Indicates Matter Stricken

Indicates New Matter

 

Amended

February 12, 2025

 

H. 3196

 

Introduced by Reps. Erickson, G. M. Smith, B. Newton, Wooten, Mitchell, Pope, Martin, Spann-Wilder, McCravy, Chumley, W. Newton, Gilliam, Collins, Vaughan, Caskey, Terribile, Kilmartin, Magnuson, Haddon, Wetmore, M. M. Smith, Schuessler, Stavrinakis, Sanders, Duncan, Teeple, Grant, Hartnett, Pedalino, Taylor, Hixon, Govan, Calhoon, Ligon, Lawson, Yow, Edgerton, Cromer, Reese, Gilliard, Alexander, Rivers, Oremus, Hartz and Anderson

 

S. Printed 2/12/25--H.                                                                           [SEC 2/13/2025 4:35 PM]

Read the first time January 14, 2025

 

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statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill enacts the Educator Assistance Act. The bill 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 also requires local school districts and charter schools to adopt a policy allowing all certified and noncertified school employees to contribute unused sick or annual leave in excess of sixty days to a sick leave bank that is made available to all district or charter school employees.

 

The bill amends certain requirements related to the annual notification of teacher employment and assignments. A written notification of reemployment must include a projected minimum salary schedule for the district for the coming school year, as well as an agreement to provide a final salary schedule as soon as practicable. The bill also requires the superintendent, principal, or supervisor to notify a teacher of their tentative assignment for the ensuing school year no later than fourteen calendar days before students are scheduled to return to school at the start of the school year. Once assigned to a school, the teacher may not be reassigned to work at another location in the district unless the superintendent can demonstrate the need for reassignment. A reassignment must be approved by a majority vote of the board of trustees, and the teacher must be given written notice at least five school days prior to the reassignment.

 

Additionally, the bill specifies that four days, instead of three days, of each local school district's annual school calendar must be used for professional development, and at least two days must be designated as staff workdays for the preparation of the opening of schools. 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 the suspension or revocation of a teacher's certificate discretionary.

 

Further, the bill provides that a teacher employed under a continuing contract must complete annual collegial professional development, and the employing district must award credits toward renewal of a professional teaching certificate for a teacher who successfully completes the required professional development activities. Additionally, the bill amends certain requirements for retired educator teaching certificates. The bill provides that a retired educator certificate is a lifetime certificate that allows a retired South Carolina educator to be eligible to maintain certification for the purpose of returning to employment with a school district on a temporary or full-time basis. Once issued, a retired certificate may be maintained upon written request from a retired educator in good standing to the Department at the end of a five-year period. 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 currently undetermined. The department anticipates that this bill will likely increase expenses. SCDE further anticipates that the bill may increase the number of breach of contract cases reported to the department, potentially requiring additional hearings and resources. However, SCDE reports that it will not be able to determine the overall expenditure impact of the bill until after it has been implemented.

 

State Agency Schools. The Governor's School for Agriculture at John de la Howe, the Governor's School for the Arts and Humanities, and the Governor's School for Science and Mathematics indicate that the bill will have no expenditure impact since any expenses can be managed with existing appropriations. Based upon these responses, RFA anticipates that the bill will have no expenditure impact on the School for the Deaf and the Blind and the Wil Lou Gray Opportunity School.

 

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 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 a response from the College of Charleston, as well as previous responses from Coastal Carolina University and the University of South Carolina on similar legislation, RFA anticipates that repealing this reporting requirement will result in no expenditure savings for IHLs.

 

Local Expenditure

This bill enacts the Educator Assistance Act. The bill requires local school districts and charter schools to adopt a policy allowing all certified and noncertified school employees to contribute unused sick or annual leave in excess of sixty days to a sick leave bank that is made available to all district or charter school employees.

 

The bill amends certain requirements related to the annual notification of teacher employment and assignments. A written notification of reemployment must include a projected minimum salary schedule for the district for the coming school year, as well as an agreement to provide a final salary schedule as soon as practicable. The bill also requires the superintendent, principal, or supervisor to notify a teacher of their tentative assignment for the ensuing school year no later than fourteen calendar days before students are scheduled to return to school at the start of the school year. Once assigned to a school, the teacher may not be reassigned to work at another location in the district unless the superintendent can demonstrate the need for reassignment. A reassignment must be approved by a majority vote of the board of trustees, and the teacher must be given written notice at least five school days prior to the reassignment.

