teachers to diagnose a child's reading problems and to provide small group and individual student interventions that are scientifically based and evidence-based. At a minimum, the analysis must evaluate each teacher education program as it relates to preparing teachers with knowledge and expertise in the six components of the reading process:
(a) comprehension;
(b) oral language;
(c) phonological awareness;
(d) phonics;
(e) fluency; and
(f) vocabulary.
(2) The commission shall report its findings of its analysis conducted pursuant to item (1) and recommendations for improving teacher education programs to the department and to the General Assembly."
SECTION 21. Section 59-59-210 of the 1976 Code is amended to read:
"Section 59-59-210. (A) By September 2005, the Commission on Higher Education shall convene the Advisory Committee on Academic Programs to address articulation agreements between school districts and public institutions of higher education in South Carolina to provide seamless pathways for adequately prepared students to move from high school directly into institutions of higher education. The committee shall review, revise, and recommend secondary to postsecondary articulation agreements and promote the development of measures to certify equivalency in content and rigor for all courses included in articulation agreements. The advisory committee shall include representatives from the research institutions, four-year comprehensive teaching institutions, two-year regional campuses, and technical colleges. The committee, for purposes pursuant to this chapter, shall include representation from the State Department of Education, and school district administrators, to include curriculum coordinators and guidance personnel.
(B) By July 2006, the Advisory Committee on Academic Programs shall make recommendations to the Commission on Higher Education regarding coursework that is acceptable statewide for dual enrollment to be accepted in transfer within a related course of study. Dual enrollment college courses offered to high school students by two-year and four-year colleges and universities must be equivalent in content and rigor to the equivalent college courses offered to college students and taught by appropriately credentialed faculty. Related policies and procedures established by the Commission on Higher Education for dual enrollment and guidelines for offering dual enrollment coursework and articulation to two-year and four-year colleges and universities for awarding of credit must be followed.
(C) The advisory committee, in collaboration with the Department of Education, shall coordinate work to study the content and rigor of high school courses in order to provide a seamless pathway to postsecondary education.
(D) The Commission on Higher Education shall report annually to the Education and Economic Development Coordinating Council regarding the committee's progress The purpose of this section is to provide seamless pathways to prepare students for the move from high school directly into public institutions of higher education and independent institutions of higher learning as defined by Section 59-113-50 by creating a uniform system of dual enrollment college courses offered to high school students by public two-year and four-year institutions of higher education and independent institutions of higher learning as defined by Section 59-113-50 beginning in the 2021-2022 School Year. In terms of content and rigor, these dual enrollment college courses must be the equivalent of courses offered at public institutions of higher education and independent institutions of higher learning as defined by Section 59-113-50 to their students and must be taught by appropriately credentialed faculty.
(B)(1) To effectuate the purposes established in subsection (A), the Commission on Higher Education shall convene the Advisory Committee on Academic Programs before September 1, 2020, to develop a statewide secondary to postsecondary articulation agreement among all school districts and all public institutions of higher education and independent institutions of higher learning as defined by Section 59-113-50 in this State. The advisory committee must consist of representatives from:
(a) the research institutions, four-year comprehensive teaching institutions, independent institutions of higher learning as defined by Section 59-113-50, two-year regional campuses, and technical colleges; (b) the State Department of Education; and
(c) district curriculum coordinators, guidance personnel, and Career and Technical Education Directors.
(2) The articulation agreement adopted by the advisory committee must include measures to certify that dual enrollment courses included in the articulation agreement are the equivalent of courses offered at public institutions of higher education and independent institutions of higher learning as defined by Section 59-113-50 to their students and are be taught by appropriately credentialed faculty and must be the sole authority for dual enrollment articulation.
(C) Before July 1, 2021, the Advisory Committee on Academic Programs shall make recommendations to the Commission on Higher Education regarding coursework that is acceptable statewide for dual enrollment to be accepted in transfer within a related course of study. The commission shall establish related requirements that two-year and four-year public institutions of higher education and independent institutions of higher learning as defined by Section 59-113-50 must satisfy to offer dual enrollment coursework and award credit for this coursework.
(D) The advisory committee, in collaboration with the Department of Education, shall coordinate work to study the content and rigor of high school courses in order to provide a seamless pathway to postsecondary education.
(E) The Commission on Higher Education annually before July first shall report the progress of the committee to the Education and Economic Development Coordinating Council.
(F) Effective July 1, 2022, public institutions of higher education, independent institutions of higher learning as defined by Section 59-113-50, and public school districts may not enter individual articulation agreements. Such articulation agreements entered before July 1, 2022 are void, but coursework completed by students pursuant to those agreements must be considered acceptable for college credit."
SECTION 22. Article 3, Chapter 18, Title 59 is amended by adding: "Section 59-18-365. (A) For the purposes of monitoring student progress and tracking growth toward college and career readiness and beginning with the 2020-2021 School Year, the Department of Education shall track student performance from kindergarten through grade twelve in reading and mathematics along a common, consistent scale that is nationally recognized and approved by the Education Oversight Committee. The department at least annually before July first shall provide the resulting measures of student performance to parents and teachers. These measures must be designed to help parents and teachers better understand what skills and concepts the student is ready to learn and help to form instruction, track growth, and identify appropriate resources for the students. The local school district also shall provide information on Lexile and Quantile measures on interim/benchmark assessments administered at the local school district or local school during the school year.
(B) The department shall provide online and printed resources for assisting parents in improving student growth in reading and mathematics to ensure all students graduate with the skills to be college and career ready. The parent resources must include information that identifies Lexile and Quantile scores recommended for specific careers.
(C) The department shall provide resources to assist teachers in using the common, consistent scale measures to improve the teaching and learning of reading and mathematics.
(D) Before the 2020-2021 School Year, the department, local schools, and districts shall identify and administer assessments that can be linked to common, consistent scales. Formative assessments approved pursuant to Section 59-18-310 must provide a common, consistent scale in reading, mathematics, or both.
(E)(1) In kindergarten through second grade, local schools and districts may select assessments designed to measure students' reading and mathematical performance that report the common, consistent scales. Those measures should then be reported to the department and also shared with students, parents, and teachers.
(2) In third grade through eighth grade, state assessments in English/language arts and mathematics that are administered and used for accountability purposes must provide Lexile measures that report information on the student's reading ability and Quantile measures that describe the student's understanding of mathematical skills and concepts at the individual student level. (3) At the high school level where state assessments are not required, local schools and districts will administer locally determined tests to measure students' reading ability and mathematical understanding on these same Lexile and Quantile scales. A test in any English/language arts and mathematics course may be used to satisfy the requirements of this item. A district does not need to administer a test for each course in English/language arts and mathematics. These tests should be selected not only based upon their ability to report Lexile and Quantile measures, but also on their connections to and appropriateness with the postsecondary pursuits of individual students. Those measures must be reported to the department and shared with students, parents, and teachers.
(F) Before January 1, 2021, the department and State Board for Technical and Comprehensive Education shall establish Lexile and Quantile scores and high school equivalency assessment thresholds that serve as common minimum admission scores as defined in Section 59-53-30 and shall provide guarantees that students with sufficient scores may not be required to attend or enroll in reading or mathematics remediation at the postsecondary level."
SECTION 23. Section 59-5-65(7) of the 1976 Code is amended to read:
"(7) By January 1, 1986, establish criteria for promotion of students to the next higher grade.
In grades 1, 2, 3, 6, and 8, a student's performance on the Basic Skills Test of reading shall constitute twenty-five percent of the assessment of his achievement in reading and his performance on the Basic Skills Test of mathematics shall constitute twenty-five percent of the assessment of his achievement in mathematics. The State Board of Education shall specify other measures of student performance in each of these subjects which shall constitute the remaining seventy-five percent of the student's assessment.
Any student who fails to meet the criteria established by the Board for promotion to the next higher grade must be retained in his current grade or assigned to a remedial program in the summer or in the next year. Students assigned to the remedial program must meet the minimum criteria established by the Board for his current grade at the conclusion of the remedial program to be promoted to the next higher grade. All handicapped students as defined by federal and state statutes and regulations are subject to the provisions of this section unless the student's individual education plan (IEP) as required by Public Law 94-142 defines alternative goals and promotion standards.
Nothing in this subitem shall prohibit the governing bodies of the school districts of this State from establishing higher standards for the promotion of students Effective August 1, 2024, public two-year institutions of higher education may provide required remedial courses to eligible persons who earn a high school diploma or high school equivalency credential from a public school in South Carolina, who is twenty-one years of age or less, and who does not have the necessary reading, mathematics, or English skills necessary to enroll in a credit-bearing course in a public postsecondary institution; however, all instructional costs of providing the remediation, for up to one academic year, must be paid for by the public school district from which the student earned his diploma or was last enrolled before earning his high school equivalency credential."
SECTION 24. Section 59-18-1950(B)(1) of the 1976 Code is amended to read:
"(1) The Revenue and Fiscal Affairs Office, working with the Office of First Steps to School Readiness, the South Carolina Department of Education, the South Carolina Commission on Higher Education, the Department of Social Services, the South Carolina Technical College System, the Department of Commerce, the Department of Employment and Workforce, and other state agencies or institutions of higher education, shall develop, implement, and maintain a universal identification system that includes, at a minimum, the following information for measuring the continuous improvement of the state public education system and the college and career readiness and success of its graduates:
(a) students graduating from public high schools in the State who enter postsecondary education without the need for remediation;
(b) working-aged adults in South Carolina by county who possess a postsecondary degree or industry credential;
(c) high school graduates who are gainfully employed in the State within five and ten years of graduating from high school; and
(d) outcome data regarding student achievement and student growth that will assist colleges of education in achieving accreditation and in improving the quality of teachers in classrooms."
SECTION 25. Section 59-59-20 of the 1976 Code is amended to read:
"Section 59-59-20. (A)(1) The Department of Education shall develop a curriculum, aligned with state content standards, organized around a career cluster system that must provide students with both strong academics and real-world problem solving skills. Students must be provided individualized educational, academic, and career-oriented choices and greater exposure to career information and opportunities. This system must promote the involvement and cooperative effort of parents, teachers, and school counselors in assisting students in making these choices, in setting career goals, and in developing individual graduation plans to achieve these goals.
(B) School districts must lay the foundation for the clusters of study system in elementary school by providing career awareness activities. In the middle grades programs must allow students to identify career interests and abilities and align them with clusters of study for the development of individual graduation plans. Finally, high school students must be provided guidance and curricula that will enable them to complete successfully their individual graduation plans, preparing them for a seamless transition to relevant employment, further training, or postsecondary study Before August 1, 2022, the Department of Education, in collaboration with Education and Economic Development Act Coordinating Council, shall develop a career pathways system that:
(a) aligns public education and postsecondary education systems and the career and technology education services provided within and across program providers;
(b) aligns with state and regional workforce needs;
(c) provides students, teachers, parents, and families with general information about career pathways and with strategies to support students in acquiring the academic, employability, and technical skills that employers demand; and
(d) promotes the involvement and cooperative effort of parents, teachers, and school counselors in assisting students in making these choices, in setting career goals, and in developing individual graduation plans to achieve these goals.
(2) After developing the career pathways system provided in subsection (A), the department, with input from the business community, shall develop a curriculum that:
(a) is aligned with state content standards, organized around the career pathways system and system of career clusters aligned with state and regional workforce needs as determined by the Department of Commerce;
(b) provides students with both strong academics and real-world problem-solving skills;
(c) provides students with individualized educational, academic, and career-oriented choices and greater exposure to career information and opportunities; and
(d) provides online and printed resources for assisting parents in improving student growth in reading and mathematics to ensure all students graduate with the skills to be college and career ready. These parent resources must include information that identifies specific careers and the reading and mathematics demands expected in those careers. (B)(1) In elementary school, districts shall establish a foundation for the career pathways system and career clusters by providing career awareness activities and, at least annually, informing students, parents, and teachers of the student's progress toward having the academic skills in reading and mathematics needed to be career ready and college ready.
(2) In middle school, districts shall assist students in:
(a) identifying career interests and abilities; and
(b) developing individual graduation plans that align the interests and abilities of the student as identified pursuant to subitem (a) with related career pathways and clusters of study.
(3) In high school, districts shall provide guidance and curricula that will enable them to complete successfully their individual graduation plans, preparing them for a seamless transition to relevant employment, further training, or postsecondary study."
SECTION 26. Section 59-59-50 of the 1976 Code is amended to read:
"Section 59-59-50. (A)(1) Before July 1, 2006, the Department of Education shall develop state models and prototypes for individual graduation plans and the curriculum framework for career clusters of study. These clusters of study may be based upon the national career clusters and may include, but are not limited to:
(1) agriculture, food, and natural resources;
(2) architecture and construction;
(3) arts, audio-video technology, and communications;
(4) business, management, and administration;
(5) education and training;
(6) finance;
(7) health science;
(8) hospitality and tourism;
(9) human services;
(10) information technology;
(11) law, public safety, and security;
(12) manufacturing;
(13) government and public administration;
(14) marketing, sales, and service;
(15) science, technology, engineering, and mathematics; and
(16) transportation, distribution, and logistics. Beginning with the 2020-2021 School Year and every five years thereafter, the Department of Education shall:
(a) develop pathways under each career cluster; and
(b) develop programs of study under each pathway. (2) In developing programs of study as provided in item (1) (b), the department shall emphasize the high-skill and in-demand pathways that the state Workforce Innovation and Opportunity Act plan and Coordinating Council for Workforce Development have identified as critical to the state's workforce development system.
(B) The Department of Education is to include in the state models and prototypes for individual graduation plans and curriculum framework the flexibility for a student to develop an individualized plan for graduation utilizing courses offered within the clusters at the school of attendance. Any plan of this type is to be approved by the student, parent or guardian, and the school guidance staff.
(C) Before August 1, 2021, the Department of Education, in collaboration with Education and Economic Development Act Coordinating Council, shall develop a pathway certification process for high schools and postsecondary institutions. To ensure students have seamless pathways to in-demand careers, the Regional Education Centers shall create alignment between public education and postsecondary education and employers."
SECTION 27. Section 59-59-60 of the 1976 Code is amended to read:
"Section 59-59-60. Before July 1, 2007, school districts shall:
(1) organize high school curricula around a minimum of three clusters of study and cluster majors. The curricula must be designed to provide a well- rounded education for students by fostering artistic creativity, critical thinking, and self-discipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life;
(2) promote increased awareness and career counseling by providing access to the South Carolina Occupational Information System for all schools. However, if a school chooses another occupational information system, that system must be approved by the State Department of Education Beginning with the 2021-2022 School Year, school districts shall:
(1) organize high school curricula around a minimum of three career pathways that are targeted to regional and state workforce needs. The district must offer at least one pathway in each career center or in each high school and at least one high-skill and in-demand pathway as identified in the state's Workforce Innovation and Opportunity Act plan. Districts shall coordinate with other school districts to ensure that students have increased access to multiple pathways. Students approved to take coursework outside of their attendance zone, to include across district lines, may be transported by school bus at no cost to the student or school district provided the route information has been submitted to the department. The department is permitted to utilize state funds to initiate and foster cross-district programs and may mandate that districts participate in such programs as a condition of receipt of state funding. The curricula must be designed to provide a well-rounded education to prepare students for multiple pathways, including postsecondary credentials. The pathways must foster the life and career characteristics, world class knowledge, and skills identified in the Profile of the South Carolina Graduate;
(2) promote increased awareness and career counseling that focus on the regional and state workforce needs and on the careers that require a high school diploma, industry certification, postsecondary degree, or postsecondary credential; and
(3) review the pathways selected by the districts every two years and determine if a different pathway is more appropriate for local workforce needs. Districts shall report their process used in determining whether to keep or replace a pathway to the State Board of Education."
