Anti-hazing
To: Board Chairmen, Superintendents, Council of School Attorneys Members, Board Legislative Contacts and SCSBA Board of Directors
This booklet highlights significant education-related legislation, most of which was passed by the South Carolina General Assembly in 2004. It includes summaries of amended state regulations and other information items of interest to districts, as well as the relevant text of the state laws discussed and web sites for other legislation.
After the summary of the legislation and the recommended district action, we have included policy references so that you may check the language in your existing policy to make sure that it does not conflict with a change in law. Policy references are alphabetical codes based on the SCSBA model manual.
For those items that are likely to require a change in policy or administrative rule, we have included a model (on blue paper). We will be glad to assist those districts that subscribe to our policy update service in drafting additional changes as needed.
We are sending one booklet to each district superintendent and one booklet to each board chairman. Also, we are again posting the 2004 Policy and Legislative Update in a MS Word document and Adobe .pdf format at SCSBA’s web site at . The Adobe Acrobat Reader (.pdf) version is a read only file; however, it will print camera ready material if you would like to make additional copies in your district. The MS Word document is a working document that you can cut and paste to help you create your district’s policies. SCSBA will not be offering additional printed copies.
Each local school board must reflect and decide which policies it will adopt. In all instances, SCSBA does not mandate a particular policy or policy language. This booklet is not intended as a substitute for legal advice relating to your specific situation.
We enjoy working with you throughout the year and appreciate your support. We are always happy to help you with your policy needs and hope you will continue to call on us. For additional information on these or other policy topics, please contact either of the following staff.
Scott T. Price Patricia E. Kinsey
General Counsel Director of Policy Services
TABLE OF CONTENTS
PART ONE
At-will employment 1
Board training in unsatisfactory districts 2
Fingerprint/background checks 3
Safe Routes to Schools Act 4
Assisting, Developing, and Evaluating Professional Teaching (ADEPT) 6
Model policy (Evaluation of instructional staff) 10
Teacher Protection Act of 2004 12
Textiles Communities Revitalization Act 14
Voter registrations in high schools 17
PART TWO
Federal laws 18
Fair Labor Standards Act (FLSA) 18
Model administrative rule (Support staff supplementary pay/overtime) 20
Health Insurance Portability and Accountability Act (HIPAA) 26
Family Educational Rights and Privacy Act (FERPA) 26
National School Lunch Program 28
Local law report 30
Regulations 31
Assessment program 31
Model policy (State program assessments) 38
Model administrative rule (State program assessments) 39
Defined program, grades 9-12 32
Model administrative rule (Graduation requirements) 41
District and school planning 32
Model policy (School district goals and objectives) 44
Model administrative rule (School district goals and objectives) 46
End-of-course 32
Gifted and talented 33
Model policy (Gifted and talented education) 48
Nonprofessional/paraprofessional personnel positions 33
Requirements for initial certification at the advanced level (Superintendents) 34
Model policy (Qualifications of superintendent) 49
Student attendance 34
Model policy (Student absences and excuses) 50
Model administrative rule (Student absences and excuses) 52
Transfers and withdrawals 35
Amendments to various policies 35
2004 regulations status table 37
Court decisions 55
Distribution of religious materials (4th Circuit) 55
Pledge of Allegiance (U.S. Sp. Ct.) 56
Prayers during meetings of public bodies (4th Circuit) 56
Temporary provisos 58
At-will employment
Effective date: March 15, 2004
Summary: The General Assembly in 2004 took action to reaffirm South Carolina’s at-will employment policy.
South Carolina has long recognized the employment at-will doctrine in which either party may terminate the employment relationship at any time for any reason or for no reason at all. Initially filed during the 2003 legislative session, this enactment was lawmakers’ response to a series of state court decisions that were eroding the state’s at-will employment doctrine. These cases were finding that employee handbooks may alter an employee’s at-will employment status and create more of a contractual relationship.
This year, the Legislature added a new section to South Carolina’s Labor and Employment statute stating that it is this state’s public policy that a handbook, personnel manual, policy, procedure or other document issued by an employer or its agent after June 30, 2004, does not create an express or implied contract of employment if the disclaimer is conspicuously displayed.
Under the new statute, the following requirements must be met.
• A conspicuous disclaimer must appear in employee handbooks, personnel manuals, policies, procedures or similar documents stating that the document does not create an express or implied contract of employment.
• A handbook disclaimer must be in underlined capital letters on the first page of the document and must be signed by the employee.
• Personnel manuals, policies, procedures or other documents must include the disclaimer in underlined capital letters on the first page of the document.
The new statute is silent on what qualifies as conspicuous, so districts are urged to work with their attorneys to address this issue.
Local district action required: Because the new statute specifically applies to employee handbooks or manuals issued after June 30, 2004, districts should begin now revising or reissuing handbooks or manuals.
Policy reference: N/A
Text: Section 1. Chapter 1, Title 41 of the 1976 Code is amended by adding:
Section 41-1-110. It is the public policy of this State that a handbook, personnel manual, policy, procedure, or other document issued by an employer or its agent after June 30, 2004, shall not create an express or implied contract of employment if it is conspicuously disclaimed. For purposes of this section, a disclaimer in a handbook or personnel manual must be in underlined capital letters on the first page of the document and signed by the employee. For all other documents referenced in this section, the disclaimer must be in underlined capital letters on the first page of the document. Whether or not a disclaimer is conspicuous is a question of law.
Board training in unsatisfactory districts
Effective date: July 22, 2004
Summary: The General Assembly this year amended provisions of the Education Accountability Act (EAA) of 1998 to include training for boards in unsatisfactory districts.
Under the EAA, the state superintendent of education may declare a state of emergency in a district and ultimately take over the management of that district. Prior to reaching this point, the EAA sets forth a process of assistance geared toward improving student academic performance in an unsatisfactory district.
New provisions authorize the state superintendent, as another step prior to a takeover, to establish and conduct state-funded training programs for boards in unsatisfactory districts focusing on roles and actions in support of increasing student achievement.
Also, the state superintendent may mediate personnel matters between the board and district superintendent if conditions warrant and the parties agree to mediation. Finally, local boards in these instances may appoint at least two nonvoting members to the board from a pool nominated by the state department of education and the education oversight committee.
