2007-2008 Bill 217: Virtual School Program - South Carolina Legislature Online

1 South Carolina General Assembly 2 117th Session, 2007-2008 3 4 S. 217 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Courson, Hayes, Vaughn, Campsen, Knotts, Setzler and Verdin 10 Document Path: l:\s-res\jec\002virt.mrh.doc 11 Companion/Similar bill(s): 3097 12 13 Introduced in the Senate on January 9, 2007 14 Currently residing in the Senate Committee on Education 15 16 Summary: Virtual School Program 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 12/13/2006 Senate Prefiled 23 12/13/2006 Senate Referred to Committee on Education 24 1/2/2007 Scrivener's error corrected 25 1/3/2007 Scrivener's error corrected 26 1/9/2007 Senate Introduced and read first time SJ-127 27 1/9/2007 Senate Referred to Committee on Education SJ-127 28 2/15/2007 Senate Committee report: Majority favorable with amend., minority unfavorable Education 29 SJ-15 30 2/20/2007 Scrivener's error corrected 31 2/21/2007 Scrivener's error corrected 32 3/6/2007 Senate Recommitted to Committee on Education SJ-15 33 34 35 VERSIONS OF THIS BILL 36 37 12/13/2006 38 1/2/2007 39 1/3/2007 40 2/15/2007 41 2/20/2007 42 2/21/2007 43 1 REPRINT 2 3 Indicates Matter Stricken 4 Indicates New Matter 5 6 COMMITTEE REPORT 7 February 15, 2007 8 9 S. 217 10 11 Introduced by Senators Courson, Hayes, Vaughn, Campsen, 12 Knotts, Setzler and Verdin 13 14 S. Printed 2/15/07--S. [SEC 2/21/07 12:43 PM] 15 Read the first time January 9, 2007. 16 17 18 THE COMMITTEE ON EDUCATION 19 To whom was referred a Bill (S. 217) to amend the Code of 20 Laws of South Carolina, 1976, by adding Chapter 16 to Title 59, to 21 establish the South Carolina Virtual Charter School District, etc., 22 respectfully 23 REPORT: 24 That they have duly and carefully considered the same and 25 recommend that the same do pass with amendment: 26 27 Amend the bill, as and if amended, Section 59-16-15(C), as 28 contained in SECTION 1, page 2, by deleting subsection (C) and 29 inserting: 30 / (C) Students may be awarded a maximum of three on-line 31 initial credits in a school year, and no more than twelve on-line 32 initial credits throughout high school. However, the State Board of 33 Education shall establish an appeals process whereby students may 34 be granted a waiver to exceed the established limit. / 35 Amend the bill further, Section 59-16-20(C), as contained in 36 SECTION 1, page 3, by deleting subsection (C) and inserting: 37 / (C) All distance, on-line, or virtual learning courses offered 38 for a unit of credit must be aligned with the state adopted academic 39 standards, include appropriate course materials, and be approved 40 by the State Department of Education. / 41 Amend the bill further, after Section 59-16-60 as contained in 42 Section 1, page 5, by adding:

1 [217-1] 1 / Section 59-16-70. At the end of each semester, the State 2 Department of Education shall provide student records, including 3 course grades and performance on state assessments, to the 4 Education Oversight Committee. The Education Oversight 5 Committee shall monitor the impact of credits earned in the virtual 6 school on the school and district ratings with particular attention to 7 performance on end-of-course examinations and graduation rates. 8 / 9 Amend the bill further, Section 59-40-65(A)(1), as contained in 10 SECTION 2, page 5, by deleting item (1) and inserting: 11 / (1) provide each student enrolled in the program with a 12 course or courses of on-line or computer instruction approved by 13 the State Department of Education that must meet or exceed the 14 South Carolina content and grade specific standards. Students 15 enrolled in the program of on-line or computer instruction must 16 receive all instructional materials required for the student’s 17 program; / 18 Amend the bill further, Section 59-40-65(A)(5)(b), as contained 19 in SECTION 2, page 6, by deleting subitem (b) in its entirety and 20 inserting: 21 / (b) regular instructional opportunities in real time that are 22 directly related to the school’s curricular objectives, including, but 23 not limited to, meetings with teachers and educational field trips 24 and outings; / 25 Renumber sections to conform. 26 Amend title to conform. 27 28 Majority favorable. Minority unfavorable. 29 JOHN E. COURSON KAY PATTERSON 30 For Majority. For Minority. 31 32 33 34 STATEMENT OF ESTIMATED FISCAL IMPACT 35 ESTIMATED FISCAL IMPACT ON GENERAL FUND 36 EXPENDITURES: 37 See Below 38 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 39 FUND EXPENDITURES: 40 See Below 41 EXPLANATION OF IMPACT: 42 The estimates provided were developed, in part, using a report 43 by the Southern Regional Education Board (SREB) entitled “Cost

