Current Status Introducing Body:House Bill Number:3612 Primary Sponsor:Richardson Committee Number:21 Type of Legislation:GB Subject:Early Childhood Development and Academic Assistance Act Residing Body:House Current Committee:Education and Public Works Companion Bill Number:329 Computer Document Number:CYY/15197SD.93 Introduced Date:19930303 Last History Body:House Last History Date:19930303 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Richardson Moody-Lawrence Keyserling Simrill Quinn Wilkins Cato Graham Haskins Hutson J. Bailey Trotter Robinson McTeer Meacham Law Clyborne Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3612 House 19930303 Introduced, read first time, 21
referred to Committee
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TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, AS AMENDED, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.
Whereas, the national education goals call for all children to be ready for school by the year 2000; and
Whereas, those goals also call for all students to have mastered challenging subject matter by grades four, eight, and twelve and for a ninety percent high school graduation rate; and
Whereas, those goals can only be attained in South Carolina through a concerted effort to ensure that children enter school with a firm foundation of support for learning, and that once in school they receive the assistance they need to move from grade to grade with their peers; and
Whereas, the Education Improvement Act of 1984 and Target 2000 have allowed South Carolina to move forward toward those goals and experience with the EIA has shown a need for even greater emphasis on the act's purposes of preparation for school and assistance to students with academic difficulties that is flexible and maintains them on grade level. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) This act is known and may be cited as the Early Childhood Development and Academic Assistance Act of 1993.
(B) It is the purpose of the General Assembly in this act:
(1) to place an emphasis on early childhood education and prevention while promoting assistance for students at every grade level which is more flexible and tailored to individual needs and learning styles;
(2) to focus the State's resources on effective prevention of academic problems;
(3) to establish the expectation that by providing extra assistance and learning time immediately when needed by the student and as needed by the student all children will be prepared for the fourth grade and all students will graduate from high school with their peers;
(4) to promote the advancement of developmentally appropriate curriculum and coordinated programs from preschool through grade three which are supportive of the curriculum for grades four through twelve; and
(5) to allow districts and schools greater flexibility in providing targeted, coordinated programs of student assistance.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-139-10. Beginning in fiscal year 1995-96 in the annual general appropriations act, the General Assembly shall determine an appropriation level for the academic assistance initiative. The State Board of Education shall promulgate regulations to implement a system to provide a pro rata matching of the weighted pupil units pursuant to Section 59-20-40 to the pupils in the districts of the State who are in:
(1) kindergarten through grade three who are eligible for the federal free and reduced price lunch program at a weight of .26;
(2) in grades four through twelve who score below minimum basic skills act standards in reading, mathematics, or writing, or their equivalent, at a weight of .114.
Funds generated by kindergarten through grade three students must be used by the districts and schools to provide assistance to any student in these grades experiencing academic difficulties. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by each student. Based upon the district and school plans provided for in Section 59-139-20, a portion of these funds may be used to support other components of the early child development initiative in order to better prepare children for entering school. Further, districts may request a waiver from the State Board of Education to use a portion of the funds generated by students in kindergarten through grade three for students in grades four through twelve, if such a change promotes better coordination of state and federal funds provided for programs for these children.
Funds generated by students in grades four through twelve must be used to assist any student experiencing academic difficulties with an emphasis on assistance at the time of need and on accelerating the progress of students performing below their peers. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by the student. Enhanced opportunities for learning must be emphasized. In reviewing the districts' plans provided for in Section 59-139-20, the State Board of Education shall stress district and school flexibility in addressing student needs.
Section 59-139-20. (A) The State Board of Education, through the Department of Education and in consultation with the Select Committee, shall develop and implement regulations requiring that beginning in school year 1993-94 and continuing through school year 1994-95, each school district, in coordination with its schools, and each school in the district shall design a comprehensive, long-range plan with annual updates to carry out the purposes of this chapter. To that end, the plans shall:
(1) establish an early childhood initiative which integrates the planning and direction of the half-day program for four-year-olds as provided by law, the parenting program, established in Section 59-1-450, school practices in kindergarten through grade three, and any other federal, state, or district programs for preschool children in the district in order to better focus on the needs of this student population;
(2) develop an academic assistance initiative to support students with academic difficulties in grades four through twelve with academic difficulties so they are able to progress academically and move through school with their peers; and
(3) provide staff training, upon appropriation of funds by the General Assembly for this purpose, to prepare and train teachers and administrators in the teaching techniques and strategies needed to implement the district and school plan.