Local district action required: No local district action required.
Policy reference: N/A
Text: 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.
Fingerprint/background checks
Effective date: January 1, 2005
Summary: The General Assembly this year amended state law regarding the timing and other requirements for criminal background checks for teacher candidates.
Under language added to the teacher certification statute, colleges and universities operating teacher education programs must advise a person enrolled in a teacher education program that a prior criminal record could prevent certification as a teacher. Candidates must undergo state criminal records checks and national fingerprint checks by the Federal Bureau of Investigation prior to beginning full-time clinical teaching. FBI fingerprint checks must be completed within 18 months of formally applying for initial certification.
Information relative to a candidate’s prior arrests and convictions will be reviewed by the state department of education. Arrests or convictions of a serious nature may be grounds for denying initial certification.
Local district action required: No district action is required.
Policy reference: N/A
Text: 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.
Safe Routes to Schools Act/loan forgiveness/certificate revocation
Effective date: Upon signature of the Governor
Summary: The General Assembly in June passed the Safe Routes to Schools Act, non-mandatory legislation that focuses on ways for local governments to create safe environments for children who walk or bicycle to school.
This bill was amended to include new provisions relating to loan forgiveness under the teacher loan program, and revocation of certification based on the commission of certain crimes and offenses.
Under the Safe Routes to Schools Act, cities and counties are directed to work with school districts to identify barriers and hazards to children walking and bicycling to and from school. Local governments may develop plans together to fund improvements to reduce barriers and hazards. The Act specifically states that providing funds for improvements is not mandatory.
Also, districts may establish a Safe Routes to School District Coordinating Committee compiled of a diverse group of parents, children, school and other local officials. Individual schools may establish a Safe Routes to School Team, again with diverse membership. Finally, the first Wednesday in October each year is designated as “Walk or Bicycle with Your Child to School Day.”
Under provisions relating to loan forgiveness, the statute was amended to redefine “critical geographic area” for a student seeking loan forgiveness after July 1. “Critical geographic area” will now be defined as a school that has an absolute rating of below average or unsatisfactory; has an average teacher turnover rate for the past three years that is 20 percent or higher; or meets the poverty index criteria at the 70 percent level or higher. The new definition does not apply to students who have a loan or who are in the process of having a loan forgiven before July 1.
Finally, a new section was added to the law regarding teacher certification to require the state board of education to permanently revoke or refuse to issue or renew a certificate without a hearing if a holder of or applicant pleads guilty or is found guilty of certain violent crimes or other offenses related to obscenity or involving children. Further, districts may not hire an educator in any capacity whose certificate is revoked under this statute.
Local district action required: No district action is required.
Policy reference: N/A
Text: Walking or bicycling to school
Section 2. Chapter 17, Title 59 of the 1976 Code is amended by adding:
Section 59-17-150. (A) Municipal and county governing bodies shall work with school districts located in their jurisdictions to identify barriers and hazards to children walking or bicycling to and from school. The municipalities, counties, and districts may develop a plan for the funding of improvements designed to reduce the barriers and hazards identified. The sources of these funds may include federal funding or grants, state funding, or funding from private sources. Nothing in this section shall obligate any agency of federal, state, or local government to provide funding for identified improvements.
(B) Each school district in this State may establish a Safe Routes to School District Coordinating Committee. The coordinating committee shall include parents, children, teachers, administrators, local law enforcement officials, public health officials, interested citizens, and other persons familiar with the transportation needs of the school district. Duties of the coordinating committee may include gathering information about the schools in the district through surveys and traffic counts; organizing incentive-based events and contests to encourage students to try new modes of transportation; and promoting the program through school newsletters, assemblies, web sites, and other means to reach parents and students.
Any school within the district may establish a Safe Routes to School Team. The team shall include parents, children, teachers, administrators, and neighbors of the school. The team may be expanded to include local law enforcement officials, public health officials, and other persons familiar with the transportation needs of the school. The team shall select a representative to serve on the District Coordinating Committee. Duties of the team may include gathering information about their school through surveys and traffic counts; organizing incentive-based events and contests to encourage students to try new modes of transportation; and promoting the program through school newsletters and other means to reach parents and students.
(C) The first Wednesday of October of each year is designated as 'Walk or Bicycle with Your Child to School Day' in each school district of this State to promote walking or riding bicycles to school by students, with escorts if necessary, and to identify needed improvements such as sidewalks or safer pedestrian routes not open to vehicular traffic.
Loan forgiveness
Section 3. Section 59-26-20(j) of the 1976 Code is amended by adding a paragraph at the end to read:
Notwithstanding another provision of this item: (1) For a student seeking loan forgiveness pursuant to the Teacher Loan Program after July 1, 2004, 'critical geographic area' must be defined as a school that: (a) has an absolute rating of below average or unsatisfactory; (b) has an average teacher turnover rate for the past three years that is twenty percent or higher; or (c) meets the poverty index criteria at the seventy percent level or higher. (2) After July 1, 2004, a student shall have his loan forgiven based on those schools or districts designated as critical geographic areas at the time of employment. (3) The definition of critical geographic area must not change for a student who has a loan, or who is in the process of having a loan forgiven before July 1, 2004.
Certificate revocation or nonrenewal
Section 4. Article 3, Chapter 25, Title 59 of the 1976 Code is amended by adding:
Section 59-25-280. (A) The State Board of Education permanently shall revoke, refuse to issue, or renew a certificate without a hearing, if the holder of or applicant for the certificate pleads guilty, pleads nolo contendere, or is found guilty of the following crimes, whether or not a sentence is imposed and regardless of where the matter was tried: (1) a violent crime as defined in Section 16-1-60; (2) certain offenses related to obscenity, material harmful to minors, child exploitation, and child prostitution, including Sections 16-15-305, 16-15-335, 16-15-345, 16-15-355, 16-15-365, 16-15-385, 16-15-387, 16-15-395, 16-15-405, 16-15-410, 16-15-415, and 16-15-425; or (3) a criminal offense similar in nature to the crimes listed in items (1) and (2) committed in other jurisdictions or pursuant to federal law. (B) A school district may not employ an educator in any capacity whose South Carolina certificate is revoked pursuant to subsection (A).
