2015-2016 Bill 3876: SC Education Efficiency Act - South Carolina Legislature Online

1 South Carolina General Assembly 2 121st Session, 2015-2016 3 4 H. 3876 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Toole, Burns and Chumley 10 Document Path: l:\council\bills\agm\18533ab15.docx 11 12 Introduced in the House on March 19, 2015 13 Currently residing in the House Committee on Education and Public Works 14 15 Summary: SC Education Efficiency Act 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 3/19/2015 House Introduced and read first time ( House Journalpage 31) 22 3/19/2015 House Referred to Committee on Education and Public Works ( House Journalpage 31) 23 24 View the latest legislative information at the website 25 26 27 VERSIONS OF THIS BILL 28 29 3/19/2015 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, SO AS TO ENACT THE “SOUTH CAROLINA 13 EDUCATION EFFICIENCY ACT”; TO AMEND SECTION 14 59330, RELATING TO THE GENERAL DUTIES OF THE 15 STATE SUPERINTENDENT OF EDUCATION, SO AS TO 16 PROVIDE THAT THE SUPERINTENDENT ADMINISTER 17 THROUGH THE DEPARTMENT OF EDUCATION ALL 18 POLICIES AND PROCEDURES PRESCRIBED BY LAW OR 19 ASSIGNED TO IT BY THE EDUCATION OVERSIGHT 20 COMMITTEE RATHER THAN THE STATE BOARD OF 21 EDUCATION; TO AMEND CHAPTER 6, TITLE 59, 22 RELATING TO MONITORING THE IMPLEMENTATION OF 23 THE EDUCATION IMPROVEMENT PROGRAM BY THE 24 EDUCATION OVERSIGHT COMMITTEE, SO AS TO REVISE 25 THE CHAPTER IN ITS ENTIRETY, TO ABOLISH THE STATE 26 BOARD OF EDUCATION AND TO TRANSFER ITS 27 FUNCTIONS, POWERS, DUTIES, RESPONSIBILITIES, 28 AUTHORITY, EMPLOYEES, AUTHORIZED 29 APPROPRIATIONS, AND ASSETS AND LIABILITIES, 30 AMONG OTHER THINGS, TO THE EDUCATION 31 OVERSIGHT COMMITTEE, TO DELETE OBSOLETE 32 REFERENCES, AND TO MAKE CONFORMING CHANGES, 33 TO DIRECT THE CODE COMMISSIONER TO MAKE 34 CONFORMING CHANGES AND TO REPORT THESE 35 CHANGES TO THE GENERAL ASSEMBLY BEFORE JULY 1, 36 2016; TO REPEAL CHAPTER 5, TITLE 59 RELATING TO 37 THE STATE BOARD OF EDUCATION; AND TO PROVIDE 38 THAT THE PROVISIONS OF THIS ACT TAKE EFFECT 39 UPON APPROVAL BY THE GOVERNOR AND ARE 40 CONTINGENT ON THE RATIFICATION OF A 41 CONSTITUTIONAL AMENDMENT TO SECTION 2, ARTICLE

[3876] 2 1 XI, OF THE SOUTH CAROLINA CONSTITUTION, 2 ABOLISHING THE STATE BOARD OF EDUCATION. 3 4 Be it enacted by the General Assembly of the State of South 5 Carolina: 6 7 SECTION 1. This act must be known and may be cited as the 8 “South Carolina Education Efficiency Act”. 9 10 SECTION 2. Section 59330(6) of the 1976 Code is amended to 11 read: 12 13 “(6) Administer, through the State Department of Education, all 14 policies and procedures adopted by the State Board of Education 15 Oversight Committee.” 16 17 PART I 18 19 Education Oversight Committee 20 21 SECTION 3. Chapter 6, Title 59 of the 1976 Code is amended to 22 read: 23 24 “CHAPTER 6 25 26 Monitoring Implementation of Education Improvement Program 27 Education Oversight Committee 28 29 Article 1 30 31 Membership, Powers, and Duties 32 33 Section 59610. (A) In order to assist in, recommend, and 34 supervise implementation of programs and expenditure of funds 35 for the Education Accountability Act and the Education 36 Improvement Act of 1984, the Education Oversight Committee is 37 to serve as the oversight committee for these acts. The Education 38 Oversight Committee shall: 39 (1) review and monitor the implementation and evaluation of 40 the Education Accountability Act and Education Improvement Act 41 programs and funding; 42 (2) make programmatic and funding recommendations to the 43 General Assembly;