SECTION 28. Section 59-53-30 of the 1976 Code is amended to read:
"Section 59-53-30. (A) Before August 1, 2021, the State Board for Technical and Comprehensive Education shall establish common minimum admission scores for institutions within its jurisdiction, and may differentiate scores based on areas of study for programs that award credit toward a degree, certificate, or diploma. For individuals who do not meet the minimum scores, the colleges shall provide information regarding continuing education programs and other programs that do not award credit toward a degree, certificate, or diploma.
(B) Institutions of the South Carolina Technical Education System shall maintain open admissions policies unless determined to be economically unfeasible by the State Fiscal Accountability Authority and establish and maintain low tuition and fees in order to provide access to post-secondary education and insure that such educational opportunities shall not be denied to anyone.
(C) Upon request and justification and with the approval of the State Board of Education, the Board may authorize an institution within its jurisdiction to contract with local school districts to offer adult literacy courses and programs and secondary-level vocational career and technical education courses and programs.
(D) Upon request and justification and with the approval of the Commission on Higher Education, the Board may authorize an institution within its jurisdiction to offer two-year college parallel programs. The Commission on Higher Education shall approve all criteria for college parallel courses."
SECTION 29. Section 59-150-360(A) and (F) of the 1976 Code is amended to read:
"(A)(1) A person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may receive tuition assistance to attend a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year limited to the highest amount of tuition assistance received by students at public two-year institutions. In order to qualify as a first time entering freshman and before attempting twenty-four academic credit hours, a student must:
(1a) be a South Carolina resident for a minimum of one year;
(2b) be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program, or be enrolled in a noncredit program that awards a nationally recognized business or industry credential as defined by the State Board for Technical and Comprehensive Education;
(3c) make reasonable progress toward completion of the requirements for the certificate, degree, or diploma program;
(4d) if enrolled in a program awarding college credit, complete a Free Application for Federal Student Aid (FAFSA) application. If a student feels that he will definitely not qualify to receive federal financial aid, the student may complete a simple form of minimum questions created by the State Board for Technical and Comprehensive Education and the Commission on Higher Education to determine if the student definitely will not qualify to receive federal financial aid. If it is determined that the student definitely will not qualify to receive federal financial aid, the student shall sign a form created by the State Board for Technical and Comprehensive Education and the Commission on Higher Education, and the student is exempted from completing the Free Application for Federal Student Aid. The State Board for Technical and Comprehensive Education and the Commission on Higher Education shall promulgate regulations to set thresholds for determining if a student definitely will not qualify to receive federal financial aid; and
(5e) not be the recipient of a LIFE Scholarship; and
(f) for a student enrolled in a noncredit program that awards a nationally recognized business or industry credential as defined by the State Board for Technical and Comprehensive Education, the student shall have graduated from high school or earned an equivalent high school credential within seven years of first entering the ninth grade.
(2) Regulations for implementation of this section are the responsibility of the South Carolina State Board for Technical and Comprehensive Education, for the technical college system, and the Commission on Higher Education, for the two-year public and private institutions. These regulations must be developed in a coordinated effort, provide for the allocation of funds based on the tuition assistance granted at each institution, and be interchangeable between each of the institutions affected.
(F) In order for a student seeking credit hours for a certificate, degree, or diploma to be eligible after attempting twenty-four academic credit hours the student must have earned a grade point average of 2.0 or better on a 4.0 grading scale."
SECTION 30. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3800. A taxpayer who employs a public school grade 6-12 teacher as an intern, for no less than sixty and no more than eighty hours each calendar year, pursuant to an agreement registered with the Department of Education, is allowed a credit against the income tax imposed pursuant to this chapter equal to two thousand dollars for each teacher employed. The internship must be approved by the school district in which the teacher is employed based on criteria provided by the Department of Education in an effort to increase the number of teachers who understand the skills and abilities needed for twenty-first century jobs. Each school district shall report annually to the Department of Education the number of teachers participating in an internship and the number of hours each teacher is employed. The Department of Revenue shall prescribe a form to claim this credit that provides information to the department sufficient for the proper administration of this credit."
(1) how to best transfer adult basic education and adult secondary education from the State Board of Education to the State Board for Technical and Comprehensive Education. The report must include, but is not limited to, the following:
(a) all sources of funding that are currently appropriated to adult education programs;
(b) the administrative structure of adult education including how the State Board for Technical and Comprehensive Education will facilitate the collaboration of core partners and service providers under the Workforce Innovation and Opportunity Act (WIOA) at the state level and within regional service areas;
(c) results of student assessments, including passage rates for high school equivalency examinations;
(d) a listing of personnel involved both directly and indirectly in adult education; and
(e) a timeline for the complete transfer of the programs to the State Board for Technical and Comprehensive Education; and
(2) how to best use Career and Technology Centers owned and operated by local school districts and technical college facilities in order to provide improved and updated career and technical education. The report must include, but is not limited to, the following:
(a) how to offer increased access to career and technology education to all high school students with emphasis on students in rural areas who live more than ten miles from a facility that they may currently attend;
(b) steps necessary to create memoranda of understanding between technical colleges and local school districts to allow high school students greater access to technical colleges;
(c) transportation and liability issues regarding high school students attending technical colleges for career and technology education;
(d) the feasibility of creating regional career and technology centers;
(e) all sources of funding currently appropriated for high school career and technical education; and
(f) listing of personnel involved both directly and indirectly in high school career and technical education.
"(A) A local school district board of trustees of this State desirous of creating an avenue for new, innovative, and more flexible ways of educating children within their district, may create a school schools of choice innovation within the district that is exempt from state statutes which govern other schools in the district and regulations promulgated by the State Board of Education. To achieve the status of exemption from specific statutes and regulations, the local board of trustees, at a public meeting, shall identify specific statutes and regulations which will be considered for exemption. The exemption may be granted by the governing board of the district only if there is a two-thirds affirmative vote of the board for each exemption and the proposed exemption is approved by the State Board of Education."
SECTION 33. Chapter 25, Title 59 of the 1976 Code is amended by adding:
Section 59-25-910. This act must be known and may be cited as the 'Teacher Bill of Rights'.
Section 59-25-920. All certified public school teachers in South Carolina should be able to expect the following:
(1) have their professional judgment and discretion included in regard to disciplinary actions or instructional decisions in the classroom made in accordance with school and district policy;
(2) teach free from fear of frivolous lawsuits;
(3) take appropriate disciplinary measures, pursuant to federal law, school policy and district policy, to facilitate a learning environment developed through a culture of respect between teacher and students;
(4) work in an environment that is conducive to learning;
(5) an unencumbered daily planning time that is coordinated with school administration;
(6) a recognition that the goal of the state should be a competitive salary commensurate with that of other professionals with similar years of experience, and educational degrees; (7) have the state and district take all necessary steps to ensure that teachers are not burdened with unnecessary paperwork that prevents the fulfillment of the teacher's primary directive to implement effective instruction for their students;
(8) additional compensation or time for work time above and beyond contracted days ; and
(9) receive, as teachers under induction contracts, leadership and support from school and district personnel, including the assignment of qualified mentors who:
(a) commit to helping them become competent and confident professionals in the classroom; and
(b) offer support and assistance as needed to meet performance standards and professional expectations."
SECTION 34. Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-25. (A) Educator preparation programs housed within an institution of higher education (IHE) may submit a separate and distinct educator preparation program for alternative preparation to the State Board of Education for approval. These alternative preparation programs are not required to be nationally accredited, but, consistent with other alternative preparation programs, IHE-led alternative programs must include, but are not limited to, documented evidence of the following:
(1) budget and sources of revenue including fees paid by the candidates;
(2) organizational information including the names and qualifications of administrators, support staff, and faculty;
(3) entry requirements for candidates for each certification area program offered by the applicant;
(4) plans for curriculum offerings including delivery method and timeframe, field placements, field supervision plans, and assessments of success;
(5) partnerships with public schools for clinical experiences, if applicable, including signed memoranda of agreement with detailed responsibilities for the alternative route educator provider program and the school district;
(6) evidence of annual successful teaching experience by the candidates and progress toward obtaining a professional certificate;
(7) ongoing monitoring of candidates' performances in the classroom while in the alternative route program; and
(8) mentoring provided by the educator preparation program.
(B) The department annually shall report the total number of individuals employed in this State, by district, with certificates issued by IHE alternative programs to the State Board of Education and the General Assembly before March thirty-first of each year."
SECTION 35. Section 59-26-20 of the 1976 Code is amended by adding a subsection at the end to read:
"( ) The State Board shall promulgate regulations regarding a cyclical evaluation process for all approved teacher educator programs. The cyclical evaluation period must be no longer than five years. The regulations must list requirements for approval and must include evidence of annual successful teaching experience of educators differentiated by program. The regulations shall include a process for revocation of program approval."
SECTION 36. Chapter 26, Title 59 of the 1976 Code is amended by adding:
"Section 59-26-35. (A) The State Board of Education, with the assistance of the Department of Education, the South Carolina Commission on Higher Education, and Revenue and Fiscal Affairs Office, shall develop and annually shall publish before November first an online report card known as the 'South Carolina Teacher Preparation Report Card'. The report card shall evaluate the ability of educator preparation programs, including alternative programs, to train new teachers for success in South Carolina's classrooms. The report card must include data on a variety of measures to provide an overall picture of how well each educator preparation program prepares effective teachers and meets state goals, including, but not limited to, the following:
(1) number of undergraduate and graduate completions;
(2) placement and retention rates by district and region of the state;
(3) performance of candidates on basic skills examination;
(4) ability of program to recruit a strong, diverse cohort of candidates and prepare them to teach in the content areas of greatest need;
(5) quality of clinical experiences; and
(6) effectiveness of individuals who completed a provider's program and are employed in a public school classroom. The information must be differentiated by provider and, where applicable, across content areas.
(B) The State Department of Education, each educator preparation program, and each school district shall report all data as requested by the State Board of Education to complete the evaluation."
SECTION 37. Chapter 26, Title 59 of the 1976 Code is amended by adding:
"Section 59-26-120. (A) The State Department of Education annually before December first shall provide each college of education and state-approved educator preparation program with information regarding its graduates. Information must be provided to a college of education or educator preparation program regarding each of its individual educator graduates and must include, but is not limited to:
(1) SCPASS and SC READY, or the succeeding assessment, scores aggregated by classroom, content, and/or grade, school, district, and learner demographic;
(2) Student learning objective data aggregated by classroom, content, and/or grade, school, district, and learner demographic;
(3) results of ADEPT Evaluation by individual educator graduate;
(4) records of employee certification by individual educator graduate; and
(5) other information requested by the programs designed to enhance the ability of the college of education or educator preparation program to provide improved education services.
(B) A college of education or educator preparation program receiving individualized information regarding its graduates pursuant to subsection (A) shall:
(1) develop and use a unique system for identifying each individual educator graduate for whom it receives such individualized information;
(2) strictly maintain the confidentiality of all information that can be used to identify an individual educator graduate for whom it receives such information; and
(3) not share such information with a third party without the express written consent of the educator.
(C) Information provided to a college of education or educator preparation program pursuant to this section is not subject to the provisions of the Freedom of Information Act."
SECTION 38. Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding: "Section 59-25-52. (A) Recognizing that supportive working conditions for teachers make it more likely that teachers will continue with, and prosper in the profession, the Center for Educator Recruitment, Retention and Advancement shall use and update the teacher survey currently administered by the department. The center semiannually shall administer the uniform, confidential, and online survey of all public school teachers to evaluate teacher satisfaction, especially teacher perceptions of their existing working conditions associated with the basic psychological needs of competence, autonomy, and relatedness. Among other things, the survey should assess teacher perceptions of:
(1) administrative support;
(2) student behavior;
(3) decision making roles;
(4) parental support;
(5) amount of paperwork and routine duties;
(6) availability of resources;
(7) communication with principal;
(8) cooperation among the staff;
(9) staff recognition;
(10) control in classroom;
(11) influence over school policy;
(12) student absenteeism;
(13) student apathy;
(14) violence; and
(15) professional growth opportunities in content areas.
(B) The results of this survey must be compiled, analyzed, and reported for each school, district, and statewide. These reports must be:
(1) provided to the Education Oversight Committee and each school district board, school district superintendent, school principal, and school teacher; and
(2) published on the websites of the State Department of Education, each school district, and each school. A district only must publish the results for the district and a school only must publish the results for the school. Yearly results must be published online and maintained for ten years."
SECTION 39. Section 59-20-50 of the 1976 Code is amended to read: "Section 59-20-50. (1) Notwithstanding the computations prescribed in Section 59-20-40, the level of state contributions to each district shall not be reduced to a per-pupil level of foundation program funds below that per-pupil level of state funding of programs for the fiscal years prior to implementation of this chapter which will be incorporated in the foundation program.
Provided, no district shall receive annually an increase in state funds less than the full rate of the inflationary adjustment in the base student cost specified in Section 59-20-40(1)(b). This increase shall be computed annually over and above the amount actually received from the State for the foundation program in the prior fiscal year.
Provided, further, after the fiscal year 1982-83 no district shall receive annually an increase in state funds less than four-fifths of the inflationary adjustment in the base student cost specified in Section 59-20-40(1)(b). This increase shall be computed annually over and above the amount actually received from the State for the foundation program in the prior fiscal year.
Beginning July 1, 1994, no additional school district shall receive hold-harmless funds under this subsection due to decreases in student numbers or upward adjustments in the index of taxpaying ability.
(2) Notwithstanding any provisions of this chapter, any local school district may increase the local effort above the foundation program funding level as deemed necessary to meet the aspirations of the people of the district.
(3) Eighty-five percent of the funds appropriated through state and local effort for each weighted classification shall be spent in direct and indirect aid in the specific area of the program planned to serve those children who generated the funds. Districts expending less than the required eighty-five percent of the appropriated amount shall be subject to a penalty the following fiscal year in the amount equal to the difference between the amount spent and the required eighty-five percent figure.
However, this requirement shall not apply to the funds generated by children in the pupil classification 'Speech Handicapped Pupils'.
(4)(a) Each school district shall pay each certified teacher or administrator an annual salary at least equal to the salary stated in the statewide minimum salary schedule for the person's experience and class. No teacher or administrator employed in the same position, over the same time period, shall receive less total salary, including any normal incremental increase, than that teacher or administrator received for the fiscal year before the implementation of this article.
(b) The state minimum salary schedule must be based on the state minimum salary schedule index in effect as of July 1, 1984. In Fiscal Year 1985, Beginning with Fiscal Year 2019-2020, the 1.000 figure in the index is $14,172 thirty-five thousand dollars and an educator's base salary must include the National Board Supplement. Salary increases must be based on funding provided by the General Assembly in the annual appropriations act and provided through adjustments in the salary schedule to educators identified by the State Department of Education as eligible to receive the Education Improvement Act teacher salary supplement during Fiscal Year 2018-2019 as reported to the Revenue and Fiscal Affairs Office. (This figure is based on a 10.27% increase pursuant to the South Carolina Education Improvement Act of 1984.) Beginning with Fiscal Year 1986, the 1.000 figure in the index must be adjusted on a schedule to stay at the southeastern average as projected by the Office of Research and Statistic of the Revenue and Fiscal Affairs Office and provided to the General Assembly during their deliberations on the annual appropriations bill. The southeastern average teacher salary is the average of the average teachers' salaries of the southeastern states. In projecting the southeastern average, the office shall include in the South Carolina base teacher salary all local teacher supplements and all incentive pay. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their prior fiscal level. In Fiscal Year 1986 and thereafter teacher pay raises through adjustments in the state's minimum salary schedule may be provided only to teachers who demonstrate minimum knowledge proficiency by meeting one of the following criteria:
(1) holding a valid professional certificate;
(2) having a score of 425 or greater on the Commons Examination of the National Teachers Examinations;
(3) meeting the minimum qualifying score on the appropriate area teaching examination; or
(4) meeting the minimum standards on the basic skills examinations as prescribed by the State Board of Education provided in Section 59-26-20 Beginning in Fiscal Year 2019-2020, the starting salary for a teacher with no years of experience and a bachelor's degree must be at least thirty-five thousand dollars. The General Assembly shall establish the starting teacher salary each year in the annual appropriations act. The salary schedule and Education Finance Act inflation factor may be determined in the annual General Appropriations Act."
