Current Status Bill Number:View additional legislative information at the LPITS web site.3701 Ratification Number:429 Act Number:394 Introducing Body:House Subject:South Carolina Employment Revitalization Act of 1986
(A394, R429, H3701)
AN ACT TO ENACT THE SOUTH CAROLINA EMPLOYMENT REVITALIZATION ACT OF 1986 BY ADDING SECTION 59-5-61 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE RESPONSIBILITY OF THE STATE BOARD OF EDUCATION IN REGARD TO SECONDARY OCCUPATIONAL VOCATIONAL EDUCATION; TO AMEND SECTION 59-43-20, RELATING TO THE POWERS OF THE STATE BOARD OF EDUCATION IN REGARD TO ADULT EDUCATION, SO AS TO FURTHER PROVIDE FOR THESE POWERS; TO AMEND SECTION 59-53-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO ADD TWO AT-LARGE MEMBERS TO THE BOARD, TO PROVIDE THAT THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION SHALL ALSO SERVE AS THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE WITH SPECIFIED RESPONSIBILITIES, TO REQUIRE EACH AREA OCCUPATIONAL ADVISORY COMMITTEE TO MAKE PROGRESS REPORTS TO THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE, AND PROVIDE FOR CERTAIN FUNCTIONS OF THE ADVISORY COMMITTEE; TO AMEND SECTION 59-53-20, AS AMENDED, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION OVER STATE-SUPPORTED TECHNICAL INSTITUTIONS AND PROGRAMS, SO AS TO FURTHER PROVIDE FOR THIS AUTHORITY WITH REGARD TO CERTAIN OCCUPATIONAL AND TECHNICAL TRAINING FOR ADULTS; TO AMEND SECTION 59-53-40, AS AMENDED, RELATING TO COORDINATION BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION WITH THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE BOARD AND THE LOCAL AREA COMMISSIONS SHALL INSURE COORDINATION AMONG PUBLIC AND PRIVATE ENTITIES TO MEET LOCAL TECHNICAL EDUCATION AND TRAINING NEEDS AND TO DELETE CERTAIN LANGUAGE OF THE SECTION; TO AMEND SECTION 59-53-50, AS AMENDED, RELATING TO OTHER POWERS AND DUTIES OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO GRANT TO THE BOARD CERTAIN ADDITIONAL POWERS AND DUTIES; TO AMEND SECTION 59-53-57, RELATING TO STATE FUNDING FOR THE TECHNICAL EDUCATION SYSTEM, SO AS TO STIPULATE HOW CERTAIN MONIES APPROPRIATED FOR SHORT-TERM AND INNOVATIVE TRAINING MUST BE USED AND TO CREATE A PRIVATE JOB TRAINING REVIEW COMMITTEE AND PROVIDE FOR ITS FUNCTIONS; TO ESTABLISH AN AREA OCCUPATIONAL TRAINING ADVISORY COMMITTEE FOR EACH OF THE SERVICE AREAS PRESENTLY ESTABLISHED FOR THE VARIOUS TECHNICAL COLLEGES AND TO PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, AND EXPENSES OF THESE AREA ADVISORY COMMITTEES AND FOR A TWO-YEAR DURATION OF EACH; TO PROVIDE THAT EACH LOCAL TECHNICAL COLLEGE COMMISSION AND LOCAL SCHOOL BOARDS WITHIN THE SERVICE AREA SHALL ENTER INTO CERTAIN MEMORANDA OF AGREEMENT FOR COOPERATION AND COORDINATION AND TO PROHIBIT ANY TECHNICAL COLLEGE COMMISSION OR LOCAL SCHOOL BOARD WHICH HAS NOT ENTERED INTO A MEMORANDA OF AGREEMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE FROM RECEIVING CERTAIN STATE FUNDS UNTIL SUCH TIME AS A MEMORANDA OF AGREEMENT HAS BEEN ENTERED INTO, AND TO PROVIDE THAT EACH STATE AGENCY OFFERING VOCATIONAL, TECHNICAL, OCCUPATIONAL, OR ADULT BASIC AND SECONDARY EDUCATION SHALL INCLUDE IN ITS ANNUAL REPORT CERTAIN INFORMATION.
Be it enacted by the General Assembly of the State of South Carolina:
Act may be known and cited
SECTION 1. (A) This act is known and may be cited as the South Carolina Employment Revitalization Act of 1986.
