Current Status Bill Number:3725 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970326 Primary Sponsor:Townsend All Sponsors:Townsend, Walker, Harrell, Kirsh, Woodrum, Gamble, Hinson, Rodgers, Stille, Kelley, Allison, Spearman, Barrett, Martin, Leach and Littlejohn Drafted Document Number:bbm\9273sd.97 Companion Bill Number:559 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Teachers, evaluation of; manner in which assisted, certified, employed and evaluated revised; School districts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970326 Introduced, read first time, 21 HEPW
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-26-10 of the 1976 Code is amended to read:
"Section 59-26-10. It is the intent of this chapter to provide for a fair, and cohesive, and comprehensive program system for the training, certification, initial employment, and evaluation, and continuous professional development of public educators in this State. The following guidelines, which further constitute the intent of this chapter shall must be adhered to by all state and local officials, agencies, and boards in interpreting and implementing the provisions of this chapter so that the program system provided for herein shall:
(a) upgrade the standards for educators in this State in a fair, professional, and reasonable manner.;
(b) assure that prospective teachers have basic reading, mathematics, and writing skills.;
(c) improve the educator training programs and the evaluation procedures for those programs.;
(d) insure assure that prospective teachers know and understand their teaching areas and are given assistance toward the achievement of their potential.;
(e) Enable the use of evaluation standards that will aid in determining whether beginning teachers can apply fundamental teaching skills in the classroom assure that school districts implement a comprehensive system for assisting, developing, and evaluating teachers employed at all contract levels."
SECTION 2. Section 59-26-20 of the 1976 Code, as last amended by Act 282 of 1992, is further amended to read:
"Section 59-26-20. The State Board of Education, through the State Department of Education, and the Commission on Higher Education shall:
(a) develop and implement a plan for the continuous evaluation and upgrading of standards for program approval of undergraduate and graduate education training programs of colleges and universities in this State.;
(b) adopt policies and procedures which result in visiting teams with a balanced composition of teachers, administrators, and higher education faculties.;
(c) establish program approval procedures which shall assure that all members of visiting teams to review and approve undergraduate and graduate education programs have attended training programs in program approval procedures within two years prior to service on such teams.;
(d) render advice and aid to departments and colleges of education concerning their curricula, program approval standards, and results on the examinations provided for in this chapter.;
(e) adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students successfully complete the basic skills examination that is developed in compliance with this act chapter before final admittance into the undergraduate teacher education program. These program approval standards shall include, but not be limited to, the following:
(1) A student initially may initially take the basic skills examination during his first or second year in college.
(2) Students may be allowed to take the examination no more than three four times.
(3) If a student has not passed the examination, he may not be conditionally admitted to a teacher education program after December 1, 1996. Such admittance shall not exceed one year. If he has not passed the examination within one year of the conditional admittance he shall not continue in the teacher education program. After December 1, 1996, any person who has failed to achieve a passing score on all sections of the examination after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person shall first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination then may be given to this person. If the person fails to pass the examination after the third attempt, after a period of three years, he may take the examination or any sections not passed for a fourth time under the same terms and conditions provided by this section of persons desiring to take the examination for a third time.
Provided, that in addition to the above approval standards, beginning in 1984-85, additional and upgraded approval standards must be developed, in consultation with the Commission on Higher Education, and promulgated by the State Board of Education for these teacher education programs.
