Section 1 - Department of Education (H63)
THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.
SUMMARY OF PROVISO CHANGES FOR FY 2002-03
AS ADOPTED BY
THE HOUSE OF REPRESENTATIVES
SECTION 1 - DEPARTMENT OF EDUCATION (H63)
1.1 DELETE (Appropriation Transfer Prohibition) Directs that the funds for school districts and special projects/programs cannot be transferred to other line items. This proviso has been in the Appropriation Act since the late 1970s.
WMC: DELETE proviso. Transfers must be approved by the Budget and Control Board so proviso is no longer needed. Fiscal Impact: None. Requested by Department of Education.
HOU: ADOPT deletion.
1.2 DELETE (Attendance/Lunch Supervisors) Specifies the manner in which funds for attendance and lunch supervisors will be distributed.
WMC: DELETE proviso. This proviso is no longer needed. The directives in this proviso have been in the Appropriation Act since the late 1970s. After 20 years, the intent of the General Assembly is established and the allocation method is included in the funding manual. Fiscal Impact: None. Requested by Department of Education.
HOU: ADOPT deletion.
1.4 AMEND (EFA Formula/Base Student Cost Inflation Factor) States General Assembly intent to fully implement the Education Finance Act including an inflation factor projected by the Division of Budget and Analyses and to match the inflation wages of public school employees in the southeast; establishes formula funding guidelines: base student cost at $2,073 which includes a 3.04% inflation factor for the current fiscal year; directs that unallocated EFA FY 2000-01 funds must be used first to reimburse school district revenue lost due to certain assessments; and provides that remaining unallocated funds must be designated to districts for school building aid and/or for summer school.
REQUEST: AMEND proviso to change the base student cost to from “$2,073” to “$2,133” and the inflation factor from “3.04%” to “2.9%” and to delete the portion that deals with unallocated EFA funds for FY 00-01 to reimburse districts for lost revenue. This will update the proviso for the current fiscal year based on current Budget and Control preliminary information and delete the portion no longer needed due to the cited two years duration. Fiscal Impact: $39,115,756 increase to General Fund. Due to insufficient FY 02-03 projected revenue, SDE requests funding remain at FY 01-02 level. Requested by Department of Education.
WMC: AMEND proviso to change the base student cost to from “$2,073” to “$1,953” and the inflation factor from “3.04%” to “0%” and to delete the portion that deals with unallocated EFA funds for FY 00-01 to reimburse districts for lost revenue. Fiscal Impact: No impact to the General Fund.
HOU: ADOPT proviso as amended.
1.9 AMEND (Educational Responsibility/Foster Care) Sets responsibilities and guidelines for placement of disabled students in foster care, group home, orphanage, or state operated health care facility.
WMC: AMEND proviso to change “handicapping” to “disabling.” To be consistent with terminology used in state and federal regulation. Fiscal Impact: None. Requested by Department of Education.
HOU: ADOPT proviso as amended.
1.12 AMEND (Revenue Authorization) Allows the department to collect and retain fees for certain services.
WMC: AMEND proviso to delete last sentence, which requires any Department of Education fees related to licensure services, except for the $49 initial licensure, to be waived. The Department of Education does not have any licensure fees other than the $49 for initial licensure. This restriction is not needed. Fiscal Impact: None. Requested by Department of Education.
HOU: ADOPT proviso as amended.
1.14 DELETE (School Lunch Program Aid) Specifies the use of school lunch program funds.
WMC: DELETE proviso. This proviso is no longer needed. It was added in the 1970s. After 20 years, the intent of the General Assembly is established and the allocation method and use of funds is included in the funding manual. Fiscal Impact: None. Requested by Department of Education.
HOU: ADOPT deletion.
1.21 AMEND (Praxis Waiver) For the Critical Need Teacher Certification Program, allows twelve months for individuals with content qualifications and work experience to earn a passing score on the required Praxis II specialty area examinations. Attendance at the preservice seminar is also waived for unavoidable circumstances. Identified teachers with the waiver(s) are entitled to compensation under the district’s teacher salary schedule.