(B) As used in this act or Chapter 53, Title 59 of the 1976 Code, the term "unserved or underserved persons or clients" means persons who have not previously been primary beneficiaries of vocational education, adult basic and adult secondary education, and technical education programs and specifically including recipients of public assistance payments through the Aid to Families with Dependent Children (AFDC) program, and at-risk youth.
Responsibilities of State Board
SECTION 2. Chapter 5, Title 59 of the 1976 Code is amended by adding:
"Section 59-5-61. The State Board of Education shall through local school districts and area vocational centers establish, maintain, and operate secondary occupational vocational education courses for secondary school students in public schools in accordance with guidelines and standards established by the Board and in accordance with federal laws pertaining to vocational education. The Board shall also approve all secondary occupational vocational education courses."
Responsibilities of State Board
SECTION 3. Section 59-43-20 of the 1976 Code is amended to read:
"Section 59-43-20. (A) The State Board of Education may:
(1) make and enforce regulations for the organization, conduct, and supervision of adult basic and adult secondary (GED and high school diploma) education;
(2) determine the qualifications of teachers and issue teaching certificates for teaching adult basic and adult secondary (GED and high school diploma) education classes;
(3) determine the tuition which may be required of persons attending adult basic and adult secondary (GED and high school diploma) education classes;
(4) determine the subjects which may be taught in adult basic and adult secondary (GED and high school diploma) education classes.
(B) The State Board of Education is also responsible for the administration, coordination, and management of adult basic and adult secondary (GED and high school diploma) education for the purpose of facilitating and coordinating adult basic and adult secondary (GED and high school diploma) education programs for South Carolina adults whose level of educational attainment is below high school, as prescribed by state and federal laws and regulations. The State Board of Education and the local school districts are responsible for effective coordination and utilization of literacy councils, the technical education system, the educational television network, nonprofit groups, business and industry representatives, and other state and local agencies and private persons interested in adult basic and adult secondary (GED and high school diploma) education programs to deliver programs to the state's undereducated adult population.
(C) Any funds distributed by the State Board of Education for local literacy councils or programs must be made available to those councils or programs either in kind or in money."
State Board for Technical and Comprehensive
Education
SECTION 4. Section 59-53-10 of the 1976 Code, as amended by Act 654 of 1976, is further amended to read:
"Section 59-53-10. There is hereby created the State Board for Technical and Comprehensive Education (Board) as a continuing body and agency and instrumentality of the State. The Board shall consist of ten members, appointed by the Governor for terms of six years and until successors are appointed and qualify. One member must be appointed from each congressional district, with the advice and consent of the legislative delegations of the congressional district involved, and be a resident thereof. There must be four at-large members appointed by the Governor, one of whom must be experienced in the policy development of secondary vocational education and adult basic and adult secondary education and one of whom must be experienced in the policy development of federal job training programs. The initial terms of office of Board members representing congressional districts are for a period of years corresponding to the numerical designation of their respective districts. The initial terms of office of the first at-large members of the Board are for three and six years determined by lot and the initial term of the at-large member experienced in the policy development of secondary vocational education and adult basic and adult secondary education is three years and the initial term of the at-large member experienced in the policy development of federal job training programs is six years. In addition, the State Superintendent of Education and the Executive Director of the State Development Board shall serve as ex officio members of the Board. The chairman must be elected by the Board. In case a vacancy shall occur a member must be appointed in the same manner for the remainder of the unexpired term. The Board shall enter into contracts and make regulations, including policies and guidelines, as considered necessary to fulfill the intent of this act, subject to the approval of the General Assembly."
State Council on Vocational and Technical
Education
SECTION 5. The State Council on Vocational and Technical Education shall also serve as the State Occupational Training Advisory Committee and in this regard has the following responsibilities:
(1) Make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for improving the coordination among the state's plans and programs for adult vocational education, adult basic and adult secondary education, post-secondary technical education and secondary vocational education.
(2) Make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for assuring the compatibility of these educational plans and programs with the state's economic development strategies.
(3) Make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Commission on Higher Education, the Governor's Office, and the public for improving the articulation between secondary vocational education and post-secondary technical education and between post-secondary technical education and four-year degree programs.
(4) Make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for improving service to groups or communities in the State which are unserved or underserved and need additional training and education to be employed or to move into the work force and off of public assistance.
(5) Make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for improving the accountability systems and effectiveness of the adult vocational education, adult basic and adult secondary education, post-secondary technical education, and secondary vocational education programs.
(6) Make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for improving the implementation of the provisions of the South Carolina Employment Revitalization Act of 1986."