Assisting, Developing, and Evaluating Professional Teaching (ADEPT)
Effective date: July 22, 2004
Summary: Teacher evaluation in this state is based on an integrated system of state standards, guidelines and strategies designed to promote excellence in the teaching profession. The Assisting, Developing, and Evaluating Professional Teaching (ADEPT) System was designed by the state department of education for use by school districts and teacher education programs in meeting the requirements of the law.
A comprehensive external evaluation of the system, now in its fifth year of statewide implementation, revealed strengths and weaknesses and resulted in amendments to the state statute. The following changes, as outlined by the Office of Teacher Preparation, Support, and Assessment, are intended to make implementation of the system less cumbersome and more consistent throughout the state.
• The provisional (formal evaluation) contract year has been deleted and replaced with an optional annual assistance year for teachers who have demonstrated potential but require additional support prior to undergoing formal evaluation.
• An annual contract teacher who has successfully completed the evaluation process and met the criteria set by the local board, but who has not yet satisfied all requirements established by the state department of education for the professional teaching certificate, is eligible for employment under a subsequent annual contract, with evaluation being either formal or informal (goals-based), at the discretion of the school district.
• Teachers may receive up to, but no more than, two unsuccessful formal evaluations at the annual contract level before sanctions are imposed. Teachers who receive two unsuccessful formal evaluations may not teach in a public school for a minimum of two years and must successfully complete a state-approved remediation plan prior to becoming eligible for employment under a final annual contract.
• Teachers are not eligible to receive a continuing contract until they have met all eligibility requirements for a professional teaching certificate.
Revisions to the ADEPT regulation by the state department of education to comply with changes to the law are forthcoming.
Local district action required: Districts need to amend their existing policies and/or administrative rules to ensure that they reflect the changes to the law.
Policy reference: Old code - GBI (Evaluation). New code - GCOA (Evaluation of Instructional Staff).
Model policy follows text of law.
Text: Section 1. Section 59-26-30(B) of the 1976 Code is amended to read:
(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 the processes used for assisting, developing, and evaluating teacher candidates, as well as teachers employed under induction, annual, or continuing contracts; (2) promulgate regulations to be used by colleges and universities for evaluating and assisting teacher candidates. Evaluation and assistance programs developed or adopted by colleges or universities must include appropriate training for personnel involved in the process. Teacher candidates must be provided with guidance and assistance throughout preparation programs, as well as provided with formal written feedback on their performance during their student teaching assignments with respect to state standards for teaching effectiveness; (3) promulgate regulations to be used by local school districts for providing formalized induction programs for teachers employed under induction contracts. Induction programs developed or adopted by school districts must 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 state standards for teaching effectiveness; (4) promulgate regulations to be used by local school districts for evaluating and assisting teachers employed under annual contracts. Formal evaluation processes developed or adopted by school districts must address legal and technical requirements for teacher evaluation and must assess typical teaching performance relative to 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 for conducting evaluations of teachers employed under continuing contracts. Continuing contract teachers must be evaluated on a continuous basis. 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 must address legal and technical requirements for teacher evaluation and must assess typical teaching performance relative to 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 must be conducted with a goals-based process that requires teachers to continuously establish and accomplish individualized professional development goals. Goals must be established by the teacher, in consultation with a building administrator and must be supportive of district strategic plans and school renewal plans; (6) promulgate regulations so that 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 must establish procedures for conducting periodic evaluations of the quality of the strategies, programs, and processes adopted by school districts and institutions of higher education in implementing the provisions of this chapter in order to provide a basis for refining and improving the programs for assisting, developing, and evaluating teacher candidates and teachers on induction, annual, and continuing contracts, planning technical assistance, and reporting to the General Assembly on the impact of the comprehensive system for training, certification, initial employment, evaluation, and continuous professional development of public educators in this State; (7) promulgate regulations that 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 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) must not be used to evaluate student teachers. Until regulations promulgated pursuant to this section become effective, colleges and universities shall evaluate and assist teacher candidates in accordance with State Board of Education guidelines; and (10) during the 1997-98 school year, the APT must not be required for evaluating induction contract teachers. During this year, if school districts are ready to implement a formal induction program for induction 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, a school district may not use the APT for evaluating induction contract teachers. Until regulations promulgated pursuant to this section become effective, school district strategies, programs, and processes for assisting, developing, and evaluating teachers must be developed, adopted, and implemented in accordance with State Board of Education guidelines.
Teacher contracts, evaluations
Section 2. Section 59-26-40 of the 1976 Code is amended to read:
Section 59-26-40. (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 induction contract. 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 an induction contract. Teachers working under an induction contract must be paid at least the beginning salary on the state minimum salary schedule.
(B) Each school district shall provide teachers employed under induction 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 induction 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 induction teacher was employed, the district may employ the teacher under an 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. A person must not be employed as an induction 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 induction contract period, the employment dismissal provisions of Article 3, Chapter 19 and Article 5, Chapter 25 of this title do not apply.
(D) Annual contract teachers must be evaluated or assisted with procedures developed or adopted by the local school district in accordance with State Board of Education regulations. Teachers employed under an annual contract also must complete an individualized professional growth plan established by the school or district. Professional growth plans must be supportive of district strategic plans and school renewal plans. Teachers must not be employed under an annual contract for more than four years, in accordance with State Board of Education regulations.
(E) During the first annual contract year, at the discretion of the school district in which the teacher is employed, the annual contract teacher either must complete the formal evaluation process or be provided diagnostic assistance. During subsequent annual contract years, teachers must be evaluated or assisted in accordance with State Board of Education regulations. Teachers are eligible to receive diagnostic assistance during only one annual contract year.