SECTION 40. Section 59-111-110 of the 1976 Code is amended to read:
"Section 59-111-110. (A) No tuition may be charged for a period of four school years by any state-supported college or university or any state-supported vocational or technical school for children of:
(1) firemen, both regularly employed and members of volunteer organized units, organized rescue squad members, members of the Civil Air Patrol, law enforcement officers, or corrections officers, as defined herein, including reserve and auxiliary units of counties or municipalities who become totally disabled or are killed in the line of duty on or after July 1, 1964;
(2) government employees who become totally disabled or are killed in the line of duty while working on state time on or after July 1, 1996, as a result of a criminal act committed against them which constitutes a felony under the laws of this State; or
(3) full-time certified classroom teachers with at least five years of teaching service who are employed in schools that have an absolute rating of unsatisfactory for at least three of the previous four years. The teacher shall serve as a full-time classroom teacher for the duration of the time the child is in a state-supported college, university, or vocational or technical college.
(B) The tuition authorized to be paid by this section applies only to undergraduate courses or curriculum and may be paid for a period not exceeding four years, regardless of the number of state-supported colleges, universities, or state-supported vocational or technical schools the child attends."
SECTION 41. Article 3, Chapter 111, Title 59 of the 1976 Code is amended by adding:
"Section 59-111-155. For the purposes of this article, a 'full-time certified classroom teacher' means a full-time teacher who is on a continuing contract status and is highly effective as determined by the state's educator evaluation system."
SECTION 42. Article 1, Chapter 19, Title 59 of the 1976 Code is amended by adding:
"Section 59-19-360. The board of trustees of a local school district may authorize the daily mileage reimbursement of a teacher who must travel more than twenty-five miles each way between his established domicile and school. This reimbursement may not exceed the existing federal reimbursement rate for mileage."
SECTION 43. Section 59-63-31 of the 1976 Code is amended by adding a subsection at the end to read:
"( ) Local school boards of trustees may establish policies allowing teachers to enroll their children in the schools where they teach regardless of the student's zoned area of attendance, and if space is available at the receiving school."
SECTION 44. Article 1, Chapter 19, Title 59 of the 1976 Code is amended by adding:
"Section 59-19-370. (A)(1) If a district or school is seeking to implement competency-based education, the State Board of Education may exempt the school from state laws, policies and regulations that hinder the implementation of certain competency-based practices. A district that wishes to obtain an exemption may submit a waiver application to the State Board of Education in a format developed by the State Department of Education. To be considered, a waiver application must:
(a) be approved by the local school district board of trustees;
(b) be aligned to the district strategic plan; and
(c) provide for the implementation of the strategies described in the waiver application for all students in the school, which may be implemented in phases over a period of five or fewer years.
(2) A district must show evidence of the meaningful steps already taken to engage parents and community stakeholders. A district must also include a continued plan to seek parental outreach and consultation using guidelines approved by the State Board of Education when submitting a waiver application for approval by its local board of trustees and the State Board of Education, or the application may not be considered.
(3) A district whose waiver application is approved may request additional exemptions and may request amendments to its current approved waiver on a rolling basis.
(B) Competency-based education is designed to improve educational outcomes for students by advancing their mastery of concepts and skills through the following core principles:
(1) Learning outcomes must emphasize competencies that include:
(a) application and creation of World Class Knowledge; and
(b) the development and application of the World Class Skills and Life and Career Characteristics identified in the Profile of the South Carolina Graduate. (2) Competencies must include explicit, measureable, and transferable student learning objectives that provide transparency and guide students, with customized support from teachers, as the students pursue their own inquiries, understanding, and ownership of learning.
(3) A student shall master competencies along a personalized and flexible pathway before he may advance. A student may demonstrate his mastery of competencies through his performance of the competencies, application of the competencies, or both.
(4) An assessment must be meaningful and used to personalize learning experiences with a student.
(5) A student must receive timely and personalized support based on his individual learning needs.
(C) A local school board of trustees and the State Board of Education may not exempt a school from:
(1) federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, national origin, religion, ancestry, or need for special education services;
(2) health, safety, civil rights, and disability rights requirements as applied to other public schools operating in the district; or
(3) state and federal assessment requirements.
(D) A school operating under a waiver pursuant to this section shall admit all children eligible to attend the school, subject to space limitations, and may not limit or deny admission or show preference in an admission decision to an individual or group of individuals.
(E) If a school is operating under a waiver pursuant to this section, each student enrolled in the school is still considered to be a full-time equivalent student enrolled in the school for the purpose of calculating state financial support, average daily membership, and attendance, and for accountability purposes, The department may develop a process to ensure that schools and districts are not penalized for the purposes of accreditation.
(F) If a school is operating under a waiver pursuant to this section, each student must remain enrolled in the state's student information system.
(G) The State Department of Education shall establish procedures to ensure that a student who attends a school that is operating under a waiver pursuant to this section and subsequently transfers to another school within the district or to another district is not penalized by being required to repeat coursework that he successfully has mastered. The department may provide a necessary accreditation exemption to a school that launches a competency-based education program. (H)(1) The State Department of Education shall create evaluation criteria and guidelines for schools that are operating under a waiver pursuant to this section. A participating school shall submit required data for a biennial cyclical review on a form developed by the department. The review must begin at the conclusion of the second academic year of the school's implementation of the waiver. The required data shall include but not be limited to indicators of student engagement, instructional practices, performance on assessments (formative, benchmark, and state), high school success, and post-secondary success. The review must begin at the conclusion of the second academic year of the school's implementation of the waiver. A report summarizing the reviews including the waivers requested and how they hindered implementation shall be distributed to the Governor and the Legislature.
(2) If upon the cyclical review the department determines that a goal or objective is not being met, the department shall notify the district and school in writing. The district and school have sixty days to respond, after which the department may recommend revocation of the flexibility provisions to the State Board of Education.
(I) The Commission on Higher Education and State Board for Technical and Comprehensive Education shall establish policies to provide fair and equitable access to institutions of higher education and technical colleges as well as , scholarships and financial aid for graduates of schools implementing innovative school models and using nontraditional diplomas and transcripts."
SECTION 45. Chapter 18, Title 59 of the 1976 Code is amended by adding:
Section 59-18-1615. (A) When an elementary or middle school receives an overall rating of below average or unsatisfactory, or fewer than twenty-five percent of its students are at 'meets' or 'exceeds expectations' on the English/language arts and mathematics SC READY assessment or its successor assessment, or when a high school receives an overall rating of below average or unsatisfactory or fewer than twenty-five percent of its students score at least a C or better on end-of-course assessments in English and mathematics, the faculty of the school with the leadership of the principal must review its renewal plan and revise it with the assistance of the school improvement council established in Section 59-20-60. The revised plan shall be the school turnaround plan and must:
(1) consider every aspect of schooling and must outline activities that, when implemented, reasonably may be expected to improve student performance and increase the rate of student progress; (2) provide a clear and coherent plan for professional development that is ongoing, job related, and tied to improving teaching and learning;
(3) establish specific annual targets for improving student academic achievement for elementary and middle schools;
(4) establish specific annual targets for improving student academic achievement, on-time graduation rates, and college and career readiness for high schools;
(5) identify how existing resources and technical assistance funds provided by the State or by Title I federal funds can be targeted to improve student outcome with specific actions to improve the recruitment and retention of highly effective teachers;
(6) address professional development activities that are directly related to instruction in the core subject areas and may include the use of funds appropriated for technical assistance to provide compensation incentives in the form of salary supplements to classroom teachers who are certified by the State Board of Education, the purpose of such compensation packages being to improve student achievement and to improve the recruitment and retention of highly effective teachers as determined by average student growth in schools designated as below average or unsatisfactory; and
(7) include a time line for implementation of the activities and the goals in item (6) to be achieved.
(B) For schools identified in subsection (A), the department shall assist schools and school districts as they work to improve classroom practice and student performance by:
(1) establishing an ongoing state mechanism to promote successful programs found in South Carolina schools for implementation in schools with similar needs and students, to review evidence on instructional and organizational practices considered to be effective, and to alert schools and classroom teachers to these options and the sources of training and names of implementing schools;
(2) providing information and technical assistance in understanding state policies, how they fit together, and the best practice in implementing them; and
(3) establishing a process for monitoring information provided for accountability and for assessing improvement efforts and implementation of state laws and policies which focuses on meeting the intent and purpose of those laws and policies. (C) For schools identified in subsection (A), the local school district board of trustees, in consultation with the department, shall assist schools by:
(1) creating a stakeholder group that includes local representatives from the Department of Social Services, Department of Mental Health, Department of Employment and Workforce, and law enforcement; and
(2) including in the creation of the renewal plan, after considering the recommendations of the local stakeholder group, the following:
(a) steps to address social service and health needs of students at the school and their families, to help students arrive and remain at school ready to learn; provided, however, that this may include mental health and substance abuse screening;
(b) steps to improve or expand child welfare services and, as appropriate, law enforcement services in the school community, in order to promote a safe and secure learning environment;
(c) steps to improve workforce development services provided to students and their families at the school, to provide students and families with meaningful employment skills and opportunities;
(d) steps to address achievement gaps for limited English proficient, special education and low-income students;
(e) alternative English language learning programs for limited English-proficient students; and
(f) a financial plan for the school, including any additional funds to be provided by the district, state, federal government, or other sources. (D) Once the revised plan is developed, the district superintendent and the local board of trustees shall review the plan to determine if it focuses on strategies to increase student academic performance and college and career readiness. Once the district board has approved the plan, the district shall delineate the strategies and support it will give the plan. The State Board of Education shall review and approve the plan and supporting strategies. The approved plan must be submitted to the Department of Education and posted on the respective websites of the department, the school, and the district. Annually, the district superintendent and the local board of trustees shall submit to the Department of Education updates on implementation of the plan and how it measures the impact of the activities in the plan. These annual reports must be provided to the State Board of Education and the department shall make these annual reports publicly available on its website.
(E) After the approval of the revised plan, the respective professional growth plans for principals and teachers required by Sections 59-26-40 and 59-24-40 must:
(1) be reviewed by the department and amended to reflect the professional development needs identified in the revised plan; and
(2) establish individual improvement criteria on the performance dimensions for the next evaluation.
(F) The school, in conjunction with the district board, must inform the parents of children attending the school of the ratings received and must outline the steps in the revised plan to improve performance, including the support which the board of trustees has agreed to give the plan. This information must be:
(1) provided to the parents no later than February first of the year following the publication of the rating; and
(2) advertised in at least one South Carolina daily newspaper of general circulation in the area, provided this must:
(a) be published within ninety days of receipt of the report cards issued by the Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four-point bold headline; and
(b) include the name of school district, name of superintendent, name of the chair of the local school board of trustees, district office telephone number, name of school, name of principal, telephone number of school, the overall performance rating of the school, the ratings on the school by indicator, and strategies that the district and school must use to improve student outcomes of all students as measured on the report card.
(G) Upon a review of the plan to ensure it contains sufficiently high standards and expectations for improvement, the Department of Education is to delineate the activities, support, services, and technical assistance it will make available to support the school's plan and sustain improvement over time. The department annually before January first shall report to the General Assembly and Governor on the activities, support, services, and technical assistance provided to each school and the projected and actual impact of such intervention.
(H)(1) The school shall offer an orientation class for parents which focuses on:
(a) the value of education; (b) academic assistance programs that are available at the school and in the community;
(c) student discipline;
(d) school policies;
(e) explanation of information that will be presented on the school's report card issued in November;
(f) information on all afterschool, extracurricular, summer learning, or other enrichment programs offered by the school or local community providers; and
(g) other pertinent issues.
(2) The school shall offer the orientation class each year the school receives an overall rating of unsatisfactory or below average on the school report card and shall provide parents with written notification of the date, time, and location of the meeting. A school shall offer the orientation class:
(a) at a time when the majority of parents are able to attend; and
(b) in community settings or workplaces to better meet the needs of parents with transportation difficulties or scheduling conflicts.
(I)(1) The Department of Education shall implement the provisions of this section through the Office of Transformation. The office shall provide technical assistance to underperforming schools and districts through tiers of technical assistance as directed by the Superintendent of Education. The tiers must be determined by factors that include, but are not limited to:
(a) length of time schools in the district have been underperforming;
(b) annual achievement ratings;
(c) annual growth ratings;
(d) school or district accreditation; and
(e) financial risk status as defined by the UGG.
(2) The tiers of technical assistance may include a per student allocation, placement of a principal mentor, transformation coach, instructional leader, replacement of the principal, reconstitution of a school, and declaration of a state of emergency. Low-performing schools and districts must be placed within the tiered technical assistance framework not later than January fifteenth. (3) Low-performing schools must receive a needs assessment through the department. In addition, newly identified low-performing schools and districts must be reviewed by an External Review Team in the year of designation, and every third year thereafter. These reports must be made available on the department's website; any information pertaining to personnel matters or containing personally identifiable information is exempt. Based upon the recommendations in the reviews, low-performing schools and districts must develop and submit to the department an updated school renewal or district strategic plan outlining goals for improvement. The amended plans must address evidence-based strategies designed to increase student achievement and must include measures to evaluate the success of implementation of the plan.
(4) With the funds appropriated to the department and any experts placed in the school or district for technical assistance services, the department shall assist low-performing schools and districts in designing and implementing the strategies and measures identified in the amended plans and in brokering for technical assistance personnel as stipulated in the plan. In addition, the department shall monitor student academic achievement and progress on implementation and report their findings to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Education Committee, the Chairman of the House Education and Public Works Committee, the local legislative delegation, and the Governor in the fall following the school or district designation as low-performing. If the school or school district does not provide the evaluation information necessary to determine effective use, the principal of the school or the district superintendent may be subject to receiving a public reprimand by the State Board of Education if it is determined that those individuals are responsible for the failure to provide the required information.
(5) Funds must be used by the department for implementation and delivery of technical assistance services. Using previous report card data and monitoring reports on the status of implementation of the school renewal plan, the department shall identify priority schools. Funds appropriated for technical assistance must be used by the department to work with those schools identified as low-performing and to support priority schools under the tiered system. These funds may not be transferred to another funding category by the school district without prior approval of the State Superintendent of Education and funds are not subject to agency flexibility provisions.
