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A282, R337, S90
Sponsors: Senators Hayes, Ravenel, Reese and Rankin
Document Path: l:\council\bills\gjk\20047sd03.doc
Companion/Similar bill(s): 3276
Introduced in the Senate on January 14, 2003
Introduced in the House on April 10, 2003
Last Amended on April 3, 2003
Passed by the General Assembly on May 20, 2004
Governor's Action: July 22, 2004, Signed
Summary: Establish training program for board of trustees and district superintendent in school districts rated unsatisfactory
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/11/2002 Senate Prefiled 12/11/2002 Senate Referred to Committee on Education 1/14/2003 Senate Introduced and read first time SJ-56 1/14/2003 Senate Referred to Committee on Education SJ-56 4/1/2003 Senate Committee report: Favorable with amendment Education SJ-5 4/2/2003 Scrivener's error corrected 4/3/2003 Senate Amended SJ-51 4/3/2003 Senate Read second time SJ-51 4/8/2003 Scrivener's error corrected 4/9/2003 Senate Read third time and sent to House SJ-30 4/10/2003 House Introduced and read first time 4/10/2003 House Referred to Committee on Education and Public Works 5/13/2004 House Committee report: Favorable Education and Public Works HJ-36 5/19/2004 House Read second time HJ-217 5/20/2004 House Read third time and enrolled HJ-48 6/2/2004 Ratified R 337 7/22/2004 Signed By Governor 7/28/2004 Copies available 7/28/2004 Effective date 07/22/04 8/3/2004 Act No. 282
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A282, R337, S90)
AN ACT TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE SUPERINTENDENT OF EDUCATION, WITH THE APPROVAL OF THE STATE BOARD OF EDUCATION, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO MEDIATE PERSONNEL MATTERS BETWEEN THE DISTRICT BOARD AND THE DISTRICT SUPERINTENDENT UNDER CERTAIN CONDITIONS, AND TO FURTHER PROVIDE FOR THE STATE SUPERINTENDENT'S AUTHORITY TO FURNISH AN INTERIM REPLACEMENT FOR A DISTRICT SUPERINTENDENT WHOSE OFFICE HAS BEEN DECLARED VACANT BY THE GOVERNOR, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE AND THE STATE DEPARTMENT OF EDUCATION SHALL RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
Be it enacted by the General Assembly of the State of South Carolina:
Authority to take certain actions, appointment of nonvoting members
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 shall appear before the State Board of Education to outline the reasons why a state of emergency must not be declared in the district.
(B) The state superintendent, with the approval of the State Board of Education, is granted authority to:
(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) mediate personnel matters between the district board and district superintendent when the State Board of Education is informed by majority vote of the board or the superintendent that the district board is considering dismissal of the superintendent, and the parties agree to mediation;
(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. 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;
(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.
Ratified the 2nd day of June, 2004.
Approved the 22nd day of July, 2004.
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