(F) Once an annual contract teacher has successfully completed the formal evaluation process, met the criteria set by the local board of trustees, and satisfied requirements established by the State Board of Education for the professional teaching certificate, the teacher becomes eligible for employment at the continuing contract level. At the discretion of the school district in which the teacher is employed, the district may employ the teacher under a continuing contract or terminate the teacher's employment. If employment is terminated, the teacher may seek employment in another school district. At the discretion of the next hiring district, the teacher may be employed at the annual or continuing contract level. An annual contract teacher who has completed successfully the evaluation process and met the criteria set by the local board of trustees, but who has not yet satisfied all requirements established by the State Board of Education for the professional teaching certificate, is eligible for employment under a subsequent annual contract, with evaluation being either formal or informal, at the discretion of the local school district. At the discretion of the school district in which the teacher is employed, the district may employ the teacher under an annual contract or terminate the teacher's employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level. If at the end of an annual contract year a teacher did not complete successfully the formal evaluation process or if it is the opinion of the school district that the teacher's performance was not sufficiently high based on criteria established by the local board of trustees, the teacher is eligible for employment under a subsequent annual contract. Formal evaluation or assistance must be provided, consistent with State Board of Education regulations. At the discretion of the school district, the district may employ the teacher under a subsequent annual contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level.
(G) An annual contract teacher who has not completed successfully the formal evaluation process or the professional growth plan for the second time must not be employed as a classroom teacher in a public school in this State for a minimum of two years. Before reentry as an annual contract teacher, he must complete a state-approved remediation plan in areas of identified deficiencies. Upon completion of this requirement, the teacher is eligible for employment under an annual contract for one additional year 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.
(H) 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 request, within fifteen days after receipt of notice of the recommendation, an informal hearing before the district superintendent. The superintendent shall schedule the hearing not sooner than seven and not later than thirty working days after he receives a request from the teacher for a hearing. At the hearing the evidence must be reviewed by the superintendent. The teacher may provide information, testimony, or witnesses that 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 must 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 causes the decision of the superintendent to become the final judgment in the matter. The board of trustees shall review 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 and not later than fifteen days from the time of the board's determination to hear the matter. The decision of the board is final.
(I) A person who receives a conditional teaching certificate as provided in Section 59-26-30 may be employed by a school district under an induction 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.
(J) After successfully completing an induction 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 must be evaluated on a continuous basis. 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 must be conducted with a process developed or adopted by the local district in accordance with State Board of Education regulations. The formal process also must include an individualized professional growth plan established by the school or district. Professional growth plans must 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, must be conducted with a goals-based process in accordance with State Board of Education regulations. The professional development goals must be established by the teacher in consultation with a building administrator and must be supportive of district strategic plans and school renewal plans.
(K) If a person has completed an approved teacher training program at a college or university outside this State, has met the requirements for certification in this State, and has less than one year of teaching experience, he may be employed by a school district under an induction contract. If he has one or more years of teaching experience, he may be employed by a district under an annual contract.
(L) Teachers certified under the career and technology education work-based 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 an induction 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, and the performance evaluations as required for teachers who are employed under annual contracts. Certification renewal requirements for these teachers are those promulgated by the State Board of Education.
(M) 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 a crime.
(N) The State Department of Education shall ensure that colleges, universities, school districts, and schools comply with the provisions established in this chapter.
Policy
EVALUATION OF INSTRUCTIONAL STAFF
Code GCOA Issued MODEL/04
Purpose: To establish the basic structure for the evaluation of the professional instructional staff in the district to ensure accountability.
The appropriate personnel will evaluate the performance of every instructional employee fairly and on a periodic basis in an effort to improve the quality of all work performance.
The superintendent will enforce the rules, regulations and procedures necessary for conducting an efficient, effective program of employee performance evaluation.
The elements of the performance evaluation program are as follows.
• Every employee is informed of the criteria by which his/her performance is evaluated.
• Every employee has the right to be informed of his/her performance evaluation.
Assisting, Developing, and Evaluating Professional Teaching (ADEPT) System
The district will use the ADEPT System to evaluate all certified teachers employed under induction, annual and continuing contracts. The district will base all evaluations on the ADEPT System Performance Dimensions.
The district will develop plans and procedures for teacher evaluation based on the following components of ADEPT.
Induction programs
The district will develop or adopt induction programs to provide teachers with comprehensive guidance and assistance throughout the school year. These programs must contain criteria and/or requirements necessary for teachers to complete the induction contract year. No person may be employed as an induction teacher for more than one year.
Team Based Evaluation and Assistance Model (TEAM)
Annual contract
Districts must use a valid and reliable process for evaluating and assisting teachers employed under annual contracts to assess the extent to which teachers typically perform at levels required by state standards (ADEPT Performance Dimensions). Districts not using TEAM to conduct formal evaluations must have state board approval of their locally designed process. The process must include components as outlined in state board regulations. Districts must establish criteria or requirements to be met by teachers to successfully complete an annual contract year to include successful completion of the formal evaluation process. Teachers may not be employed under an annual contract for more than four years in accordance with state board of education regulations.
PAGE 2 - GCOA - EVALUATION OF INSTRUCTIONAL STAFF
Continuing contract
The district may conduct formal or informal evaluations of teachers during their continuing contract years. The district will evaluate all continuing contract teachers on a continuous basis. This evaluation may be formal or informal, but a formal evaluation must be conducted if there are concerns about a teacher’s performance or if an employment decision needs to be made.
Teachers consistently performing according to ADEPT PDs should be evaluated informally. This evaluation can be goals-based (Goals Based Evaluation Programs, GBE). Districts not using TEAM to conduct formal evaluations must have state board approval of their locally designed evaluation process. An informal evaluation process designed or selected by the district for use with continuing contract teachers must be approved by the state board.
The district must provide appropriate training for all personnel responsible for conducting the evaluation process.
The district must meet all reporting requirements as outlined in law and state board regulation.
Adopted ^
Legal references:
A. S. C. Code, 1976, as amended:
1. Section 59-26-10 through Section 59-26-40 - A system for the training, certification, initial employment, evaluation and continuous professional development of public educators.
B. State Board of Education Regulations:
1. R-43-205.1 - Assisting, Developing, and Evaluating Professional Teaching (ADEPT).
Teacher Protection Act of 2004
Effective date: Upon signature of the Governor
Summary: The General Assembly in 2004 took steps to underscore the importance of ensuring that school personnel are protected from student violence, including locking in benefits in some instances for personnel who are victims of student assaults. While not a documented problem in South Carolina, the Teacher Protection Act of 2004 makes it clear that student violence against teachers and other school personnel is a serious matter.
