South Carolina General Assembly
116th Session, 2005-2006

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A49, R55, H3413

STATUS INFORMATION

General Bill
Sponsors: Rep. Talley
Document Path: l:\council\bills\pt\2297sj05.doc
Companion/Similar bill(s): 3245

Introduced in the House on February 1, 2005
Introduced in the Senate on March 16, 2005
Passed by the General Assembly on April 26, 2005
Governor's Action: May 3, 2005, Signed

Summary: Vocational education

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/1/2005  House   Introduced and read first time HJ-11
    2/1/2005  House   Referred to Committee on Education and Public Works HJ-11
   3/10/2005  House   Committee report: Favorable Education and Public Works 
                        HJ-2
   3/14/2005  House   Read second time HJ-17
   3/14/2005          Scrivener's error corrected
   3/15/2005  House   Read third time and sent to Senate HJ-108
   3/16/2005  Senate  Introduced and read first time SJ-9
   3/16/2005  Senate  Referred to Committee on Education SJ-9
   4/21/2005  Senate  Committee report: Favorable with amendment Education 
                        SJ-10
   4/25/2005  Senate  Read second time SJ-13
   4/26/2005  Senate  Read third time and enrolled SJ-11
   4/27/2005          Scrivener's error corrected
   4/28/2005          Ratified R 55
    5/3/2005          Signed By Governor
    5/5/2005          Copies available
    5/5/2005          Effective date 05/03/05
    5/9/2005          Act No. 49
   8/25/2005          Scrivener's error corrected

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/1/2005
3/10/2005
3/14/2005
4/21/2005
4/27/2005

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

(A49, R55, H3413)

AN ACT TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, TO FURTHER PROVIDE FOR PROCEDURES REGARDING THE EXPENDITURE OF CERTAIN FUNDING, AND TO MAKE TECHNICAL CORRECTIONS.

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

Vocational changed to career and technology

SECTION    1.    Section 59-1-390 of the 1976 Code is amended to read:

"Section 59-1-390.    (A)    A pupil and teacher in a public school shall wear an industrial quality eye device while participating in the following courses:

(1)    career and technology or industrial art shops or laboratories involving use of or exposed to:

(a)    hot molten metals;

(b)    milling, sawing, turning, shaping, cutting, or stamping of any solid materials;

(c)    heat treatment, tempering, or kiln firing of any metal or other materials;

(d)    gas or electric arc welding;

(e)    repair or servicing of any vehicle;

(f)    caustic or explosive materials;

(2)    chemical or combined chemical-physical laboratories involving caustic or explosive chemical or hot liquids or solids.

(B)    The trustees of each school district shall purchase and place in public schools plano protective eye devices for the eye protection of pupils, teachers, and visitors to the classrooms or laboratories.

(C)    A person desiring protective-corrective lenses instead of plano protective devices supplied by the school trustees, at his own expense, shall procure and equip himself with industrial quality eye protective devices secured from legally authorized dispensers.

(D)    'Industrial quality eye protective device', as used in this section, means a device meeting the standards of the American Standard Safety Code for Head, Eye, and Respiratory Protection, Z2.1-1959, promulgated by the American Standards Association, Incorporated."

Vocational changed to career and technology

SECTION    2.    Section 59-1-448 of the 1976 Code is amended to read:

"Section 59-1-448.    Funds appropriated by the General Assembly must not be used to raise the salaries of public school principals or public career and technology school directors to meet the requirements of a regulation promulgated by the State Board of Education establishing a minimum differential between the salaries of teachers and the salaries of public school principals or public career and technology school directors on less than a monthly basis."

Vocational changed to career and technology

SECTION    3.    Section 59-1-452 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"Section 59-1-452.    (A)    The Public School Employee Cost Savings Program is established for the purpose of making cash awards to individual school district employees for cost saving ideas which are proven to be workable. The program must be administered by the State Department of Education with the advice and assistance of a special committee to screen suggested ideas and recommend those with potential merit to be implemented and evaluated. The committee must be composed of:

(1)    one member who is serving on a public school board, appointed by the State Board of Education upon the recommendation of the South Carolina School Boards Association;

(2)    one member who is serving as a public school superintendent, or district financial administrator, appointed by the State Board of Education upon the recommendation of the South Carolina Association of School Administrators;

(3)    one member who is serving as a public school principal, career and technology center director, or school administrator, appointed by the State Board of Education;

(4)    one public school teacher with a minimum of fifteen years service, appointed by the State Board of Education upon the recommendation of the South Carolina Education Association;

(5)    one public school teacher with a minimum of fifteen years service, appointed by the State Board of Education upon the recommendation of the Palmetto State Teachers Association;

(6)    two members appointed by the State Superintendent of Education; and

(7)    five private sector business persons, who hold no public office, one appointed by the Governor, one appointed by the Chairman of the Senate Finance Committee, one appointed by the Chairman of the House Ways and Means Committee, one appointed by the Chairman of the House Education and Public Works Committee, and one appointed by the Chairman of the Senate Education Committee.