 

Additionally, the bill specifies that four days, instead of three days, of each local school district's annual school calendar must be used for professional development, and at least two days must be designated as staff workdays for the preparation of the opening of schools. Districts must verify completion of the required professional development when reporting the number of days worked by each certified employee. 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. The bill also makes the suspension or revocation of a teacher's certificate discretionary.

 

Further, the bill provides that a teacher employed under a continuing contract must complete annual collegial professional development, and the employing district must award credits toward renewal of a professional teaching certificate for a teacher who successfully completes the required professional development activities. Additionally, the bill amends certain requirements for retired educator teaching certificates. Lastly, the bill repeals certain reporting requirements for high schools, so that 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.

 

The overall expenditure impact of this bill on the local school districts is undetermined. SCDE previously surveyed the seventy-two regular school districts and three charter school districts regarding similar legislation and received responses from sixteen districts. Fourteen of the responding districts indicate that the bill will have no expenditure impact. Two districts indicate that the bill may increase expenses but report that the cost is currently undetermined.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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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, TO PROVIDE NO TEACHER MAY BE REQUIRED TO RENEW A PROFESSIONAL CERTIFICATE ISSUED BY THE BOARD, AND TO PROVIDE A TEACHER WITH A PROFESSIONAL CERTIFICATE SHALL CONTINUE TO COMPLETE ONGOING PROFESSIONAL LEARNING AND DEVELOPMENT; BY ADDING SECTION 59-101-145 SO AS TO AUTHORIZE THE USE of DATa BEING COLLECTED UNDER CURRENT PROCEDURES TO REPORT ON CERTAIN POSTSECONDARY MATTERS CONCERNING GRADUATES OF SOUTH CAROLINA PUBLIC SCHOOLS, AND TO REQUIRE THE STREAMLINING OF DATA COLLECTION TIMELINES AND PROCESSES; BY AMENDING SECTION 59-25-47, RELATING TO POLICIES AUTHORIZING PAYMENTS FOR UNUSED TEACHER LEAVE, SO AS TO REQUIRE ADDITIONAL POLICIES THAT ALLOW TEACHERS TO DONATE SUCH UNUSED LEAVE TO A LEAVE BANK FOR OTHER EMPLOYEES, AND TO PROVIDE REQUIREMENTS FOR THE POLICIES; BY AMENDING SECTION 59-25-410, RELATING TO ANNUAL NOTIFICATION OF SCHOOL TEACHER EMPLOYMENT AND ASSIGNMENTS, SO AS TO PROVIDE THE NOTIFICATION MUST INCLUDE CERTAIN SALARY INFORMATION REQUIREMENTS IN THE REQUIRED NOTICE, TO PROVIDE NOTICE OF TENTATIVE TEACHER ASSIGNMENTS MUST BE PROVIDED NO LATER THAN FOURTEEN CALENDAR DAYS BEFORE THE START OF THE SCHOOL YEAR, AND TO PROHIBIT LIMITATIONS ON TEACHER REASSIGNMENTS; 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 59-1-425, RELATING TO REQUIRED DAYS FOR COLLEGIAL PROFESSIONAL DEVELOPMENT IN THE ANNUAL SCHOOL CALENDAR, SO AS TO INCREASE THE NUMBER OF DAYS TO FOUR, TO PROVIDE DISTRICTS MUST VERIFY COMPLETING OF THE REQUIRED COLLEGIAL PROFESSIONAL DEVELOPMENT IN A CERTAIN MANNER, TO PROVIDE TEACHERS AND INSTRUCTIONAL ASSISTANTS MUST BE PROVIDED SELF-DIRECTED FREE TIME TO EVALUATE STUDENT ACADEMIC DATA, INSTRUCTIONAL PLANNING, AND CLASSROOM PREPARATION, AND TO REMOVE A TWO-DAY MAXIMUM LIMITATION ON USE OF THESE COLLEGIAL PROFESSIONAL DEVELOPMENT DAYS FOR PREPARATION AND OPENING OF SCHOOLS; BY AMENDING SECTION 59-25-530, RELATING TO UNPROFESSIONAL CONDUCT AND BREACH OF CONTRACT BY TEACHERS, SO AS TO RECHARACTERIZE CERTAIN ACTIONS AS BEING BREACH OF CONTRACT INSTEAD OF UNPROFESSIONAL CONDUCT, TO REVISE THE PENALTIES AND CONSEQUENCES FOR SUCH BREACHES OF CONTRACT, AMONG OTHER THINGS; 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.