Section 59-18-1620. (A) When a school receives an overall rating of unsatisfactory for three out of four years, the school is considered to be 'chronically underperforming' and one of the following must occur: (1) the school will be reconstituted immediately after the end of the school year in which the annual report is published; and:
(a) the State Superintendent shall make all personnel decisions for the reconstituted school and shall have the authority to determine whether to terminate the principal, faculty, and staff;
(b) the State Superintendent of Education shall hire the new principal and staff for the reconstituted school if necessary; and
(c) the department shall contract with a public or nonprofit entity that has a proven record of success in working with underperforming schools and districts. The entity shall use research-based strategies to assist schools with their operations and oversee the administration of the school until the overall rating of the school improves; provided, if the overall rating does not improve within three years then the school either must be restarted under the management of a high-performing charter management organization selected by the State Superintendent of Education or must be governed by the South Carolina Transformation School District, and all state, local and federal funds generated by the students must follow the students to the charter management organization or to the South Carolina Transformation School District;
(2) the school must be closed and restarted under the management of an existing charter school authorizer or a nonprofit educational management organization selected by the State Superintendent; provided, if the school is a Title I school, the Department of Education will award competitive grants as authorized under federal law to support these new schools and all state, local and federal funds generated by the students follow the students to the charter school authorizer or to the educational management organization. The authorizer or management organization has the authority to terminate any and all employees of the school and hire employees at its discretion; or
(3) the school must be closed and its students must be transferred to higher-performing schools in the district.
(B) The State Superintendent, with input from the local school board of trustees, shall determine which action is in the best interest of the students and shall advise the State Board of Education of its determination.
(C) The State Board of Education holds final decision-making authority and the determination by the department and local school board, pursuant to this subsection, only is advisory. (D) A school identified as 'chronically underperforming' must have that designation included on the first page of its report card in a conspicuous location.
Section 59-18-1640. (A) When a majority of students in a district attend schools with an overall rating of below average or unsatisfactory, the State Superintendent shall declare the district to be in a state of emergency and the annual report card of each school in the district must identify the district as being in a state of emergency. The State Superintendent, with the approval of the State Board of Education, shall appoint an external review committee to study educational programs and financial management in the district and identify factors affecting the student performance. The review committee shall:
(1) examine all facets of school and district operations, focusing on strengths and weaknesses, determine the extent to which the instructional program is aligned with the content standards, and make recommendations that draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics;
(2) consult with parents and community members to gather additional information on the strengths and weaknesses of the district;
(3) identify personnel changes, if any, that are needed at the school level, district level, or both, and discuss such findings with the board;
(4) work with school staff, central offices, and local boards of trustees in the design of the district's plan, implementation strategies, and professional development training that reasonably may be expected to improve student performance and increase the rate of student progress in the district;
(5) identify needed support from the State Department of Education and other sources for targeted long-term technical assistance;
(6) review the financial management of the district;
(7) report its recommendations, no later than three months after the district receives the designation as a district in a state of emergency to the district superintendent, the district board of trustees, and the State Board of Education; and
(8) annually report over the next four years to the local board of trustees and State Board, or more frequently as considered necessary by the State Board, on the progress of the district toward implementing the plans and recommendations and improving student performance.
(B)(1) Upon approval of recommendations by the State Superintendent of Education, the Department of Education shall: (a) within thirty days notify the district superintendent and the district board of trustees of the recommendations upon the approval of the recommendations; and
(b) delineate the activities, support, services, and technical assistance it will provide to support the recommendations and sustain improvement over time.
(2) The external review committee, composed of Department of Education staff, representatives from selected school districts, higher education, and business, annually shall report to the local board of trustees and the State Board of Education over the next two years on the district's progress in implementing the recommendations and improving student performance.
(C) If a district is identified as being in a state of emergency for four consecutive school years, the State Board of Education shall choose from one of the following:
(1) transfer schools in the district into another, higher performing district which may be located in the same county or in another county in the State and all state, local and federal funds generated by the students follow the students to the higher performing district; or
(2) close and restart the schools in the district under the management of an existing charter school authorizer, a nonprofit educational management organization selected by the State Board, or the South Carolina Transformation School District. The board shall have the discretion to use all three options for schools in the district.
(D) Upon designation as a district in a state of emergency for four consecutive years, the district and local school board of trustees immediately is dissolved and all of its powers, duties, and responsibilities are transferred to the entity charged with operating the schools.
Section 59-18-1650. (A) The South Carolina Transformation School District is established as an organizational unit of the Department of Education, established by the State Superintendent for the purpose of providing the operation and management of underperforming schools pursuant to Sections 59-18-1620 and 59-18-1640.
(B) The State Superintendent may contract with one or more individuals, governmental entities, or nonprofit entities to manage the daily operations of any or all schools placed in the Transformation School District including, but not limited to, providing direct services to students. (C) An individual, governmental entity, or nonprofit entity contracted pursuant to subsection (B) to manage schools placed in the Transformation School District may apply to the State Superintendent and the State Board of Education for a waiver of any regulation that inhibits or hinders the ability of the school to achieve the required adequate yearly progress benchmarks. Notwithstanding the provisions of this subsection, the State Superintendent and State Board of Education may not waive rules relating to:
(1) federal and state civil rights;
(2) federal, state and local health and safety;
(3) federal and state public records;
(4) immunizations;
(5) possession of weapons on school grounds;
(6) background checks and fingerprinting of personnel;
(7) federal and state special education services;
(8) student due process;
(9) parental rights;
(10) federal and state student assessment and accountability; and
(11) the South Carolina Freedom of Information Act.
(D) The individual, governmental entity, or nonprofit entity contracted to manage schools placed in the Transformation School District shall determine whether a teacher who previously was assigned to the school may continue to teach at the school as an employee of the managing entity.
(E) For schools placed in the Transformation School District whose local districts have not been dissolved or consolidated, the State Superintendent shall develop a transition plan for the purpose of returning the school to the jurisdiction of the local board of trustees if the school achieves the required progress benchmarks for two consecutive years.
(F) Absent an appropriation in the annual general appropriations act, the Transformation School District shall use state, local, and federal funds generated by the students served to operate a school placed in alternative governance and to implement new initiatives and programs as appropriate. This funding may be used to implement new initiatives and programs to the extent that any increase in recurring expenditures are funded additionally so as not to create a financial burden on the local school district if the school is removed from the Transformation School District. (G) An individual, governmental entity, or nonprofit entity contracting with the State Superintendent to manage the operation of a school under the provisions of this section timely shall provide information to the local school board of trustees and superintendent regarding its operation of the schools, including, but not limited to, matters relating to employment of personnel at the school. The local school board of trustees may continue to support the educational improvement of the school under the direction and guidance of the Superintendent and in accordance with any contracts entered into in accordance with this section. In addition, an individual, governmental entity, or nonprofit entity contracting with the State Superintendent voluntarily may work with the local school board of trustees to provide the schools with professional development or technical assistance, instructional and administrative support, and other support that may benefit academic progress of the school.
(H) A contract to manage a school that has been placed in the Transformation School District must require expenditure reports for funds received and expended pursuant to these contracts.
(I) The Transformation School District may require the local board of trustees to provide school support or student support services for a school transferred from its jurisdiction to the Transformation School District including, but not limited to, student transportation, school food service, or student assessment for special education eligibility that are compliant with all laws and regulations governing such services. In such case, the school district shall reimburse the actual cost to the system providing the service. If a dispute arises between the school district and the system providing the service regarding the cost of the service to be reimbursed, the Superintendent of Education or his designee shall determine the cost to be reimbursed. The Transformation School District may use a school building, facility, and property otherwise part of the school and recognized as part of the facilities or assets of the school before its placement in the Transformation School District and shall have access to such additional facilities as are typically available to the school, its students, faculty, and staff before its placement in the school district. This use is unrestricted, except that the Transformation School District is responsible for and obligated to provide for routine maintenance and repair needed to maintain the facilities and property in as good an order as when the right of use was acquired by the district."
SECTION 46. Chapter 17, Title 59 of the 1976 Code is amended by adding:
"Section 59-17-15. (A) Before August 1, 2023, local school districts whose kindergarten through grade twelve student population is less than one thousand, and where greater than fifty percent of the students attend schools whose report card ratings are below average or unsatisfactory, shall be merged with a district in the same county in which it is located. Before August 1, 2021, the State Superintendent of Education shall provide the General Assembly with a report specifying legislative actions necessary to accomplish the district merger.
(B) Before August 1, 2021, the State Superintendent of Education shall provide a comprehensive plan to the Speaker of the House and President of the Senate regarding the merging of school districts. When determining whether to recommend a district for merger or entrance into a shared services agreement with another district, the Superintendent shall consider:
(1) whether the district has an average daily membership of fewer than fifteen hundred students;
(2) whether the district has been declared to be in fiscal watch, caution, or emergency status within the last five years;
(3) whether the district, or a school within a district, has been denied accreditation, or has been placed on probation by its accreditor;
(4) whether a majority of students within the district attend schools that received below average or unsatisfactory on their report cards;
(5) any combination of items (1) through (4);
(6) whether and how any countywide district should be consolidated with districts in contiguous counties to form a regional school district;
(7) whether school districts could be merged to mirror the service areas of their respective technical colleges; and
(8) any additional factors that the Superintendent considers appropriate.
(C)(1) The Superintendent's report must:
(a) indicate if the district has already consolidated administrative and professional services with one or more school districts; and
(b) if such a consolidation has occurred, provide a determination on whether the consolidation of services is successful and should remain in place in lieu of merging the district.
(2) For purposes of this subsection, 'administrative and professional services' includes:
(a) finance;
(b) human resources;
(c) procurement; (d) administrative functions;
(e) transportation;
(f) collaboration on increasing instructional offerings; and
(g) any other services the Superintendent considers appropriate."
SECTION 47. Section 59-39-100 of the 1976 Code is amended to read:
"Section 59-39-100. (A) Diplomas issued to graduates of accredited high schools within this State must be uniform in every respect and particularly as to color, size, lettering, and marking. In accordance with Section 59-59-10, et seq., districts and schools shall provide students with personalized pathways for earning the uniform diploma, and students may earn endorsements based upon their course of study, which may be represented by seals added to the student's uniform diploma. The State Board of Education shall promulgate regulations establishing these pathways and endorsements.
(B) Beginning with students entering the ninth grade in School Year 1997-1998, the number of units required for a high school diploma was increased to twenty-four units. To support the Profile of the Graduate, for students entering the ninth grade beginning with the 2018-2019 School Year, the twenty-four units required are as prescribed in this section and in regulation by the State Board of Education.
(1) Students will continue to be required to earn the units of credit as prescribed in regulation and, when applicable, be offered national industry certifications or credentials.
(2) Coursework must be aligned with a student's personalized diploma pathway. The State Board of Education shall promulgate regulations that outline the process and procedures for approval of courses to personalize pathways based on students' postsecondary plans and include an annually updated course activity coding manual listing approved courses. The individualized graduation planning process must plan each student's personalized pathway based on his postsecondary plans.
(C) Beginning with students entering ninth grade in the 2020-2021 School Year, a local board of trustees may require additional units of credit for a high school diploma. (D) The State Board of Education, through the Department of Education and in collaboration with the Vocational Rehabilitation Department, the Department of Employment and Workforce, businesses, and stakeholders shall develop criteria for a uniform state-recognized employability credential that is aligned to the program of study for students with a disability whose Individualized Education Program (IEP) team determines, and agrees in writing, that a diploma pathway would not provide a free appropriate public education. The State Board of Education, in conjunction with the department, shall develop a rubric and guidelines to identify and assess the employability skills of the students, based on appropriate standards established. The credentials must be uniform in size, shape, and design.
(DE) The department shall monitor the number of diplomas and employability credentials earned by students and shall report to the State Board of Education and the General Assembly biannually by February 15, beginning in 2020.
(EF) Nothing in this section prohibits local school boards of trustees from awarding recognition to students who complete additional units and credits beyond those required by this section."
SECTION 48. Chapter 19, Title 59 of the 1976 Code is amended by adding:
Section 59-19-710. The purpose of this article is to enhance local school governance by promoting the highest standards of ethical behavior and to provide an automatic procedure for addressing instances of deficient local school governance impacting the success of a school district.
Section 59-19-720. For purposes of this article:
(1) Administrator' means an officer, other than a board member, or employee of a local school district who holds a position which:
(a) requires a certificate that authorizes the holder to serve as school administrator, principal, or school business administrator;
(b) does not require that the person hold any type of certificate but is responsible for making recommendations regarding hiring or the purchase or acquisition of property or services by the local school district; or
(c) requires a certificate that authorizes the holder to serve as supervisor and be responsible for making recommendations regarding hiring or the purchase or acquisition of property or services by the local school district.
(2) 'Anything of value' or 'a thing of value' has the same meaning as in Section 8-13-100(1). (3) 'Board member' means a person holding membership, whether by election or appointment, on a board of education other than the State Board of Education.
(4) 'Business' means a corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietorship, union, political organization, or other legal entity but does not include a local school district or another public entity.
(5) 'Economic interest' has the same meaning as in Section 8-13-100(11).
(6) 'Family member' has the same meaning as in Section 8-13-100(15).
(7) 'Interest' means the ownership or control of more than ten percent of the profits, assets, or stock of a business but does not include the control of assets in a labor union.
(8) 'Local school district' means any school district in the State, including the South Carolina Public Charter School District, but does not include special school districts.
(9) 'Nepotism' means the employment, appointment, promotion, transfer, or advancement of a family member to a position in the school district that a school board member manages or supervises. A school board member may not participate in an action relating to the discipline of a family member.
(10) 'Public official' has the same meaning as in Section 8-13-100(27).
(11) 'School official' includes the superintendent, assistant superintendent, chief finance official or employee, and chief purchasing official or employee of a school district.
(12) 'Spouse' means the person to whom a school official is legally married.
Section 59-19-730. (A) The State Board of Education shall adopt a model code of ethics for local school board members before July 1, 2020. This model code of ethics also shall include appropriate consequences for violations of provisions of the model code. The State Board periodically may adopt revisions to the model code as it considers necessary.
(B)(1) A local school board shall adopt a local code of ethics applicable to that board within three months after adoption of the model code by the state board. A local code must include, at a minimum, the model code of ethics. (2) If the State Board adopts a revision to the model code, a local school board shall adopt and incorporate the revision into its local code within three months of the adoption of the revision by the State Board.
(3) A local school board only may adopt its local code of ethics or any changes to that local code at a regularly scheduled meeting.
(4) A local school board may not adopt or follow a code of ethics that prevents its members from discussing freely the policies and actions of the board outside of a board meeting. This does not preclude a local school board from adopting a policy, in a regularly scheduled meeting, that prohibits certain disclosures allowed by law.
(5) A local school board shall submit a copy of its local code of ethics and subsequent revisions to the State Department of Education within thirty days of adoption.
Section 59-19-740. (A) A local school board shall adopt policies regarding nepotism which, at a minimum, must include the provisions of this section.
(B) After June 30, 2020, a person who has a family member serving on a local school board, as the district school superintendent, as a principal or assistant principal of a school in the district, or as a member of the district administrative staff is not eligible to serve as a member of the board if the family member's employment with the district begins after December 31, 2020. This provision does not affect the employment of a person employed by the district before June 30, 2020, or who is employed by the district when his family member becomes a member of that local school board.
(C)(1) For a district with a full-time enrollment of fewer than three thousand students in the initial fall enrollment of 2019, the State Board of Education may waive the provisions of subsection (B) at the request of the local school board or an individual attempting to qualify to run for a seat on that board, provided the local school board shall, before submitting a waiver request, provide thirty days' notice of the individual's intent to run for the office and conduct a public hearing for the purpose of providing an opportunity for full discussion and public input on the issue of potential nepotism problems and other concerns regarding the waiver. The public hearing may be conducted in conjunction with a regular or called meeting of the local school board.