WMC: AMEND proviso to change “Critical Need Teacher Certification Program” to “Program from Alternative Certification for Educators (PACE)” and delete the pre-service institute attendance waiver. The Critical Need/PACE Guidelines adopted January 2001 provide for the entry into the seminar without the passing score on the Praxis II. Teachers who have extenuating circumstances are enrolled in the next available seminar without penalty. The amendment also conforms the title of the program to PACE. The support for the teacher will assist in developing the required skills for the teacher to be successful. Fiscal Impact: None. Requested by Department of Education.
HOU: ADOPT proviso as amended.
1.28 AMEND (Adult Education/Literacy) Requires the General Assembly to appropriate an amount equal to $175 per pupil for adult education and to adjust the amount annually by the percentage used to adjust the inflation factor for the base student cost. Requires that $150,000 of adult education funds must be used for rural literacy development pilot projects and that each county receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and those reading at or below the 8th grade level.
HOU: AMEND proviso to direct that if there is an approved sole service provider that draws directly from the department for Life-Long-Learning, the Department of Education shall transfer the funds appropriated to the school district to that provider. Sponsor: Rep. Taylor. Fiscal Impact: No impact on the General Fund.
1.29 AMEND (Teacher Recertification Technology Proficiency) Requires the department to approve teacher technology competency standards required by local school districts to assure the effective and efficient use of school technology funds. Such approval is a prerequisite for expenditure of district technology funds.
WMC: AMEND proviso to clarify that the technology requirement is a local district requirement. The technology requirement is a district requirement linked to the district's technology plan and reported to the Office of Technology. Fiscal Impact: None. Requested by Department of Education.
HOU: ADOPT proviso as amended.
1.33 AMEND (PSAT/PLAN Reimbursement) Allows assessment funds to be used for reimbursement of PSAT and PLAN testing and reporting fees and to authorize these funds to be carried over to pay for scoring of the spring, 2001 PACT assessment.
WMC: AMEND proviso to authorize the funds carried forward to be used to pay for state assessment activities including the scoring of the spring 2002 PACT assessment not completed by the end of the fiscal year. Funds are needed to pay for state assessment activities not completed by the end of the fiscal year. Fiscal Impact: No impact to the General Fund. Requested by Department of Education.
HOU: ADOPT proviso as amended.
1.34 DELETE (Teacher Quality) Specifies how funds for Teacher Quality state grants match are to be used and directs the Department working with the Center for Teacher Recruitment and CHE to develop the proposal.
WMC: DELETE proviso. This proviso was requested in 1999 when the State was awarded the grant, but it is no longer needed because the proposal has been developed. Fiscal Impact: None. Requested by Department of Education.
HOU: ADOPT deletion.
1.36 AMEND (School Bus Driver CDL) Requires local school districts to request a criminal record history from SLED before the initial employment of a school bus driver or school bus aide.
WMC: AMEND proviso to direct that the Department of Education and school districts be treated as a charitable organization for purposes of criminal records search fees. Reduces SLED’s fee for bus drivers and school bus aides. Fiscal Impact: BEA estimates a $34,000 reduction to the General Fund. Requested by Department of Education.
HOU: ADOPT proviso as amended.
1.38 AMEND (SAT Preparation) Directs the department to use SAT Preparation funds to review weaknesses of students on actual PSAT administrations and to provide assistance. Directs the department to encourage schools to emphasize SAT improvement by awarding the high school which earns the highest average gain in SAT scores a $50,000 bonus and by awarding each of the 10 schools with the next highest gain a $10,000 bonus.
WMC: AMEND proviso to delete the bonus for SAT improvement. Due to recent budget cuts all funds are needed for basic programmatic activities. The department will establish guidelines to ensure that schools receiving cash awards have active SAT improvement programs that continue to encourage participation. Fiscal Impact: No impact on the General Fund. Deletion of the proviso will allow the department to retain $150,000 for basic program activities. Requested by the Department of Education.
HOU: ADOPT proviso as amended.
1.43 DELETE (Special Schools Oversight) Directs special schools and school districts, which receive appropriations to submit their prior year annual accountability report to the State Board of Education and the Education Oversight Committee (EOC) by October 1st of the current year and directs the board and the committee to jointly review each report.
