South Carolina General Assembly
115th Session, 2003-2004

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H. 3276

STATUS INFORMATION

General Bill
Sponsors: Reps. Townsend and Clark
Document Path: l:\council\bills\ggs\22760sd03.doc
Companion/Similar bill(s): 90

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Education and Public Works

Summary: Procedures for school districts rated unsatisfactory

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/14/2003  House   Introduced and read first time HJ-109
   1/14/2003  House   Referred to Committee on Education and Public Works 
                        HJ-109
   1/29/2003  House   Member(s) request name added as sponsor: Clark

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/14/2003

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

A BILL

TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO FURTHER PROVIDE FOR THE MANNER OF FILLING VACANCIES WHEN THE OFFICE OF SUPERINTENDENT IS DECLARED VACANT, AND TO PROVIDE FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD.

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

SECTION    1.    Section 59-18-1580 of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"Section 59-18-1580.    (A)    If recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board of Education, or if student performance has not made the expected progress and the school district is designated as unsatisfactory, the district superintendent and members of the board of trustees must shall appear before the State Board of Education to outline the reasons why a state of emergency should must not be declared in the district.

(B)    The state superintendent, with the approval of the State Board of Education, is granted authority to do any of the following:

(1)    furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education to include establishing and conducting a training program for the district board of trustees and the district superintendent to focus on roles and actions in support of increases in student achievement;

(2)    arbitrate personnel matters between the district board and district superintendent when the State Board of Education is informed that the district board is considering dismissal of the superintendent, and the parties agree to arbitration;

(3)    recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the state superintendent may furnish an interim replacement until the vacancy is filled by the district board of trustees or until an election is held as provided by law to fill the vacancy if the superintendent who is replaced is elected to such office. District boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts;

(3)(4)    declare a state of emergency in the school district and assume management of the school district.

(C)    The district board of trustees may appoint at least two nonvoting members to the board from a pool nominated by the Education Oversight Committee and the State Department of Education. The appointed members shall have demonstrated high levels of knowledge, commitment, and public service, must be recruited and trained for service as appointed board members by the Education Oversight Committee and the State Department of Education, and shall represent the interests of the State Board of Education on the district board. Compensation for the nonvoting members must be paid by the State Board of Education in an amount equal to the compensation paid to the voting members of the district board."

SECTION    2.    This act takes effect upon approval by the Governor.

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