Progress report
SECTION 6. After one year from the effective date of this act, each area occupational advisory committee shall make a written progress report to the State Occupational Training Advisory Committee. The report must indicate the progress of area technical college commissions and local school boards in reaching the agreement required by Section 12 of this act and specifically identify issues, if any, delaying final agreement. The State Occupational Training Advisory Committee shall report area technical college commissions and local school boards that have not made appropriate progress toward reaching an agreement to the Governor, General Assembly, State Board of Education, and the State Board for Technical and Comprehensive Education.
Based upon a review of the written reports required of the area occupational advisory committees by Section 11 of this act, the memoranda of agreement, and other pertinent information, the State Occupational Training Advisory Committee shall report to the Governor and General Assembly upon the cooperation, articulation, and coordination between technical college commissions and local school boards. The State Occupational Training Advisory Committee shall make its report within one year of the execution of memoranda of agreement between all affected technical college commissions and local school boards or within three years of the effective date of this act, whichever comes first. The report is not limited to but must specifically identify technical college commissions and local school boards whose agreements have not achieved coordination and articulation, specify the deficiencies, and make recommendations for removing deficiencies. The report of the State Occupational Training Advisory Committee shall contain the written responses, if any, of the State Board of Education, the State Board for Technical and Comprehensive Education, technical college commissions, and local school boards to the State Occupational Training Advisory Committee's findings.
In 1989-90 and every two years thereafter, the State Occupational Training Advisory Committee shall monitor the implementation of the memoranda of agreement and assess the cooperation, coordination, and articulation between technical college commissions and local school boards in a report to the Governor and General Assembly.
Other appropriate state agencies shall assist the State Occupational Training Advisory Committee in preparing the reports required by this section so that the reports may be prepared using existing personnel.
Jurisdiction of Board
SECTION 7. Section 59-53-20 of the 1976 Code, as amended by Act 654 of 1976, is further amended to read:
"Section 59-53-20. The State Board for Technical and Comprehensive Education shall have within its jurisdiction, in accordance with the provisions of this article, all state-supported technical institutions and their programs that are presently operating and any created in the future.
The State Board for Technical and Comprehensive Education shall have approval or disapproval authority over all post-secondary vocational, technical, and occupational diploma and associate degree programs financed in whole or in part by the State that lead directly to employment. Excepted are programs presently being offered by other state-supported institutions of higher learning which shall continue their present programs under the direction of their respective institutions. The Board shall continue major emphasis on the special schools program, which provides training for prospective employees for new and expanding industry, these programs to be closely coordinated with the state's economic development efforts.
The State Board of Education shall continue jurisdiction over currently operating licensed practical nurse (LPN) programs and twelve-month vocational agriculture programs which include adult training in agriculture in the public schools and these programs are subject to the requirements of Sections 11, 12, and 13 of the South Carolina Employment Revitalization Act of 1986.
All courses, programs, and institutions within the jurisdiction of the State Board for Technical and Comprehensive Education must be identified and administered as the South Carolina Technical Education System.
The State Board for Technical and Comprehensive Education shall have the responsibility for developing and maintaining short and long-range plans for providing up-to-date and appropriate occupational and technical training for adults and shall coordinate its planning activities with the Economic Development Coordinating Council, the State Council on Vocational-Technical Education, the Commission on Higher Education, the State Department of Education, the Employment Security Commission, and other state agencies, institutions, and departments.
All personnel employed in the institutions and programs within the jurisdiction and control of the State Board for Technical and Comprehensive Education are designated state employees whether paid in whole or in part by state funds and are subject to the regulations, guidelines, and policies of the State Board for Technical and Comprehensive Education, the Budget and Control Board, and the state personnel system. There may be no local supplements to any salaries. The State Board for Technical and Comprehensive Education shall establish salary ranges for unclassified institutional employees based upon minimum standard systemwide qualification criteria. Area commissions will fill all positions with qualified personnel."
Coordination with public schools, etc.
SECTION 8. Section 59-53-40 of the 1976 Code, as amended by Act 654 of 1976, is further amended to read:
"Section 59-53-40. The Board and local area commissions shall insure effective coordination with the public schools, other state agencies, literary councils, and private and nonprofit training organizations to maximize opportunities to best meet local education and training needs. The Board shall maintain effective coordination with the Commission on Higher Education and other educational boards and state agencies.
The Board is required to submit to the Commission on Higher Education a budget and enrollment documentation for all existing and proposed college parallel courses or associate degree programs with college transfer credit by institutional location for review and comment prior to submission of the Board's total state budget request to the State Budget and Control Board.
All college parallel courses or associate degree programs are subject to the approval or termination by the Commission on Higher Education."