(B)    Committee members shall serve three-year terms except that of those initially appointed, four shall serve initial terms of one year, four shall serve initial terms of two years, and four shall serve initial terms of three years, these initial terms to be determined by lot at the first meeting of the committee. A member of the committee may not serve on the Education Improvement Act Education Oversight Committee, the Business-Education Partnership for Excellence in Education, or the Business-Education Subcommittee while serving on the committee created under this section. A committee member shall attend at least eighty percent of the meetings of the committee in each fiscal year or be replaced. A vacancy must be filled in the manner of original appointment.

(C)    The State Board shall promulgate regulations and establish procedures to administer the program. The regulations must limit individual cash awards to twenty-five percent of the cost savings for one fiscal year or five thousand dollars, whichever is less. An employee may not receive an award for an idea that could have been implemented by the employee through his normal job duties. An employee of the State Department of Education may participate in the program.

(D)    The State Department of Education shall provide administrative support for the program. The State Board of Education shall waive or modify its regulations when appropriate and necessary to achieve cost savings.

(E)    The General Assembly shall provide funds to initiate and support the program. Two years after initial implementation of the program, the program must be self-supporting. It is the intent of the General Assembly that the funds appropriated for this program must be used then for assessing the impact of the programs developed under Target 2000."

Vocational changed to career and technology

SECTION    4.    Section 59-5-61 of the 1976 Code is amended to read:

"Section 59-5-61.    The State Board of Education, through local school districts and area career and technology centers, shall establish, maintain, and operate secondary occupational vocational education courses for secondary school students in public schools in accordance with guidelines and standards established by the board and in accordance with federal laws pertaining to career and technology education. The board shall approve secondary occupational career and technology education courses."

Vocational changed to career and technology

SECTION    5.    Section 59-5-65(5) and (6) of the 1976 Code is amended to read:

"(5)    Promulgate regulations to ensure that all secondary schools, with the exception of career and technology schools and secondary schools whose enrollment is entirely handicapped, offer a clearly defined college preparatory program as specified by the State Board of Education.

(6)    Promulgate regulations to ensure that each school district in its secondary school or career and technology center shall establish clearly defined career and technology programs designed to provide meaningful employment."

Vocational changed to career and technology

SECTION    6.    Section 59-5-140 of the 1976 Code is amended to read:

"Section 59-5-140.    Academic and career and technology training provided by the South Carolina Opportunity School, the John De La Howe School, and the South Carolina School for the Deaf and the Blind must meet standards prescribed by the State Board of Education based upon standards prescribed by the South Carolina Department of Education for the academic and career and technology programs of these schools. The board may prescribe additional requirements as necessary. The State Superintendent of Education shall administer the standards related to the high school and elementary school programs. Reports from the State Department of Education, evaluating the education program and indicating whether or not the program meets the standards as prescribed, must be made directly to the board of each institution at regularly scheduled meetings. State Department of Education supervisory personnel must be utilized for evaluating the programs and reporting to each board."

Vocational changed to career and technology

SECTION    7.    Section 59-18-920 of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"Section 59-18-920.    A charter school established pursuant to Chapter 40, Title 59 shall receive a performance rating and shall issue a report card to parents and the public containing the rating and explaining its significance and providing other information similar to that required of other schools in this section. An alternative school is included in the requirements of this chapter; however, the purpose of an alternative school must be taken into consideration in determining its performance rating. The Education Oversight Committee, working with the State Board of Education and the School to Work Advisory Council, shall develop a report card for career and technology schools."