1 [217-2] 1 Guidelines for State Virtual Schools”. Estimates are for the first 2 year of implementation and assume an enrollment of 3,000 3 students during the first year of the program. Actual costs will 4 likely vary in the second and subsequent years depending on the 5 actual number of participating students. 6 The State Department of Education estimates a need for twenty- 7 eight staff to include twenty teachers, three administrative staff, 8 and five staff dedicated to academic support, student services and 9 technical support. Total salary and fringe benefits for these staff is 10 estimated at $1,647,920. Other operating costs for office space are 11 estimate at $120,000. Academic development costs are estimated 12 at $836,000 which includes curriculum development, content 13 alignment, and installation of course material. The academic 14 development estimate assumes the State Board of Education’s 15 course review would not be extensive. Information technology 16 costs including equipment, software, networking and licensing are 17 estimated at $820,090. SDE anticipates implementing an outreach 18 and an evaluation component estimated at $50,000 and $150,000 19 respectively. 20 Total first year costs are estimated at $3,624,010. The impact 21 on the general fund is at the General Assembly’s discretion. This 22 initiative could be funded with state general funds and/or 23 Education Improvement Act funds. The SREB report estimated 24 cost for such a program at $1.5 million for 1,000 students; $4.0 25 million for 5,000 students; and $6.0 million for 10,000 students. 26 SPECIAL NOTES: 27 The impact on the state could be offset to the extent EFA and 28 other school district funds were redirected to the program from 29 based on the student enrollment. However, there is currently no 30 language in the bill requiring or allowing existing appropriations to 31 be used to cover costs of the program. 32 33 Approved By: 34 Don Addy 35 Office of State Budget 36

1 [217-3] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING CHAPTER 16 TO TITLE 59, TO 13 ESTABLISH THE SOUTH CAROLINA VIRTUAL CHARTER 14 SCHOOL DISTRICT, PROVIDE THAT IT MUST BE 15 GOVERNED BY A BOARD OF TRUSTEES, PROVIDE ITS 16 POWERS AND DUTIES, PROVIDE FOR THE STUDENTS’ 17 SUPERVISION AND THE STUDENTS’ DUTIES, PROVIDE 18 FOR THE DISTRICT’S TEACHERS AND FUNDING, 19 PROVIDE A TAX CREDIT FOR AN INDIVIDUAL OR A 20 CORPORATION THAT MAKES A DONATION TO THE 21 DISTRICT, PROVIDE THAT THE DISTRICT MAY NOT 22 LEVY ADDITIONAL TAXES OR ISSUE BONDS WITHOUT 23 THE APPROVAL OF THE GENERAL ASSEMBLY, AND 24 PROVIDE THAT THE BOARD OF TRUSTEES OF THE 25 DISTRICT MAY PROMULGATE REGULATIONS. 26 27 Be it enacted by the General Assembly of the State of South 28 Carolina: 29 30 SECTION 1. Title 59 of the 1976 Code is amended by adding: 31 32 “CHAPTER 16 33 34 South Carolina Virtual School Program 35 36 Section 59-16-10. The General Assembly finds that: 37 (1) through the use of technology South Carolina can create 38 educational opportunities for the students of this State that may not 39 exist without such technology; and 40 (2) using technology to deliver instruction can provide 41 effective alternatives for credit recovery, meeting graduation 42 requirements, resolving scheduling conflicts, delivering curriculum