(2) A local school board that seeks a waiver pursuant to this subsection shall submit a written waiver request to the State Board of Education that:
(a) identifies the specific laws, rules, regulations, policies, procedures, or provisions that are requested for the waiver; (b) describes the laws, rules, regulations, policies, and procedures, or provisions that the board will substitute for the waived laws, rules, regulations, policies, procedures, or provisions;
(c) describes any familial relationship that is the subject of the waiver request and the policy for recusal;
(d) describes how the waiver will improve student performance;
(e) describes the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits;
(f) lists by name the schools that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each school;
(g) describes the methods for collecting data, and for measuring and evaluating any change in student performance resulting from the proposed waiver;
(h) provides the period of time for which the proposed waiver is requested and the proposed starting date;
(i) provides a resolution adopted by the local school board to approve or disapprove the waiver request, and outlining the reasons for its approval or disapproval; and
(j) describes any public comment received at the public hearing held pursuant to item (1).
(3) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specific modifications in the waiver request.
(4) The State Board of Education shall grant or deny a waiver request no later than forty-five days after receipt of the request, taking into consideration whether the benefit to the public would justify approval of the waiver.
(D) After June 30, 2020, a person who has a family member serving on a local school board, hired or promoted as a principal or assistant principal of a school in the district, or hired as a member of the district administrative staff is not eligible to serve as the superintendent of the district if the family member's employment with the district begins after December 31, 2020. This provision does not affect the employment of a person employed by the district before June 30, 2020, or who is employed by the district when his family member becomes a member of that local school board. Section 59-19-750. (A) To avoid a conflict of interest, a local school board member or school official may not:
(1) use or attempt to use his official position to secure unwarranted privileges, advantages, or employment for himself, his family members, or any others;
(2) act in his official capacity in any matter where he, his family member, or a business organization in which he or his family member has an economic interest that reasonably could be expected to impair his objectivity or independence of judgment;
(3) solicit or accept, or knowingly allow his family member or a business organization in which he or his family member has an economic interest to solicit or accept a gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, political contribution, service, promise of future employment, or other thing of value was given or offered for the purpose of influencing the board member in the discharge of his official duties; provided this item does not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office if the board member has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the board member in the discharge of his official duties;
(4) use, or knowingly be allowed to use, his official position or any information not generally available to the general public which he receives or acquires in the course of and by reason of his official position for the purpose of securing financial gain for himself, his family member, or a business organization with which he is associated;
(5) represent, either in his individual capacity or through a business organization in which he has an interest, a person or party, other than the local school district or its board, with any cause, proceeding, application, or other matter pending before the district in which he serves or in a proceeding involving the district he represents;
(6) be prohibited from making an inquiry for information on behalf of a constituent if no fee, reward, or other thing of value is promised to, given to, or accepted by the board member or his family member in return; (7) disclose or discuss any information which is subject to attorney-client privilege belonging to the local school board to any person except for other board members, an attorney representing the board, the district superintendent, or any other person designated by the district superintendent for receipt of such disclosures unless the privilege has been waived by a two-thirds vote of the membership of the board then serving;
(8) serve also as an officer of any organization that sells goods or services to the district, excluding not-for-profit organizations;
(9) be considered in conflict with the provisions of this subsection if, by reason of his participation in a matter required to be voted upon, no material or monetary gain accrues to him as a member of a profession, occupation, or group to any greater extent than reasonably could be expected to accrue to another member of that profession, occupation, or group; and
(10) to enable local school superintendents and administrators to effectively perform their duties related to daily operations without undue interference from school board members, a school board member shall:
(a) recognize that the authority of the board only rests with the board as a whole and not with individual board members, and act accordingly;
(b) support the delegation of authority for day-to-day administration of the school system to the local superintendent, and act accordingly;
(c) honor the chain of command and refer problems or complaints consistent with the chain of command;
(d) recognize that the local superintendent shall serve as secretary, ex officio to the board, and should be present at all meetings of the board except when his contract, salary, or performance is under consideration;
(e) not undermine the authority of the local school superintendent or intrude into responsibilities that properly belong to the local superintendent or school administration, including such functions as hiring, transferring, or dismissing employees; and
(f) use reasonable efforts to keep the local superintendent informed of concerns or specific recommendations that any member of the board may bring to the board.
(B) School board members may create or modify the salary, travel stipend, or other component of the compensation provided to school board members, but such creation or change may not become effective until the commencement date of the terms of two or more members elected at the next general election following the adoption of the modification, at which time the creation or change becomes effective for all members. (C) Upon a motion supported by a two-thirds vote of the members present, a local school board shall request that the State Ethics Commission conduct a hearing concerning the violation by a board member of a conflict of interest provision in subsection (A).
Section 59-19-760. (A) The State Department of Education or another public school accrediting agency shall notify the State Board of Education upon placing any district or school on the level of accreditation that immediately precedes the loss of accreditation for school governance reasons. This notice shall include the reason or reasons for the decision of the accrediting agency.
(B) Notwithstanding another provision of law, if a school district or school is placed on the level of accreditation that immediately precedes the loss of accreditation for school governance by an accrediting agency, the local board shall notify the State Board of Education, in writing, within three business days of the placement. This notice shall include the reason or reasons for the decision of the accrediting agency.
(C) The State Board of Education shall conduct a hearing no less than ten days before, but no more than ninety days after, it receives or gives the notice provided in subsections (A) and (B), and shall recommend to the Governor whether he should suspend all eligible members of the local board without pay. A majority of the members of a local board of education may petition the State Board of Education to continue any hearing scheduled under this subsection. Upon a showing of good cause, the state board may in its sound discretion continue any such hearing. Notwithstanding another provision of law, deliberations held by the State Board of Education pursuant to this subsection to formulate its recommendation to the Governor may not be open to the public and are not subject to the Freedom of Information Act; provided, however, that testimony must be taken in an open meeting and a vote on the recommendation must be taken in an open meeting following the hearing or at the next regularly scheduled meeting. If the State Board of Education makes a recommendation to suspend, the Governor may, in his discretion, suspend all eligible members, but not selective individual members, of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who are otherwise qualified to serve as members of the board. A temporary replacement member appointed pursuant to this subsection must serve until the completion of the suspension or until the seat becomes vacant, whichever occurs first.
(D) All hearings pursuant to subsection (B) must be conducted by the State Board of Education, a committee of the State Board, or a hearing officer appointed by the State Board. In conducting a hearing: (1) the presiding officer shall notify the parties of the time and place of the hearing;
(2) all witnesses shall testify under oath and are subject to cross-examination;
(3) the presiding officer shall require the testimony and other evidence to be transcribed by a court reporter or recorded by other appropriate means;
(4) the strict rules of evidence prevailing in courts of law are not applicable; and
(5) at the conclusion of the hearing, or within fifteen days thereafter, the State Board of Education shall notify the Governor and the parties of its decision in writing.
(E) The provisions of this section apply only to a local school district or school which is placed on the level of accreditation immediately preceding loss of accreditation after July 1, 2020. This section applies only to local board of education members who were serving on the local board at the time the accrediting agency placed the local school district or school on the level of accreditation immediately preceding loss of accreditation."
SECTION 49. Section 59-18-920 of the 1976 Code is amended to read:
"Section 59-18-920. A charter school established pursuant to Chapter 40, Title 59 shall report the data requested by the Department of Education necessary to generate a report card and a rating. The performance of students attending charter schools sponsored by the South Carolina Public Charter School District or registered institution of higher education must be included in the overall performance ratings of each school in the South Carolina Public Charter School District. The performance of students attending a charter school authorized by a local school district must be reflected on a separate line on the school district's report card. An alternative school is included in the requirements of this chapter; however, the purpose of an alternative school must be taken into consideration in determining its performance rating. The Education Oversight Committee, working with the State Board of Education and the School to Work Advisory Council, shall develop a report card for career and technology schools."
SECTION 50. Article 1, Chapter 19, Title 59 of the 1976 Code is amended by adding:
"Section 59-19-55. Trustees and school officials shall comply with the provisions of Articles 1, 7, 11, and 13, Chapter 13, Title 8. For purposes of this section, 'school official' has the same meaning as in Section 59-19-720(5)."
SECTION 51. Article 7, Chapter 13, Title 18 of the 1976 Code is amended by adding:
"Section 8-13-810. (A) By July first of each year, the State Board of Education shall notify the State Ethics Commission of any local school board member who has not complied with the provisions of Section 59-19-45. Local school board members who fail to successfully complete the training program must be considered to be in violation of the State Ethics Act and must be assessed a civil penalty as follows:
(1)(a) a fine of one hundred dollars if the training is not completed as provided by law in this chapter; and
(b) after notice has been given by the State Board of Education by certified or registered mail that the training has not been completed, a fine of ten dollars per calendar day for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the training is not completed, not exceeding five thousand dollars; and
(2) after the maximum civil penalty has been levied and the required statement or report has not been filed, the person is:
(a) for a first offense, guilty of a misdemeanor triable in magistrates court and, upon conviction, must be fined not more than five hundred dollars;
(b) for a second offense, guilty of a misdemeanor triable in magistrates court and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five thousand dollars; and
(c) for a third or subsequent offense, guilty of a misdemeanor triable in magistrates court and, upon conviction, must be fined not more than five thousand dollars.
(B) In addition to existing remedies for breach of the ethical standards of this chapter or regulations promulgated hereunder, the State Ethics Commission may impose an oral or written warning or reprimand.
(C) Before a member's position with a local school district board may be terminated for a violation of the provisions of this chapter, notice and an opportunity for a hearing must be provided to the trustee."
SECTION 52. Section 1-3-240(A) of the 1976 Code is amended to read:
"(A) Any officer of the county or State, or a local school board member or trustee, except:
(1) an officer whose removal is provided for in Section 3 of Article XV of the State Constitution; (2) an officer guilty of the offense named in Section 8 of Article VI of the State Constitution; or
(3) pursuant to subsection (B) of this section, an officer of the State appointed by the Governor, either with or without the advice and consent of the Senate; who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity must be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. Before removing any such officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard."
SECTION 53. Section 59-19-45 of the 1976 Code is amended to read:
"Section 59-19-45. (A) Within one year of taking office, all persons elected, reelected, or appointed as members of a school district board of trustees after July 1, 1997, regardless of the date of their election, reelection, or appointment, shall complete successfully an orientation a training program in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, nepotism, conflict of interest, and community relations. This program must be offered by a district and completed by a board member within one year after his election, reelection, or appointment. This program also must be offered by a district and completed by a member serving on the effective date of this act within one year after the effective date of this act.
(B)(1) The orientation shall be approved by the State Board of Education and conducted by public or private entities approved by the State Board of Education such as the South Carolina School Boards Association. By December 31, 2019, the State Board of Education shall adopt a model training program for training local school board members on the provisions of this article and local polices adopted pursuant to it. The program must include initial and continuing training. The State Board of Education periodically may adopt revisions to the training program as it considers necessary.
(2)(a) A local school board shall adopt a local training program applicable to that board within three months after adoption of the model training program by the State Board of Education. A training program must include, at a minimum, the model training program. (b) If the State Board of Education adopts a revision to the training program, a local school board shall adopt and incorporate the revision into its local training program within three months of the adoption of the revision by the State Board of Education.
(c) A local school board only may adopt its local training program or any changes to that local training program at a regularly scheduled meeting.
(d) A local school board shall submit a copy of its local code of ethics and subsequent revisions to the State Department of Education within thirty days of adoption.
(C) The provisions of this section also apply to members of county boards of education appointed or elected after July 1, 1997, in the same manner the provisions of this section apply to members of school district boards of trustees.
(D) The provisions of this section do not apply to a school board trustee or county board of education member who was serving in such office on July 1, 1997, and who is continuously reelected or reappointed to office thereafter. In addition to meeting other requirements provided by law, a person serving on a school board shall:
(1) sign a statement asserting that he understands the applicable local code of ethics and policy on nepotism; and
(2) annually disclose compliance with the State Board of Education policy on training for local school boards, the applicable local code of ethics, the nepotism policy, and the conflict of interest provisions applicable to local school boards.
(ED) The State Department of Education shall reimburse a school district or county board of education conducting an orientation training for a new board member as required by this section at the rate of eighty dollars for a member, provided that the total reimbursements by the department in one fiscal year must not exceed ten thousand dollars. If the total projected cost of these reimbursements for a year as determined by the department exceeds ten thousand dollars, the eighty-dollar reimbursement for each new member must be reduced proportionately. If funds are not available for these reimbursements, the board member orientation training is not required but may be conducted at the option of a school district or county board of education. The State Board of Education shall establish guidelines and procedures for these reimbursements.
(FE) The State Department of Education must keep a record of the school board trustees who complete the orientation training program for a period of at least five years."
SECTION 54. Section 59-19-60 of the 1976 Code is amended to read:
"Section 59-19-60. (A) School district trustees shall be are subject to removal from office for cause by the county boards of education, upon notice and after being given an opportunity to be heard by the county board of education. Any such order of removal shall state the grounds thereof, the manner of notice and the hearing accorded the trustee, and any such trustee shall have the right to appeal to the court of common pleas, as provided in Section 59-19-560 pursuant to the provisions of Chapter 3, Title 1. Vacancies occurring in the membership of any board of trustees for any cause shall must be filled for the unexpired term by the county board of education local legislative delegation in the same manner as provided for full-term appointments.
(B) In addition to the bases for removal from office by the Governor provided in Chapter 3, Title 1, the Governor may remove a member of a school district board of trustees in a case involving:
(1) fraud;
(2) misappropriation of funds;
(3) nepotism;
(4) violation of election or procurement laws; or
(5) any combination of items (1) through (5).
(C) If the entire membership of a board of trustees is removed, five vacancies automatically are created, regardless of the prior number of seats held by the board of trustees. The Governor shall appoint members to fill three of the vacancies, the State Superintendent of Education shall appoint a member to fill one of the vacancies, and the local legislative delegation shall appoint a member to fill one of the vacancies within ninety days.
(D) If one or more members, but not the entire membership, of a board of trustees is removed, the Governor must fill the vacancies within ninety days.
(E) A person appointed pursuant to subsection (C) or (D) to fill a vacant seat on a board of trustees shall serve until the next general election is held for the seat and may run in that general election for the seat to which he was appointed.
(F) If only two members remain serving on a board of trustees, the members may take no action that requires a vote until a third member is appointed."
"Section 59-1-444. All reports, studies, published findings, memoranda, guidelines, rules, and other documents concerning implementation of programs and initiatives concerning student performance and achievement, school district and school accountability, curriculum revisions, the Education Finance Act, facility funding and construction, and other such matters as may be requested by Senate Education Committee or House Education and Public Works Committee must be posted by the department on its Internet website within twenty-four hours after being made public. The posting must be in a form and manner that is easily:
(1) locatable by the public through a prominent link on the homepage of the department's website; and
(2) accessible for viewing and downloading in a portable document format (PDF) by the public."
SECTION 56. Section 59-19-90(3) of the 1976 Code is amended to read:
"(3) Promulgate rules and regulations. Promulgate Adopt rules prescribing scholastic standards of achievement and standards of conduct and behavior that must be met by all pupils as a condition to the right of such the pupils to attend the public schools of such the district. The rules shall must take into account the necessity of proper conduct on the part of all pupils and the necessity for scholastic progress in order that the welfare of the greatest possible number of pupils shall must be promoted, notwithstanding that such the rules may result in the ineligibility of pupils who fail to observe the required standards, and require the suspension or permanent dismissal of such the pupils. A rule must align with applicable federal and state accountability requirements;"
SECTION 57. Article 15, Chapter 18, Title 59 of the 1976 Code is repealed.
SECTION 58. Section 59-59-30 of the 1976 Code is repealed.
SECTION 59. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 60. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. FELDER explained the amendment.
Rep. COLLINS spoke in favor of the amendment.
Rep. COBB-HUNTER raised the Point of Order that Rep. Collins was speaking on the Bill and not on the Amendment, which was out of order.
The SPEAKER stated that the Amendment before the Body is a Committee Amendment, that, if adopted, would become the Bill. The SPEAKER overruled the Point of Order.