Vocational changed to career and technology

SECTION    8.    The first paragraph of Section 59-20-40(c) of the 1976 Code, as last amended by Act 135 of 1993, is further amended to read:

"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

c.    Pupils with autism

(8)    Speech handicapped pupils                                        1.90

(9)    Homebound pupils                                                        2.10

a.    pupils who are homebound

b.    pupils who reside in emergency shelters

Career and Technology Technical Programs                Weightings

(10)    Pre-career and technology                                            1.20

(11)    Career and technology                                                1.29

Add-on Weights for Early Childhood                        Weightings

Development and Academic Assistance

(12)    Early childhood assistance                                            0.26

(13)    Grades 4-12 academic assistance                                0.114

Adult Education

(14)    Adult Education                                                            0.15"

Vocational changed to career and technology

SECTION    9.    Section 59-24-10 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"Section 59-24-10.    Beginning with the school year 1999-2000, before permanent appointment as a principal for an elementary school, secondary school, or career and technology center, a person must be assessed for instructional leadership and management capabilities by the Leadership Academy of the South Carolina Department of Education. A district may appoint a person on an interim basis until the assessment is completed. A report of this assessment must be forwarded to the district superintendent and board of trustees. The provisions of this section do not apply to a person currently employed as principal on the effective date of this section or to a person hired as principal before the beginning of school year 1999-2000."

Vocational changed to career and technology

SECTION    10.    Section 59-24-130 of the 1976 Code is amended to read:

"Section 59-24-130.    For purposes of funds appropriated in the annual general appropriations act and program eligibility for the School Principal Incentive Program and the School Administrator Evaluation Program, the term 'principal' also includes the administrative head of a career and technology center."

Vocational changed to career and technology

SECTION    11.    Section 59-39-100 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:

"Section 59-39-100.    (A)    Diplomas issued to graduates of accredited high schools within this State must be uniform in every respect and particularly as to color, size, lettering, and marking. The number of units required for a state high school diploma is twenty units as prescribed by the State Board of Education. Beginning in the 1986-87 academic year, a minimum of three units must be earned in mathematics and a minimum of two units must be earned in science.

(B)    One unit in computer science, if approved by the State Department of Education for this purpose, may be counted toward the mathematics requirement.

(C)    Students who earn one unit in science and six or more units in a specific occupational service area will meet the science requirements for a state high school diploma. Career and technology programs operating on a 3-2-1 structure may count pre-career and technology education as one of the six required units.

(D)    Beginning with the ninth grade class of school year 1997-98, the number of units required for a high school diploma is twenty-four units as prescribed by the State Board of Education by regulation, with one additional unit required in mathematics, science, and computer science to include keyboarding. For students in a college preparatory track, as defined by the state board, one additional unit must be earned in a foreign language; and for students in a track designed to enter the work force, as defined by the state board, one additional career and technology unit must be earned. Beginning with the ninth grade class of school year 1997-98, if a student counts one unit of computer science toward his mathematics requirement as permitted above, one additional unit of computer science must be earned.

(E)    Nothing in this section prohibits local school boards of trustees from awarding recognition to students who complete additional units and credits beyond those required by this section."

Vocational changed to career and technology

SECTION    12.    Section 59-54-20 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 59-54-20.    (A)    The State Council on Vocational and Technical Education membership shall comply with all requirements of Section 112 of the Carl D. Perkins Vocational and Applied Technology Education Act of 1990. In addition, a majority of the council membership appointed by the Governor must be members of the Commission on Higher Education, provided that members of the commission meet the federal requirements of the establishment of the council. Further, at least four members of the council shall represent secondary career and technology education.

(B)    The Commission on Higher Education shall serve as the State Occupational Training Advisory Committee and in this regard shall make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for:

(1)    improving the coordination among the state's plans and programs for adult career and technology education, adult basic and adult secondary education, post-secondary technical education, and secondary career and technology education;

(2)    assuring the compatibility of these educational plans and programs with the state's economic development strategies;

(3)    improving the articulation between secondary career and technology education and post-secondary technical education and between post-secondary technical education and four-year degree programs;

(4)    improving service to groups or communities in the State which are unserved or underserved and need additional training and education to be employed or to move into the work force and off of public assistance;

(5)    improving the accountability systems and effectiveness of the adult career and technology education, adult basic and adult secondary education, post-secondary technical education, and secondary career and technology education programs;

(6)    improving the implementation of the South Carolina Employment Revitalization Act of 1986."