(f) administer the basic skills examination provided for in this section two three times per a year.;
(g) report the results of the examination to the colleges, universities, and student in such form that he will be provided specific information about his strengths and weaknesses and given consultation to assist in improving his performance.;
(h) adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students pursuing courses leading to teacher certification successfully complete one semester of student teaching and other field experiences and teacher development techniques directly related to practical classroom situations.;
(i) adopt program approval standards whereby each student teacher shall must be evaluated and assisted at least three times by a representative or representatives of the college or university in which the practice student teacher is enrolled. The evaluation instrument to be used shall be the instrument developed for this purpose in compliance with Section 59-26-30 Evaluation and assistance processes shall be locally developed or selected by colleges or universities in accordance with State Board of Education regulations. Processes shall evaluate and assist student teachers based on the criteria for teaching effectiveness developed in accordance with this chapter. All observers college and university representatives who use are involved in the evaluation instrument and assistance process shall receive reliability appropriate training as defined by State Board of Education Regulations. The college or university in which the practice student teacher is enrolled shall make available assistance, training, and counseling to the student teacher to overcome the any identified deficiencies.;
(j) Cooperate with the special project and the Educator Improvement Task Force created by this chapter. the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. The loan must be canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the loan must be canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The select committee shall review the loan program annually and report to the General Assembly.;
(l)(k) for special education in the area of vision, adopt program approval standards for initial certification and amend the approved program of specific course requirements for adding certification so that students receive appropriate training and can demonstrate competence in reading and writing braille.;
(m)(l) adopt program approval standards so that beginning with the 1991-92 school year students, who are pursuing a program in a college or university in this State which leads to certification as instructional or administrative personnel, shall complete successfully training and teacher development experiences in teaching higher order thinking skills.;
(n)(m) adopt program approval standards so that beginning with the 1991-92 school year, programs in a college or university in this State which lead to certification as administrative personnel, must include training in methods of making school improvement councils an active and effective force in improving schools.;
(o)(n) the Commission on Higher Education in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a Governor's Teaching Scholarship Loan Program to provide talented and qualified state residents loans not to exceed five thousand dollars a year to attend public or private colleges and universities for the purpose of becoming certified teachers employed in the public schools of this State. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest on the loan canceled if he becomes certified and teaches in the public schools of this State for at least five years. The loan is canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in a public school. However, beginning July 1, 1990, the loan is canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area as defined annually by the State Board of Education. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation or deferment of the loan on time, or noncompliance by a borrower with the purpose of the loan, the entire unpaid indebtedness plus interest is, at the option of the commission, immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program must be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose of making additional loans. Appropriations for loans and administrative costs must come from the Education Improvement Act of 1984 Fund, on the recommendation of the Commission on Higher Education to the State Treasurer, for use by the corporation. The select committee shall review this scholarship loan program annually and report its findings and recommendations to the General Assembly. For purposes of this item, a 'talented and qualified state resident' includes freshmen students who graduate in the top ten percentile of their high school class, or who receive a combined verbal plus mathematics Scholastic Aptitude Test score of at least eleven hundred and enrolled students who have completed one year (two semesters or the equivalent) of collegiate work and who have earned a cumulative grade point average of at least 3.5 on a 4.0 scale. To remain eligible for the loan while in college, the student must maintain at least a 3.0 grade point average on a 4.0 scale."
SECTION 3. Section 59-26-30 of the 1976 Code, as last amended by Section 13, Part II, Act 194 of 1989, is further amended to read:
"Section 59-26-30. The State Board of Education shall:
(a) Establish a special project under the director who is employed by the Educator Improvement Task Force. Such employees and consultants may be employed by the director as he deems necessary to fulfill the mandates of this chapter. The salary and expenses of the director and other personnel shall be paid out of appropriations for the Department of Education. In considering employment of a director and other personnel, first consideration should be given to persons who have been involved in areas of the testing of teacher and prospective teacher competencies and identification and evaluation of teacher competencies.
(b) Delegate responsibilities to the director that shall include but not be limited to:
(1) Development of selection of a basic skills examination in reading, writing and mathematics that is suitable for determining whether students should be fully admitted into an undergraduate teacher education program. The examination shall be designed so that results can be reported in a form that will provide the colleges, universities and student with specific information about his strengths and weaknesses. Procedures, test questions and information from existing examinations shall be used to the maximum extent in the development of the examination. The examination shall be validated in accordance with current legal requirements. The passing score on the examination shall be set at a level that reflects the degree of competency in the basic skills that, in the judgment of the State Board and Task Force, a prospective school teacher reasonably should be expected to achieve.