[3876] 3 1 (3) report annually to the General Assembly, State Board of 2 Education, and the public on the progress of the programs; 3 (4) recommend Education Accountability Act and EIA 4 program changes to state agencies and other entities as it considers 5 necessary. 6 Each state agency and entity responsible for implementing the 7 Education Accountability Act and the Education Improvement Act 8 funded programs shall submit to the Education Oversight 9 Committee programs and expenditure reports and budget requests 10 as needed and in a manner prescribed by the Education Oversight 11 Committee. 12 The committee consists of the following persons: 13 (1) Speaker of the House of Representatives or his designee; 14 (2) President Pro Tempore of the Senate or his designee; 15 (3) Chairman of the Education and Public Works Committee 16 of the House of Representatives or his designee; 17 (4) Chairman of the Education Committee of the Senate or his 18 designee; 19 (5) Governor or his designee; 20 (6) Chairman of the Ways and Means Committee of the 21 House of Representatives or his designee; 22 (7) Chairman of the Finance Committee of the Senate or his 23 designee; 24 (8) State Superintendent of Education or the superintendent’s 25 designee who shall be an ex officio nonvoting member; 26 (9) five members representing business and industry who 27 must have experience in business, management, or policy to be 28 appointed as follows: one by the Governor, one by the President 29 Pro Tempore of the Senate, one by the Speaker of the House, one 30 by the Chairman of the Senate Education Committee, and one by 31 the Chairman of the House Education and Public Works 32 Committee; and 33 (10) five members representing public education teachers and 34 principals to be appointed as follows: one by the Governor, one by 35 the President Pro Tempore of the Senate, one by the Speaker of the 36 House, one by the Chairman of the Senate Education Committee, 37 and one by the Chairman of the House Education and Public 38 Works Committee. 39 Initial appointment must be made by July 31, 1998, at which 40 time the Governor or his designee shall call the first meeting. At 41 the initial meeting, a chairman elected from the members 42 representing the business and industry appointees and a vice 43 chairman representing the education members shall be elected by a

[3876] 4 1 majority vote of the committee. The members appointed pursuant 2 to items (1) through (8) may serve notwithstanding the provisions 3 of Section 813770. Their terms of office on the committee must 4 be coterminous with their terms of office as Governor, 5 Superintendent of Education, or members of the General 6 Assembly. 7 (B) The terms of office of the members of the Education 8 Oversight Committee, except for the legislative members, 9 Governor, and State Superintendent of Education, are four years 10 and until their successors are appointed and qualify except of those 11 first appointed the terms must be staggered as follows: 12 (1) initial terms of two years shall be served by the two 13 members of the business and industry community appointed by the 14 chairmen of the Education Committees; 15 (2) initial terms of three years shall be served by the members 16 of the education community appointed by the President Pro 17 Tempore of the Senate and the Speaker of the House; and 18 (3) all other voting members shall serve initial fouryear terms. 19 The terms of chairman and vice chairman shall be two years. At 20 the end of each twoyear term, an election must be held for the 21 chairmanship and vice chairmanship by majority vote of the 22 members attending with quorum present. No member shall serve 23 more than four consecutive years as chairman or vice chairman. 24 Members of the committee shall meet no less than once a 25 quarter and annually shall submit their findings and 26 recommendations to the General Assembly before March first of 27 each fiscal year. The staff positions of the Education Oversight 28 Committee and the people presently in those positions initially 29 shall be transferred to the Education Oversight Committee as 30 administrative staff to carry out its functions. 31 32 Section 59615. (A) There is created the BusinessEducation 33 Partnership for Excellence in Education and a permanent standing 34 subcommittee of the partnership for the purpose of reviewing the 35 implementation of the South Carolina Education Improvement Act 36 of 1984 and recommending other major education initiatives. 37 The BusinessEducation Partnership for Excellence in Education 38 consists of the following persons: 39 (1) Thirtytwo prominent civic and business leaders of which 40 fourteen are appointed by the Governor; six appointed by the State 41 Superintendent of Education; three appointed by the Speaker of 42 the House of Representatives; three appointed by the President of 43 the Senate; three appointed by the Chairman of the Education and

[3876] 5 1 Public Works Committee of the House of Representatives; and 2 three appointed by the Chairman of the Education Committee of 3 the Senate; 4 (2) Twenty educators of which eight are appointed by the 5 State Superintendent of Education; four appointed by the 6 Governor; two appointed by the Speaker of the House of 7 Representatives; two appointed by the President of the Senate; 8 two appointed by the Chairman of the Education and Public Works 9 Committee of the House of Representatives; and two appointed by 10 the Chairman of the Education Committee of the Senate; 11 (3) Lieutenant Governor or his designee; 12 (4) Chairman of the Committee on Children or his designee; 13 (5) Chairman of the Education Oversight Committee or his 14 designee; 15 (6) The Governor and State Superintendent of Education shall 16 serve as ex officio members. 17 The term of office of the members of the BusinessEducation 18 Partnership must be four years except that of those first appointed 19 an equal number must serve terms of two, three, and four years 20 respectively as determined by lot. Except in those cases where the 21 term of a member of the BusinessEducation Subcommittee has not 22 expired, no member of the BusinessEducation Partnership may 23 serve more than two consecutive terms. The number of 24 appointments provided for in items (1) and (2) above must be 25 reduced proportionately by the membership requirements of 26 subsection (B). 27 The chairman of the BusinessEducation Partnership for 28 Excellence in Education must be elected by the members of the 29 partnership and must be chosen from among the thirtytwo business 30 and civic leaders serving on the partnership. The 31 BusinessEducation Partnership must meet at the call of the 32 chairman but not less than quarterly. The Governor must preside 33 at all regular and special meetings of the partnership in which he is 34 in attendance; at those meetings at which the Governor is not in 35 attendance the State Superintendent of Education must preside, 36 and in the absence of the Superintendent, the chairman of the 37 partnership must preside. 38 The partnership in conjunction with the State Department of 39 Education may cause to be held statewide public forums for the 40 purpose of fostering open discussions regarding the impact of the 41 Education Improvement Act on the state’s education system and 42 education reform in general.