    Amend Title To Conform

 

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 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 3.  Section 59-25-47 of the S.C. Code is amended to read:

 

    Section 59-25-47.  (A) A local school district board of trustees or, in the case of a charter school, the governing body of a charter school, is authorized to adopt a policy consistent with the school district or, in the case of a charter school, the school budget, providing that all certified and noncertified public school teachers identified in the Professional Certified Staff listing, certified special school classroom teachers, certified media specialistsschool librarians, certified guidanceschool counselors, and career specialists who are employed by a school district or a charter school who earn, but do not use sick and annual leave in excess of ninety days, may be eligible to receive payment at the end of each fiscal year for these earned days in excess of ninety days for each excess day at a district's or charter school's established rate of substitute pay for their individual job classification, or another amount, subject to approval by the local school board, or, in the case of a charter school, the governing body of the charter school. This provision applies only to sick leave and annual leave in excess of ninety days that is accrued after July 1, 2018.

    (B) A local school district board of trustees or, in the case of a charter school, the governing body of a charter school, must adopt a policy enabling all certified and noncertified school employees to contribute any unused sick or annual leave in excess of sixty days to a sick leave bank that is made available to all district or charter school employees. Such policy must include criteria for employee eligibility to apply for use of the sick leave bank, procedures for review of applications for use of the sick leave bank, and criteria for the maximum number of days an employee may access from the sick leave bank during a single fiscal year.

    (B)(C) Notwithstanding any provision contained in this section, this section does not and may not be construed to amend or to repeal:

       (1) the rights of a school district, charter school, or legislative delegation to set or restrict any existing teacher incentive payment programs; or

       (2) any existing teacher incentive payment programs provided by current law or any existing limitation on the fiscal autonomy of a school district or charter school that is more restrictive than any incentives provided in subsection (A).

 

SECTION 4.  Section 59-25-410 of the S.C. Code is amended to read:

 

    Section 59-25-410. (A) The boards of trustees of the several school districts annually before May first shall decide and notify, in writing, a teacher, as defined in Section 59-1-130, whom the district employs concerning his reemployment for the ensuing year. If the superintendent fails to notify a teacher who has been employed by a school district for a majority of the current school year of his status for the ensuing year, the teacher is considered to be reemployed for the ensuing year and the board shall issue a contract to him as though the board had reemployed him in the usual manner. Notice of the superintendent's recommendation not to renew an employment contract must be given in writing before May first.

    (B) The written notification of reemployment must include a projected minimum salary schedule for the district for the coming school year as well as an agreement to provide a final salary schedule as soon as practicable upon completion of annual state and local appropriations processes. The written notification of employment should indicate downward adjustments to the projected minimum salary schedule only in the event of a loss or reduction in the amount of state, local, or federal funding anticipated by the district at the time of adoption of the projected minimum salary schedule.

    (B)(C) On or before August fifteenthNo later than fourteen calendar days before students are scheduled to return to school at the start of the school year, the superintendent, principal, where applicable, or supervisor shall notify the teacher of his tentative assignment for the ensuing school year. Once assigned to a school, the teacher shall not be reassigned to work at another location in the district unless the superintendent can demonstrate the need for reassignment. Such reassignment must be approved by a majority vote of the board of trustees, and the teacher must be afforded written notice at least five school days in advance of the reassignment.

    (C)(D) This section does not apply to a teacher whose contract of employment or dismissal is under appeal under Section 59-25-450.

    (D)(E) For purposes of this article, "teacher" means an employee possessing a professional certificate issued by the State Department of Education, except an employee working pursuant to a multiyear contract.

 

SECTION 5.  Section 59-1-425(A) of the S.C. Code is amended to read:

 

    (A) A local school district board of trustees of the State has the authority to establish an annual school calendar for teachers, staff, and students.  The statutory school term is one hundred ninety days annually and must consist of a minimum of one hundred eighty instructional days covering at least nine calendar months. A local school district board of trustees may offer the required instructional days at any time during the school year, consistent with the law. Except as may be waived in this section or accompanying regulations, a local school district shall provide at least one thousand eighty instructional hours over the statutory school term.  The opening date for students must not be before the third Monday in August, except for schools operating on a year-round modified school calendar. ThreeFour days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300. The professional development must address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. Districts must verify completion of the professional development required in this section annually when reporting the number of days worked by each certified employee to the Department of Education. At least two days must be designated as staff workdays for the preparation of opening of schools. On these days, teachers and instructional assistants must be afforded time that is self-directed and free from assigned meetings or training in order to evaluate student academic data and to plan and prepare instructional materials and classroom spaces for the start of the school year. No more than two days may be used for preparation of opening of schools and theThe remaining five four days may be used for teacher planning, academic plans, and parent conferences. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the district.