(2) Development or selection of South Carolina Teaching Examinations that can measure the cognitive teaching area competencies desired for initial job assignments in typical elementary and secondary schools in this State. The examinations shall contain a minimum amount of common or general knowledge questions. They shall be designed so that results can be reported in a form that will provide a student with specific information about his strengths and weaknesses. Procedures, test questions and information from existing examinations and lists of validated teacher competencies shall be used to the maximum extent in the development of the examinations. An examination that is completely developed by an organization other than the special project may be considered for use as a whole only if the project director and a majority of the members of the Educator Improvement Task Force conclude that the development and maintenance of a specific area test is impractical or would necessitate exorbitant expenses. The examinations shall be validated and ready for use as soon as practical but not later than July 1, 1982. The teaching examinations shall be developed or selected only for those areas in which area examinations of the National Teacher Examinations are not available.
(3) Develop an observational instrument to be used by the local school district to evaluate a teacher during his provisional year of teaching in that form that the results of the evaluation can be used to inform a teacher of his strengths and weaknesses. The State Board of Education shall cause the instrument to be adapted by not later than the beginning of the 1993-94 school year to require specific performance demonstrations of teaching higher order thinking skills in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure. The instrument including the additional observation statements for teaching higher order thinking skills must be validated in accordance with current legal requirements.
(4) Report at least once each month to the Educator Improvement Task Force and provide advice and assistance to the Task Force when it is requested.
(5) Submit all major questions to the Task Force for a decision on each question. When it is impractical to submit a question to the entire Task Force, the director shall consult with the chairman who may provide guidance in the matter.
(6) Develop a training program for observer reliability in using the instrument developed in subsection (b)(3) and develop policies and procedures to insure that all observers who use the instrument have had the reliability training prior to use of the evaluation instrument.
(7) Develop an evaluation instrument to be used by colleges and universities to evaluate all student teachers. The instrument must be developed on the basis of acceptable criteria for teaching effectiveness. The instrument must be designed to provide feedback and assistance to the student teacher regarding any identified deficiencies. Not later than the beginning of the 1993-94 school year, the State Board of Education shall adapt the instrument to include observation statements for teaching of higher order thinking skills in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure.
(c) Cause the basic skills examination, the teacher evaluation instrument and the teaching examinations to be administered on or before July 1, 1982.
(d) Report the results of the teaching examinations to the student in such form that he will be provided specific information about his strengths and weaknesses. Every effort shall be made to report the results of the area examinations and common examinations to the student in such a form that he will be provided specific information about his strengths and weaknesses.
(e) Report to each teacher training institution in the State the performance of the institution's graduates on the teaching examinations. The report to the institution shall be in a form that will assist the institution in further identifying strengths and weaknesses in its teacher training programs.
(f) Award a teaching certificate to any person who successfully completes the scholastic requirements for teaching at an approved college or university and the examination he is required to take for certification purposes.
(g)(1) Establish procedures whereby all persons who teach with provisional contracts shall receive special assistance in carrying out their duties.
(2) Establish a staff development program for persons who teach with provisional contracts.
(3) Establish a procedure whereby each provisional teacher shall be evaluated at least three times each by a representative of the school district. The evaluation instrument to be used shall be the one developed in accordance with this section. All observers who use the instrument shall receive reliability training under the program developed in accordance with this section.
(h) Establish criteria for an acceptable evaluation instrument to be used by school districts to evaluate persons who are teaching under annual and continuing contracts.
(i) From the effective date of this chapter, use the specific teaching area examinations of the National Teacher Examinations for certification purposes. The qualifying scores on the area examinations shall be set at the same level at which they are now set. The qualifying scores may be adjusted if new legal requirements or validity studies indicate such adjustments are necessary.
(1) In an area in which an area teaching examination of the National Teacher Examinations is not available, use the teaching examinations developed in accordance with this section for certification purposes as soon as those examinations are prepared, validated and ready for use.
(2) From the effective date of this chapter until July 1, 1981, or as soon as the teaching examinations are prepared and validated, use the Common Examinations of the National Teacher Examination for certification in those areas in which area teaching examinations of the National Teacher Examinations are not available. The qualifying score on the common examinations shall be set at the same level at which it is now set. The qualifying score may be adjusted if new legal requirements or validity studies indicate such adjustments are necessary.