[3876] 6 1 (B) The BusinessEducation Partnership must establish a 2 permanent standing subcommittee called the BusinessEducation 3 Subcommittee. The subcommittee must be composed of sixteen 4 members of the BusinessEducation Partnership elected by the 5 BusinessEducation Partnership. The composition of the 6 subcommittee must be: 7 (1) ten civic and business leaders; and 8 (2) six educators. 9 The eighteen members serving on the Joint BusinessEducation 10 Subcommittee must remain on the BusinessEducation 11 Subcommittee as reconstituted on the effective date of this section. 12 The term of office for members of the BusinessEducation 13 Subcommittee must be six years except that of the initial members 14 an equal number must serve terms of two, four, or six years 15 respectively as determined by lot. The chairman of the 16 subcommittee is to be elected by the members of the subcommittee 17 and must be one of the ten civic and business leaders serving on 18 the subcommittee. Vacancies on the subcommittee must be filled 19 from the membership of the BusinessEducation Partnership by a 20 majority vote of the members of the partnership. 21 22 Section 59616. The State Board of Education in consultation 23 with the BusinessEducation Subcommittee shall appoint a 24 leadership network of representatives from the private sector. The 25 leadership network shall assist the State Board of Education 26 businesseducation partnership program by: (1) promoting 27 businesseducation partnerships, (2) evaluating businesseducation 28 partnerships, (3) disseminating the benefits of businesseducation 29 partnerships, and (4) formulating recommendations on goals and 30 activities for the businesseducation partnership program. The 31 leadership network shall meet at least quarterly and make regular 32 reports to the BusinessEducation Subcommittee, State Board of 33 Education, and Education Oversight Committee. 34 35 Section 59617. The BusinessEducation Subcommittee in 36 consultation with the Education Oversight Committee shall study 37 requiring school attendance as a condition of licensing for the 38 privilege of the operation of a motor vehicle and shall provide a 39 report to the General Assembly by January 1, 1990. 40 41 Section 59620. The State Board of Education and State 42 Superintendent of Education must establish within the State 43 Department of Education a special unit at the division level called

[3876] 7 1 the Public Accountability Division. This special unit must be 2 eliminated on July 1, 1991. The unit head shall hold a position 3 comparable to a deputy superintendent and must be under the 4 direct supervision of and shall report to the State Superintendent of 5 Education. 6 The deputy superintendent must provide all reports to the 7 Governor, Education Oversight Committee, BusinessEducation 8 Partnership for Excellence in Education, BusinessEducation 9 Subcommittee, and State Board of Education, and respond to any 10 inquiries for information. 11 The BusinessEducation Subcommittee shall serve as a screening 12 committee for the selection of the unit head. The screening 13 committee shall recommend for consideration three applicants. 14 Final selection of the unit head must be made by the State 15 Superintendent of Education after consulting with the Governor. 16 All other positions must be filled following current state personnel 17 and State Department of Education employment procedures. 18 The new unit is responsible for planning, monitoring, and 19 reviewing programs developed under the Education Improvement 20 Act and shall provide information, recommendations, and an 21 annual assessment of the Education Improvement Act to the 22 Governor, Education Oversight Committee, and 23 BusinessEducation Subcommittee. 24 The operating procedures for the new unit are the same as the 25 operating procedures for the three established divisions in the State 26 Department of Education. The BusinessEducation Subcommittee 27 shall review and approve all products produced by the new unit 28 and make recommendations to the State Board of Education for 29 final approval. 30 31 Section 59630. The State Board of Education shall provide an 32 assessment of the South Carolina Education Improvement Act of 33 1984 for consideration by the BusinessEducation Subcommittee 34 and the General Assembly. A special assessment shall be provided 35 on March 1, 1985. Commencing in 1985, an annual assessment 36 must be provided by December first of each year and an 37 appropriate amount of funding must be provided for this purpose. 38 The BusinessEducation Subcommittee shall provide a report on the 39 assessment to the BusinessEducation Partnership, and the 40 partnership shall submit its recommendations to the General 41 Assembly prior to February first. The staff of the 42 BusinessEducation Subcommittee shall serve as the primary staff 43 to the BusinessEducation Partnership and may solicit the