 

SECTION 6.  Section 59-25-530 of the S.C. Code is amended to read:

 

    Section 59-25-530. Any teachereducator who fails to comply with the provisions of his contract without the written consent of the school board shall be deemed guilty of unprofessional conductor as provided in Section 59-25-420 is considered to be in breach of contract. 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 teachereducator 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'seducator's certificate, for a period not to exceed one calendar year.  State education agencies in other states with reciprocal certification agreements shall be notified of the revocation of the certificate. The State Board shall not hear a complaint from a school board pursuant to this section unless it is received within sixty days of the breach of contract. 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. During this suspension period, the educator may not be signed to an employment contract by any public school board in South Carolina. The department shall provide notification of the suspension to other state educator licensing authorities.

 

SECTION 7.  Section 59-26-40(J) of the S.C. Code is amended to read:

 

    (J) After successfully completing an induction contract period, not to exceed three years, and an annual contract period, a teacher shall become eligible for employment at the continuing contract level. This contract status is transferable to any district in this State. A continuing contract teacher shall have full procedural rights that currently exist under law relating to employment and dismissal. A teacher employed under a continuing contract must be evaluated on a continuous basis and complete annual collegial professional development as required under Section 59-1-425(A). At the discretion of the local district and based on an individual teacher's needs and past performance, the evaluation may be formal or informal. Formal evaluations must be conducted with a process developed or adopted by the local district in accordance with State Board of Education regulations. The formal process also must include an individualized professional growth plan established by the school or district. Professional growth plans must be supportive of district strategic plans and school renewal plans. Informal evaluations which should be conducted for accomplished teachers who have consistently performed at levels required by state standards, must be conducted with a goals-based process in accordance with State Board of Education regulations. The professional development goals must be established by the teacher in consultation with a building administrator and must be supportive of district strategic plans and school renewal plans. The employing district must award credits toward renewal of a professional teaching certificate for a teacher employed at the continuing contract level who successfully completes the annual professional development activities required under this section and Section 59-1-425(A), consistent with State Board of Education regulations for the renewal of a professional certificate.

 

SECTION 8.  Section 59-26-45 of the S.C. Code is amended to read:

 

    Section 59-26-45.  (A) A retired educator certificate is a renewablelifetime certificate established in regulation by the State Board of Education that allows a retired South Carolina educator to be eligible to maintain certification for the purpose of substitutingreturning to employment with a school district on a temporary or full-time basis. A person is initially eligible for a South Carolina retired educator certificate if he:

       (1) held a valid South Carolina renewable, professional educator certificate at the time of retirement;

       (2) is either a:

           (i) retired member of the South Carolina Retirement System;  or

           (ii) current or former participant in the State Optional Retirement Program who would have met the eligibility requirements for retirement under the South Carolina Retirement System had he participated in that system rather than the State Optional Retirement Program;

       (3) does not hold another valid South Carolina educator certificate and has never held a valid South Carolina educator certificate that has been suspended, revoked, or voluntarily surrendered;  and

       (4) meets all other qualifications to serve as a substitutecertified educator as specified in state statute, regulation, and guidelines.

    (B) An individual meeting the eligibility requirements and desirous of a retired educator certificate, including a renewal certificate, must submit the request in the manner specified in regulation and guidelines.

       (1) A retired educator certificate approved and issued is valid for five years from the date of each issuance.

       (2) A certificate may be renewed and, if approved, is valid for five years from the date of each issuance.Once issued, a retired educator certificate may be maintained upon written request from a retired educator in good standing to the department at the end of a five-year period.

       (3) Department guidelines shall include the timeline, forms, and a process for submitting a request to maintain a retired educator certificate.and approving or denying certificate or renewal requests. (4) Renewal of a retired educator certificate does not require completion of professional learning or renewal credit.

       (4) Renewal of a retired educator certificate does not require completion of professional learning or renewal credit.

    (C) Any new or renewed certificate is invalidated upon issuance of any other South Carolina educator certificate.

    (D) An educator who works under the retired certificate must work under the agreement and rate of pay established for this purpose by the hiring district. Section 59-25-150 shall apply to any retired educator certificate.

    (E) A retired educator certificate is not subject to requirements for professional certificate renewal established by regulations of the State Board of Education.

    (E)(F) Nothing in this section exempts an educator from taking part in professional development that is required by a local school district.

    (F)(G) The State Board of Education shall develop regulations for, and the department shall establish guidelines and procedures for, the implementation of this section.

 

SECTION 9.  Sections 59-101-130 and 59-101-140 of the S.C. Code are repealed.

 

SECTION 10. 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 11. This act takes effect July 1, 2025.

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