This legislation adds a new section to the state’s education code relating to continuing benefits for school personnel injured as a result of a student assault. Under this provision, if the injury prevents someone from returning to their former position within the school district, then they must be allowed to continue to participate in all retirement, insurance and deferred compensation programs that they were enrolled in at the time of the injury. The district must continue to make employer contributions on behalf of the injured employee. This section applies to persons affiliated with the school in an official capacity, including administrators, teachers, non-certified staff, volunteers and school resource officers, or other regularly assigned school-contracted persons.
The Teacher Protection Act of 2004 expands the state criminal code relating to student assault and battery on school personnel (a separate crime created under the School Safety Act of 1997) to include simple assault, a lesser offense, and assault and battery of a high and aggravated nature, a higher offense involving the use of a deadly weapon or which results in serious bodily injury to the victim.
Finally, if a school official reports one of the above incidents under the Act to a school administrator, the administrator must report the incident to law enforcement. This is in addition to the current requirement of school officials, under S.C. Code Section 59-24-60, to contact law enforcement authorities when criminal conduct occurs.
Local district action required: No action is required at this time. This bill was ratified on the last day of the 2004 Legislative Session and has not yet been signed by the Governor.
However, if and when the governor signs this bill, SCSBA recommends an additional statement in the student code of conduct administrative rule. Under Level 3, enforcement procedures, the new language should read as follows.
• If certain offenses occur involving assault and battery against a person affiliated with a school in an official capacity, school officials will contact law enforcement authorities.
Also, the legal reference for the Teacher Protection Act needs to be added to the appropriate policies as follows.
Legal references:
A. S.C. Code of Laws, 1976, as amended:
1. Section 16-3-612 - South Carolina Teacher Protection Act of 2004.
Policy reference: Old code - EBC (Security), JCDA (Behavior Code), LDAJ (Police Department). New code - ECA (Security), JICDA (Code of Conduct), KLG (Relations with Law Enforcement Authorities).
Text: Section 4. A. This section may be cited as the "South Carolina Teacher Protection Act of 2004".
B. Section 16-3-612 of the 1976 Code is amended to read:
Section 16-3-612. (A) For purposes of this section: (1) 'Student' means a person currently enrolled in a school. (2) 'School' includes, but is not limited to, a public or private school that contains any grades of kindergarten through twelfth grade, a public or private college or university, and any vocational, technical, or occupational school. (B) A student who commits simple assault against a person affiliated with a school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons when the offense occurs on school grounds or at a school sponsored event is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both. (C) A student who commits assault and battery, other than one that is aggravated, against a person affiliated with a school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons when the offense occurs on school grounds or at a school sponsored event is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both. (D) A student who commits assault and battery of a high and aggravated nature against a person affiliated with a school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons when the offense occurs on school grounds or at a school sponsored event is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than ten years, or both. A person is guilty of assault and battery of a high and aggravated nature pursuant to the provisions of this subsection if the person intentionally commits an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim. (E) If a school official reports an incident pursuant to this section to any school principal, vice principal, assistant principal, or other school administrator, the school administrator shall report the incident to law enforcement for investigation. (F) Sentencing pursuant to this section must comply with the requirements of Article 15, Chapter 3, Title 16.
C. Section 16-3-1535 of the 1976 Code is amended by adding:
(G) At each proceeding, the summary court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding.
D. Section 16-3-1545 of the 1976 Code is amended by adding:
(N) At each proceeding, the family court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding.
E. Section 16-3-1550 of the 1976 Code is amended by adding:
(H) At each proceeding, the circuit court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding.
F. This section takes effect upon approval by the Governor and applies to offenses committed on or after the effective date.
Textiles Communities Revitalization Act
Effective date: July 1, 2004
Summary: Across South Carolina, some communities wrestle with the issue of what to do with abandoned and run-down textile mills that, while a former cornerstone of the local economy, are now vacant and unproductive from a tax revenue standpoint. The Textiles Communities Revitalization Act was enacted this year in order to create an incentive for the renovation, improvement and redevelopment of abandoned textile mill sites in South Carolina.
Under this new law, improvement, renovation or redevelopment of an eligible site would make a property owner eligible for either a real property tax credit or a personal or corporate income tax credit to be approved by a city or county. A property tax credit would be equal to 25 percent of the rehabilitation expenses made to the site, multiplied by the tax ratio of local taxing entities that have consented to the tax credit. The property tax credit is available for up to eight years. A property owner may receive a credit up to 75 percent of the real property taxes due per year.
SCSBA for some time has been concerned about economic development tax incentives that can impact on a local tax base without the ability of a local board to have any input into the process. This law, similar to changes to the tax increment finance (TIF) district law in 1999, allows a school district, as a local taxing entity, to opt out of participation in the tax credit. A school district must file an objection to the tax credit within a specified time period outlined in the law or it will be deemed to have consented to the credit.
Local district action required: School districts should ensure that they have a process in place to closely monitor county and municipality activity in proposing tax credits under the Textile Communities Revitalization Act. Districts should also be prepared to evaluate and respond to the proposal in a timely fashion.
Policy reference: N/A
Text: Section 1. Title 6 of the 1976 Code is amended by adding:
Chapter 32
Textiles Communities Revitalization Act
Section 6-32-10. This chapter is known and may be cited as the 'South Carolina Textiles Communities Revitalization Act'.
Section 6-32-20. (A) The primary purpose of this chapter is to create a meaningful incentive for the renovation, improvements, and redevelopment of abandoned textile mill sites located in South Carolina. (B) The abandonment of textile mill sites has resulted in the disruption of communities and increased the cost to local governments by requiring additional police and fire services due to excessive vacancies. Many abandoned textile mill sites pose safety concerns. A public and corporate purpose of the local governments will be served by restoring the textile mill sites to a productive asset for the communities and result in increased job opportunities. (C) There exists in many communities of this State abandoned textile manufacturing related or owned facilities. The stable economic and physical development of these areas is endangered by the presence of these abandoned facilities as manifested by progressive and advanced deterioration of structures. As a result of the existence of these abandoned facilities, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies, and crime in the areas together with an abnormal exodus of families and businesses so that the decline of these areas impairs the value of private investments and threatens the sound growth and the tax base of taxing districts in the areas, and threatens the health, safety, morals, and welfare of the public. To remove and alleviate these adverse conditions, it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in the areas by the redevelopment of these abandoned facilities.