[3876] 8 1 assistance of the staffs of the House Education and Public Works 2 Committee, the Senate Education Committee, the Education 3 Oversight Committee, the Public Accountability Division, and the 4 Governor’s Office. 5 6 Section 596100. Within the Education Oversight Committee, an 7 Accountability Division must be established to report on the 8 monitoring, development, and implementation of the performance 9 based accountability system and reviewing and evaluating all 10 aspects of the Education Accountability Act and the Education 11 Improvement Act. 12 The Education Oversight Committee will employ, by a majority 13 vote, for a contract term of three years an executive director for the 14 Accountability Division. The director must be chosen solely on 15 grounds of fitness to perform the duties assigned to him and must 16 possess at least the following qualifications: a demonstrated 17 knowledge of public education, experience in program evaluation, 18 and experience in a responsible managerial capacity. No member 19 of the General Assembly nor anyone who will have been a member 20 for one year previously will be contracted to serve as director. The 21 director will have the authority to employ, with the approval of the 22 subcommittee, professional and support staff as necessary to carry 23 out the duties of the division, which shall be separate from the 24 administrative staff of the Education Oversight Committee. 25 26 Section 596110. The division must examine the public 27 education system to ensure that the system and its components and 28 the EIA programs are functioning for the enhancement of student 29 learning. The division will recommend the repeal or modification 30 of statutes, policies, and rules that deter school improvement. The 31 division must provide annually its findings and recommendations 32 in a report to the Education Oversight Committee no later than 33 February first. The division is to conduct indepth studies on 34 implementation, efficiency, and the effectiveness of academic 35 improvement efforts and: 36 (1) monitor and evaluate the implementation of the state 37 standards and assessment; 38 (2) oversee the development, establishment, implementation, 39 and maintenance of the accountability system; 40 (3) monitor and evaluate the functioning of the public education 41 system and its components, programs, policies, and practices and 42 report annually its findings and recommendations in a report to the 43 commission no later than February first of each year; and

[3876] 9 1 (4) perform other studies and reviews as required by law. 2 The responsibilities of the division do not include fiscal audit 3 functions or funding recommendations except as they relate to 4 accountability. It is not a function of this division to draft 5 legislation and neither the director nor any other employee of the 6 division shall urge or oppose any legislation. In the performance 7 of its duties and responsibilities, the division and staff members 8 are subject to the statutory provisions and penalties regarding 9 confidentiality of records as they apply to students, schools, school 10 districts, the Department of Education, and the Board of 11 Education. 12 13 Section 596120. The State Department of Education, the State 14 Board of Education, and the school districts and schools shall work 15 collaboratively with the Division of Accountability to provide 16 information needed to carry out the responsibilities and duties of 17 its office. The Division of Accountability may call on the 18 expertise of the state institutions of higher learning and any other 19 public agencies for carrying out its functions and may coordinate 20 and consult with existing agency and legislative staff. 21 22 Section 59610. Effective July 1, 2015, the State Board of 23 Education is abolished and its functions, powers, duties, 24 responsibilities, and authority specified by law are devolved upon 25 the Education Oversight Committee, and the employees, 26 authorized appropriations, and assets and liabilities of the State 27 Board of Education are transferred to the Education Oversight 28 Committee. All rules, regulations, standards, orders, or other 29 actions of these entities must remain in effect unless specifically 30 changed or voided by the department in accordance with the 31 Administrative Procedures Act, or as otherwise provided. 32 33 Section 59620. The Education Oversight Committee was 34 originally established to assist in, recommend, and supervise 35 implementation of programs and expenditure of funds for the 36 Education Accountability Act and the Education Improvement Act 37 of 1984 by serving as the oversight committee for these acts. The 38 role of the committee is expanded to include all functions, powers, 39 duties, responsibilities, and authority of the State Board of 40 Education following the abolition of that board. 41 42 Section 59630. (A) The committee consists of:

[3876] 10 1 (1) the Speaker of the House of Representatives or his 2 designee; 3 (2) the President Pro Tempore of the Senate or his designee; 4 (3) the Chairman of the Education and Public Works 5 Committee of the House of Representatives or his designee; 6 (4) the Chairman of the Education Committee of the Senate 7 or his designee; 8 (5) the Governor or his designee; 9 (6) the Chairman of the Ways and Means Committee of the 10 House of Representatives or his designee; 11 (7) the Chairman of the Finance Committee of the Senate or 12 his designee; 13 (8) the State Superintendent of Education or the 14 superintendent’s designee who must serve as secretary of the 15 committee and is a nonvoting member; 16 (9) the Chairman of the Commission on Higher Education or 17 his designee, who serves as a nonvoting member; 18 (10) the Chairman of the Board for Technical and 19 Comprehensive Education or his designee, who serves as a 20 nonvoting member; 21 (11) five members representing business and industry who 22 must have experience in business, management, or policy to be 23 appointed as follows: one by the Governor, one by the President 24 Pro Tempore of the Senate, one by the Speaker of the House, one 25 by the Chairman of the Senate Education Committee, and one by 26 the Chairman of the House Education and Public Works 27 Committee; and 28 (12) five members representing public education teachers and 29 principals to be appointed as follows: one by the Governor, one by 30 the President Pro Tempore of the Senate, one by the Speaker of the 31 House, one by the Chairman of the Senate Education Committee, 32 and one by the Chairman of the House Education and Public 33 Works Committee. 34 (B) The members appointed pursuant to items (1) through (10) 35 may serve notwithstanding the provisions of Section 813770. 36 Their terms of office on the committee must be coterminous with 37 their terms of office as Governor, Superintendent of Education, or 38 members of the General Assembly. 39 (C) The terms of office of the members of the Education 40 Oversight Committee, except for the legislative members, 41 Governor, and State Superintendent of Education, are four years 42 and until their successors are appointed and qualify. Members