(3) From the effective date of this act until July 1, 1982, or as soon as the teaching examinations are prepared and validated, use the Common Examinations of the National Teacher Examination for certification in those areas in which area teaching examinations of the National Teacher Examinations are not available. The qualifying score on the common examinations shall be set at the same level at which it is now set. The qualifying score may be adjusted if new legal requirements or validity studies indicate such adjustments are necessary.
(j) Establish procedures whereby each school district shall evaluate periodically in the classroom all certified personnel whose duties include teaching in the classroom. The evaluation instrument to be used in the evaluations must be one that at least meets the criteria established by the State Board of Education as an acceptable instrument. By the beginning of the 1995-96 school year, the State Board of Education shall include in its criteria for an acceptable instrument a requirement that the instrument evaluate teaching higher order thinking skills and problem solving in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure. School districts shall give the results of a teacher's evaluation in writing to the teacher and counsel him concerning his strengths and weaknesses as a teacher. School districts shall use deficiencies identified by the evaluations as a guide to the establishment of individual or group staff development programs.
(k) Establish and promulgate regulations and procedures whereby course credits that may be applied to the recertification requirements of all public school teachers are earned in courses that are relevant to the area in which the teacher is recertified.
(l) Provide appropriate office space, equipment and supplies to the Educator Improvement Task Force.
(m) Provide for the security and integrity of the tests that are administered under the certification program as currently provided by the State Department of Education.
(n) The special project created by this section shall terminate July 1, 1982, and may not be extended except by a vote of two-thirds of the members of the House present and voting and two-thirds of the members of the Senate present and voting. If any of the implementation dates set forth in this chapter are extended by the General Assembly, the termination date of the special project may be extended for the same length of time by a majority vote of the members of the House and a majority vote of the members of the Senate.
(o) Award a conditional teaching certificate to any person eligible to hold a teaching certificate who does not qualify for full certification under Item (f) of Section 59-26-30 provided the person has earned a bachelor's degree from an accredited college or university with a major in a certification area for which the Board has determined there exists a critical shortage of teachers and the person has passed the appropriate teaching examination. The Board may renew a conditional teaching certificate annually for a maximum of three years, if the holder of the certificate shows satisfactory progress toward completion of a teacher certification program prescribed by the Board. In part, satisfactory progress shall be such progress that the holder of a conditional certificate should complete the requirements for full certification within three years of being conditionally certified.
(p) Any person issued a Warrant or Temporary teaching certificate prior to July 1, 1984, who teaches for a period of three years and is recommended for full certification by his most recent school district employer is exempt from all practice teaching requirements.
(A) In the area of cognitive assessments for teachers and teacher certification, the State Board of Education, acting through the State Department of Education, shall:
(1) adopt a basic skills examination in reading, writing, and mathematics that is suitable for determining whether students may be admitted fully into an undergraduate teacher education program. The examination must be designed so that results are reported in a form that shall provide colleges, universities, and students with specific information about his strengths and weaknesses. Procedures, test questions, and information from existing examinations must be validated in accordance with current legal requirements. The passing score on the examination shall be set at a level that reflects the degree of competency in the basic skills that, in the judgment of the State Board of Education, a prospective school teacher reasonably is expected to achieve;
(2) adopt South Carolina teaching examinations that measure the cognitive teaching area competencies desired for initial job assignments in typical elementary and secondary schools in this State. The examinations shall contain a minimum amount of common or general knowledge questions. They shall be designed so that results are reported in a form that provide a student with specific information about the student's strengths and weaknesses. Procedures, test questions, and information from existing examinations and lists of validated teacher competencies are used to the maximum extent in the development of the examinations. An examination that is completely developed by an organization other than the special project may be considered for use as a whole only if the State Board of Education concludes that the development and maintenance of a specific area test is impractical or would necessitate exorbitant expenses. The examinations must be validated. The teaching examinations must be developed or selected only for those areas in which State Board of Education approved area examinations are not available;
(3) use the specific teaching area examinations approved by the State Board of Education for certification purposes. The qualifying scores on the area examinations shall be set at the same level at which they are now set. The qualifying scores may be adjusted if new legal requirements or validity studies indicate the adjustments are necessary. In an area in which an area teaching examination approved by the State Board of Education is not available, the state board shall use the teaching examinations developed in accordance with this section for certification purposes as soon as those examinations are prepared, validated, and ready for use.