Section 6-32-30. For the purposes of this chapter, unless the context requires otherwise: (1) 'Abandoned' means that at least eighty percent of the facilities of the eligible site has been continuously closed to business or otherwise nonoperational for a period of at least one year immediately preceding the time at which the determination is to be made. (2) 'Eligible site' means a site that is designed for use or has in fact been used as a textile manufacturing facility or uses ancillary to it and is located in South Carolina. (3) 'Local taxing entities' means a county, municipality, school district, special purpose district, and any other entity or district with the power to levy ad valorem property taxes against the eligible site. (4) 'Local taxing entity ratio' means that percentage computed by dividing the millage rate of each local taxing entity by the total millage rate for the eligible site. (5) 'Placed in service' means the date upon which the eligible site is suitable for occupancy for the purposes intended. (6) 'Rehabilitation expenses' means the expenses incurred in the rehabilitation of the eligible site, excluding the cost of acquiring the eligible site or the cost of personal property maintained at the eligible site. (7) 'State historic credit' means the South Carolina historic rehabilitation tax credit under Section 12-6-3535.
Section 6-32-40. (A) Subject to the terms and conditions of this chapter, a taxpayer who improves, renovates, or redevelops an eligible site is eligible for one of the following two tax credits: (1) a credit against real property taxes levied by local taxing entities equal to twenty-five percent of the rehabilitation expenses made to the eligible site times the local taxing entity ratio of each local taxing entity that has consented to the tax credit pursuant to subsection (B) below; or (2) a credit against any taxes to which the state historic credit may apply equal to twenty-five percent of the rehabilitation expenses. (B) If the taxpayer elects to receive the credit pursuant to subsection (A)(1) the following provisions shall apply: (1) The municipality or, if the eligible site is located in an unincorporated area, the county first by resolution shall determine the eligibility of the eligible site and the eligibility of the proposed project seeking the credit. Any proposed project beginning after July 1, 2004, must be approved by a majority vote of the local governing body. The foregoing determinations and the municipality's or county's approval of the eligible site and proposed project must be by ordinance and public hearing. The ordinance shall provide for the credit to be taken as a credit against up to seventy-five percent of the real property taxes due on the site each year not to exceed eight years. Before determining the eligibility of the proposed eligible site, the municipality or county shall make a finding that the credit will not violate any covenant, representation, or warranty in any of its tax increment financing transactions. (2) Not less than forty-five days before holding the public hearing contemplated in subsection (B)(1), the governing body of the municipality or county shall give notice to all affected local taxing entities where the eligible site is located of its intention to grant a tax credit for an eligible site and the amount of the tax credit proposed to be granted. If a local taxing entity does not file an objection to the tax credit with the municipality or county on or before the date of the public hearing, the local taxing entity is considered to have consented to the tax credit, provided that the actual tax credit granted is equal to or less than the tax credit stated in the notice of public hearing. (3) The tax credit shall vest in the taxpayer in the tax year when the eligible site is placed in service and may be carried forward, in whole or in part, for up to eight years following that date. (C) If the taxpayer elects to receive the credit pursuant to subsection (A)(2), the following provisions apply: (1) The entire credit may not be taken for the taxable year in which the eligible site is placed in service but must be taken in equal installments over a five-year period beginning with the year in which the property is placed in service. Any unused portion of a credit installment may be carried forward for the succeeding five years. (2) The credit earned pursuant to this subsection by an 'S' corporation owing corporate level income tax must be used first at the entity level. Any remaining credit passes through to each shareholder in a percentage equal to each shareholder's percentage of stock ownership. (3) The credit earned pursuant to this subsection by a general partnership, limited partnership, limited liability company, or any other entity taxed as a partnership pursuant to Subchapter K of the Internal Revenue Code must be passed-through to its partners and may be allocated among any of its partners, including without limitation, an allocation of the entire credit to one partner, in a manner agreed by the partners. As used in this subsection, the term 'partner' means a partner, member, or owner of an interest in the pass-through entity, as applicable. (4) The credit earned pursuant to this subsection is in addition to and does not offset the state historic credit in the event the eligible site also is eligible for the state historic credit. (D) The taxpayer shall elect the mode of credit pursuant to subsection (A)(1) or subsection (A)(2) by providing written notification of its intent to the South Carolina Department of Commerce prior to the date the eligible site is placed in service; provided, that, if the taxpayer did not obtain the approvals contained in subsection (B) or fails to affirmatively make the election prescribed in this chapter before the date the eligible site is placed in service, the taxpayer is considered to have elected to receive the credit provided in subsection (A)(2) without the need for a written election.
Section 6-32-50. The provisions of Chapter 31 of this title also shall apply to this chapter, except the requirements of Section 6-31-40 which may not apply.
Voter registrations in high schools
Effective date: June 15, 2004
Summary: Voter apathy regarding elections of public officials in South Carolina continues to be a major concern. The General Assembly this year took steps to increase participation in this most fundamental building block of the democratic process.
Under a bill passed by the Legislature and signed by the Governor, each South Carolina public high school must make available to its students voter registration application forms. The local voter registration board in each county must provide application forms upon the request of a high school official.
The bill was introduced in the House based on an idea presented by a group of high school students from Columbia.
Local district action required: Districts will need to ensure that voter registration application forms are available at each high school.
Policy reference: N/A
Text: Section 1. Chapter 5, Title 7 of the 1976 Code is amended by adding:
Section 7-5-175. The board of voter registration in each county, or the entity charged by law with registering an elector, shall provide voter registration application forms to the administration of any high school in this State, upon the administration's request.
High schools to make available voter registration forms to students
Section 2. Chapter 39, Title 59 of the 1976 Code is amended by adding:
Section 59-39-200. Each high school in this State shall make available to its students voter registration application forms. Pursuant to Section 7-5-175, the forms must be provided to high school administrators upon their request to the appropriate county voter registration board or entity charged by law with registering an elector.
Fair Labor Standards Act (FLSA)
Effective date: August 23, 2004
Summary: New regulations revising federal overtime rules were issued in April by the U.S. Department of Labor (DOL). Effective at the end of August, these rules concern the exempt status of executive, administrative and professional and other “white-collar” employees under the Fair Labor Standards Act (FLSA).