[3876] 11 1 serving at the effective date of this article may continue to serve 2 the duration of the terms to which they were appointed. 3 (D) The membership must elect a chairman and vice chairman. 4 The members serving as chairman and vice chairman on the 5 effective date of this act may continue to serve the duration of the 6 terms to which they were elected as chairman and vice chairman. 7 The terms of the chairman and vice chairman must be two years, 8 and at the end of each twoyear term, an election must be held for 9 the chairmanship and vice chairmanship by majority vote of the 10 members attending with quorum present. A member may serve no 11 more than four consecutive years as chairman or vice chairman. 12 (E) The members of the committee representing business and 13 industry and teachers and principals must receive as compensation 14 a per diem and mileage as is provided for members of the General 15 Assembly. 16 (F) The committee shall meet at least monthly, on the call of its 17 chairman, or upon the request of a majority of its members. A 18 majority of the committee shall constitute a quorum for transacting 19 business. 20 (G) The committee shall maintain minutes of all meetings and 21 supporting documents and post them online at the committee’s 22 website. 23 24 Section 59640. The Education Oversight Committee has the 25 power to: 26 (1) Adopt policies, rules and regulations not inconsistent with 27 the laws of the State for its own government and for the 28 government of public schools and other educational initiatives as 29 authorized by the General Assembly. 30 (2) Annually approve budget requests for the institutions, 31 agencies, and service under the control of the committee as 32 prepared by the State Superintendent of Education prior to being 33 submitted to the State Budget and Control Board and to the 34 General Assembly. 35 (3) Adopt minimum standards for any phase of education as 36 are considered necessary to aid in providing adequate educational 37 opportunities and facilities. 38 (4) Prescribe and enforce rules for the examination and 39 certification of teachers. 40 (5) Grant state teachers’ certificates and revoke them for 41 immoral or unprofessional conduct, or evident unfitness for 42 teaching. 43 (6) Prescribe and enforce courses of study for public schools.

[3876] 12 1 (7) Prescribe and enforce the use of textbooks and other 2 instructional materials, including digital materials and devices, for 3 the various subjects taught or used in conjunction within all public 4 schools in accordance with the courses of study as prepared and 5 promulgated by the committee. 6 (8) Appoint committees and members of committees as may be 7 required or as may be desirable to carry out the orderly function of 8 the committee. 9 (9) Cooperate fully with the State Superintendent at all times to 10 the end that the state system of public education may constantly be 11 improved. 12 (10) With respect to its oversight role for the Education 13 Accountability Act and the Education Improvement Act of 1984: 14 (a) review and monitor the implementation and evaluation of 15 the Education Accountability Act and Education Improvement Act 16 programs and funding; 17 (b) make programmatic and funding recommendations to the 18 General Assembly; 19 (c) report annually to the General Assembly, the Governor, 20 and the public on the progress of the programs; 21 (d) recommend Education Accountability Act and EIA 22 program changes to state agencies and other entities as it considers 23 necessary; and 24 (e) prescribe the manner in which each state agency and 25 entity responsible for implementing the Education Accountability 26 Act and the Education Improvement Act funded programs shall 27 submit to the committee programs and expenditure reports and 28 budget requests as needed. 29 (11) Assume other responsibilities and exercise other powers 30 and perform other duties as may be assigned to it by law or as it 31 may find necessary to aid in carrying out the purpose and 32 objectives of the Constitution of the State. 33 34 Section 59650. In addition to the powers and responsibilities in 35 Section 59640, the Education Oversight Committee has the power 36 and responsibility to: 37 (1) Establish regulations prescribing minimum standards of 38 conduct and behavior that must be met by all pupils as a condition 39 to the right of pupils to attend the public schools of the State. The 40 rules shall take into account the necessity of proper conduct on the 41 part of all pupils in order that the welfare of the greatest possible 42 number of pupils must be promoted notwithstanding that the rules 43 may result in suspension or expulsion of pupils, provided,