1 [217] 1 1 content when there is a shortage of certified personnel, providing a 2 more flexible and individualized instructional pace, and offering 3 low-incidence courses. 4 It is the purpose of the General Assembly in this chapter to 5 establish the South Carolina Virtual School Program to ensure 6 consistent high quality education for the students of South 7 Carolina utilizing technology-delivered courses. 8 9 Section 59-16-15. (A) The State Board of Education is 10 authorized to establish the South Carolina Virtual School Program 11 to provide South Carolina students access to distance, on-line, or 12 virtual learning courses offered for an initial unit of credit. The 13 South Carolina Virtual School Program shall offer access to credit 14 recovery programs for students who have been identified by a 15 school district as not having received credit for a course previously 16 taken or for students who have been identified by a school district 17 as not likely to receive credit for a course in which the student is 18 currently enrolled. Students may enroll in a course for credit 19 recovery based on policies established by the State Board of 20 Education. The South Carolina Virtual School Program shall not 21 award a South Carolina High School diploma. 22 (B) Any public, private, or home school student residing in 23 South Carolina who is twenty-one years of age or younger shall be 24 eligible to enroll in the South Carolina Virtual School Program. 25 However, public school students shall be given enrollment priority. 26 A private school or home school student enrolled in the South 27 Carolina Virtual School Program shall not be entitled to any rights, 28 privileges, courses, activities, or services available to a public 29 school student other than receiving an appropriate unit of credit for 30 a completed course. 31 (C) Students may be awarded a maximum of three on-line 32 initial credits in a school year, and no more than twelve on-line 33 initial credits throughout high school. However, the State Board of 34 Education may establish an appeals process whereby students may 35 be granted a waiver to exceed the established limit. 36 (D) Local school districts shall accurately transcribe a student’s 37 final numeric grade to the student’s permanent record and 38 transcript. Home school students and private school students shall 39 receive a certified grade report indicating date, course, and final 40 numeric grade from the South Carolina Virtual School Program or 41 an entity approved by the State Board of Education.

1 [217] 2 1 (E) Students enrolled in an on-line course for a unit of credit 2 shall be administered appropriate state assessments in a proctored 3 environment. 4 (F) It is not the responsibility of the school, district, or State to 5 provide home computer equipment and Internet access for 6 enrollment in courses provided by the South Carolina Virtual 7 School Program. However, nothing in this section shall prohibit a 8 school or district from providing home computer equipment or 9 Internet access to students enrolled in the South Carolina Virtual 10 School Program. 11 12 Section 59-16-20. (A) The South Carolina Virtual School 13 Program shall be housed in and managed by the State Department 14 of Education. The department may contract for distance learning 15 courses, develop courses, or approve courses submitted by entities. 16 (B) Each course offered for a unit of credit shall be reviewed 17 for correlation with the state adopted academic standards prior to 18 being offered. 19 (C) All distance, on-line, or virtual learning courses offered for 20 a unit of credit must be aligned with the state adopted academic 21 standards, include appropriate course materials, and be approved 22 by the State Board of Education. 23 (D) Instructors must hold a valid teaching certificate in each 24 content area being taught or receive approval from the State 25 Department of Education to teach the course. 26 (E) All Virtual School teachers must receive appropriate 27 pre-service and in-service training pertaining to the organization, 28 classroom management, technical aspects, monitoring of student 29 assessment, and other pertinent training from the State Department 30 of Education. 31 32 Section 59-16-30. As used in this chapter: 33 (1) ‘Distance learning’ means the acquisition of knowledge 34 and skills through mediated information and instruction, 35 encompassing all technologies and other forms of learning at a 36 distance. Distance learning includes on-line and virtual courses. 37 (2) ‘On-line learning’ means learning delivered by web-based 38 or Internet-based technologies. 39 (3) ‘Proctored’ means directly monitored by an adult 40 authorized by the South Carolina Virtual School. 41 (4) ‘Virtual classroom’ means the on-line learning space where 42 students and instructors interact.

