South Carolina General Assembly
115th Session, 2003-2004

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A195, R229, S154

STATUS INFORMATION

General Bill
Sponsors: Senator Giese
Document Path: l:\council\bills\bbm\9355sl03.doc

Introduced in the Senate on January 14, 2003
Introduced in the House on April 2, 2003
Last Amended on March 17, 2004
Passed by the General Assembly on March 24, 2004
Governor's Action: April 26, 2004, Vetoed
Legislative veto action(s): Veto overridden

Summary: Education certification, fingerprinting and background checks, revisions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    1/8/2003  Senate  Prefiled
    1/8/2003  Senate  Referred to Committee on Education
   1/14/2003  Senate  Introduced and read first time SJ-85
   1/14/2003  Senate  Referred to Committee on Education SJ-85
   3/25/2003  Senate  Committee report: Favorable with amendment Education SJ-3
   3/27/2003  Senate  Amended SJ-78
   3/27/2003  Senate  Read second time SJ-78
    4/1/2003  Senate  Read third time and sent to House SJ-9
    4/2/2003  House   Introduced and read first time HJ-14
    4/2/2003  House   Referred to Committee on Education and Public Works HJ-14
    3/3/2004  House   Committee report: Favorable with amendment Education and 
                        Public Works HJ-2
   3/16/2004  House   Amended HJ-16
   3/16/2004  House   Read second time HJ-17
   3/17/2004  House   Read third time and returned to Senate with amendments 
                        HJ-15
   3/17/2004  Senate  House amendment amended SJ-32
   3/17/2004  Senate  Returned to House with amendments SJ-32
   3/18/2004          Scrivener's error corrected
   3/24/2004  House   Concurred in Senate amendment and enrolled HJ-15
   4/20/2004          Ratified R 229
   4/26/2004          Vetoed by Governor
    5/5/2004  Senate  Veto overridden by originating body Yeas-46 Nays-0 SJ-4
    5/6/2004  House   Veto overridden Yeas-96  Nays-1 HJ-95
   5/14/2004          Copies available
   5/14/2004          Effective date See Act for Effective Date
   5/18/2004          Act No. 195

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/8/2003
3/25/2003
3/27/2003
3/3/2004
3/16/2004
3/17/2004
3/18/2004


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A195, R229, S154)

AN ACT TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A TEACHER EDUCATION PROGRAM MUST BE ADVISED BY THE COLLEGE OR UNIVERSITY THAT HIS PRIOR CRIMINAL RECORD COULD PREVENT HIS TEACHER CERTIFICATION, PROVIDE THAT BEFORE BEGINNING FULL-TIME CLINICAL TEACHING EXPERIENCE A PERSON SHALL UNDERGO A STATE AND NATIONAL CRIMINAL RECORDS CHECK TO BE REVIEWED BY THE STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, PROVIDE THAT THE COSTS ASSOCIATED WITH THE FBI BACKGROUND CHECKS ARE THOSE OF THE APPLICANT, PROVIDE THAT THE INFORMATION COULD AFFECT HIS FITNESS TO TEACH AND THAT HE MAY BE DENIED THE OPPORTUNITY TO COMPLETE HIS CLINICAL TEACHING EXPERIENCE, PROVIDE THAT A TEACHER EDUCATION CANDIDATE MAY REQUEST RECONSIDERATION AFTER ONE YEAR, AND PROVIDE THAT A GRADUATE OF A TEACHER EDUCATION PROGRAM APPLYING FOR INITIAL TEACHER CERTIFICATION MUST HAVE COMPLETED THE FBI FINGERPRINT PROCESS WITHIN EIGHTEEN MONTHS OF FORMALLY APPLYING; AND TO REPEAL SECTIONS 59-3-50, 59-3-60, AND 59-3-70, ALL RELATING TO STATISTICAL REPORTS REQUIRED BY THE SUPERINTENDENT OF EDUCATION.

Be it enacted by the General Assembly of the State of South Carolina:

Criminal records check, cost, timeline

SECTION     1.    Section 59-25-115 of the 1976 Code, as added by Act 387 of 1990, is amended to read:

"Section 59-25-115.    (A)    A    person enrolled in a teacher education program in South Carolina must be advised by the college or university that his prior criminal record could prevent certification as a teacher in this State in accordance with State Board of Education guidelines.

(B)    Before beginning full-time clinical teaching experience in this State, a teacher education candidate shall undergo a state criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints by the Federal Bureau of Investigation. The cost associated with the FBI background checks are those of the applicant. Information reported relative to prior arrests or convictions will be reviewed by the State Department of Education, and the State Board of Education when warranted, according to board guidelines. A teacher education candidate with prior arrests or convictions of a serious nature that could affect his fitness to teach in the public schools of South Carolina may be denied the opportunity to complete the clinical teaching experience and qualify for initial teacher certification. An individual who is denied this opportunity as a result of prior arrests or convictions, after one year, may request reconsideration under guidelines established by the State Board of Education.

(C)    A graduate of a teacher education program applying for initial teacher certification must have completed the FBI fingerprint process within eighteen months of formally applying for initial teacher certification or the fingerprint process must be repeated."

Repeal

SECTION    2.    Sections 59-3-50, 59-3-60, and 59-3-70 of the 1976 Code are repealed.

Time effective

SECTION    3.    This act takes effect on January 1, 2005, and applies to candidates seeking to complete the clinical teaching experience in the spring of 2005 and subsequent semesters.

Ratified the 20th day of April, 2004.

Vetoed by the Governor -- 4/26/04.

Veto overridden by Senate -- 5/5/04.

Veto overridden by House -- 5/6/04.

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This web page was last updated on Monday, December 7, 2009 at 10:14 A.M.