[3876] 13 1 however, that disciplinary procedures must be in compliance with 2 Public Law 94142. 3 (2) Promulgate regulations prescribing a uniform system of 4 minimum enforcement by the various school districts of the rules 5 of conduct and behavior. 6 (3) Establish rules prescribing scholastic standards of 7 achievement. The rules shall take into account the necessity for 8 scholastic progress in order that the welfare of the greatest possible 9 number of pupils must be promoted. School districts may impose 10 additional standards of conduct and may impose additional 11 penalties for the violation of these standards of behavior, provided, 12 however, that disciplinary procedures must be in compliance with 13 Public Law 94142. 14 (4) Establish regulations prescribing a uniform system of 15 enforcement by the various school districts of the state compulsory 16 attendance laws and regulations promulgated pursuant to Section 17 596590. 18 (5) Promulgate regulations to ensure that all secondary schools, 19 with the exception of career and technology schools and secondary 20 schools whose enrollment is entirely handicapped, offer programs 21 and services to assist all students to become college and career 22 ready. 23 (6) Promulgate regulations to ensure that each school district in 24 its secondary school or career and technology center shall establish 25 clearly defined career and technology programs designed to assist 26 all students to become college and career ready. 27 (7) Establish criteria for promotion of students to the next 28 higher grade and graduation requirements. 29 (8) Develop and implement regulations requiring all school 30 districts to provide at least onehalf day early childhood 31 development programs for fouryearold children who have 32 predicted significant readiness deficiencies and whose parents 33 voluntarily allow participation. The regulations must require 34 intensive and special efforts to recruit children whose participation 35 is difficult to obtain. The school districts may contract with 36 appropriate groups and agencies to provide part or all of the 37 programs. If a local advisory committee exists in a community to 38 coordinate early childhood education and development, school 39 districts shall consult with the committee in planning and 40 developing services. The State Department of Education shall 41 collect and analyze longitudinal data to determine the effects of 42 child development programs on the later achievement of children 43 by tracking fouryearold child development program participants

[3876] 14 1 through kindergarten and the first three years of elementary school 2 to examine their performance on appropriate performance 3 measures. 4 (9) Adopt guidelines whereby the secondary schools of this 5 State shall emphasize teaching as a career opportunity. 6 (10) Adopt policies and procedures for the local school districts 7 to follow whereby: 8 (a) regular conferences between parents and teachers are 9 encouraged; 10 (b) each school has active parent and teacher participation 11 on the school improvement council and in parentteacher groups; 12 and 13 (c) parenting classes and seminars are made readily 14 available in every school district. 15 (11) Adopt policies and procedures to accomplish the following: 16 (a) have school personnel encourage advice and suggestions 17 from the business community; 18 (b) have business organizations encourage their members to 19 become involved in efforts to strengthen the public schools; 20 (c) encourage all schools and businesses to participate in 21 adoptaschool programs; and 22 (d) encourage statewide businesses and their organizations 23 to initiate a Public Education Foundation to fund exemplary and 24 innovative projects which support improvement in the public 25 schools. 26 (12) Adopt policies and procedures to accomplish the following: 27 (a) expand school volunteer programs; and 28 (b) encourage civic and professional organizations to 29 participate in local adoptaschool programs. 30 (13) Develop by regulation a model safe schools checklist to be 31 used by school districts on a regular basis to assess their schools’ 32 safety strengths and weaknesses. The checklist must include: 33 (a) the existence of a comprehensive safety plan; 34 (b) communication of discipline policies and procedures; 35 (c) intraagency and interagency emergency planning; 36 (d) recording of disruptive incidents; 37 (e) training of staff and students; 38 (f) assessment of buildings and grounds; 39 (g) procedures for handling visitors; 40 (h) assignment of personnel in emergencies; 41 (i) emergency communication and management procedures; 42 and 43 (j) transportation rules and accident procedures.

[3876] 15 1 (14) Consult with the Department of Agricultural Education of 2 Clemson University at all steps in the development of any state 3 plan prepared to satisfy any federal requirement related to the Carl 4 Perkins Vocational and Applied Technology and Education Act or 5 any successor federal law, including, but not limited to, the 6 allocation or distribution of funds under this federal act. 7 (15) Develop and implement regulations in collaboration with 8 the Commission on Higher Education that define the 9 postsecondary readiness standards for literacy and mathematics 10 skills and ensure that the academic content and learning skills 11 necessary for postsecondary success are emphasized in the high 12 school curriculum including the provision of postsecondary 13 readiness transitional courses. 14 (16) Develop and implement regulations in collaboration with 15 the Commission on Higher Education regarding the collection of 16 public reporting of data that measure the postsecondary success of 17 high school graduates. 18 19 Section 59660. The Education Oversight Committee, as 20 successor to the Board of Education, shall prescribe and 21 promulgate, in the manner provided by law, reasonable rules and 22 regulations to carry out the provisions of Sections 595100 and 23 595110, Chapter 21, Article 3, Chapter 67, Articles 1 and 5, 24 Chapter 71 and rules and regulations shall have the full force and 25 effect of law. 26 27 Section 59670. (A) The committee may, in its discretion, 28 designate one or more of its members to conduct a hearing in 29 connection with a responsibility of the committee and to make a 30 report on the hearing to the committee for its determination. 31 (B) The committee in its discretion also may designate a 32 hearing officer for the purpose of hearing matters relating to the 33 suspension or revocation of teacher certificates. The hearing 34 officer shall then make a recommendation to the committee for 35 final action. 36 37 Section 59680. The Education Oversight Committee, through 38 local school districts and area career and technology centers, shall 39 establish, maintain, and operate secondary occupational vocational 40 education courses for secondary school students in public schools 41 in accordance with guidelines and standards established by the 42 committee and in accordance with federal laws pertaining to career