Vocational changed to career and technology

SECTION    13.    Section 59-54-40(A), (B), and (C) of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:

"(A)    An area occupational training advisory committee is created for each of the service areas presently established by the State Board for Technical and Comprehensive Education for the various technical colleges. The purpose of the Area Occupational Training Advisory Committee is to increase coordination, articulation, and effectiveness among the various career, technical, occupational, and adult education and economic development programs in that area.

(B)    Each area occupational training advisory committee shall have the responsibility of assuring that each area technical college commission and appropriate local school boards shall enter into memoranda of agreement that demonstrates the following:

(1)    cooperation between the technical college and the career and technology school in the planning and delivery of adult career and technology education;

(2)    articulation of secondary career and technology courses to post-secondary courses in the curricula of the technical college;

(3)    coordination among local boards with other local community agencies, literacy councils, private and nonprofit groups in planning and delivering adult basic education, adult secondary education, and literacy programs.

(C)    The membership of each area occupational training advisory committee is as follows:

(1)    two private sector representatives from the area technical college commission, appointed by the State Board for Technical and Comprehensive Education;

(2)    two professional representatives from the area technical college, appointed by the State Board for Technical and Comprehensive Education;

(3)    one private sector representative from the governing or advisory board for career and technology education programs in the area, appointed by the State Board of Education;

(4)    one faculty member or administrator for career and technology education programs in the area, appointed by the State Board of Education;

(5)    two school superintendents in the area, appointed by the State Board of Education;

(6)    two private sector representatives from the area, appointed by the Secretary of Commerce;

(7)    two private sector representatives from the area, appointed by the Governor."

Vocational changed to career and technology

SECTION    14.    Section 59-54-50 of the 1976 Code is amended to read:

"Section 59-54-50.    (A)    To assure a coordinated and articulated local delivery of career, technical, and adult basic and adult secondary education and job training, each local technical college commission and local school boards within each service area, as presently established by the State Board for Technical and Comprehensive Education for the various technical colleges, shall enter into memoranda of agreement that must demonstrate the following:

(1)    cooperation between the technical college and the career and technology school in the planning and delivery of adult career and technology education;

(2)    articulation of secondary career and technology courses to post-secondary courses in the curricula of the technical colleges;

(3)    coordination among local boards, other local community agencies, literacy councils, private and nonprofit groups in planning and delivering adult basic education, adult secondary education, and literacy programs.

(B)    A technical college commission or local school board that fails to enter into memoranda of agreement which substantially agrees with the provisions of this chapter within two years of the effective date of this chapter may not receive further state funding for post-secondary or secondary career and technology education until such time as memoranda of agreement that substantially agree with this chapter have been executed."

Vocational changed to career and technology

SECTION    15.    Section 59-54-60 of the 1976 Code is amended to read:

"Section 59-54-60.    Each state agency offering career, technical, occupational, or adult basic and adult secondary education programs shall include in its annual report at least the following:

(1)    a summary of students or clients served each year and the cost for each student served each year of the training or educational programs;

(2)    the completion and placement rate and further education of students enrolled in career, technical, and occupational training and the completion and further education of students enrolled in adult basic and adult secondary education programs;

(3)    the number of new programs started with an assessment of future job opportunities;

(4)    the number of programs discontinued;

(5)    the effectiveness of coordination efforts among education and training entities;

(6)    the effectiveness of articulation efforts with other education and training entities;

(7)    the effectiveness of the coordination of the training or education program to economic development efforts in each area of the State and the State as a whole;

(8)    the degree to which unserved or underserved clients or areas previously identified are now being served or referred to other entities for service including the effectiveness of the training and education programs to assist public assistance clients and at-risk youth to move into the work force;

(9)    a summary report of follow-up studies reflecting employer satisfaction and earnings rate of a sample of persons completing various educational and training programs and students participating in cooperative education programs."

Career and technology training

SECTION    16.    Article 21, Chapter 53, Title 59 of the 1976 Code is amended to read:

"Article 21

Career and Technology Training

Section 59-53-1810.    The State of South Carolina accepts the provisions of an act of Congress entitled: 'To Provide for the Promotion of Vocational Education; to Provide for Cooperation with the States in the Promotion of Such Education in Agriculture and the Trades and Industries; to Provide for Cooperation with the States in the Preparation of Teachers of Vocational Subjects; and to Appropriate Money and Regulate Its Expenditure', and designates and constitutes the State Board of Education as the South Carolina State Board of Career and Technology Training to cooperate with the United States Government in putting this law into operation.

