Senate Amendment ED
H 3728 - Session 125 (2023-2024)
Transparency and Integrity in Education Act

The Committee on Education proposes the following amendment (SEDU-3728.DB0105S):

Amend the bill, as and if amended, SECTION 2, by deleting Section 59-29-600.

Amend the bill further, SECTION 2, by striking Section 59-29-610(2) and inserting:

(2) "Parent" means the biological parent, adoptive parent, stepparent, person with legal custody or other person with legal authority to act on behalf of a student, excluding an individual whose parental relationship to the child has been legally terminated. 

Amend the bill further, SECTION 2, by striking Section 59-29-620(A)(1) and inserting:

 (1) members of one race, sex, ethnicity, color, or national origin are inherently superior to  members of another race, sex, ethnicity, color, or national origin;

Amend the bill further, SECTION 2, by striking Section 59-29-620(A)(5) and inserting:

 (5) an individual, by virtue of the race, sex, ethnicity, religion, color, or national origin of the individual, bears responsibility for actions committed in the past by other members of the same race, sex, ethnicity, religion, color, or national origin; 

Amend the bill further, SECTION 2, by striking Section 59-29-620(A)(7) and inserting:

 (7) fault, blame, or bias should be assigned to members of a race, sex, ethnicity, religion, color, or national origin because of their race, sex, ethnicity, religion, color, or national origin. 

Amend the bill further, SECTION 2, by striking Section 59-29-620(C) and inserting:

(C) A student, administrator, teacher, staff member, other school or district employee, or volunteer may not be required to engage in any gender or sexual diversity training or counseling unless it is prescribed as part of a corrective action plan pursuant to Section 59-29-630.  

Amend the bill further, SECTION 2, by striking Section 59-29-620(D)(1), (2), and (3) and inserting:

 (1) the history of an ethnic group, as described in the South Carolina State Standards and instructional materials adopted pursuant to the South Carolina Code of Regulations; 

 (2) the fact-based discussion of controversial aspects of history or current events; 

 (3) the fact-based instruction on the historical oppression of a particular group of people based on race, sex, ethnicity, class, nationality, religion, or geographic region; or 

Amend the bill further, SECTION 2, Section 59-29-620, by adding a subsection to read:

 (F) Nothing in this section prohibits an LEA from taking disciplinary action or corrective action for prohibited conduct as prescribed by state law, the department of education, or local school board.

Amend the bill further, SECTION 2, by striking Section 59-29-630 and inserting:

 (9)location, either physical or virtual, of the printed or electronically available material; and 

 (10)a statement by the complainant verifying that he has made a good faith effort to communicate with the principal or individual alleged to have included or promoted the prohibited concept and resolve the matter as required in Section 59-29-640(B)(3), including the date and time of the communication, the mode of communication, copies of any communications available, and a summary of the outcome of the communications and resolution efforts. 

Amend the bill further, SECTION 2, by striking Section 59-29-640(A)(1)(a) and inserting:

  (a) provide a statement on its website announcing the rights of parents to review all curriculum; 

Amend the bill further, SECTION 2, by striking Section 59-29-640(A)(1)(c), (d), (e), (f), (g), and (h) and inserting:

  (c) ensure compliance with the provisions of this Article by investigating suspected violations and complaints filed pursuant to this Article; 

  (d) prohibit retaliation for filing a complaint or participating in an investigation; 

  (e) obtain written consent from a parent prior to the participation of a minor student in the investigative process, including consent for the minor to be interviewed; 

  (f) provide instructions to complainant or individual alleged to have violated for filing an appeal of the LEA determination with the department in a written determination to an eligible complainant; and 

  (g) before July 1, 2025, and each year thereafter, provide a report to the department containing a summary of the: 

    (i) number of complaints filed with a description of the nature of each complaint; 

    (ii)number of complaints closed; 

    (iii)number of complaints pending; 

    (iv)number of resolution agreements successfully executed; 

    (v)number of complaints substantiated; and 

    (vi)number of complaints not substantiated. 

Amend the bill further, SECTION 2, by striking Section 59-29-640(B)(3) and inserting:

 (3) A  requirement that the complainant must have undertaken a good faith effort to communicate with the principal or individual alleged to have included or promoted the prohibited concept to discuss the complainant's concerns and attempt to resolve the matter. 

Amend the bill further, SECTION 2, by striking Section 59-29-640(C) and inserting:

(C) An LEA shall work collaboratively with parents, teachers, and other employees to resolve concerns and complaints. At any point after a complaint is filed but before the LEA has issued a final written determination, the parties may reach an early resolution of an allegation through a resolution agreement, which shall include any agreed upon terms of the early resolution. Once a complaint is submitted, it must be confidential and not accessible to the public until a decision has been rendered and administrative procedures provided in this Article have been exhausted. An LEA is not required to complete its investigation or issue a final written determination once it has entered a resolution agreement with the complainant. 

Amend the bill further, SECTION 2, by striking Section 59-29-640(H)(2)(c)(I) and inserting:

(I) The State Board shall issue a written determination letter to the complainant, the individual alleged to have included or promoted the prohibited concept, and the LEA from which the allegation arose. This determination letter is subject to any Federal or State law that relates to the privacy of student information. 

Amend the bill further, SECTION 2, by striking Section 59-29-650(A) and inserting:

(A) Beginning with the 2024-2025 School Year, and each school year thereafter, each LEA prominently shall post information regarding their chosen curriculum and instructional materials on the school district website.The information must indicate the materials used by school, grade or course, and subject matter, and must include: 

  (1)a listing of the approved textbooks by title and including author, brief summary and date of copyright for every course offered in the district; 

  (2)a link to statewide academic standards; 

  (3)relevant district policies concerning curriculum development and academic transparency; and  

  (4)a process for which parents may review in person, at the school of their child's attendance and contest instructional materials and library and media center materials being used. 

Amend the bill further, SECTION 2, by striking Section 59-29-650(C)(4) and inserting:

 (4) a list of primary textbooks and instructional materials; 

Amend the bill further, SECTION 2, by deleting Section 59-29-670 and 59-29-680.

Amend the bill further, SECTION 3, by striking Section 59-28-180(A), (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) and (B) and inserting:

Parent involvement influences student learning and academic performance;  therefore, parents are expected to:

 (1)(a) uphold high expectations for academic achievement;

 (2)(b) expect and communicate expectations for success;

 (3)(c) recognize that parental involvement in middle and high school is equally as critical as in elementary school;

 (4)(d) ensure attendance and punctuality;

 (5)(e) attend parent-teacher conferences;

 (6)(f) monitor and check homework;

 (7)(g) communicate with the school and teachers;

 (8)(h) build partnerships with teachers to promote successful school experiences;

 (9)(i) attend, when possible, school events;

 (10)(j) model desirable behaviors;

 (11)(k) use encouraging words;

 (12)(l) stimulate thought and curiosity; and

 (13)(m) show support for school expectations and efforts to increase student learning; and

(n) be the primary source of their student's education regarding learning morals, ethics, and civic responsibility.