Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 2, 2023

H. 4280

Introduced by Reps. Erickson, McDaniel, Bradley, McGinnis, Gilliam, Wetmore, Elliott, B. J. Cox, Stavrinakis, Hartnett and Garvin

 

S. Printed 05/02/23--H.

Read the first time April 05, 2023

 

________

 

The committee on House Education and Public Works

To who was referred a Bill (H. 4280) to amend the South Carolina Code of Laws by enacting the "Educator Assistance Act"; by adding Section 59-25-112 so as to provide professional certificates issued, etc., respectfully

Report:

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

 

    Amend the bill, as and if amended, SECTION 5, by striking Section 59-25-530 and inserting:

    Section 59-25-530. Any teacher who fails to comply with the provisions of his contract without the written consent of the school board shall be or as provided in Section 59-25-420 is deemed guilty of unprofessional conduct.  A breach of contract resulting from the execution of an employment contract with another board within the State without the consent of the board first employing the teacher makes void any subsequent contract with any other school district in South Carolina for the same employment period. Upon the formal complaint of the school board, substantiated by conclusive evidence, the State board shallmay suspend or revoke the teacher's certificate, for a period not to exceed one calendar year.  The State Board shall not hear a complaint from a school board pursuant to this section unless it is received within thirty days of the breach. The period for educator certificate suspension due to breach of contract must begin on the date such contract is breached with the district and run for a period of time deemed appropriate by the State Board of Education, not to exceed six months from the date of breach, if the educator is not employed in a certified position by another public school district or public school. If the educator is employed in a certified position by another public school district or public school, the period of suspension may not exceed six months, effective the date of the board's determination. State education agencies in other states with reciprocal certification agreements shall be notified of the revocation of the certificateThe department shall provide notification of the suspension to other state educator licensing authorities.

Renumber sections to conform.

Amend title to conform.

 

SHANNON ERICKSON for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

State Expenditure

This amended bill provides that a professional certificate issued by the State Board of Education is permanent unless revoked or suspended and is not subject to renewal, and no teacher may be required to renew a professional certificate issued by the board. The amended bill also authorizes SCDE, in collaboration with the EOC, to use data already being collected under current procedures to report on the in-state and out-of-state college enrollment, college persistence, and postsecondary completion of the state's high school graduates. SCDE must work to streamline data collection timelines and processes to reduce the burden and increase the efficiency of such data collection and reporting.

 

The amended bill further provides that a teacher who submits his contract acceptance before the statutory notification deadline of May 11th may withdraw his acceptance by submitting a written notice to the school district within ten days after the publication of the employing district's salary schedule for the upcoming school year. Additionally, school districts may not report such withdrawals as a breach of contract.

 

The amended bill also revises the penalty for breach of contract resulting from the unauthorized execution of an employment contract with another district, as well as the period for educator certificate suspension due to breach of contract. A breach of contract makes void any subsequent contract with any other school district in the state, and upon a formal complaint of the school board, the State Board of Education may suspend or revoke the teacher's certificate. However, the State Board of Education shall not hear a complaint from a school board regarding a breach of contract unless it is received within thirty days of the breach. The amended bill further provides that the period for educator certificate suspension must begin on the date the contract is breached with the district and run for a period of time deemed appropriate by the State Board of Education, not to exceed six months from the date of breach, if the educator is not employed in a certified position by another public school district or public school. If the educator is employed in a certified position by another public school district or public school, the period of suspension may not exceed six months, effective the date of the Board's determination. SCDE must provide notification of the suspension to other state educator licensing authorities.

 

Lastly, the amended bill repeals certain reporting requirements for high schools, IHLs, and the State Superintendent of Education. State high schools are no longer required to submit to the State Superintendent of Education a report detailing the number of high school graduates that entered the freshman class of an IHL, either in or out of the state, or a breakdown showing all courses passed and failed by those students. IHLs are no longer required to submit such information to the state high schools, and the State Superintendent of Education is no longer required to tabulate such reports and include them in the annual report to the General Assembly.

 

S.C. Department of Education. The expenditure impact of this amended bill on SCDE is pending, contingent upon a response.

 

State Agency Schools. The Governor's School for the Arts and Humanities and the Governor's School for Agriculture at John de la Howe indicate that they can manage the provisions of the amended bill within existing appropriations. The amended bill will have no expenditure impact on the Wil Lou Gray Opportunity School since its teachers are state employees and are not required to sign yearly contracts. Based upon these responses, RFA anticipates that the amended bill will have no expenditure impact on the Governor's School for Science and Mathematics and the School for the Deaf and Blind. We will update this impact statement if the agencies provide a different response.

 

Education Oversight Committee. This amended bill requires the EOC, in collaboration with SCDE, to use data already being collected to report on the in-state and out-of-state college enrollment, college persistence, and postsecondary completion of the state's high school graduates. This amended bill will have no expenditure impact on the EOC, as the bill requires the department to perform activities that will be conducted in the normal course of agency business.

