2015-2016 Bill 3170 Text of Previous Version (Dec. 11, 2014) - South Carolina Legislature Online

1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 595320, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO THE JURISDICTION OF 13 THE STATE BOARD FOR TECHNICAL AND 14 COMPREHENSIVE EDUCATION TO APPROVE OR 15 DISAPPROVE CERTAIN POSTSECONDARY VOCATIONAL, 16 TECHNICAL, AND OCCUPATIONAL DIPLOMA AND 17 ASSOCIATE DEGREE PROGRAMS, SO AS TO GIVE 18 EXCLUSIVE AUTHORITY OVER THE APPROVAL OR 19 DISAPPROVAL OF THESE PROGRAMS TO THE BOARD 20 AND TO EXPAND ITS JURISDICTION TO INCLUDE 21 CERTAIN CERTIFICATES AND CERTAIN APPLIED 22 SCIENCE PROGRAMS, AND TO PROVIDE THAT THESE 23 PROGRAMS ARE DESIGNED TO MEET STUDENT 24 OCCUPATIONAL AND CAREER GOALS AND ARE 25 ALIGNED WITH WORKFORCE NEEDS; TO AMEND 26 SECTION 5910315, AS AMENDED, RELATING TO HIGHER 27 EDUCATION GOALS AND MISSIONS, AND SECTION 28 5910335, RELATING TO THE REQUIREMENTS THAT A 29 PUBLIC INSTITUTION OF HIGHER EDUCATION MAY NOT 30 UNDERTAKE A NEW PROGRAM WITHOUT APPROVAL OF 31 THE COMMISSION ON HIGHER EDUCATION, BOTH SO AS 32 TO MAKE CONFORMING CHANGES; AND TO REPEAL 33 SECTION 59101150 RELATING TO THE REQUIREMENT 34 THAT A STATESUPPORTED INSTITUTION OF HIGHER 35 LEARNING MUST RECEIVE APPROVAL OF THE 36 COMMISSION OR THE GENERAL ASSEMBLY AS A 37 CONDITION TO UNDERTAKING A NEW PROGRAM. 38 39 Be it enacted by the General Assembly of the State of South 40 Carolina: 41

[3170] 1 1 SECTION 1. Section 595320 of the 1976 Code is amended to 2 read: 3 4 “Section 595320. (A) The State Board for Technical and 5 Comprehensive Education shall have within its jurisdiction, in 6 accordance with the provisions of this article, all statesupported 7 technical institutions and their programs that are presently 8 operating and any created in the future. 9 The State Board for Technical and Comprehensive Education 10 shall have, including the exclusive approval or disapproval 11 authority over all postsecondary vocational, technical, and 12 occupational diploma, certificate, and associate in applied science 13 degree programs financed in whole or in part by the State that lead 14 directly to employment. These programs are designed to meet a 15 student’s occupational and career goals and are aligned with 16 workforce needs. Excepted are programs presently being offered 17 by other statesupported institutions of higher learning which shall 18 continue their present programs under the direction of their 19 respective institutions. The Board shall continue major emphasis 20 on the special schools readySC program, which provides training 21 for prospective employees for new and expanding industry, these 22 programs to be closely coordinated with the state’s economic 23 development efforts. 24 (B) The State Board of Education shall continue jurisdiction 25 over currently operating licensed practical nurse (LPN) programs 26 and twelvemonth vocational agriculture programs which include 27 adult training in agriculture in the public schools and these 28 programs are subject to the requirements of Sections 595440, 29 595450, and 595460. 30 (C) All courses, programs, and institutions within the 31 jurisdiction of the State Board for Technical and Comprehensive 32 Education must be identified and administered as the South 33 Carolina Technical Education System. 34 (D) The State Board for Technical and Comprehensive 35 Education shall have the responsibility for developing and 36 maintaining short and longrange plans for providing uptodate and 37 appropriate occupational and technical training for adults and shall 38 coordinate its planning activities with the Economic Development 39 Coordinating Council, the State Council on VocationalTechnical 40 Education, the Commission on Higher Education, the State 41 Department of Education, the Department of Employment and 42 Workforce, and other state agencies, institutions, and departments.