Rep. COLLINS continued speaking.
Rep. ERICKSON spoke in favor of the amendment.
Rep. BRAWLEY spoke against the amendment.
Rep. BRAWLEY spoke against the amendment.
Rep. GOVAN spoke against the amendment.
Rep. WEST spoke in favor of the amendment.
Rep. WEST spoke in favor of the amendment.
The SPEAKER granted Rep. ANDERSON a leave of absence for the remainder of the day due to a prior commitment in his district.
Rep. BAMBERG spoke upon the amendment.
Rep. BAMBERG spoke upon the amendment.
Rep. ALLISON spoke in favor of the amendment.
Rep. HOSEY spoke against the amendment.
Rep. HILL spoke against the amendment.
Rep. HILL spoke against the amendment.
Rep. KING raised the Point of Order that H. 3759 was out of order under Rule 5.13 in that the fiscal impact statement was inadequate.
The SPEAKER stated that the Rule required a fiscal impact to be prepared for the Bill. But, the Rule did not allow the Point of Order challenging the adequacy of the fiscal impact. The SPEAKER overruled the Point of Order.
Rep. HILL continued speaking.
Rep. CLYBURN spoke upon the amendment.
Rep. S. WILLIAMS spoke upon the amendment.
The question then recurred to the adoption of the amendment.
Rep. HILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Brawley Cobb-Hunter Gilliard Hill Hosey Howard King Robinson Simmons
So, the amendment was adopted.
Rep. G. M. SMITH proposed the following Amendment No. 2 to H. 3759 (COUNCIL\WAB\3759C020.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, SECTION 3, as contained in PART II, Student Empowerment, by deleting the SECTION in its entirety and inserting:
/ SECTION 3. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-1510. This article must be known and may be cited as the 'Student Bill of Rights'. Section 59-63-1520. All students should be able to expect the following:
(1) a General Assembly and Governor who are responsive to ideas for improvement throughout the zero to workforce education system;
(2) a State Superintendent of Education and State Board of Education that engage students in designing policies and programs that improve educational outcomes for all children;
(3) a balanced education and curriculum tailored to students' individual needs, which prepares them to be college-ready, career-ready, and civic-ready for life beyond high school. To attain this education, students should:
(a) be afforded school districts that are financially stable and academically responsible to the educational needs of all students;
(b) be governed by school boards that are focused on serving the educational needs of students by acting ethically and hiring dedicated and qualified superintendents and other district staff;
(c) be led by superintendents who recruit and retain excellent principals and who ensure that school faculty and staff receive high quality professional development and support; and
(d) receive instruction and support from highly qualified teachers who strive to serve students with the highest professional integrity and always seek to improve their skills;
(4) to attend schools that are safe and well-maintained;
(5) to feel mentally, physically, and emotionally safe while in school;
(6) to understand rules and procedures in their school, and have the opportunity to address unfair treatment;
(7) to continue to have the option to attend charter schools, magnet schools, and schools for students with disabilities that participate in Exceptional SC that are outside of their zoned area and meet their individual needs and aspirations;
(8) to have parents or guardians who are involved with their student's education, ensure their child's consistent attendance at school, and work with educators to promote their success; and
(9) to attend school in an educational system that puts their success first.
Section 59-63-1530. The provisions of this article do not create or imply a private cause of action for a violation of its provisions." /
Amend the bill further, SECTION 33, as contained in Subpart I, Teacher Bill of Rights, PART V, Educator Development and Satisfaction, by deleting the SECTION in its entirety and inserting:
SECTION 33. Chapter 25, Title 59 of the 1976 Code is amended by adding:
Section 59-25-910. This act must be known and may be cited as the 'Teacher Bill of Rights'.
Section 59-25-920. All certified public school teachers in South Carolina should be able to expect the following:
(1) have their professional judgment and discretion included in regard to disciplinary actions or instructional decisions in the classroom made in accordance with school and district policy;
(2) teach free from fear of frivolous lawsuits;
(3) take appropriate disciplinary measures, pursuant to federal law, school policy and district policy, to facilitate a learning environment developed through a culture of respect between teacher and students;
(4) work in an environment that is conducive to learning;
(5) an unencumbered daily planning time that is coordinated with school administration;
(6) a recognition that the goal of the state should be a competitive salary commensurate with that of other professionals with similar years of experience, and educational degrees;
(7) have the state and district take all necessary steps to ensure that teachers are not burdened with unnecessary paperwork that prevents the fulfillment of the teacher's primary directive to implement effective instruction for their students;
(8) additional compensation or time for work time above and beyond contracted days; and
(9) receive, as teachers under induction contracts, leadership and support from school and district personnel, including the assignment of qualified mentors who:
(a) commit to helping them become competent and confident professionals in the classroom; and
(b) offer support and assistance as needed to meet performance standards and professional expectations.
Section 59-25-930. The provisions of this article do not create or imply a private cause of action for a violation of its provisions." /
Renumber sections to conform.
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Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. KING proposed the following Amendment No. 6 to H. 3759 (COUNCIL\WAB\3759C033.AGM.WAB19), which was tabled:
Amend the bill, as and if amended, PART VIII, Miscellaneous Provisions, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 59-63-780 of the 1976 Code is amended to read:
"Section 59-63-780. For purposes of the school lunch program, the school Superintendent and the lunchroom supervisor of the school which a pupil attends shall determine when a pupil is unable to pay for lunch. A pupil's inability to pay shall be determined according to income guidelines established by the appropriate authority. A determination as to the continuation of the school lunch program shall be based on the availability of federal funds Public schools shall provide all students a free lunch daily during the school year. All students must be offered the same meal options and beverage options regardless of ability to pay." /
Renumber sections to conform.
Amend title to conform.
Rep. KING explained the amendment.
Rep. FELDER spoke against the amendment.
Rep. HILL raised the Point of Order that Amendment No. 6 to H. 3759 was not germane. The
SPEAKER stated that the Bill and the Amendment dealt with public schools and operations. The SPEAKER overruled the Point of Order.
Rep. FELDER moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bales Ballentine Bannister Bennett Blackwell Bradley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins B. Cox W. Cox Crawford Daning Davis Elliott Erickson Felder Forrest Forrester Fry Gagnon Gilliam Hardee Herbkersman Hewitt Hill Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Ligon Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Atkinson Bamberg Bernstein Brawley Brown Clyburn Cobb-Hunter Dillard Funderburk Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Hosey Jefferson King Kirby Mack McDaniel McKnight Moore Norrell Ott Parks Pendarvis Ridgeway Rivers Robinson Rose Rutherford Simmons Thigpen Weeks Wheeler R. Williams S. Williams
So, the amendment was tabled.
Rep. KING proposed the following Amendment No. 7 to H. 3759 (COUNCIL\WAB\3759C031.AGM.WAB19), which was tabled:
Amend the bill, as and if amended, PART VIII, Miscellaneous Provisions, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Article 1, Chapter 19, Title 59 of the 1976 Code is amended by adding:
"Section 59-19-92. Public school board trustees may charge no matriculation or incidental fees to students as a condition to enrolling in or attending a public school in the district. The provisions of this section apply notwithstanding any other provision of law."
SECTION ___. Section 59-19-90(8) of the 1976 Code is amended to read:
"(8) Charge matriculation and incidental fees. Charge and collect matriculation and incidental fees from students; however, regulations or policies adopted by the board regarding charges and collections must take into account the students' ability to pay and must hold the fee to a minimum reasonable amount. Fees may not be charged to students eligible for free lunches and must be reduced pro rata for students eligible for reduced price lunches Reserved;" /
Renumber sections to conform.
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Rep. KING explained the amendment.
Rep. B. NEWTON spoke against the amendment.
Rep. B. NEWTON moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Allison Bailey Ballentine Bannister Bennett Blackwell Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins B. Cox W. Cox Daning Davis Elliott Erickson Felder Forrest Forrester Fry Gagnon Gilliam Hardee Herbkersman Hewitt Hill Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Atkinson Bales Bamberg Bernstein Bradley Brawley Brown Clyburn Cobb-Hunter Dillard Funderburk Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Hosey Jefferson King Kirby Mack McDaniel McKnight Moore Norrell Ott Parks Pendarvis Ridgeway Rivers Robinson Rose Simmons Thigpen Weeks Wheeler R. Williams S. Williams
So, the amendment was tabled.
Reps. BALLENTINE and HUGGINS proposed the following Amendment No. 8 to H. 3759 (COUNCIL\WAB\3759C039.AGM. WAB19), which was adopted:
Amend the bill, as and if amended, PART VIII, Miscellaneous Provisions, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 59-40-70(A)(3) of the 1976 Code is amended to read:
"(3) The applicant shall notify provide written notification by certified mail to all members of the local delegation of a county in which a proposed charter school is to be located upon submission of a charter school application and also shall provide a copy of the charter school application upon request by a member of the local delegation." /
Renumber sections to conform.
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Rep. BALLENTINE explained the amendment.
The amendment was then adopted.
Rep. BROWN proposed the following Amendment No. 9 to H. 3759 (COUNCIL\WAB\3759C004.AGM.WAB19), which was tabled:
Amend the bill, as and if amended, PART IV, Enhancements to Workforce Preparation, Subpart II, Statewide Assessment Program Revisions, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 1, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-130. Beginning with the 2019-2020 School Year, in low performing schools, kindergarten through third grade classes with more than fifteen students must have a teacher and a teacher's assistant." /
Renumber sections to conform.
Amend title to conform.
Rep. BROWN explained the amendment.
Rep. ALLISON spoke against the amendment.
Rep. KING spoke in favor of the amendment.
Rep. G. M. SMITH spoke against the amendment.
Rep. BRAWLEY spoke in favor of the amendment.
Rep. HART spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. THIGPEN spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. ALLISON spoke against the amendment.
Rep. ALLISON moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bennett Blackwell Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Collins B. Cox Crawford Daning Erickson Felder Finlay Forrest Forrester Fry Gagnon Gilliam Hardee Herbkersman Hewitt Hill Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Ligon Loftis Long Lucas Magnuson Martin McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Trantham West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Bales Bamberg Bernstein Bradley Brawley Brown Clyburn Cobb-Hunter Cogswell W. Cox Davis Dillard Elliott Funderburk Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson King Kirby Mace Mack McDaniel McKnight Moore Norrell Ott Parks Pendarvis Ridgeway Rivers Robinson Rose Rutherford Simmons Stavrinakis Thigpen Wheeler R. Williams S. Williams
So, the amendment was tabled.
Rep. KING proposed the following Amendment No. 10 to H. 3759 (COUNCIL\SD\3759C002.NL.SD19), which was tabled:
Amend the bill, as and if amended, page 3759-77, immediately after SECTION 56, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 59-29-55 of the 1976 Code is amended to read:
"Section 59-29-55. (A) The State Board of Education shall examine the current status of the teaching of South Carolina History. By the 1989-1990 school year, each Every school year, each public school of the State must instruct students in the history of the black African-American people as a regular part of its history and social studies courses. The State Board of Education shall establish regulations for the adoption of history and social studies textbooks which incorporate black African-American history and shall, through the State Department of Education, assist the school districts in developing and locating suitable printed materials and other aids for instruction in black African-American history. The State Board of Education shall examine curricular material for grades 1-6 to determine the level of emphasis on the relationship of agriculture and other industries to the South Carolina economy.
(B) As part of the required instruction in African-American history as required by subsection (A), the instruction in grades 3 through 12 must include a cultural sensitivity component educating students about how they should interact with and be respectful of the beliefs and practices of people of a different race or creed. /
Renumber sections to conform.
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Rep. KING explained the amendment.
Rep. KING spoke in favor of the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bennett Blackwell Bryant Burns Calhoon Chellis Chumley Clary Clemmons Cogswell Collins B. Cox Crawford Daning Elliott Erickson Felder Finlay Forrest Forrester Fry Gagnon Gilliam Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Ligon Loftis Long Lowe Lucas Magnuson Martin McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer West White Whitmire Wooten
Those who voted in the negative are:
Alexander Atkinson Bales Bamberg Bernstein Brawley Brown Caskey Clyburn Cobb-Hunter W. Cox Davis Dillard Funderburk Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson Kimmons King Kirby Mace Mack McDaniel McKnight Moore Norrell Ott Parks Pendarvis Ridgeway Robinson Rose Rutherford Simmons Stavrinakis Thigpen Trantham Wheeler R. Williams S. Williams Willis
So, the amendment was tabled.
Rep. FUNDERBURK proposed the following Amendment No. 11 to H. 3759 (COUNCIL\WAB\3759C038.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, Section 59-111-110(a)(3), as contained in PART V, Educator Development and Satisfaction, Subpart IV, Incentives, SECTION 40, page 3759-49, lines 1-6, by deleting the item in its entirety and inserting:
/ (3) full-time certified classroom teachers with at least five years of teaching service who are employed in schools that have an absolute rating of unsatisfactory for at least three of the previous four years. The teacher shall serve as a full-time classroom teacher for the duration of the time the child is in a state-supported college, university, or vocational or technical college. If a school improves to the level that it is no longer unsatisfactory, the award of the scholarship shall remain valid, but for no more than a total of four years. /
Renumber sections to conform.
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Rep. FUNDERBURK explained the amendment.
The amendment was then adopted.
Rep. FUNDERBURK proposed the following Amendment No. 12 to H. 3759 (COUNCIL\WAB\3759C036.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, Section 59-155-160(a), PART IV, Enhancements to Workforce Preparation, Subpart iv, Read to Succeed Initiative, as contained in SECTION 19, page 3759-17, line 37, by adding / districts are encouraged to develop policies for intensive support and retention of students in kindergarten through grade two if it is determined to be in the student's best interest. / after / for the next grade level /
Renumber sections to conform.
Amend title to conform.
Rep. FUNDERBURK explained the amendment.
The amendment was then adopted.
Reps. GOVAN, BROWN, McDANIEL, BRAWLEY, PENDARVIS, CLYBURN, GARVIN, GILLIARD, HOSEY, HOWARD, R. WILLIAMS, S. WILLIAMS, MOORE, HENEGAN, JEFFERSON, RIVERS, HENDERSON-MYERS, ANDERSON, and ROBINSON proposed the following Amendment No. 13 to H. 3759 (COUNCIL\WAB\3759C032.AGM.WAB19), which was tabled:
Amend the bill, as and if amended, PART VIII, Miscellaneous Provisions, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-300. The General Assembly shall provide for the maintenance and support of a system of free public schools open to all children in the State so as to provide a high-quality education allowing each student to reach his or her highest potential, and shall establish, organize, and support such other public institutions of learning as may be desirable." /
Renumber sections to conform.
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Rep. GOVAN explained the amendment.
Rep. COLLINS spoke against the amendment.
Rep. COLLINS moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bales Ballentine Bannister Bennett Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins B. Cox Davis Elliott Erickson Felder Finlay Forrest Forrester Fry Gagnon Gilliam Hardee Herbkersman Hewitt Hill Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Ligon Loftis Long Lucas Mace Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Trantham West White Whitmire Willis Wooten
Those who voted in the negative are:
Atkinson Bernstein Brawley Clyburn Cobb-Hunter W. Cox Dillard Funderburk Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson King Kirby Mack McDaniel Moore Norrell Ott Parks Pendarvis Ridgeway Robinson Rose Rutherford Simmons Stavrinakis R. Williams S. Williams
So, the amendment was tabled.