(4) report the results of the teaching examinations to the student in written form that provides specific information about the student's strengths and weaknesses. Every effort must be made to report the results of the area examinations and common examinations in written form that provides specific information about the student's strengths and weaknesses.
(5) report to each teacher training institution in the State the performance of the institution's graduates on the teaching examinations. The report to the institution must be in a form that assists the institution in further identifying strengths and weaknesses in its teacher training programs.
(6) provide for the security and integrity of the tests that are administered under the certification program as currently provided by the State Department of Education.
(7) award a teaching certificate to a person who successfully completes the scholastic requirements for teaching at an approved college or university and the examination he is required to take for certification purposes;
(8) award a conditional teaching certificate to a person eligible to hold a teaching certificate who does not qualify for full certification under item (7) above provided the person has earned a bachelor's degree from an accredited college or university with a major in a certification area for which the board has determined there exists a critical shortage of teachers, and the person has passed the appropriate teaching examination. The board may renew a conditional teaching certificate annually for a maximum of three years, if the holder of the certificate shows satisfactory progress toward completion of a teacher certification program prescribed by the board. In part, satisfactory progress is the progress that the holder of a conditional certificate should complete the requirements for full certification within three years of being conditionally certified;
(9) promulgate regulations and procedures whereby course credits that may be applied to the recertification requirements of all public school teachers are earned in courses that are relevant to the area in which the teacher is recertified.
(B) For purposes of assisting, developing, and evaluating professional teaching, the State Board of Education, acting through the State Department of Education shall:
(1) adopt a set of state standards for teaching effectiveness which shall serve as a foundation for all processes used for assisting, developing, and evaluating student teachers, as well as teachers employed under provisional, annual, or continuing contracts;
(2) promulgate regulations to be used by colleges and universities no later than the 1998-99 school year for evaluating and assisting student teachers. Evaluation and assistance programs developed or adopted by colleges or universities shall include appropriate training for all personnel involved in the process. Student teachers shall be provided with guidance and assistance throughout the student teaching assignment, as well as provided with formal written feedback on their performance with respect to state standards for teaching effectiveness;
(3) promulgate regulations to be used by local school districts no later than the 1998-99 school year for providing formalized induction programs for teachers employed under provisional contracts. Induction programs developed or adopted by school districts shall provide teachers with comprehensive guidance and assistance throughout the school year, as well as provide teachers with formal written feedback on their strengths and weaknesses relative to all state standards for teaching effectiveness;
(4) promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting formal evaluations of teachers employed under annual contracts. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified;
(5) promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting evaluations of teachers employed under continuing contracts. Continuing contract teachers must be evaluated at least once every three years. At the discretion of the local school district, evaluations for individual teachers may be formal or informal. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified. Informal evaluations shall be conducted with a goals-based process which requires teachers to accomplish individualized professional development goals. Goals shall be established by the teacher, in consultation with a building administrator and shall be supportive of district strategic plans and school renewal plans;
(6) promulgate regulations so that, beginning with the 1998-99 school year, all college, university, and school district strategies, programs, and processes for assisting, developing, and evaluating teachers pursuant to this section, must be approved by the State Board of Education. Regulations also shall establish procedures for conducting periodic quality reviews of local implementation efforts;
(7) promulgate regulations which establish procedures for the State Department of Education to provide colleges, universities, and school districts with ongoing technical assistance for assisting, developing, and evaluating teachers pursuant to this section;
(8) promulgate regulations and procedures so that, beginning with the 1998-99 school year or until such time as regulations required by this section become effective and, thereafter, school districts shall report to the State Department of Education teacher evaluation results and teaching contract decisions on an annual basis. The State Department of education shall maintain this information and make it available to colleges, universities, and school districts upon request ;
(9) beginning with the 1997-98 school year, the Assessments of Performance in Teaching (APT) shall no longer be used to evaluate student teachers. Until such time as regulations pursuant to this section become effective, colleges and universities shall evaluate and assist student teachers in accordance with State Board of Education guidelines; and.