(B) The State Board of Education shall establish criteria by regulation for the comprehensive plan and the annual updates to be prepared by each district and school so that the plans address, but are not limited to, the interrelationship of the various components of the early child development initiative and the academic assistance initiative, strategies to be implemented for expanding and improving early child development activities, plans for accelerating the performance of students performing below their peers, methods of assessing the efficacy of these strategies, and the coordination of the strategies with federally funded programs. However, in every instance, district and school plans must be based on strategies found to be effective in education research. Activities and strategies shown by research to be less effective may not be funded under Section 59-139-10.
(C) The design for the early child development initiative must include:
(1) the formation and implementation of the parenting/family literacy component which addresses, but is not limited to, collaboration with health and human service agencies, and adult education programs, as well as the other components of the early child development initiative;
(2) the development and implementation of a developmentally appropriate curriculum from early childhood education through grade three. Among the options available to districts and schools to address student needs are: tutorials, multiage grouping for four and five-year-olds, reduction in kindergarten pupil-teacher ratios, expanded kindergarten day, assistance after school hours, on weekends, or in summer programs, additional slots in the half-day program, and programs for three-year-olds; and
(3) the establishment of activities for assisting children and their parents with the transitions between the various levels of schooling and phases of education.
(D) The design for the academic assistance component must address alternatives to year-long and pull-out remediation of students experiencing academic difficulties. Among the options available to districts and schools are: tutorials, class acceleration, extended day programs, and summer assistance. Districts and schools may choose to target resources in certain grade levels or areas of learning but must have academic assistance plans both for preschool through grade three and for grades four through twelve.
(E) The school improvement council established in Section 59-20-60 shall assist in the development of the school plan required by this section and the plan and the annual updates must be a part of the school improvement report.
(F) Districts desiring to use the funds available for school year 1994-95 to begin implementing an early childhood initiative and the academic assistance initiative may request approval from the State Board of Education and for needed waivers from regulation, if the district has implemented a planning process consistent with the intent of this chapter and the district plan meets the criteria established for this section.
Section 59-139-30. By December, 1993, the State Board of Education, through the Department of Education and in consultation with the Select Committee, shall develop criteria for the monitoring of the district and school plans and the implementation of the plans required in this chapter.
Section 59-139-40. By September, 1993, the Department of Education shall develop a plan for review and approval by the State Board of Education and the Select Committee for providing technical assistance to districts in designing their overall plans and implementing those plans, including compiling and disseminating research on effective practice and contracting with recognized groups for providing expertise to the districts and schools in the areas addressed by this chapter.
Section 59-139-50. The State Board of Education, through the State Department of Education and in consultation with the Select Committee, shall establish an assessment process to evaluate the degree to which the purposes of this chapter are met. To that end, the State Board of Education, through the Department of Education shall:
(1) develop or adapt a developmentally appropriate assessment program to be administered to all public school students at the end of grade three that is designed to measure a student's strengths and weaknesses in skills required to perform academic work considered to be at the fourth grade level. Information on each student's progress and on areas in need of improvement must be provided to the student's parent and fourth grade teacher. Aggregated information on student progress must be given to the students' kindergarten through third grade schools so that weaknesses in the schools' academic programs can be addressed;
(2) review the performance of students on the eighth grade basic skills assessment test and performance on the exit examination pursuant to Section 59-30-10, or their equivalent, for progress in meeting the skill levels required by these examinations. Student data must be aggregated by the schools the students attended so that programs weaknesses can be addressed;
(3) review the data on students overage for grade in each school at grades four and nine;
(4) monitor the performance of schools and districts so that continuing weaknesses in the programs preparing students for the fourth grade, ninth grade, and exit examination shall receive special assistance from the Department of Education; and
(5) propose other methods or measures for assessing how well the purposes of this chapter are met.
Section 59-139-60. The half-day program for four-year-old children established in Section 59-19-340, must be maintained at no less than the 1993-94 level in each school district as funded by the General Assembly."