[3876] 16 1 and technology education. The committee shall approve secondary 2 occupational career and technology education courses. 3 4 Article 3 5 6 Accountability 7 8 Section 596310. (A) Within the Education Oversight 9 Committee, a Division of Accountability must be established to 10 report on the monitoring, development, and implementation of the 11 performancebased accountability system and reviewing and 12 evaluating all aspects of the Education Accountability Act and the 13 Education Improvement Act. 14 (B) The Education Oversight Committee will employ, by a 15 majority vote, for a contract term of three years an executive 16 director for the Division of Accountability. The director must be 17 chosen solely on grounds of fitness to perform the duties assigned 18 to him and must possess at least the following qualifications: a 19 demonstrated knowledge of public education, experience in 20 program evaluation, and experience in a responsible managerial 21 capacity. No member of the General Assembly nor anyone who 22 will have been a member for one year previously will be 23 contracted to serve as director. The director will have the authority 24 to employ, with the approval of the subcommittee, professional 25 and support staff as necessary to carry out the duties of the 26 division, which must be separate from the administrative staff of 27 the Education Oversight Committee. 28 29 Section 596320. The division must examine the public 30 education system to ensure that the system and its components and 31 the EIA programs are functioning for the enhancement of student 32 learning. The division will recommend the repeal or modification 33 of statutes, policies, and rules that deter school improvement. The 34 division must provide annually its findings and recommendations 35 in a report to the Education Oversight Committee no later than 36 February first. The division is to conduct indepth studies on 37 implementation, efficiency, and the effectiveness of academic 38 improvement efforts and: 39 (1) monitor and evaluate the implementation of the state 40 standards and assessment; 41 (2) oversee the development, establishment, implementation, 42 and maintenance of the accountability system;

[3876] 17 1 (3) monitor and evaluate the functioning of the public 2 education system and its components, programs, policies, and 3 practices and report annually its findings and recommendations in 4 a report to the commission by February first of each year; and 5 (4) perform other studies and reviews as required by law. 6 The responsibilities of the division do not include fiscal audit 7 functions or funding recommendations except as they relate to 8 accountability. It is not a function of this division to draft 9 legislation and neither the director nor another employee of the 10 division shall urge or oppose any legislation. In the performance 11 of its duties and responsibilities, the division and staff members 12 are subject to the statutory provisions and penalties regarding 13 confidentiality of records as they apply to students, schools, school 14 districts, the Department of Education, and the Education 15 Oversight Committee. 16 17 Section 596330. The State Department of Education, the 18 Education Oversight Committee, the school districts, and the 19 schools shall work collaboratively with the Division of 20 Accountability to provide information needed to carry out the 21 responsibilities and duties of its office. The Division of 22 Accountability may call on the expertise of the state institutions of 23 higher learning and other public agencies for carrying out its 24 functions and may coordinate and consult with existing agencies 25 and legislative staff. 26 27 Article 5 28 29 Governors’ Institute of Reading 30 31 Section 596510. The General Assembly finds that: 32 (1) reading is the most important academic skill and the basis 33 for success in school and work; 34 (2) test results indicate that a significant portion of South 35 Carolina students score below the fiftieth percentile on nationally 36 normed achievement tests; and 37 (3) it is necessary and proper to establish a comprehensive 38 longterm commitment to improve reading as well as overall 39 academic performance. 40 41 Section 596520. (A) There is created within the State 42 Department of Education the Governor’s Institute of Reading. The 43 purpose of the institute is to create a collaborative effort to

[3876] 18 1 mobilize education, business, and community resources to ensure 2 that all children learn to read independently and well by the end of 3 the third grade. The purpose of the institute also is to mobilize 4 efforts to improve the reading abilities of students in the middle 5 grades and accelerate the learning of students reading below grade 6 level. The Governor’s Institute of Reading is based upon a 7 collaborative effort of education professionals and reading experts 8 and designed to promote reading in every school district. To 9 accomplish this mission, the institute shall: 10 (1) review the best practices in the teaching of reading; 11 (2) provide teachers with professional development and 12 support for implementing best practices in the teaching of reading; 13 and 14 (3) award competitive grants to school districts for designing 15 and providing a comprehensive approach to reading instruction 16 based on best practices. 17 (B) The Education Oversight Committee shall develop 18 guidelines for administering and allocating funds for the 19 Governor’s Institute of Reading. Grants must be awarded to 20 districts for implementing programs designed to achieve 21 exemplary reading. The department may carry forward 22 unexpended appropriations to be used for this same purpose from 23 fiscal year to fiscal year. 24 25 26 Article 7 27 28 Miscellaneous Provisions 29 30 Section 596710. The Education Oversight Committee shall 31 adopt and school districts of the State shall use the uniform 32 grading scale in use on the effective date of this act. 33 34 Section 596720. The Education Oversight Committee shall 35 review and refine, as necessary, regulations that define the criteria 36 for an outoffield permit and for school districts to report outoffield 37 teaching for teachers who are not teaching one hundred percent of 38 the time in their areas of certification or in a field in which the 39 teachers have twelve or more academic hours from a regionally, 40 state, or nationally accredited program, with special provisions 41 made for phasing in middle level certification. 42