(10) during the 1997-98 school year, the APT shall no longer be required for evaluating provisional contract teachers. During this year, if school districts are ready to implement a formal induction program for provisional contract teachers, as required by this section, they may do so. If school districts are not ready to implement such a program, they must progress toward developing or adopting a program to be implemented beginning with the 1998-99 school year. In this circumstance, school districts may use the APT. Beginning with the 1998-99 school year, no school district shall use the APT for evaluating provisional contract teachers. Until such time as regulations pursuant to this section become effective, school district strategies, programs, and processes for assisting, developing, and evaluating teachers shall be developed, adopted, and implemented in accordance with State Board of Education guidelines."
SECTION 4. Section 59-26-40 of the 1976 Code is amended to read:
"Section 59-26-40. A person who receives a teaching certificate as provided in Section 59-26-30 may be employed by any school district under a nonrenewable provisional contract. All school districts shall comply with procedures and requirements promulgated by the Board of Education relating to aid, supervision, and evaluation of persons teaching under a provisional contract. All teachers working under a provisional contract must be paid at least the beginning salary on the state minimum salary schedule.
Each school district shall use the evaluation instrument developed in accordance with Section 59-26-30 to observe all provisional teachers at least three times. The results of the observations must be compiled to constitute an evaluation and must be provided to the teacher in writing. Each school district shall give provisional teachers appropriate advice and assistance to help remedy any deficiencies that are detected by the three required observations. The advice and assistance includes, but is not limited to, state procedures and programs developed in accordance with Section 59-26-30. Following this remediation, those teachers who do not initially perform at the level required by the evaluation instrument must be observed three more times and the results of the observations must be compiled to constitute a second evaluation.
At the end of a one-year provisional contract period, the evaluation must be reviewed by the school district to determine if the provisional teacher has performed at the level required by the evaluation instrument. If the evaluation indicates that the provisional teacher has performed in an adequate manner, the teacher is eligible for an annual contract. If the evaluation indicates that the provisional teacher is deficient in teaching ability, the school district may employ the teacher for an additional year under a provisional contract or the district may terminate his employment. If employment is terminated, another school district may employ him under a new one-year provisional contract. No person may be employed as a provisional teacher for more than two years. This paragraph does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During the one-year provisional contract period the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of Title 59 of the 1976 Code do not apply.
After successful completion of the one-year provisional period, a teacher who is fully certified may be employed by any school district under a one-year annual contract. The decision by the school district to continue a teacher's employment beyond an annual contract must be based on written evaluations conducted at least two times annually using an evaluation instrument that at least meets the criteria established by the State Board of Education for an acceptable instrument. Evaluators shall complete a program of reliability training. School districts shall give the results of a teacher's evaluation in writing to the teacher and counsel him concerning his strengths and weaknesses as a teacher. School districts shall use deficiencies identified by the evaluations of teachers on annual contracts as a guide to the establishment of staff development programs.
A teacher may be employed for a maximum of two years under annual contracts. This paragraph does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education.
The teacher failing to receive the annual or continuing contract must not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to reentry as a provisional or annual contract teacher, he must complete six units of credit for certificate renewal and six units of credit for remediation in areas of identified deficiencies. The teacher shall reenter at the contract level which he had attained before dismissal and continue toward the next contract level. The provisions of this paragraph granting an opportunity for reentry into the profession are available to a teacher once, and only once.
A person who receives a conditional teaching certificate as provided in Section 59-26-30 may be employed by a school district under a provisional contract or an annual contract in accordance with the provisions of this section. The holder of a conditional teaching certificate must be employed to teach at least a majority of his instructional time in the subject area for which he has received conditional certification.