SECTION 3. Section 59-1-450 of the 1976 Code is amended to read:
"Section 59-1-450. Upon the appropriation of funds by the General Assembly for this purpose, the State Department of Education is directed to review programs which are effective in providing The State Board of Education, in consultation with the Select Committee, shall promulgate regulations for establishing parenting/family literacy programs to support parents support in their role as the principal teachers of their preschool children. The purpose of the review is for the State Board of Education to select or adapt a program or programs, after consultation with the Select Committee, for pilot testing in South Carolina during 1989-90 and 1990-91. The selected or adapted The programs must provide parent education to parents and guardians who have children ages birth through five years and who choose to participate in the programs and must include intensive and special efforts to recruit parents or guardians whose children are at risk for school failure. The program or programs also should include developmental screening for children and offer parents of children from birth through five years opportunities to improve their education if the parents do not possess a high school diploma or equivalent certificate.
After pilot testing, the The State Board of Education, after consultation with the Select Committee, shall promulgate regulations to implement parent education parenting/family literacy programs in all school districts or consortia of school districts. Implementation of the programs in the districts must be phased in over three years. Priority must be given to serving those parents whose children are considered at-risk for school failure according to criteria established by the State Board of Education. From funds appropriated for the programs, those parenting programs funded under the Target 2000 act shall receive priority in funding for fiscal years 1993-94 and 1994-95 and must be funded at no less than the level received in fiscal year 1992-93 in order to provide technical assistance to other districts and schools planning and implementing parenting/family literacy programs.
Beginning in fiscal year 1995-96 for districts with Target 2000 act parenting programs and in fiscal year 1994-95 for all other school districts and district consortia, funding must be allocated to districts and consortia serving more than two thousand five hundred pupils on a base amount of not less than forty thousand dollars with any additional appropriation to be distributed based on the number of free and reduced lunch eligible students in grades one through three in a district or consortium relative to the total free and reduced lunch eligible students in grades one through three in the State. each school district must be allocated an amount determined by computing the percentage of all families with children ages birth through five years served statewide as compared with those families who are served by the school district and multiplying this percentage by the total statewide appropriation for the program.
The programs developed in each district and consortium shall draw upon lessons learned from parenting programs funded under this section during 1992-93.
An evaluation of the programs pilot-tested shall be provided by March 1, 1991, and of all implemented programs by December first annually thereafter to the Select Committee and Business-Education Subcommittee.
Regulations of the State Board of Education causing parent education programs to be implemented in the school districts must allow districts to develop or select an alternative program for implementation in the district, if the program meets criteria for initial approval by the board. The board's criteria for initial approval must include a requirement that school districts develop an evaluation component for the program which is acceptable to the board or its designee. To continue to use an alternative program, a school district must demonstrate the success of the program in accordance with the approved evaluation component. A school district using an alternative program must receive an allocation from the appropriation by the General Assembly for this program which is equal to the allocation the district would receive if the district used the program or programs selected or adapted by the board.
The State Board of Education, through the Department of Education, in developing the regulations for this program shall consult with representatives of the Department of Education, Department of Health and Environmental Control, Department of Social Services, and Health and Human Services Finance Commission, and with adult education and early childhood specialists. In developing the regulations, the State Board shall consider the guidelines developed for the Target 2000 act parenting programs and any available evaluation data.
By December, 1993, the Human Services Coordinating Council shall report to the Select Committee and the Joint Committee on Children ways to better coordinate programs for parenting and literacy and recommend changes to state regulations or provisions of law which would better promote coordination of programs. The Department of Health and Environmental Control, the Department of Social Services, and the Health and Human Services Finance Commission shall direct their employees to cooperate with school district officials in establishing parenting/family literacy programs."
SECTION 4. Section 59-5-65(8) of the 1976 Code is amended to read:
"(8) Develop and implement regulations requiring all school districts to provide at least one-half day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. These programs must be developed in consultation with the Interagency Coordinating Council on Early Childhood Development and Education. The Interagency Coordinating Council shall consult with the Advisory Committee for Early Childhood Education in developing proposals to submit for State Board of Education consideration. If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children in the `high-risk' category by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on appropriate performance measures. the readiness test and the BSAP tests administered in grades 1, 2, and 3. The Governor shall initiate the development of a state plan on early childhood development and education to assist the state in providing appropriate services for preschool children. This plan must be completed by July 1, 1985.