For nearly two years, the FLSA has been squarely on the radar screen for many South Carolina school districts. The issue of overtime pay for school district nonexempt employees has been under litigation in South Carolina and a handful of other target states with the basic claim being a failure to pay required overtime in excess of 40-hour workweek to nonexempt employees.
Briefly, the FLSA sets forth basic wage/hour law for the work place, including guidelines for non-exempt and exempt employees. FLSA requires that “covered” or “nonexempt” employees (generally non-administrator, support staff employees) receive overtime (time and one-half) or compensatory time when working over 40 hours a week. To be exempt from overtime requirements, employees must meet a two-part test: (1) they must be paid a certain amount on a salary basis, and (2) they must perform certain duties.
Relatively unchanged in the past 50 years, the new regulations increase the minimum weekly salary requirement and significantly redefine the white collar exemption tests that are used to determine whether an employee must be paid overtime, or is exempt from the overtime requirements. White collar exemptions permit employers to not pay overtime to qualifying executive, administrative and professional employees.
According to the DOL, the new regulations are intended to strengthen and clarify workers’ overtime rights. Below is a brief description of some of the changes.
Increased salary threshold
The final regulations guarantee overtime for employees who earn less than $455 per week ($23,660 annually), without any consideration of their job duties. This is an increase from $155 per week ($8,060 annually) under the previous rules.
Standard duties test
The new regulations eliminate the long and short duties tests, replacing them with a standard duties test for each category of exempt employees. Some of the previous duty requirements carried forward into the new rules. What follows are some of the more noteworthy “duties test” changes for these categories.
• Executive employees: must now have authority to hire or fire other employees, or otherwise have “effective authority” to suggest and recommend hiring, firing or any other change in employment status of other employees.
• Administrative employees: must now have primary duties that include the exercise of independent judgment with respect to matters of significance.
• Professional employees: still includes learned professionals and creative professionals; however, learned professionals may now include employees who have substantially the same knowledge level and perform substantially the same work as degreed employees, but who attained the advanced knowledge through a combination of work experience and intellectual instruction.
Deductions for disciplinary suspensions
The new regulations allow employers to deduct pay for disciplinary suspensions of one or more full days imposed in good faith for infractions of workplace conduct rules without risking the loss of an employee’s exempt status. Previous rules only allowed deductions for weekly intervals.
Safe harbor rule
The new rules create a “safe harbor” that may cover an employer under certain circumstances that include specific policy language requirements, in the event improper deductions are made involving exempt employees. Utilization of a safe harbor is optional for districts.
The above information is not intended to be a complete analysis, or give legal advice regarding the new DOL regulations, but is only a brief description of some of the relevant changes.
The Department of Labor has developed a web site covering the rules changes at fairpay. Included on this site are links to various components of the final rules, fact sheets and other guidance.
Local district action required: The National School Boards Association advises that, in light of these changes, districts should ensure that every employee is properly classified. Further, districts wanting to take advantage of the salary docking rules and the safe harbor should ensure that the language is in their policy. Finally, districts should ensure compliance with FLSA overtime rules regarding nonexempt employees.
SCSBA recommends districts reuse their existing administrative rule dealing with FLSA to reflect the changes in the federal regulations.
Model administrative rule follows text.
Policy reference: Old code - GCRD (Overtime Pay). New code - GDBC (Support Staff Supplementary Pay/Overtime).
Text:
Administrative Rule
SUPPORT STAFF SUPPLEMENTARY PAY/OVERTIME
Code GDBC-R Issued MODEL/04
Minimum wage
The minimum wage paid on an hour-by-hour basis to all employees either full or part time, permanent or temporary will be at the approved rate as determined by the federal government, except under designated training and apprenticeship programs exempt under special U.S. Department of Labor certification.
Workweek
A workweek will be a continuous period of 168 hours in the form of seven consecutive 24-hour periods. The district workweek begins at 12:01 a.m. each Monday for all employees and runs for seven consecutive days. Each workweek stands alone for the purpose of determining overtime pay for non-exempt employees.
Hours worked
Hours worked means all hours during which the individual is required to be on duty - generally from the required starting time to normal quitting time. Meal periods do not count as hours worked unless the individual is required to perform work duties during the meal period. Break periods of 20 minutes or longer do not count as work time.
Travel
Ordinary travel time from home to a base location or vice versa is not work time. Official travel that occurs during an individual's regular working hours will be considered hours worked.
Leave
Time taken for annual leave, sick leave, leave without pay or other leave taken for the purpose of jury duty, military assignment or because of death in the family will not be counted as time worked and is therefore not counted as compensable time for the purpose of overtime pay.
Part time in different capacity
If individuals are employed in one capacity but voluntarily work part time in a different capacity on an occasional or sporadic basis, the hours logged in the secondary capacity will not be counted as hours worked for overtime purposes.
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Substitution in same capacity
Employees, at their own option but with the approval of the employer, may substitute during scheduled hours for other employees employed in the same capacity. In the case of such substitution, the hours involved are credited to the scheduled employee and not to the substitute employee. The employer need not maintain a record that the substitution has taken place.
Overtime hours
Overtime hours will be held to a minimum consistent with the needs and requirements of sound and orderly administration. All overtime hours worked by non-exempt employees must be scheduled and duly authorized. With respect to the payment of overtime in money, or in compensatory time, the district will have the discretion to determine which method of payment to choose. The district reserves the right to require employees taking compensatory time to schedule comp time in minimal increments of four hours. This requirement is subject to change by the district upon written notification to all affected employees.
Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the employee's regular rate for that week is the weighted average of such rates. (That is, the earnings from all such rates are added together.) This total is then divided by the total number of hours worked at all jobs.
Compensatory time off
Non-exempt employees who work more than 40 hours during any workweek may be awarded compensatory time off ("comp time"). Comp time will be awarded at the rate of one and one-half hours for each hour of overtime worked.
• Comp time may be accrued up until 240 hours (160 overtime hours). Overtime work beyond this maximum accrual will be monetarily compensated at the rate of one and one-half times the individual's normal hourly rate of pay.