After the successful completion of a provisional year and one annual contract, a teacher shall receive a continuing contract and have full procedural rights that currently exist under law relating to employment and dismissal. The provisions of Article 5, Chapter 25, of Title 59 of the 1976 Code and Article 3, Chapter 19, of Title 59 do not apply to teachers working under one-year annual contracts. Teachers working under a one-year annual contract who are not recommended for reemployment at the end of the year may have an informal hearing before the district superintendent. The superintendent shall schedule the hearing no sooner than seven nor later than thirty working days after he receives a request from the teacher for a hearing. At the hearing all of the evidence must be reviewed by the superintendent. The teacher may provide such information, testimony, or witnesses as the teacher considers necessary. The decision by the superintendent must be given in writing within twenty days of the hearing. The teacher may appeal the superintendent's decision to the school district board of trustees. Any appeal shall include a brief statement (1) of the questions to be presented to the board, and (2) wherein the teacher believes the superintendent to have erred in his judgment. Failure to file such an appeal with the board within ten days of the receipt of the superintendent's decision shall cause the decision of the superintendent to become final judgment in the matter. The board of trustees shall review all the materials presented at the earlier hearing and, after examining these materials, the board may or may not grant the request for a board hearing of the matter. Written notice of the board's decision on whether or not to grant the request must be rendered within thirty-five calendar days of the receipt of the request. If the board determines that hearing by the board is warranted, the teacher must be given written notice of the time and place of the hearing which must be set not sooner than seven nor later than fifteen days from the time of the board's determination to hear the matter. The decision of the board is final.
If a person has completed an approved teacher training program at a college or university outside this State and has no teaching experience, he must have the same status as a person who has completed such program at a college or university in this State. If a person has completed an approved teacher training program at a college or university in this State, has passed the examination he is required to take for certification purposes, and has one year of teaching experience, he may be employed by a school district as a provisional teacher. If a person has completed an approved teacher training program at a college or university outside this State, has passed the examination he is required to take for certification purposes, and has more than one year of teaching experience, he may be employed by a school district as one who has completed the one-year provisional period.
When a teacher has been awarded a continuing contract in one district of the State the continuing status is transferable to any other district in the State where the teacher is employed.
Teachers certified under the trades and industrial education certification process are exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university and a provisional contract period. The teachers may be employed by a school district for a maximum of five years under annual contracts prior to being employed under a continuing contract. Before being employed under a continuing contract these teachers shall pass the Basic Skills Examination developed in accordance with Section 59-26-30(b)(1) the state approved skill examination in their area which is currently required, the teaching examination developed in accordance with Section 59-26-30(b)(2), and successfully complete the performance evaluations as required for all teachers who are employed under provisional contracts. Certification renewal requirements for such teachers are those which are promulgated by the State Board of Education.
Prior to the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law-Enforcement Division for past convictions of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490.
(A) A person who receives a teaching certificate as provided in Section 59-26-30 may be employed by a school district under a nonrenewable provisional contract. All school districts shall comply with procedures and requirements promulgated by the State Board of Education relating to aid, supervision, and evaluation of persons teaching under a provisional contract. All teachers working under a provisional contract must be paid at least the beginning salary on the state minimum salary schedule.
(B) Each school district shall provide teachers employed under provisional contracts with a formalized induction program developed or adopted in accordance with State Board of Education regulations.
(C) At the end of the one-year provisional contract period, a teacher shall become eligible for employment at the annual contract level. At the discretion of the local school district in which the provisional teacher was employed, the district may employ the teacher under a one-year annual contract or the district may terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level. No person may be employed as a provisional teacher for more than one year. This subsection does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During the one-year provisional contract period the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of this title do not apply.
(D) Typically, teachers will be employed under annual contracts for two years. Both years are not required to be in the same school district. Annual contract teachers must be evaluated and assisted with a process developed or adopted by the local school district in accordance with State Board of Education regulations. Teachers employed under a second annual contract must also complete an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans.
(E) At the end of a first annual contract year, a school district may terminate a teacher's employment, reemploy a teacher under a second annual contract, or reemploy a teacher under a continuing contract. A teacher shall move to a continuing contract after one annual contract only if, in the opinion of the school district, a teacher's performance during the first annual contract year was sufficiently high to warrant skipping the second annual-contract year. If employment is terminated after the first annual contract, the teacher may seek employment in another school district under a second annual contract.