Responsibilities of Board
SECTION 9. Section 59-53-50 of the 1976 Code, as amended by Act 654 of 1976, is further amended to read:
"Section 59-53-50. The Board shall:
(1) be responsible for the state-level development, implementation, coordination, and operation of an adequate and high quality post-high school vocational, technical, and occupational diploma and associate degree courses, programs, and adult short-term training programs and courses financed in whole or in part by state funds; such courses and programs to be characterized by a continuing strong emphasis on the employment needs of the State, the communities, and people of South Carolina;
(2) establish criteria for and approve the awarding of certificates, diplomas, and associate (but not baccalaureate) degrees to students who successfully complete authorized and prescribed courses and programs of study and training;
(3) participate in the various programs of federal aid to public, post-secondary, two-year institutions, and to the students therein;
(4) accept and administer donations of funds, grants, real property, or equipment from individuals, corporations, foundations, and governmental bodies;
(5) establish a minimum and maximum tuition fee with the approval of the area commissions. Any fees charged above or below this established fee schedule shall require the approval of the Board and the appropriate area commissions;
(6) require accountability for and maintain inventory records over all donated equipment, all real property, and equipment in the South Carolina Technical Education System which is purchased by or for the institutions and programs regardless of source of funds. All inventory records shall identify sources of funds and ownership of all items;
(7) establish criteria for the justification of a new facility or the modification of existing facilities. No new facilities or modification of existing facilities shall occur without the approval of the area commission and the Board, and the location of any such new facility or modification of an existing facility in a particular county is subject to the approval of a majority of the members of the area commission from that county;
(8) employ an executive director and such other personnel as may be necessary for the Board to fulfill its duties and responsibilities;
(9) file reports on its activities annually, with such recommendations as may be appropriate, to the Governor and General Assembly;
(10) continue the special schools training program for new and expanding industry and business, closely coordinated with the state's economic development efforts;
(11) accept and administer federal funds provided to the State through the Job Training Partnership Act or succeeding programs;
(12) in accordance with memoranda of agreement with the South Carolina State Board of Education, beginning with the 1986-87 school year, accept and administer federal funds allocated to the State and required to be used for adult vocational training and retraining;
(13) assure leadership in education and training among state agencies in aiding businesses and industries faced with the curtailment or the reduction of their work force and assist displaced employees and welfare recipients in assessing their educational needs and providing education and training to meet those needs."
State funds
SECTION 10. Section 59-53-57 of the 1976 Code, which was added by the provisions of Act 654 of 1976, is amended to read:
"Section 59-53-57. State funds for the South Carolina Technical Education System must be appropriated to the Board by the General Assembly and funds budgeted for the technical institutions must be allocated in a uniform and equitable manner. Monies appropriated for special schools must be retained at the state level and expended upon recommendation of the Board. The Board and all institutions under its direction shall use prescribed statewide accounting and budgeting systems which shall account for all revenues and expenditures regardless of sources of funds and purposes for which expended. The systems shall include provisions to identify specific revenues with the specific expenditures to which they relate when the fund source so requires.
Monies appropriated for short-term and innovative training must be used to provide short-term skill training and innovative, collaborative training utilizing the technical education system and vocational education system, for retraining displaced workers and farmers, for upgrading employees to handle changes in their jobs, and for training the unemployed. A Private Job Training Review Committee is hereby created to provide advice on plans for the utilization of short-term adult funds. The Committee consists of seven members, three appointed by the Governor, two by the State Board of Education, and two by the State Board for Technical and Comprehensive Education. The members must be appointed from the private sector.
These members so appointed shall serve for terms of three years and until their successors are appointed and qualify; provided, that of those members first appointed, two shall serve initial terms of one year each, two shall serve initial terms of two years each, and three shall serve initial terms of three years each, the initial term of each member to be determined by lot at the first meeting of the committee. Vacancies must be filled by appointment for the remainder of the unexpired term in the same manner of original appointment. The members of the committee shall elect a chairman and those other officers as they consider necessary. Two existing persons assigned from the Department of Education and two existing persons assigned from the State Board for Technical and Comprehensive Education shall provide an operational staff for the Private Job Training Review Committee during the interim between meetings."
Area occupational training advisory committee
SECTION 11. (A) An area occupational training advisory committee is created for each of the service areas presently established by the State Board for Technical and Comprehensive Education for the various technical colleges. The purpose of the Area Occupational Training Advisory Committee is to increase coordination, articulation, and effectiveness among the various vocational, technical, occupational, and adult education and economic development programs in that area.