Reps. GOVAN, BROWN, McDANIEL, BRAWLEY, PENDARVIS, CLYBURN, GARVIN, GILLIARD, HOSEY, HOWARD, R. WILLIAMS, S. WILLIAMS, MOORE, HENEGAN, JEFFERSON, RIVERS, HENDERSON-MYERS, ANDERSON, and ROBINSON proposed the following Amendment No. 14 to H. 3759 (COUNCIL\WAB\3759C026.AGM.WAB19), which was tabled:
Amend the bill, as and if amended, PART VIII, Miscellaneous Provisions, by adding an appropriately numbered SECTION to read:
/ SECTION ___. (A) There is created the "Early Childhood Development and Academic Assistance Act of 1993 Review Study Committee" to review the efficacy of Act 135 of 1993, and to make recommendations to the General Assembly concerning proposed changes to the laws implemented in and relating to Act 135 of 1993, including maintaining application of these provisions to at-risk school districts and schools while giving increased flexibility to other school districts.
(B) The study committee is composed of three members of the Senate appointed by the Senate Education Committee Chairman, three members of the House of Representatives appointed by the House of Representatives Education and Public Works Committee Chairman, one member appointed by the State Superintendent of Education, and the Director of the First Steps to School Readiness. A vacancy in the study committee's membership must be filled for the remainder of the unexpired term in the manner of original appointment.
(C) The Chairmen of the Senate Education Committee and House of Representatives Education and Public Works Committee shall provide appropriate staffing for the study committee.
(D) The study committee shall make a report of its recommendations to the General Assembly by December 31, 2019, at which time the study committee is dissolved. /
Renumber sections to conform.
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Rep. GOVAN explained the amendment.
Rep. B. NEWTON spoke against the amendment.
Rep. B. NEWTON moved to table the amendment.
Rep. R. WILLIAMS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bales Ballentine Bannister Bennett Blackwell Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins B. Cox Crawford Daning Davis Elliott Erickson Felder Finlay Forrest Forrester Fry Gagnon Gilliam Hardee Hewitt Hill Hiott Hixon Huggins Hyde Johnson Kimmons Ligon Loftis Long Lucas Mace Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Bamberg Bernstein Brawley Brown Clyburn Cobb-Hunter W. Cox Dillard Funderburk Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson King Kirby Mack McDaniel McKnight Moore Norrell Ott Parks Pendarvis Ridgeway Robinson Rose Rutherford Simmons Wheeler R. Williams S. Williams
So, the amendment was tabled.
Reps. GOVAN, BROWN, McDANIEL, BRAWLEY, PENDARVIS, CLYBURN, GARVIN, GILLIARD, HOSEY, HOWARD, R. WILLIAMS, S. WILLIAMS, MOORE, HENEGAN, JEFFERSON, RIVERS, HENDERSON-MYERS, ANDERSON, and ROBINSON proposed the following Amendment No. 16 to H. 3759 (COUNCIL\WAB\3759C021.AGM.WAB19), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end of PART V, Subpart IV, page 49, to read:
/ SECTION ___. Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-60. (A) Each classroom teacher and full-time librarian is entitled to at least a thirty-minute daily planning period free from the instruction and supervision of students. Each school district may set flexible or rotating schedules for each classroom teacher or full-time librarian in the district for the implementation of this duty-free planning period. Implementation of this section may not result in a lengthened school day." /
Renumber sections to conform.
Amend title to conform.
Rep. GOVAN explained the amendment.
Rep. FELDER spoke against the amendment.
Rep. TAYLOR spoke against the amendment.
Rep. R. WILLIAMS spoke in favor of the amendment.
Rep. NORRELL spoke in favor of the amendment.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. CLARY moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bennett Blackwell Bradley Bryant Burns Calhoon Caskey Chumley Clary Clemmons Cogswell Collins B. Cox W. Cox Daning Davis Elliott Erickson Felder Finlay Forrest Forrester Fry Gagnon Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Ligon Loftis Long Lowe Lucas Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Atkinson Bales Bernstein Brawley Brown Chellis Clyburn Cobb-Hunter Crawford Dillard Funderburk Garvin Gilliam Gilliard Govan Hayes Henderson-Myers Henegan Hosey Howard Jefferson Kimmons King Kirby Mace Mack McDaniel Moore Norrell Ott Parks Pendarvis Ridgeway Rivers Robinson Rose Simmons Stavrinakis Thigpen Trantham R. Williams S. Williams
So, the amendment was tabled.
Reps. GOVAN, BROWN, McDANIEL, BRAWLEY, PENDARVIS, CLYBURN, GARVIN, GILLIARD, HOSEY, HOWARD, R. WILLIAMS, S. WILLIAMS, MOORE, HENEGAN, JEFFERSON, RIVERS, HENDERSON-MYERS, ANDERSON, and ROBINSON proposed the following Amendment No. 17 to H. 3759 (COUNCIL\WAB\3759C022.AGM.WAB19), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 5 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. GOVAN explained the amendment.
Rep. ALLISON moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Bryant Burns Calhoon Chellis Chumley Clary Clemmons Cogswell Collins B. Cox W. Cox Crawford Daning Davis Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliam Hardee Hayes Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Kirby Ligon Loftis Lowe Lucas Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Trantham West Whitmire Willis Wooten
Bamberg Brawley Brown Cobb-Hunter Dillard Elliott Garvin Gilliard Govan Hart Henderson-Myers Henegan Hosey Howard Jefferson King Long Mace Mack Magnuson McDaniel McKnight Moore Norrell Ott Parks Pendarvis Ridgeway Robinson Rose Rutherford Simmons Thigpen Wheeler White R. Williams S. Williams
So, the amendment was tabled.
Reps. MOORE and OTT proposed the following Amendment No. 23 to H. 3759 (COUNCIL\WAB\3759C040.AGM.WAB19), which was tabled:
Amend the bill, as and if amended, Section 1-12-110(C), as contained in PART III, Creation of Zero to Twenty Committee, SECTION 5, by deleting the subsection in its entirety and inserting:
/ (C) Appointed members must have a background in early childhood education, K - 12 education, higher education, business, workforce development, or economic development. Provided that three members must be a current or retired highly - effective teacher with one of those teachers appointed from the member allotment, provided herein, for the House of Representatives, one from the member allotment, provided herein, for the Senate, and one from the member allotment, provided herein, for the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. MOORE spoke in favor of the amendment.
Rep. CLARY moved to table the amendment.
Rep. MOORE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bales Ballentine Bannister Bennett Bradley Bryant Burns Calhoon Caskey Chumley Clary Clemmons Collins B. Cox W. Cox Daning Elliott Felder Finlay Forrest Forrester Fry Gagnon Gilliam Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Loftis Lowe Lucas Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer West White Whitmire S. Williams Willis Wooten
Those who voted in the negative are:
Atkinson Bamberg Blackwell Brawley Brown Chellis Clyburn Cobb-Hunter Cogswell Davis Dillard Funderburk Garvin Gilliard Govan Hart Hayes Henderson-Myers Hosey Jefferson Kimmons King Kirby Ligon Mace Mack Magnuson McDaniel McKnight Moore Norrell Ott Parks Pendarvis Ridgeway Robinson Rose Rutherford Simmons Stavrinakis Trantham Wheeler R. Williams
So, the amendment was tabled.
Rep. SIMMONS proposed the following Amendment No. 24 to H. 3759 (COUNCIL\WAB\3759C048.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/ SECTION 1. This act must be known and may be cited as the "South Carolina Education, Career Opportunity, and Access for All Act". /
Renumber sections to conform.
Amend title to conform.
Rep. SIMMONS explained the amendment.
Reps. BRAWLEY, KING and SIMMONS proposed the following Amendment No. 27 to H. 3759 (COUNCIL\WAB\3759C009.AGM. WAB19), which was tabled:
Amend the bill, as and if amended, Section 59-155-155(A)(1), as contained in SECTION 13, by deleting the item in its entirety and inserting:
/ (1) The State Board of Education shall approve no more than five reliable and valid early literacy and numeracy screening assessment instruments for selection and use by school districts in kindergarten through third grade. Schools shall tailor individual instruction to address each student's particular deficiencies, if any, as identified by these literacy and numeracy screening assessments. /
Renumber sections to conform.
Amend title to conform.
Rep. BRAWLEY explained the amendment.
Rep. CLARY moved to table the amendment. Rep. BRAWLEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bennett Blackwell Bradley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins B. Cox W. Cox Crawford Daning Davis Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Ligon Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Trantham White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Atkinson Bales Bamberg Brawley Brown Clyburn Cobb-Hunter Dillard Garvin Gilliam Gilliard Govan Hart Hayes Henderson-Myers Hosey Howard Jefferson King Kirby Mack McDaniel McKnight Moore Parks Pendarvis Ridgeway Robinson Rose Rutherford Simmons Wheeler R. Williams S. Williams
So, the amendment was tabled.
Reps. BRAWLEY, KING and SIMMONS proposed the following Amendment No. 28 to H. 3759 (COUNCIL\WAB\3759C010.AGM. WAB19), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 17 in its entirety and inserting:
/ SECTION 17. Section 59-155-140(B)(2)(a) is amended to read:
"(a) document the reading and writing assessment and instruction planned for all PK-12 students and the interventions in prekindergarten through twelfth grade to be provided to all struggling readers who are not able to comprehend grade-level texts. Supplemental instruction shall must be provided by teachers who have a literacy teacher add-on endorsement and offered during the school day and, as appropriate, before or after school in book clubs, through a summer reading camp, or both. The district must continue to provide appropriate in-class intervention and at least thirty minutes of supplemental intervention by certified teachers who have a literacy add-on endorsement until all pre-kindergarten through twelfth grade students can comprehend and write text at grade level, if funds are provided by the State;" /
Renumber sections to conform.
Amend title to conform.
Rep. BRAWLEY explained the amendment.
Rep. COLLINS moved to table the amendment.
Rep. BRAWLEY demanded the yeas and nays which were taken, resulting as follows:
Allison Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins B. Cox W. Cox Crawford Daning Davis Elliott Felder Finlay Forrest Forrester Fry Gagnon Gilliam Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Ligon Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Atkinson Bales Bamberg Brawley Brown Clyburn Cobb-Hunter Dillard Funderburk Garvin Gilliard Govan Hart Hayes Henderson-Myers Hosey Jefferson King Kirby Mack McDaniel McKnight Moore Norrell Ott Parks Pendarvis Ridgeway Robinson Rose Rutherford Simmons Wheeler R. Williams
So, the amendment was tabled.
Reps. HENDERSON-MYERS, ATKINSON, BERNSTEIN, BRAWLEY, GILLIARD, HART, HAYES, HENEGAN, JEFFERSON, KING, OTT, PENDARVIS, RIVERS, ROSE, THIGPEN, R. WILLIAMS and S. WILLIAMS proposed the following Amendment No. 29 to H. 3759 (COUNCIL\WAB\3759C059.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, PART VIII, Miscellaneous Provisions, by adding and appropriately numbered SECTION to read:
/ SECTION ___. Chapter 17, Title 59 of the 1976 Code is amended by adding:
"Section 59-17-170. By August 1, 2021, the State Department of Education shall develop a technology plan that addresses wireless Internet access for all public schools and must provide a report to the Speaker of the House of Representatives and the President of the Senate." /
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS explained the amendment.
The amendment was then adopted.
Rep. OTT proposed the following Amendment No. 30 to H. 3759 (COUNCIL\WAB\3759C047.AGM.WAB19), which was tabled:
Amend the bill, as and if amended, Section 59-18-1620(A), as contained in PART VI, Help for Students in Underperforming Schools, SECTION 45, by deleting the subsection in its entirety and inserting:
/ (A) When a school receives an overall rating of unsatisfactory for three out of four years, the school is considered to be 'chronically underperforming' and one of the following must occur:
(1) the school will be reconstituted immediately after the end of the school year in which the annual report is published; and:
(a) the State Superintendent shall make all personnel decisions for the reconstituted school and shall have the authority to determine whether to terminate the principal, faculty, and staff; (b) the State Superintendent of Education shall hire the new principal and staff for the reconstituted school if necessary; and
(c) the department shall contract with a public or nonprofit entity that has a proven record of success in working with underperforming schools and districts or reconstitute the school under the Transformation District. Should the department choose to contract with a public or nonprofit entity, the entity shall use research-based strategies to assist schools with their operations and oversee the administration of the school until the overall rating of the school improves; provided, if the overall rating does not improve within three years then the school must be must be governed by the South Carolina Transformation School District, and all state, local and federal funds generated by the students must follow the students to the South Carolina Transformation School District; or
(2) the school must be closed and its students must be transferred to higher-performing schools in the district./
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Rep. OTT explained the amendment.
Rep. CLARY moved to table the amendment.
Rep. R. WILLIAMS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bennett Blackwell Bradley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins B. Cox W. Cox Daning Davis Elliott Erickson Felder Finlay Forrest Forrester Fry Gagnon Gilliam Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Ligon Loftis Long Lowe Lucas Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Atkinson Bales Bamberg Bernstein Brawley Brown Clyburn Cobb-Hunter Dillard Funderburk Garvin Gilliard Govan Hayes Henderson-Myers Henegan Hosey Howard Jefferson King Kirby Mace Mack McDaniel McKnight Moore Norrell Ott Parks Pendarvis Ridgeway Rivers Robinson Rose Rutherford Simmons Trantham Wheeler R. Williams S. Williams
So, the amendment was tabled.
Rep. G. M. SMITH moved to reconsider the vote whereby the following amendment was tabled, which was agreed to:
Reps. GOVAN, BROWN, McDANIEL, BRAWLEY, PENDARVIS, CLYBURN, GARVIN, GILLIARD, HOSEY, HOWARD, R. WILLIAMS, S. WILLIAMS, MOORE, HENEGAN, JEFFERSON, RIVERS, HENDERSON-MYERS, ANDERSON and ROBINSON proposed the following Amendment No. 16 to H. 3759 (COUNCIL\WAB\3759C021.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end of PART V, Subpart IV, page 49, to read:
/ SECTION ___. Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-60. (A) Each classroom teacher and full-time librarian is entitled to at least a thirty-minute daily planning period free from the instruction and supervision of students. Each school district may set flexible or rotating schedules for each classroom teacher or full-time librarian in the district for the implementation of this duty-free planning period. Implementation of this section may not result in a lengthened school day." /
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Rep. ALLISON spoke in favor of the amendment.
The amendment was then adopted.
Rep. MAGNUSON proposed the following Amendment No. 33 to H. 3759 (COUNCIL\SD\3759C006.NL.SD19), which was adopted:
Amend the bill, as and if amended, page 3759-77, immediately after SECTION 58, by adding an appropriately numbered SECTION to read:
/ SECTION __. (A) The purpose of this section is to maximize the effectiveness of every dollar spent on public education in South Carolina. For this purpose, the General Assembly needs to assess overhead demands in terms of costs placed on the State, school districts, and local schools by accepting federal grants and implementing federal education programs. Once known, the General Assembly then should consider if the cost of compliance exceeds the value of the funding in consideration of federally imposed control and regulation. The General Assembly believes that State funded education programming offers the best opportunity to streamline compliance and return control of education policy to the State and local level.
(B) The Legislative Audit Council shall study and on or before August 1, 2020, publish a report identifying and detailing federal funding streams for programs and grants in elementary and secondary education in this State in total and breaking out the cost of overhead, compliance, and reporting incurred by the State Department of Education, school districts, and local schools. Methods, assumptions, limitations, and procedures used in the study must be published as part of the final report.
(C) the council's study shall focus on:
(1) Title I, Title II, and Title IV as related to the Elementary and Secondary Education Act of 1965 (ESEA), and as reauthorized by the No Child Left Behind Act of 2001 (NCLB), and Every Student Succeeds Act of 2017 (ESSA);
(2) Individuals with Disabilities Education Act of 2004 (IDEA);
(3) Head Start and Early Childhood Education; and
(4) teacher quality improvement programs.