1 [217] 3 1 (5) ‘School year’ means the one hundred eighty days of student 2 instruction required pursuant to Section 59-1-420 and student 3 instruction received as part of a summer school program. 4 5 Section 59-16-40. The State Board of Education shall develop 6 guidelines and promulgate regulations to include, but may not be 7 limited to, the following: 8 (1) procedures and criteria to be used for the selection of on- 9 line courses to be offered for a unit of credit; 10 (2) qualifications and registration requirements of students who 11 may enroll in on-line courses to include provisions outlining the 12 enrollment of students that have been expelled from school; 13 (3) procedures for private and home school students to enroll 14 in courses offered; 15 (4) teacher qualifications and the student-to-teacher ratio for 16 on-line courses; 17 (5) appropriateness and provisions for charging tuition and 18 fees; 19 (6) procedures for establishing uniform evaluation of student 20 progress and awarding of the final grade; 21 (7) process for maintaining student records and reporting and 22 recording grades on the student’s transcript; 23 (8) procedures and requirements for employment, supervision, 24 and evaluation of teachers; 25 (9) procedures and requirements for supervision, monitoring, 26 assessment, and evaluation of enrolled students; and 27 (10) student expectations. 28 29 Section 59-16-50. Through the use of an on-line pilot program, 30 the State Department of Education shall examine the feasibility of 31 providing services of the South Carolina Virtual School Program 32 to students enrolled in adult education programs and shall make 33 recommendations to the General Assembly no later than January 1, 34 2008. 35 36 Section 59-16-60. Annually the State Board of Education shall 37 provide the General Assembly a report that shall include, but not 38 be limited to, the following information: 39 (1) list of courses offered through the virtual school; 40 (2) number of local school districts and number of the district 41 students participating in the virtual school; 42 (3) private schools and number of the private school students 43 participating in the virtual school;

1 [217] 4 1 (4) number of home school students participating in the virtual 2 school; 3 (5) success rates for students by courses enrolled in the virtual 4 school; 5 (6) number of students who dropped a course and reasons for 6 dropping; 7 (7) expenditures made for the virtual school; and 8 (8) number of students unable to enroll because of space 9 limitations.” 10 11 SECTION 2. Chapter 40, Title 59 of the 1976 Code is amended 12 by adding: 13 14 “Section 59-40-65. (A) If the governing body of a charter 15 school offers as part of its curriculum a program of on-line or 16 computer instruction this information shall be included in the 17 application and the governing body shall be required to: 18 (1) provide each student enrolled in the program with a 19 course or courses of on-line or computer instruction approved by 20 the State Board of Education that must meet or exceed the South 21 Carolina content and grade specific standards. Students enrolled in 22 the program of on-line or computer instruction must receive all 23 instructional materials required for the student’s program; 24 (2) ensure that the persons who operate the program on a 25 day-to-day basis comply with and carry out all applicable 26 requirements, statutes, regulations, rules, and policies of the 27 charter school; 28 (3) ensure that each course or courses offered through the 29 program shall be taught by a teacher meeting the requirements of 30 Section 59-40-50; 31 (4) ensure that a parent or legal guardian of each student 32 verifies the number of hours of educational activities completed by 33 the student each school year; 34 (5) adopt a plan by which it will provide: 35 (a) frequent, ongoing monitoring to ensure and verify that 36 each student is participating in the program, including regular 37 weekly assessments in core subjects graded or evaluated by a 38 teacher, and at least bi-weekly parent-teacher conferences in 39 person or by telephone; 40 (b) regular instructional opportunities in person to 41 students outside the student’s residence that are directly related to 42 the school’s curricular objectives, including, but not limited to, 43 meetings with teachers and educational field trips and outings;

1 [217] 5 1 (c) verification of ongoing student attendance in the 2 program; 3 (d) verification of ongoing student progress and 4 performance in each course as documented by ongoing 5 assessments and examples of student coursework; 6 (6) administer to all students in a proctored setting all 7 applicable assessments as required by the South Carolina 8 Education Accountability Act. 9 (B) Nothing in this section shall prohibit a charter school that 10 provides a program of on-line or computer instruction from 11 reimbursing families of enrolled students for costs associated with 12 their Internet connection for use in the program. 13 (C) Charter school students may enroll in the South Carolina 14 Virtual School Program pursuant to program requirements.” 15 16 SECTION 3. This act takes effect upon approval by the 17 Governor. 18 ----XX---- 19

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