(B) Each area occupational training advisory committee will have the responsibility of assuring that each area technical college commission and appropriate local school boards shall enter into memoranda of agreement that will demonstrate the following:
(1) cooperation between the technical college and the vocational school in the planning and delivery of adult vocational education;
(2) articulation of secondary vocational courses to post-secondary courses in the curricula of the technical college;
(3) coordination among local boards with other local community agencies, literacy councils, private and nonprofit groups in planning and delivering adult basic education, adult secondary education, and literacy programs.
(C) The membership of each area occupational training advisory committee is as follows:
(1) two private sector representatives from the area technical college commission appointed by the State Board for Technical and Comprehensive Education;
(2) two professional representatives from the area technical college appointed by the State Board for Technical and Comprehensive Education;
(3) one private sector representative from the governing or advisory board for vocation education programs in the area appointed by the State Board of Education;
(4) one faculty member or administrator for vocational education programs in the area, appointed by the State Board of Education;
(5) two school superintendents in the area, appointed by the State Board of Education;
(6) two private sector representatives from the area appointed by the Coordinating Council for Economic Development;
(7) two private sector representatives from the area appointed by the Governor.
(D) With the joint approval of the State Board for Technical and Comprehensive Education, the State Board of Education, and Coordinating Council for Economic Development, an area occupational job training advisory committee may expand its membership in the manner approved by these boards or councils in order to respond to particular local needs.
(E) Each advisory committee shall elect a chairman and such other officers as they consider necessary, the chairman to be elected from among the private sector representatives on the committee. Each committee must meet within ninety days following the effective date of this act and the Governor's Office working through the state technical education system and the Department of Education shall convene the first meeting.
(F) Committee and staff expenses must be paid by the technical college within the service area.
(G) Vacancies on each advisory committee must be filled by appointment in the same manner of original appointment.
(H) The members of each area advisory committee so appointed shall serve until the advisory committee is dissolved as provided in this section.
(I) Each area occupational advisory committee must prepare a written report analyzing the cooperation, articulation, and coordination achieved in the memoranda of agreement between technical college commissions and local school boards. The written report must be completed and provided to the State Occupational Training Advisory Committee, the State Board of Education, the State Board for Technical and Comprehensive Education and the affected technical college commission and local school board within sixty days after the execution of the memoranda of agreement. The written report shall contain minority or dissenting views of members of the area occupational advisory committee, if any.
(J) The area occupational advisory committees herein established are dissolved two years after the effective date of this act.
Memoranda of agreement
SECTION 12. (A) To assure a coordinated and articulated local delivery of vocational, technical, and adult basic and adult secondary education and job training, each local technical college commission and local school boards within each service area, as presently established by the State Board for Technical and Comprehensive Education for the various technical colleges, shall enter into memoranda of agreement that must demonstrate the following:
(1) cooperation between the technical college and the vocational school in the planning and delivery of adult vocational education;
(2) articulation of secondary vocational courses to post-secondary courses in the curricula of the technical colleges;
(3) coordination among local boards, other local community agencies, literacy councils, private and nonprofit groups in planning and delivering adult basic education, adult secondary education, and literacy programs.
(B) Any technical college commission or local school board that fails to enter into memoranda of agreement which substantially agree with the provisions of this act within two years of the effective date of this act shall not receive further state funding for post-secondary or secondary vocational education until such time as memoranda of agreement that substantially agree with this act have been executed.
Criteria for annual report
SECTION 13. Each state agency offering vocational, technical, occupational, or adult basic and adult secondary education programs shall include in its annual report at least the following:
(1) a summary of students or clients served each year and the cost per student served each year of the training or educational programs;
(2) the completion and placement rate and further education of students enrolled in vocational, technical, and occupational training and the completion and further education of students enrolled in adult basic and adult secondary education programs;
(3) the number of new programs started with an assessment of future job opportunities;
(4) the number of programs discontinued;
(5) the effectiveness of coordination efforts among education and training entities;
(6) the effectiveness of articulation efforts with other education and training entities;
(7) the effectiveness of the coordination of the training or education program to economic development efforts in each area of the State and the State as a whole;
(8) the degree to which unserved or underserved clients or areas previously identified are now being served or referred to other entities for service including the effectiveness of the training and education programs to assist public assistance clients and at-risk youth to move into the work force;
(9) a summary report of follow-up studies reflecting employer satisfaction and earnings rate of a sample of persons completing various educational and training programs and students participating in cooperative education programs.
Time effective
SECTION 14. This act shall take effect upon approval by the Governor.