(D) The study and report must include, but is not limited to, the following considerations:
(1) grant and program application costs as a cost of compliance;
(2) grant and program application policy requirements imposed on the State should be included as information, as well as the fiscal impact associated with the requirements;
(3) expenditures should be annualized and projected for the life of the grant and program and ten years after the grant or program expire or after federal funding is discontinued;
(4) the process to evaluate program and grant cost of compliance shall include analysis of applicable federal regulations, as well as interviews with at least ten local school districts of varying size and two schools per district selected;
(5) both allowable and unallowable expenditures incurred from the programs and grants must be included in the cost of compliance;
(6) expenditures incurred requiring the use of state or local funds must be included in the cost of compliance; and
(7) 'Maintenance of Effort' and 'Supplement, Not Supplant' requirements must be included in cost of compliance as a category of 'minimum state and local spending required to receive grant'. /
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Rep. MAGNUSON explained the amendment.
Rep. SIMMONS moved to table the amendment. Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bales Bamberg Bernstein Brawley Clyburn Cogswell Collins W. Cox Dillard Garvin Gilliard Govan Hardee Henderson-Myers Hosey Howard Jefferson King Mack McKnight Moore Parks Pendarvis Ridgeway Rivers Robinson Rose Rutherford Simmons Stavrinakis Wheeler R. Williams S. Williams
Those who voted in the negative are:
Allison Atkinson Bailey Ballentine Bannister Bennett Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons B. Cox Crawford Daning Davis Elliott Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliam Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis Morgan D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Trantham West White Whitmire Willis Wooten
So, the House refused to table the amendment.
Rep. HART raised the Point of Order that Amendment No. 33 to H. 3759 was not germane.
The SPEAKER stated that the Bill and Amendment dealt with public schools and operations. The SPEAKER overruled the Point of Order.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. BRAWLEY, KING and SIMMONS proposed the following Amendment No. 34 to H. 3759 (COUNCIL\WAB\3759C016.AGM. WAB19), which was tabled:
Amend the bill, as and if amended, Section 59-18-1640(C), as contained in SECTION 45, by deleting the subsection in its entirety and inserting:
/ (C) If a district is identified as being in a state of emergency for four consecutive school years, the State Board of Education shall close and restart the schools in the district under the management of an existing public charter school or the South Carolina Transformation School District. /
Renumber sections to conform.
Amend title to conform.
Rep. BRAWLEY explained the amendment.
Rep. TAYLOR moved to table the amendment. Rep. BRAWLEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins B. Cox W. Cox Crawford Daning Davis Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliam Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Ligon Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Pope Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Atkinson Bales Bamberg Brawley Brown Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson King Kirby Mack McKnight Moore Ott Parks Pendarvis Ridgeway Rivers Robinson Simmons Thigpen Wheeler R. Williams S. Williams
So, the amendment was tabled.
Rep. KING proposed the following Amendment No. 39 to H. 3759 (COUNCIL\SD\3759C008.NL.SD19), which was tabled:
Amend the bill, as and if amended, PART VIII, Miscellaneous Provisions, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Article 1, Chapter 19, Title 59 of the 1976 Code is amended by adding:
"Section 59-19-92. Public school board trustees may charge no matriculation or incidental fees to students as a condition to enrolling in or attending a public school in the district, excluding charges for field trips and extracurricular activities. The provisions of this section apply notwithstanding another provision of law."
SECTION ___. Section 59-19-90(8) of the 1976 Code is amended to read:
"(8) Charge matriculation and incidental fees. Charge and collect matriculation and incidental fees from students; however, regulations or policies adopted by the board regarding charges and collections must take into account the students' ability to pay and must hold the fee to a minimum reasonable amount. Fees may not be charged to students eligible for free lunches and must be reduced pro rata for students eligible for reduced price lunches Reserved;" /
Renumber sections to conform.
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Rep. KING explained the amendment.
Rep. FRY moved to table the amendment. Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bennett Blackwell Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins B. Cox W. Cox Crawford Daning Davis Elliott Erickson Felder Finlay Forrest Forrester Fry Gagnon Gilliam Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Ligon Loftis Long Lucas Mace Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Trantham West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Atkinson Bales Bernstein Bradley Brawley Brown Clyburn Cobb-Hunter Dillard Funderburk Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson King Kirby Mack McDaniel McKnight Moore B. Newton Norrell Ott Parks Pendarvis Ridgeway Rivers Robinson Rose Rutherford Simmons Thigpen Wheeler R. Williams S. Williams
So, the amendment was tabled.
Reps. BROWN and CLYBURN proposed the following Amendment No. 40 to H. 3759 (COUNCIL\WAB\3759C058.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, PART IV, Enhancements to Workforce Preparation, Subpart II, Statewide Assessment Program Revisions, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 1, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-130. (A) The Superintendent of Education shall utilize lower child to teacher ratios as a strategy to assist chronically unsatisfactory schools.
(B) School districts shall draw from existing funding to bear the expense of meeting and maintaining lower ratios. Districts that can demonstrate an inability to fully bear this expense due to financial hardship may seek a waiver from the obligation to bear the full burden of this expense from the State Department of education." /
Renumber sections to conform.
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Rep. BROWN explained the amendment.
The amendment was then adopted.
Reps. McKNIGHT and LUCAS proposed the following Amendment No. 41 to H. 3759 (COUNCIL\SA\3759C003.RT.SA19), which was adopted:
Amend the bill, as and if amended, Subpart IV, "Incentives", PART V, "Educator Development and Satisfaction", by adding an appropriately numbered SECTION at the end to read:
/ SECTION ___.A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3800. (A) A qualified taxpayer in a qualified county is allowed a refundable income tax credit equal to one hundred percent of the property taxes paid by the taxpayer on his legal residence and not more than one acre contiguous thereto that he owns, which qualifies for the four percent assessment ratio pursuant to Section 12-43-220(c). The credit allowed by this section only may be claimed for five consecutive years. To claim the credit allowed by this section, the taxpayer's legal residence for which he is receiving the credit allowed by this section must be located in a qualifying county. For purposes of this section, a qualified taxpayer means an employee who is employed in a qualifying county as a teacher in a K-12 public school. For purposes of this section, a qualifying county is a county designated as a Tier IV county, pursuant to Section 12-6-3360, in the previous tax year; however, once a taxpayer is allowed the credit pursuant to this section, the taxpayer may continue to claim the credit regardless of a county's designation, so long as the county of employment and the county of residency remains the same as the year the taxpayer was initially allowed the credit.
(B) A taxpayer shall claim the credit in the year in which the property taxes are paid.
(C) The department shall prescribe the form and manner of proof required to obtain the credit. The department may consult with county tax officials to determine the amount of the credit."
B. This SECTION takes effect upon approval by the Governor and applies to tax years beginning after 2019. /
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Rep. MCKNIGHT explained the amendment.
The amendment was then adopted.
Rep. ALLISON proposed the following Amendment No. 42 to H. 3759 (COUNCIL\WAB\3759C024.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, Section 59-20-50(4)(b), as contained in SECTION 39, Subpart IV, Incentives, PART V, Educator Development and Satisfaction, by deleting item (b) in its entirety and inserting:
/ (b) The state minimum salary schedule must be based on the state minimum salary schedule index in effect as of July 1, 1984. In Fiscal Year 1985, the 1.000 figure in the index is $14,172 Beginning with Fiscal Year 2019-2020, minimum teacher salary is thirty-five thousand dollars. Salary increases must be based on funding provided by the General Assembly in the annual appropriations act and provided through adjustments in the salary schedule to educators identified by the State Department of Education as eligible to receive the Education Improvement Act teacher salary supplement during Fiscal Year 2018-2019 as reported to the Revenue and Fiscal Affairs Office. (This figure is based on a 10.27% increase pursuant to the South Carolina Education Improvement Act of 1984.) Beginning with Fiscal Year 1986, the 1.000 figure in the index must be adjusted on a schedule to stay at the southeastern average as projected by the Office of Research and Statistic of the Revenue and Fiscal Affairs Office and provided to the General Assembly during their deliberations on the annual appropriations bill. The southeastern average teacher salary is the average of the average teachers' salaries of the southeastern states. In projecting the southeastern average, the office shall include in the South Carolina base teacher salary all local teacher supplements and all incentive pay. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their prior fiscal level. In Fiscal Year 1986 and thereafter teacher pay raises through adjustments in the state's minimum salary schedule may be provided only to teachers who demonstrate minimum knowledge proficiency by meeting one of the following criteria:
(1) holding a valid professional certificate;
(2) having a score of 425 or greater on the Commons Examination of the National Teachers Examinations;
(3) meeting the minimum qualifying score on the appropriate area teaching examination; or
(4) meeting the minimum standards on the basic skills examinations as prescribed by the State Board of Education provided in Section 59-26-20 The General Assembly shall establish the starting teacher salary each year in the annual appropriations act. The salary schedule and Education Finance Act inflation factor may be determined in the annual General Appropriations Act." /
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Rep. ALLISON explained the amendment.
The amendment was then adopted.
Rep. ALLISON proposed the following Amendment No. 43 to H. 3759 (COUNCIL\WAB\3759C034.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, PART III, creation of zero to twenty committee, by deleting PART III in its entirety and inserting:
SECTION 5. Title 1 of the 1976 Code is amended by adding:
Section 1-12-110. (A) There is established within the Office of the Governor the 'Special Council on Revitalizing Education' which is created to:
(1) monitor the state education and workforce pipeline to continually determine the education and training levels required by the State's employers;
(2) identify and recommend improvements regarding efficiency and cooperation of agencies and programs throughout the education and workforce pipeline; and
(3) report findings and recommendations to the Governor and General Assembly on a continuous basis.
(B)(1) The council shall consist of ten members. The Governor shall serve as chairman of the council. The Governor may delegate the position and duties of chairman of the council to the Lieutenant Governor. The other members must be appointed as follows:
(a) three members appointed by the Governor;
(b) one member appointed by the Speaker of the House;
(c) one member appointed by the Chairman of the House Ways and Means Committee;
(d) one member appointed by the Chairman of the House Education and Public Works Committee;
(e) one member appointed by the President of the Senate;
(f) one member appointed by the Chairman of the Senate Finance Committee; and
(g) one member appointed by the Chairman of the Senate Education Committee.
(2) Council members may not concurrently serve as a member of the General Assembly. (C) Appointed members must have a background in early childhood education, K-12 education, higher education, business, workforce development, or economic development. Provided that two members must be a current or retired highly-effective teacher with one of those teachers appointed from the member allotment, provided herein, for the House of Representatives and one from the member allotment, provided herein, for the Senate.
(D) A member of the council shall serve for a term of five years and until their successors are appointed and qualified.
(E) A vacancy must be filled in the manner of the original appointment for the unexpired term.
(F) The Governor shall hire an executive director. The executive director must possess a background in at least one of the following: early childhood education, K-12 education, higher education, business, workforce development, or economic development. The Governor shall appropriate staff to fulfill the requirements of this section. This section takes effect upon the appropriation of funding for the positions by the General Assembly.
(G) A member of the council may serve no more than two consecutive terms. A member having served two consecutive terms may be eligible for reappointment one year after the expiration of his second term.
(H) The council may elect other officers from among its members as necessary.
(I) A quorum for transacting business shall consist of a majority of the membership as constituted at the time of a meeting.
(J) A vacancy on the council does not impair the right of the remaining members to exercise all the powers of the council.
(K) A member of the council is entitled to such per diem, mileage, and subsistence as is provided by law for boards, commissions, and committees.
(L) Initial appointments must be made by August 1, 2020, at which time the Governor or his designee shall call the first meeting.
Section 1-12-120. Before October 1, 2021, the council shall establish a series of benchmarks that must include, but are not limited to the following:
(1) access to quality early learning, as determined by the council, including the number of three and four-year old children in quality early-learning settings;
(2) third grade reading proficiency, including the percentage of third grade students who score 'Meets' or 'Exceeds Expectations' on the SC Ready assessment, or its successor; (3) eighth grade mathematics, including the percentage of eighth grade students who score 'Meets' or 'Exceeds Expectations' on the SC Ready assessment, or its successor;
(4) high school graduation rates, including the percentages of students who graduated in four and five years;
(5) youth nonparticipation, including the percentage of South Carolina residents between sixteen and eighteen years of age who are not going to school on the secondary level or in adult education, not in the military, or not otherwise working;
(6) post-high school enrollment, including the percentage of South Carolina high school graduates who are in postsecondary education the semester after graduation from high school or are gainfully employed; and
(7) post-high school education attainment, including the percentage of South Carolina residents ages twenty-two through sixty-five who have completed a two-or four-year degree, or have received a nationally recognized certification as determined by the Department of Commerce.
Section 1-12-130. With assistance and consultation from the Department of Administration, the council shall create a publicly accessible website that reports the information required in Section 1-12-120. The council shall add language explaining the benchmarks and annually shall update the website to show the progress of the State toward meeting each goal.
Section 1-12-140. Beginning in 2021, the council annually, before December first, shall provide a comprehensive report to the Governor and General Assembly that specifically identifies areas within the education and workforce pipeline where state agencies and other publically funded entities are failing to meet the benchmarks identified in this section. The council shall provide recommendations regarding ways that state and local efforts can be improved, ways that collaboration and cooperation among state and local agencies and resources can be increased, and efforts underway or being considered in other states that address the noted areas of concern. The council also shall recommend legislation it considers necessary." /
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Rep. FELDER explained the amendment.
The amendment was then adopted.
Rep. ALLISON explained the Bill.
Rep. HART spoke in favor of the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Brawley Cobb-Hunter Hill King
So, the Bill, as amended, was read the second time and ordered to third reading.
I had stepped out of the Chamber on the vote for H 3759 and I would have voted in favor of the Bill.
Rep. Chip Huggins
On Wednesday, March 6, 2019, I had to leave the House Session due to a medical emergency with myself. After seeing the nurse and the doctor for some two hours, it was recommended that I go home.
House Bill 3759 was considered and I fully support this legislation. If I had been here, I would have voted in suport of House Bill 3759.
Rep. Ronald "Ronnie" Young
Rep. STAVRINAKIS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following: H. 4041 (Word version) -- Reps. Ligon, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND SENATE FOR ITS ANNUAL STATE HOUSE MEETING ON FRIDAY, JUNE 14, 2019, HOWEVER, THE CHAMBERS MAY NOT BE USED IF THE GENERAL ASSEMBLY IS IN SESSION OR THE CHAMBERS ARE OTHERWISE UNAVAILABLE. H. 4144 (Word version) -- Reps. Allison, Alexander, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE SOUTH CAROLINA'S 2019 DISTRICT TEACHERS OF THE YEAR UPON BEING SELECTED TO REPRESENT THEIR RESPECTIVE SCHOOL DISTRICTS, TO EXPRESS APPRECIATION FOR THEIR DEDICATED SERVICE TO CHILDREN, AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
H. 4146 (Word version) -- Reps. Wheeler, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR GOOD SAMARITANS FOR ALL PEOPLE INC. ON THE OCCASION OF THE ORGANIZATION'S TWENTY-FIFTH ANNIVERSARY, TO COMMEND ITS FINE STAFF AND VOLUNTEERS ON AN IMPRESSIVE MINISTRY IN THIS GREAT STATE, AND TO EXTEND BEST WISHES FOR GOD'S RICHEST BLESSINGS AS THEY CONTINUE TO SERVE THE LORD.
At 8:12 p.m. the House, in accordance with the motion of Rep. ERICKSON, adjourned in memory of former Lieutenant Governor William Brantley Harvey, Jr., to meet at 10:00 a.m. tomorrow.
This web page was last updated on Thursday, March 7, 2019 at 11:08 A.M.