Section 59-53-1820.    The State Board of Career and Technology Training may cooperate with any local or state agency for the advancement of agricultural and industrial education.

Section 59-53-1830.    The State Treasurer is created and appointed custodian of funds coming to the State from the United States under the provisions of the act referred to in Section 59-53-1810 and is responsible on his bond for the correct and proper handling of the funds. Monies appropriated by the State or paid into the State Treasury from the United States for the purpose provided in Sections 59-53-1810 to 59-53-1870 must be paid out upon the order of the State Board of Education, duly countersigned and approved by the secretary of the board, and itemized vouchers must be filed with the Comptroller General as in the case of other funds.

Section 59-53-1840.    There must be appropriated annually, out of the State Treasury, for the promotion of career and technology education in agriculture, engineering or industrial technology, and family and consumer science subjects, a sum not less than the amount which may be apportioned to the State from the funds appropriated by the Congress of the United States in an act entitled 'An Act to Provide for the Promotion of Vocational Education; to Provide for Cooperation with the States in the Promotion of such Education in Agriculture and the Trades and Industries; to Provide for Cooperation with the States in the Preparation of Teachers of Vocational Subjects; and to Appropriate Money and Regulate its Expenditure', approved February 23, 1917.

Section 59-53-1850.    Monies appropriated pursuant to Sections 59-53-1810 to 59-53-1870 must be paid out upon the order of the State Board of Education, duly countersigned and approved by the secretary of the State Board of Education, and itemized vouchers must be filed with the Comptroller General as in the case of other funds.

For high schools and joint career and technology schools having a career and technology agriculture program, monies appropriated for this purpose must be disbursed for use by the schools to conduct career and technology agriculture programs on a full-time twelve-month per year basis. The provisions of this section do not prohibit monies appropriated for career and technology agriculture to be used in programs of less than twelve months each year. The local school board shall decide whether all or part of its career and technology agricultural program is twelve months or less than twelve months after consideration of the local board's needs assessment for career and technology agriculture and the findings of the Clemson University's review of the local career and technology agricultural program.

Section 59-53-1860.    (A)    The State Board of Education may use the funds appropriated by Sections 59-53-1810 to 59-53-1870 for the payment of the salaries of teachers, supervisors, or directors of career and technology subjects, for the purchase of supplies and equipment to be used by career and technology classes, for the maintenance of classes for training teachers of career and technology subjects or for the administration of career and technology education, including necessary supervision and clerical help.

(B)    Due to the special characteristics of agriculture education work experiences which require instruction during the summer and on a year-round basis, monies appropriated for this purpose must be available on a full-time twelve-month a year basis to those high schools and joint career and technology schools whose teachers of career and technology agriculture are responsible for the following programs of instruction on a full-time basis during the interim between academic years:

(1)    supervision and instruction of students in agriculture experience programs;

(2)    group and individual instruction of farmers and agribusinessmen;

(3)    supervision of student members of 'Future Farmers of America' who are involved in leadership training or other activities as part of their career and technology education instructional program;

(4)    a program of career and technology agriculture established by the State Board of Education.

Section 59-53-1870.    (A)    The State Board of Education shall adopt regulations governing the expenditures of monies appropriated by Sections 59-53-1810 to 59-53-1870 and shall make the regulations known to the various school districts of the State so they may know the conditions under which they are entitled to share in the funds available for career and technology education.

(B)    The State Board of Education shall adopt instructional program standards for career and technology programs and a needs assessment format which includes instructional requirements for the special characteristics of the different career and technology programs, using as a guide for career and technology agriculture the standards of quality career and technology programs in agriculture/agribusiness education developed by the career and technology agricultural education profession. The instruction program standards for career and technology agriculture programs must include the instructional programs for the interim between academic years which are itemized in Section 59-53-1860.

(C)    These instructional program standards must be incorporated in the South Carolina State Plan for Career and Technology Education as adopted by the State Board of Education. The instructional standards adopted by the State Board of Education must be used to evaluate all career and technology programs.