 

State Institutions of Higher Learning. This amended bill repeals the requirement that every IHL must submit to the state high school from which each freshman graduated a report on the first semester accomplishments of each freshman. Based on responses from Coastal Carolina University and the University of South Carolina, RFA anticipates that repealing this reporting requirement will result in no expenditure savings for IHLs.

 

Local Expenditure

This amended bill provides that a professional certificate issued by the State Board of Education is permanent unless revoked or suspended and is not subject to renewal, and no teacher may be required to renew a professional certificate issued by the board. The amended bill also authorizes the use of data already being collected under current procedures to report on postsecondary matters concerning graduates of state public schools. The amended bill further provides that a teacher who submits his contract acceptance before the statutory notification deadline may withdraw his acceptance by submitting a written notice to the school district within ten days after the publication of the employing district's salary schedule for the upcoming school year. Additionally, school districts may not report such withdrawals as a breach of contract. The amended bill also revises the penalty for breach of contract resulting from the unauthorized execution of an employment contract with another district, as well as the period for educator certificate suspension due to breach of contract, and makes such suspensions discretionary. Lastly, the amended bill repeals certain reporting requirements for state high schools, IHLs, and the State Superintendent of Education.

 

The expenditure impact of this amended bill on the local school districts is pending, contingent upon a response.

 

State Expenditure

This bill provides that a professional certificate issued by the State Board of Education is permanent unless revoked or suspended and is not subject to renewal, and no teacher may be required to renew a professional certificate issued by the board. The bill also authorizes SCDE, in collaboration with the EOC, to use data already being collected under current procedures to report on the in-state and out-of-state college enrollment, college persistence, and postsecondary completion of the state's high school graduates. SCDE must work to streamline data collection timelines and processes to reduce the burden and increase the efficiency of such data collection and reporting.

 

The bill further provides that a teacher who submits his contract acceptance before the statutory notification deadline of May 11th may withdraw his acceptance by submitting a written notice to the school district within ten days after the publication of the employing district's salary schedule for the upcoming school year. Additionally, school districts may not report such withdrawals as a breach of contract. The bill also revises the penalty for breach of contract resulting from the unauthorized execution of an employment contract with another district, as well as the period for educator certificate suspension due to breach of contract. A breach of contract makes void any subsequent contract with any other school district in the state, and the period for educator certificate suspension must begin on the date the contract is breached with the district and run for a period of time deemed appropriate by the State Board of Education, not to exceed six months from the date of breach. The bill also makes the suspension or revocation of a teacher's certificate discretionary.

 

Lastly, the bill repeals certain reporting requirements for high schools, IHLs, and the State Superintendent of Education. State high schools are no longer required to submit to the State Superintendent of Education a report detailing the number of high school graduates that entered the freshman class of an IHL, either in or out of the state, or a breakdown showing all courses passed and failed by those students. IHLs are no longer required to submit such information to the state high schools, and the State Superintendent of Education is no longer required to tabulate such reports and include them in the annual report to the General Assembly.

 

S.C. Department of Education. The expenditure impact of this bill on SCDE is pending, contingent upon a response.

 

State Agency Schools. The Governor's School for the Arts and Humanities and the Governor's School for Agriculture at John de la Howe indicate that the bill will have no expenditure impact since any expenses can be managed within existing appropriations. The Wil Lou Gray Opportunity School indicates that the bill will have no expenditure impact on the school since its teachers are state employees and are not required to sign yearly contracts. Based upon these responses, RFA anticipates that the bill will have no expenditure impact on the Governor's School for Science and Mathematics and the School for the Deaf and Blind. We will update this impact statement if the agencies provide a different response.

 

Education Oversight Committee. This bill requires the EOC, in collaboration with SCDE, to use data already being collected to report on the in-state and out-of-state college enrollment, college persistence, and postsecondary completion of the state's high school graduates. This bill will have no expenditure impact on the Education Oversight Committee (EOC), as the bill requires the department to perform activities that will be conducted in the normal course of agency business.

 

State Institutions of Higher Learning. This bill repeals the requirement that every IHL must submit to the state high school from which each freshman graduated a report on the first semester accomplishments of each freshman. Based on responses from Coastal Carolina University and the University of South Carolina, RFA anticipates that repealing this reporting requirement will result in no expenditure savings for IHLs.

 

Local Expenditure

This bill provides that a professional certificate issued by the State Board of Education is permanent unless revoked or suspended and is not subject to renewal, and no teacher may be required to renew a professional certificate issued by the board. The bill also authorizes the use of data already being collected under current procedures to report on postsecondary matters concerning graduates of state public schools. The bill further provides that a teacher who submits his contract acceptance before the statutory notification deadline may withdraw his acceptance by submitting a written notice to the school district within ten days after the publication of the employing district's salary schedule for the upcoming school year. Additionally, school districts may not report such withdrawals as a breach of contract. The bill also revises the penalty for breach of contract resulting from the unauthorized execution of an employment contract with another district, as well as the period for educator certificate suspension due to breach of contract, and makes such suspensions discretionary. Lastly, the bill repeals certain reporting requirements for state high schools, IHLs, and the State Superintendent of Education.