School districts without an early childhood development program during the 1988-89 school year may obtain a waiver from the regulation requiring provision of a program. The waiver may be granted by the State Board of Education for one year, if a school district is unable to implement a program because of unavailability of classroom space and other facilities, including appropriate facilities which may be rented by the school district at a reasonable fee. School districts which are unable to implement a program because of a lack of district facilities may use a portion of the district's allocation under this program to rent appropriate space for one year. The portion of the district's allocation which may be used for rent must be determined by the State Board of Education in conjunction with the School Board of Trustees."
SECTION 5. Section 59-20-40(1)(c) of the 1976 Code is amended to read:
"(c) Weightings, used to provide for relative cost differences, between programs for different students are established in order that funds may be equitably distributed on the basis of pupil needs. The criteria for qualifications for each special classification must be established by the State Board of Education according to definitions established in this article and in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this section must be used to fund programs approved by the State Board of Education. Pupil data received by the Department of Education is subject to audit by the department. Cost factors or weightings are as follows:
Pupil Classification Weightings
(1) Kindergarten pupils 1.30
(2) Primary pupils (grades 1
through 3) 1.24
(3) Elementary pupils (grades
4 through 8) -- base
students 1.00
(4) High school pupils (grades 9
through 12) 1.25
Special Programs for Exceptional
Students Weightings
(5) Handicapped 1.74
a. Educable mentally
handicapped pupils
b. Learning disabilities pupils
(6) Handicapped 2.04
a. Trainable mentally
handicapped pupils
b. Emotionally handicapped pupils
c. Orthopedically handicapped pupils
(7) Handicapped 2.57
a. Visually handicapped pupils
b. Hearing handicapped pupils
(8) Speech handicapped pupils 1.90
(9) Homebound pupils 2.10
Vocational Technical Programs Weightings
(10) Pre-vocational 1.20
(11) Vocational 1.29
Add-on Weights for Compensatory and Remediation Early Childhood Development and Academic Assistance Weightings
(12) Grades 1-6 Compensatory
Early Childhood Development 0.39 0.26
(13) Grades 2-6 Remediation
Academic Assistance 0.10 0.114
(14) Grades 7-12 Remediation 0.12
Adult Education
(15) (14) Adult education 0.15
No local match is required for adult education and the number of weighted pupil units funded depends on funding available from the general fund of the State, and the Education Improvement Act of 1984 Fund.
Each student in the State must be counted in only one of the first eleven pupil classifications. Students shall generate funds for early childhood development and academic assistance in accordance with Section 59-139-10. Students determined to need compensatory instruction and remediation must be counted additionally under the twelfth through fourteenth classification. If a student is determined not to meet minimum standards in reading, mathematics, or writing of the Basic Skills Assessment Act or is "not ready" for first grade, and qualifies under state department regulations, a pupil may be counted once for each area for the purposes of calculating the district's remedial weighted pupil units. The State Board of Education must determine the qualifications for each classification in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, 59-53-1900, and Chapter 30 of this title. The program for each classification must meet specifications approved by the State Board of Education.
School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of .25 for supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40."
SECTION 6. Section 59-3-90 of the 1976 Code is amended to read:
"Section 59-3-90. During the 1984-85 1993-94 school year the State Department of Education shall develop or select provide recommendations and assist districts in conducting in-service training programs for teachers based on the findings and research it derives from the study of effective schools and classrooms and from district plans developed in accordance with Section 59-139-20. All of the school districts of this State must have implemented the an on-going, long-range in-service training programs in support of effective schools and classrooms and as indicated by district plans no later than by the 1986-87 1994-95 school year."
SECTION 7. Section 59-19-340 of the 1976 Code is amended to read:
"Section 59-19-340. The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before November first of the applicable school year in child development programs. The board of trustees of school districts having may establish and provide programs serving three and four-year-olds on the date of enactment of this section may continue to serve three-year-old four-year-old children."
SECTION 8. Section 59-5-65 of the 1976 Code is amended by deleting item (9).
SECTION 9. Section 59-20-40 of the 1976 Code is amended by deleting item (7).
SECTION 10. Sections 59-65-410 through 59-65-460 of the 1976 Code are repealed.
SECTION 11. This act takes effect upon approval by the Governor.