WMC: DELETE proviso. The report cards are addressed within the general EOC responsibilities. The accountability report is reviewed by the board for the particular school. Fiscal Impact: None. Requested by Education Oversight Committee.
HOU: ADOPT deletion.
1.45 AMEND (Specialists in Unsatisfactory Schools Teacher Specialists) Allows more than five teacher specialists to be funded in schools designated as impaired, below average, or unsatisfactory if recommended by the review team. Also allows teacher specialists for kindergarten and exempts retired educators hired as teacher or principal specialists from the earning limitations of the Retirement System.
WMC: AMEND proviso to delete the reference to schools designated as impaired, below average, or unsatisfactory; delete language pertaining to combined grade groupings and to funding approval of more than five teacher specialists; allow the department to assign personnel to schools designated as unsatisfactory or below average according to school enrollment. Add principal leaders and curriculum specialists to those jobs which retired educators may be hired to fill. Reflect wording in the Education Accountability Act and fully list the specialist positions used for intervention and technical assistance in these schools. Enable the department to use the knowledge and expertise of retired educators working with the schools designated as unsatisfactory. Fiscal Impact: N/A. Requested by Education Oversight Committee. AMEND FURTHER to allow teacher specialists who have successfully completed 3 years of service to reapply for assignment. Allow unsatisfactory schools to receive a teacher specialist for a 4th year if they had previously received assistance under the Impaired School District Program and if the review team so recommends and the State Board of Education so approves. Allow teachers to reapply as teacher specialists after 3 years of service but without the guarantee of jobs in their previous district. Allow principal specialists to be continued for a 3rd year if the requested by the school board, recommended by the external review team, and approved by the State Board of Education. Directs that for the 3rd year, only the principal specialist’s salary supplement will be paid for by the State. Fiscal Impact: No fiscal impact on the General Fund.
HOU: AMEND proviso to direct the Education Oversight Committee and the Department of Education to examine base and supplementary compensation for teacher specialists and those fulfilling similar responsibilities in other states to determine if compensation should be adjusted to encourage teacher specialists to serve rural areas. Direct that recommendations should be provided to the General Assembly by December 31, 2002. Sponsors: Reps. Townsend and Govan. Fiscal Impact: No impact on the General Fund.
1.46 AMEND (Retired Educator Specialist State of Emergency District) Allows retired educators to work as teacher or principal specialists in districts in which a state of emergency is declared. These retirees are not subject to the State Retirement System’s earnings limitations for two years. Allows the same administrator to be hired as a principal specialist in a state of emergency district for up to two years.
WMC: AMEND proviso by adding “principal leaders or curriculum specialists” to the positions that retired educators may hold in unsatisfactory schools. Delete the two-year limitation on employment in these positions and increase from two to four the number of years that they may be hired as a principal specialist in a state of emergency district. The changes are needed to clarify and fully reflect the positions held by retired educators in intervention and assistance and to allow these highly trained and experienced individuals to be recruited and serve in the school designated as unsatisfactory. Section 59-18-1530 allows teacher specialists to serve for up to three years. Fiscal Impact: None. Requested by Department of Education.
HOU: ADOPT proviso as amended.
1.47 DELETE (Assessment of Students with Disabilities) Directs that students with an IEP but who do not meet the criteria for an alternative PACT assessment may be administered the PACT consistent with the instructional level as directed in the student’s IEP.
WMC: DELETE proviso. This proviso is no longer needed since the directive is included in the assessment instructions given to the school districts. Fiscal Impact: None. Requested by Department of Education.
HOU: ADOPT deletion.
1.48 DELETE (Student Loan Program/Teaching Loans) Establishes teacher loan program repayments for loan recipients teaching in newly designated schools. Allows a teacher in alternative certification programs to be eligible for these loans. Establishes the Federal Perkins Loan definitions as the basis for critical geographical areas. Specifies the loan forgiveness rate and allows participants in the critical needs program to obtain funds for the cost of participation in that program.
WMC: DELETE proviso. The directives are no longer necessary as they are in permanent law and in guidelines in the Teacher Loan Program. Fiscal Impact: None. Requested by Department of Education.