 

The expenditure impact of this bill on the local school districts is pending, contingent upon a response.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

________

 

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE "EDUCATOR ASSISTANCE ACT"; BY ADDING SECTION 59-25-112 SO AS TO PROVIDE PROFESSIONAL CERTIFICATES ISSUED BY THE STATE BOARD OF EDUCATION ARE PERMANENT UNLESS REVOKED OR SUSPENDED AND ARE NOT SUBJECT TO RENEWAL, AND TO PROVIDE NO TEACHER MAY BE REQUIRED TO RENEW A PROFESSIONAL CERTIFICATE ISSUED BY THE BOARD; BY ADDING SECTION 59-101-145 SO AS TO AUTHORIZE THE USE DATE BEING COLLECTED UNDER CURRENT PROCEDURES TO REPORT ON CERTAIN POSTSECONDARY MATTERS CONCERNING GRADUATES SOUTH CAROLINA PUBLIC SCHOOLS, AND TO REQUIRE THE STREAMLINING OF DATA COLLECTION TIMELINES AND PROCESSES; BY AMENDING SECTION 59-25-420, RELATING TO NOTICES CONCERNING ANNUAL TEACHER EMPLOYMENT CONTRACTS, SO AS TO PROVIDE CONTRACT ACCEPTANCES SUBMITTED BEFORE THE STATUTORY NOTIFICATION DEADLINE MAY BE WITHDRAWN BY SUBMISSION OF WRITTEN NOTICE TO THE SCHOOL DISTRICT WITHIN TEN DAYS AFTER PUBLICATION OF THE SCHOOL DISTRICT SALARY SCHEDULE FOR THE UPCOMING SCHOOL YEAR, AND TO PROVIDE SCHOOL DISTRICTS MAY NOT REPORT SUCH WITHDRAWALS AS A BREACH OF CONTRACT; BY AMENDING SECTION 59-25-530, RELATING TO UNPROFESSIONAL CONDUCT AND BREACH OF CONTRACT BY TEACHERS, SO AS TO REVISE THE PENALTIES FOR BREACH OF CONTRACT RESULTING FROM THE UNAUTHORIZED EXECUTION OF AN EMPLOYMENT CONTRACT WITH ANOTHER DISTRICT, TO REVISE THE PERIOD FOR EDUCATOR CERTIFICATE SUSPENSION DUE TO BREACH OF CONTRACT, AND TO MAKE SUCH REVOCATIONS DISCRETIONARY; BY REPEALING SECTION 59-101-130 RELATING TO HIGH SCHOOLS REPORTing TO the SUPERINTENDENT OF EDUCATION;  INSTITUTIONS OF HIGHER LEARNING REPORTing TO HIGH SCHOOLS; AND BY REPEALING SECTION 59-101-140 RELATING TO TABULATION OF REPORTS.

 

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

 

SECTION 1.  This act may be cited as the "Educator Assistance Act".

 

SECTION 2.  Article 3, Chapter 25, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-25-112. A professional certificate issued by the State Board of Education is permanent unless revoked or suspended and is not subject to renewal. No teacher may be required to renew a professional certificate issued by the board.

 

SECTION 3.  Article 1, Chapter 101, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-101-145.  The State Department of Education, in collaboration with the Education Oversight Committee, is authorized to use data that is already being collected through current processes to report on the in-state and out-of-state college enrollment, college persistence, and postsecondary completion of South Carolina's high school graduates. The department shall work to streamline data collection timelines and processes to reduce the burden and increase the efficiency of such data collection and reporting.

 

SECTION 4.  Section 59-25-420 of the S.C. Code is amended by adding:

 

    (C) Teachers who submit their contract prior to May eleventh pursuant to subsection (A) have ten days after publication of the employing district's salary schedule for the coming school year to notify the district's board of trustees in writing that the teacher wishes to withdraw his acceptance of his contract. If a teacher submits his request within ten days, the district is prohibited from reporting the withdrawal of prior acceptance as a breach of contract pursuant to Section 59-25-530.

 

SECTION 5.  Section 59-25-530 of the S.C. Code is amended to read:

 

    Section 59-25-530. Any teacher who fails to comply with the provisions of his contract without the written consent of the school board shall be or as provided in Section 59-25-420 is deemed guilty of unprofessional conduct.  A breach of contract resulting from the execution of an employment contract with another board within the State without the consent of the board first employing the teacher makes void any subsequent contract with any other school district in South Carolina for the same employment period.  Upon the formal complaint of the school board, substantiated by conclusive evidence, the State board shallmay suspend or revoke the teacher's certificate, for a period not to exceed one calendar year.  The period for educator certificate suspension due to breach of contract must begin on the date such contract is breached with the district and run for a period of time deemed appropriate by the State Board of Education, not to exceed six months from the date of breach. State education agencies in other states with reciprocal certification agreements shall be notified of the revocation of the certificate.

 

SECTION 6.  Sections 59-101-130 and 59-101-140 of the S.C. Code are repealed.

 

SECTION 7.  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 8.  This act takes effect July 1, 2024.

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