(D)    Local programs of career and technology agriculture education and the school district's needs assessment for agriculture education programs must be reviewed by Clemson University consultants for agriculture education with the participation of an advisory team consisting at minimum of a member of the local advisory committee for career and technology agriculture, a member of the local advisory council for career and technology education, and a teacher-educator for agriculture education from Clemson University. The findings of these reviews must include an explicit statement of the career and technology agricultural education needs of the students and the agriculture community served by the local program. A member of this review team must be allowed to include a minority opinion in the findings of the review. These reviews must be scheduled by Clemson University at intervals adequate to assure local program compliance with the State Plan for Career and Technology Education. Whenever a high school or joint career and technology school's annual report, as required by Section 59-20-60, the Education Finance Act of 1977, on programmatic needs fails to justify or continue offering on a full-time twelve-month a year basis an existing career and technology agriculture education program, the school district board of trustees for the school shall include and consider the findings of the Clemson University review of the local career and technology agriculture program in the needs assessment of the district board of trustee's comprehensive annual and long-range plan for meeting program needs.

Section 59-53-1880.    For the purpose of developing and maintaining career and technology education facilities and programs to serve an area not exclusively within the boundaries of a single school district, the school districts serving this area are empowered to affiliate with each other under the terms and conditions, not in conflict with this section and Section 59-53-1890, as they see fit. The affiliation must be evidenced by a written instrument to be filed with the secretary and administrative officer of the State Board of Education and with the county boards of education concerned.

Section 59-53-1890.    The affiliation agreement must provide:

(1)    for the affiliating school districts to appoint a liaison committee which shall recommend organizational and administrative procedures and measures to assure adequate accounting procedures;

(2)    procedures by which career and technology education funds appropriated by the federal, state, or county government may be applied for and received;

(3)    procedures by which one of the affiliating school districts may hold title to real and personal property acquired with affiliated funds for the benefit of all affiliated school districts; and

(4)    that each of the affiliating school districts shall have an equity in the joint assets to the extent that the assessed tax value of the property within the school district bears to the aggregate assessed tax value of the property within the combined area of the school districts. If less than an entire school district is served by the career and technology education facilities or programs, only the area served must be considered in computing equities in joint assets.

Section 59-53-1900.    (A)    A group of two or more school districts of the State, without regard to county lines, may join to create career and technology school boards (board) to construct, operate, govern, supervise, manage, and control career and technology schools. However, the provisions of this section are not applicable to a school district with a career and technology center serving only those students residing within its geographical limits. Each board consists of six appointed members, to be apportioned among the districts joining in the creation of the board as the districts may agree. Members must be selected by the school boards of trustees from the members of their respective district school boards of trustees. The terms of the members of the board must be concurrent with their terms on the district school board of trustees. If vacancies occur or members of the boards cease to be members of their respective boards of trustees, the vacancies must be filled by members from the same school board of trustees of which the withdrawing member was a member, selected by the trustees of that district or county.

(B)    The superintendent of each participating district shall serve as an ex officio nonvoting member of the board. The superintendents must be administrative members of the board and jointly shall nominate staff and assume such responsibilities and perform duties as may be prescribed by law or by regulations of the State Board of Education or as prescribed by the career and technology school board.

(C)    The respective boards of trustees of participating districts shall select their members and the boards shall convene and organize by electing one member as chairman and one as vice chairman. The terms of chairman and vice chairman are for one year. The boards shall have other officers and prescribe terms as considered necessary.

(D)    The members of the boards must be paid compensation as the boards may provide by resolution; provided, that the compensation must not exceed fifty dollars for each meeting and mileage at a rate of fourteen cents a mile.

Section 59-53-1910.    The career and technology school does not constitute a separate school district but is a joint project for the establishment of a career and technology school by the cooperating school districts. The career and technology school must be funded by the respective district boards, as the district boards may agree upon. The costs of acquiring real property and the improvements on it are to be borne by the respective district boards according to their agreement.

Section 59-53-1920.    The boards must be empowered to operate, govern, supervise, manage, control, direct, acquire, construct, maintain, improve, and extend the facilities of the schools. The boards shall have the powers to:

(1)    have perpetual succession;

(2)    sue and be sued;

(3)    adopt, use, and alter an institutional seal;

(4)    define a quorum for meetings;

(5)    establish a principal office;

(6)    make bylaws for the management and regulation of their affairs;

(7)    acquire, build, construct, equip, maintain, and operate a career and technology school or schools;

(8)    select a career and technology school director or directors;

(9)    accept gifts or grants of services, properties, or monies from private individuals or entities, from the State of South Carolina, the United States, or its agencies;

(10)    make contracts and execute and deliver all instruments necessary or convenient for the carrying on of the business of the career and technology school;