[3170] 2 1 (E) All personnel employed in the institutions and programs 2 within the jurisdiction and control of the State Board for Technical 3 and Comprehensive Education are designated state employees 4 whether paid in whole or in part by state funds and are subject to 5 the regulations, guidelines, and policies of the State Board for 6 Technical and Comprehensive Education, the Budget and Control 7 Board, and the state personnel system. There may be no local 8 supplements to any salaries. The State Board for Technical and 9 Comprehensive Education shall establish salary ranges for 10 unclassified institutional employees based upon minimum standard 11 systemwide qualification criteria. Area commissions will fill all 12 positions with qualified personnel.” 13 14 SECTION 2. Section 5910315(B)(4) of the 1976 Code is 15 amended to read: 16 17 “(4) State technical and comprehensive education system 18 (a) all postsecondary vocational, technical, and 19 occupational diploma, certificate, and associate in applied science 20 degree programs leading directly to employment or maintenance of 21 employment and associate degree programs which enable students 22 to gain access to other postsecondary education; 23 (b) uptodate and appropriate occupational and technical 24 training for adults; 25 (c) special school programs that provide training for 26 prospective employees for prospective and existing industry in 27 order to enhance the economic development of South Carolina; 28 (d) public service to the State and the local community; 29 (e) continue to remain technical, vocational, or 30 occupational colleges with a mission as stated in item (4) this item 31 and primarily focused on technical education and the economic 32 development needs of the State and to provide access to other 33 postsecondary education.” 34 35 SECTION 3. Section 5910335 of the 1976 Code is amended to 36 read: 37 38 “Section 5910335. (A) All public institutions of higher learning 39 shall submit annual budget requests to the commission in the 40 manner set forth in this section. The State Board for Technical and 41 Comprehensive Education shall submit an annual budget request to 42 the commission representing the total requests of all areawide 43 technical and comprehensive educational institutions. The budget

[3170] 3 1 submitted by each institution and the State Board for Technical 2 and Comprehensive Education must include all state funds, federal 3 grants, tuition, and fees other than funds derived wholly from 4 athletic or other student contests, from the activities of student 5 organizations, from approved private practice plans, and from the 6 operation of canteens and bookstores which may be retained by the 7 institutions and be used as determined by the respective governing 8 boards, subject to annual audit by the State. Fees established by 9 the respective governing boards for programs, activities, and 10 projects not covered by appropriations or other revenues may be 11 retained and used by each institution as previously determined by 12 the respective governing boards, subject to annual audit by the 13 State. The budget request for the public higher education system 14 shall be submitted by the commission to the Governor and 15 appropriate standing committees of the General Assembly in 16 conjunction with the preparation of the annual general 17 appropriations act for the applicable year. 18 (B) Supplemental appropriations requests from any public 19 institution of higher education must be submitted first to the 20 commission. If the commission does not concur in the requests, 21 the affected institution may request a hearing on the requests 22 before the appropriate committee of the General Assembly. The 23 commission may appear at the hearing and present its own 24 recommendations and findings to the same committee. The 25 provisions of this paragraph do not apply to any capital 26 improvement projects funded in whole or in part prior to July 30, 27 1996. 28 (C) No new program may be undertaken by any public 29 institution of higher education without the approval of the 30 commission. The provisions of this chapter apply to all college 31 parallel, and transferable, and associate degree programs of 32 technical and comprehensive education institutions. All other 33 programs and offerings of technical and comprehensive education 34 institutions are excluded from this chapter to include the associate 35 degree in applied science.” 36 37 SECTION 4. Section 59101150 of the 1976 Code is repealed. 38 39 SECTION 5. This act takes effect upon approval by the 40 Governor. 41 XX 42

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