[3876] 19 1 Section 596730. The department shall use professional 2 performance dimensions in the ADEPT program and department 3 guidelines for the teacher induction program in use on the effective 4 date of this act. 5 6 Section 596740. The Education Oversight Committee, as 7 successor to the State Board of Education, shall disburse funds as 8 provided by the General Assembly and shall have further powers 9 as are committed to it by this title. The committee also shall 10 advise the General Assembly as requested. 11 12 Section 596750. Academic and career and technology training 13 provided by the South Carolina Opportunity School, the John De 14 La Howe School, and the South Carolina School for the Deaf and 15 the Blind must meet standards prescribed by the Education 16 Oversight Committee based upon standards prescribed by the 17 South Carolina Department of Education for the academic and 18 career and technology programs of these schools. The committee 19 may prescribe additional requirements as necessary. The State 20 Superintendent of Education shall administer the standards related 21 to the high school and elementary school programs. Reports from 22 the State Department of Education, evaluating the education 23 program and indicating whether or not the program meets the 24 standards as prescribed, must be made directly to the board of each 25 institution at regularly scheduled meetings. State Department of 26 Education supervisory personnel must be utilized for evaluating 27 the programs and reporting to each board. 28 29 Section 596760. The Education Oversight Committee shall 30 initiate an award program to recognize business and industries, 31 civic organizations, school improvement councils, and individuals 32 contributing most significantly to public education. 33 34 Section 596770. (A) In order to facilitate the ontime graduation 35 of children of families who have moved to South Carolina during 36 the child’s twelfth grade year, the Education Oversight Committee 37 may: 38 (1) waive specific courses required for graduation if those 39 courses were not specifically required for graduation in the 40 student’s most recent state of residence; however, the committee 41 may not waive the number of courses required in ELA, math, and 42 science. If a student does not have sufficient course credit to be 43 issued a South Carolina diploma, the committee, to the extent

[3876] 20 1 possible, shall provide an alternative means of acquiring required 2 coursework so that the student could receive a South Carolina high 3 school diploma and graduation may occur on time; and 4 (2) accept exit exams, endofcourse exams, or alternative 5 testing required for graduation from the sending state in lieu of 6 South Carolina testing requirements for graduation provided that 7 all portions of these exams necessary for graduation from the 8 sending state have been satisfactorily met. 9 (B) In the event the alternatives provided in subsection (A) 10 cannot be accommodated after all alternatives have been 11 considered, the Education Oversight Committee shall work with 12 other state boards and departments of education to help facilitate 13 the receipt of a diploma from the sending state if the student meets 14 the graduation requirements of that state. 15 (C) The Education Oversight Committee shall develop 16 guidelines and subsequent regulations to comply with the 17 provisions of this section. 18 19 Section 596780. The Education Oversight Committee shall 20 promulgate regulations directing the principal of each elementary 21 school having grades one through five to develop and implement a 22 plan which shall equitably apportion lunchroom duty among the 23 teachers so that each teacher has as many duty free lunch periods 24 as may be reasonable in order to insure the safety and welfare of 25 students and staff. The implementation of the plan shall not 26 impose additional costs on the school districts.” 27 28 PART II 29 30 Miscellaneous and Conforming Provisions 31 32 SECTION 4. (A) The Code Commissioner is directed to change 33 or correct all references to these offices of the former State Board 34 of Education in the 1976 Code to reflect the transfer of its 35 functions, powers, duties, responsibilities, authority, employees, 36 authorized appropriations, and assets and liabilities, among other 37 things, transferred to the Education Oversight Committee by this 38 act. 39 (B) On or before July 1, 2016, the Code Commissioner also 40 shall prepare and deliver a report to the President Pro Tempore of 41 the Senate and the Speaker of the House of Representatives 42 concerning appropriate and conforming changes to the 1976 Code 43 of Laws reflecting the provisions of this act.

[3876] 21 1 2 SECTION 5. Chapter 5, Title 59 of the 1976 Code is repealed. 3 4 SECTION 6. If any section, subsection, paragraph, subparagraph, 5 sentence, clause, phrase, or word of this act is for any reason held 6 to be unconstitutional or invalid, such holding shall not affect the 7 constitutionality or validity of the remaining portions of this act, 8 the General Assembly hereby declaring that it would have passed 9 this act, and each and every section, subsection, paragraph, 10 subparagraph, sentence, clause, phrase, and word thereof, 11 irrespective of the fact that any one or more other sections, 12 subsections, paragraphs, subparagraphs, sentences, clauses, 13 phrases, or words hereof may be declared to be unconstitutional, 14 invalid, or otherwise ineffective. 15 16 SECTION 7. The provisions of this act take effect upon approval 17 by the Governor and are contingent on the ratification of a 18 constitutional amendment to Section 2, Article XI, of the South 19 Carolina Constitution, 1895, abolishing the State Board of 20 Education. 21 XX 22

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