(11)    acquire in the name of the cooperating districts, as tenants in common, by purchase or gift, all land and interest in it which the boards shall consider necessary to enable them to fully and adequately discharge their responsibilities;

(12)    appoint officers, agents, and employees and prescribe their duties, fix their compensation, and determine if and to what extent they must be bonded for the faithful performance of their duties; and to make contracts for construction, architectural, engineering, legal, and other services and materials;

(13)    determine each school year the student capacity of the career and technology school, with the capacity to be apportioned by agreement among the cooperating districts. If a board fails to fulfill its quota, the other boards must be permitted to fill the unused allocation with students from their county. The boards utilizing the unused allocation shall pay for each student on a pro rata part of the year's current operating expenses based upon the budget. This amount must be paid at the beginning of the fiscal year, except that the actual cost must not be computed until the end of the current school year or the end of each semester and adjustments must be made at that time. Nothing in this section must be construed to limit the cost of maintenance, support, and operations of the career and technology schools jointly;

(14)    perform other actions necessary or convenient to carry out a responsibility, function, or power committed or granted to the boards.

Section 59-53-1930.    The boards shall conduct their affairs on the fiscal year basis employed by the State. As soon after the close of each fiscal year as may be practicable, an audit of school affairs must be made by a certified public accountant, to be designated by the boards. Copies of the audits, incorporated into annual reports of the boards, must be filed with the cooperating school districts.

Section 59-53-1940.    It is unlawful for a person to wilfully injure or destroy, or in any manner hurt, damage, tamper with, or impair the facilities of a career and technology board, or a part of it. A person violating the provisions of this section, upon conviction, must be fined not less than ten dollars and not more than one hundred dollars or imprisoned for not more than thirty days at the discretion of the court, and is liable to pay the cost of all damages.

Section 59-53-1950.    The General Assembly shall provide funds in the annual general appropriations act for the purchase of equipment for career and technology training pursuant to the Department of Education's State Plan for Career and Technology Education. The highest priority in funding for career and technology education must be given to work force preparation, occupational proficiency courses in areas related to:

(1)    current high technology trades, businesses, and industries;

(2)    high labor market and high labor intensive demand;

(3)    small business management; and

(4)    new and emerging trades, industries, and businesses which foster and enhance the economic development, stability, and diversification of the state's economy.

Section 59-53-1960.    To continue existing work force preparation programs, other than career and technology agriculture, fifty percent of the graduates available for placement must be placed during the prior three years in the area for which training was provided. Each graduate of a work force preparation career and technology education program must be surveyed by his school district ten months after graduation to determine job placement status. The school districts shall make an annual report to the State Board of Education of the findings of its survey. The State Board of Education shall report the results of the district surveys to the Governor, General Assembly, and the Advisory Council on Career and Technology Education. The State Board of Education may waive the fifty percent requirement upon recommendation of the school district, if the district demonstrates that a program responds to the employment needs of new or expanding businesses or industries. Students must be advised before enrollment in a work force preparation program of possible discontinuation of the program, if placement data indicate possible discontinuation, and of the employment outlook for graduates of the program. A student enrolling in career and technology programs that are not preparatory for employment must be advised clearly of this fact by the school district.

Section 59-53-1970.    Reserved.

Section 59-53-1980.    The Governor shall appoint a committee to study areas of career and technology training in South Carolina. The committee is composed of representatives of the business community, the General Assembly, and the various agencies involved in career and technology training. Based on the findings of the committee, the Governor shall make recommendations to the General Assembly related to a coordinated statewide program of career and technology training which addresses the following concerns:

(1)    duplication of services and people served;

(2)    need for a comprehensive assessment of future job opportunities in South Carolina and the relationships of those opportunities to the direction of future job training efforts;

(3)    need for a unified plan to coordinate job training efforts;

(4)    need for a standard management information system;

(5)    insufficient emphasis on entrepreneur training and information and service occupations;

(6)    narrow missions of special schools;

(7)    training systems not prepared to handle federal cutbacks in funding;

(8)    insufficient coordination with private employers to provide job training;

(9)    insufficient coordination of training needs for special target groups;

(10)    lack of coordination of illiteracy efforts with job training programs;

(11)    other barriers which prevent a coordinated, accessible, and efficient job training effort in South Carolina."

Time effective

SECTION    17.    This act takes effect upon approval by the Governor.

Ratified the 28th day of April, 2005.

Approved the 3rd day of May, 2005.

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