(F) At the end of a second annual contract year, if a teacher has successfully completed the evaluation process and the professional growth plan, the teacher becomes eligible for employment at the continuing contract level. At the discretion of the school district in which the teacher was employed, the district may employ the teacher under a continuing contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the continuing contract level. If at the end of the second annual contract year a teacher did not successfully complete the evaluation process or the professional growth plan, the teacher may not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to reentry as an annual contract teacher, he must complete six units of credit for certificate renewal and six units of credit for remediation in areas of identified deficiencies. Upon completion of these requirements, the teacher is eligible for employment under annual contracts for up to two additional years to continue toward the next contract level. The provisions of this subsection granting an opportunity for reentry into the profession are available to a teacher only once. This subsection does not preclude the teacher's employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education.
(G) During the annual contract period the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25 of this title do not apply. Teachers working under a one-year annual contract who are not recommended for reemployment at the end of the year may have an informal hearing before the district superintendent. The superintendent shall schedule the hearing no sooner than seven nor later than thirty working days after he receives a request from the teacher for a hearing. At the hearing all of the evidence must be reviewed by the superintendent. The teacher may provide such information, testimony, or witnesses as the teacher considers necessary. The decision by the superintendent must be given in writing within twenty days of the hearing. The teacher may appeal the superintendent's decision to the school district board of trustees.
An appeal shall include:
(1) a brief statement of the questions to be presented to the board and
(2) a brief statement in which the teacher states his belief about how the superintendent erred in his judgment.
Failure to file an appeal with the board within ten days of the receipt of the superintendent's decision shall cause the decision of the superintendent to become the final judgment in the matter. The board of trustees shall review all the materials presented at the earlier hearing, and after examining these materials, the board may or may not grant the request for a board hearing of the matter. Written notice of the board's decision on whether or not to grant the request must be rendered within thirty-five calendar days of the receipt of the request. If the board determines that a hearing by the board is warranted, the teacher must be given written notice of the time and place of the hearing which must be set not sooner than seven nor later than fifteen days from the time of the board's determination to hear the matter. The decision of the board is final.
(H) A person who receives a conditional teaching certificate as provided in Section 59-26-30 may be employed by a school district under a provisional contract or an annual contract in accordance with the provisions of this section. The holder of a conditional teaching certificate must be employed to teach at least a majority of his instructional time in the subject area for which he has received conditional certification.
(I) After successfully completing a provisional contract year, and an annual contract period, a teacher shall become eligible for employment at the continuing contract level. This contract status is transferable to any district in this State. Continuing contract teachers shall have full procedural rights that currently exist under law relating to employment and dismissal. Teachers employed under continuing contracts shall be evaluated at least once every three years. At the discretion of the local district and based on an individual teacher's needs and past performance, the evaluation may be formal or informal. Formal evaluations shall be conducted with a process developed or adopted by the local district in accordance with State Board of Education regulations. The formal process shall also include an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans. Informal evaluations which should be conducted for accomplished teachers who have consistently performed at levels required by state standards, shall be conducted with a goals-based process in accordance with State Board of Education regulations. The professional development goals shall be established by the teacher in consultation with a building administrator and shall be supportive of district strategic plans and school renewal plans.
(J) If a person has completed an approved teacher training program at a college or university outside this State, has met all requirements for certification in this State, and has less than one year of teaching experience, he may be employed by a school district under a provisional contract. If he has one or more years of teaching experience he may be employed by a district under an annual contract.
(K) Teachers certified under the trades and industrial education certification process are exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university. After completing a provisional contract year, the teachers may be employed for a maximum of four years under annual contracts to establish their eligibility for employment as continuing contract teachers. Before being eligible for a continuing contract, these teachers shall pass a basic skills examination developed in accordance with Section 59-26-30, a state approved skill assessment in their area, the teaching examination developed in accordance with Section 59-26-30, and successfully complete the performance evaluations as required for all teachers who are employed under annual contracts. Certification renewal requirements for such teachers are those which are promulgated by the State Board of Education.
(L) Before the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law Enforcement Division for past convictions of any crime.
(M) The State Department of Education shall ensure that colleges, universities, school districts, and schools comply with the provisions established in this chapter."
SECTION 5. Section 59-26-80 of the 1976 Code is repealed.
SECTION 6. This act takes effect upon approval by the Governor.