• Every effort will be made to permit the use of comp time at the time mutually agreed upon by the individual and his/her supervisor. However, where the individual's absence would unduly disrupt the district's operations, the district retains the right to postpone comp time usage.
• Time off later for working on an official holiday will not be considered compensatory time off but as a delayed holiday. Employees who are required to work on an announced holiday must be given equal time off within the same fiscal year.
Monetary compensation
Non-exempt employees who work in excess of 40 hours per workweek will be paid at one-and-one-half times their "regular rate."
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Termination
Individuals with unused comp time who are terminated or who terminate their employment will be paid for unused comp time at one and one-half times their final regular rate of pay or for the average regular rate of pay for the final three years of employment, whichever is higher.
Volunteers
A volunteer is defined as an individual who receives no compensation or who is paid expenses, reasonable benefit, or a nominal fee to perform the services for which the individual volunteered and such services are not the same type of services which the individual is employed to perform for the district.
Students
Vocational students performing work as part of a curriculum are students and not workers. Students helping in office capacities for short periods of time are volunteers and not employees.
Exclusions
Executive, administrative and professional employees will be considered exempt if they meet all of the following respective duties tests for exemption from coverage under the law.
Highly compensated employees
Employees who perform office or non-manual work and earn a salary of at least $100,000 per year will be completely exempt from coverage in that they regularly and customarily perform at least one of the duties of an exempt executive, administrative or professional employee. The $100,000 compensation can include bonuses and commissions, but not benefits.
Executive
The employee's primary duty consists of the following.
• Management of the enterprise or of a customarily recognized department or subdivision.
• The employee must customarily and regularly direct the work of at least two or more other employees.
• The employee must have the authority to hire or fire other employees; or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight.
The employee must devote no more than 20 percent of his/her hours worked to activities not directly and closely related to the managerial duties.
The employee must be paid on a salary basis at a rate of at least $455 a week exclusive of board, lodging or other facilities.
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Administrative
The employee's primary duty consists of the following.
• performance of office or non-manual work directly related to the management or general business operations of the employer or the employer's customers
• includes the exercise of discretion and independent judgment with respect to matters of significance
The employee must not spend more than 20 percent of the time worked in the workweek on work that is not directly and closely related to the administrative duties discussed above.
The employee must be paid on a salary or fee basis at a rate of not less than $455 a week exclusive of board, lodging or other facilities.
Professional
The employee's primary duty consists of the following.
• work requiring advance knowledge (defined as work which is predominately intellectual in character, and which includes work requiring consistent exercise of discretion and judgment) in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study
• work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor
The employee must do work that is predominately intellectual and varied as distinguished from routine mental, manual, mechanical or physical duties.
The employee must not spend more than 20 percent of the time worked in the workweek on activities not essentially a part of and necessarily incident to the professional duties.
The employee must be paid on a salary or fee basis at a rate of not less than $455 a week exclusive of board, lodging or other facilities.
Permissible deductions
The district can take deductions from an exempt employee’s salary for violations of workplace conduct rules without risking the loss of the exempt employee’s status.
Safe harbor rule
The district will lose overtime exemptions if and when it has an actual practice of making improper deductions from an employee’s salary. The district may utilize a “safe harbor” to reduce the risk that improper deductions will destroy an exemption by ensuring the following.
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• has a clearly communicated policy prohibiting improper deductions and includes a complaint mechanism
• reimburses employees for any improper deductions
• makes a good faith commitment to comply with FLSA regulations in the future
The district will lose the protection of the “safe harbor” if it willfully violates the above provisions and continues to make improper deductions.
Record-keeping
Exempt employees
The following records must be kept for each employee.
• name and identifying number
• home address
• birth date if the employee is under 19
• sex and occupation in which employed
Non-exempt employees
The following records must be kept for each employee.
• name and identifying number
• home address
• sex and occupation in which employed
• time and day on which his/her workweek or work period begins and length of the work period
• regular rate of pay for any workweek or work period
• hours worked each day and each workweek or work period
• total daily, weekly or work period straight-time earnings (includes one time, but not time and one-half pay for overtime)
• overtime excess compensation (the "half time" or more extra compensation for overtime)
• total additions to or deductions from wages paid each pay period
• total wages paid each pay period
• date of payment and the pay period covered by the payment
Retention of records
Preserved for three years
• payroll records
• certificates, agreements, plans, notices, etc. (e.g. contracts, written agreements or memoranda summarizing the terms of oral agreements)
• sales and purchase records
PAGE 6 - GDBC-R - SUPPORT STAFF SUPPLEMENTARY PAY/OVERTIME
Preserved for two years
• supplementary basic records such as basic employment and earnings records, wage rate tables and work time schedules
• order, shipping and billing records
• records of additions to or deductions from wages paid
• records which explain the basis for payment of any wage differential to employees of the opposite sex in the same establishment (29 C.F.R. Sec 516.6)
Issued ^
Health Insurance Portability and Accountability Act (HIPAA)
Family Educational Rights and Privacy Act (FERPA)
Effective date: NA
Summary: The interplay between HIPAA and FERPA continues to cause uncertainty among school officials. To date, there has been little guidance from the federal government regarding school-specific guidance on these two areas of federal regulation that intersect on student records.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) required the U.S. Department of Health and Human Services (HHS) to develop rules regarding the distribution and privacy of patient health information. HIPAA is concerned with: (1) standardizing electronic communication of patient health information between health care providers and health insurers; and (2) establishing rules protecting the security and privacy of “protected health information,” or PHI (these security standards and privacy rules together are referred to as the “Privacy Rule”). For a general discussion of the Privacy Rule, effective in 2003, and its potential impact on schools, see the 2003 Policy and Legislative Update.
The federal Family Educational Rights and Privacy Act (FERPA) of 1974 protects the privacy of student education records and parents’ access rights to those records. In brief, under FERPA, personally identifiable information from a student’s “educational record” cannot be disclosed without parental consent.
Both acts protect the privacy of student health records, and the interplay between them has engendered a good deal of confusion among school officials and attorneys. For privacy purposes, “educational records” as defined by FERPA are excluded from HIPAA’s definition of “protected health information.” In February, U.S. Department of Education’s (DOE’s) Family Policy Compliance Office (FPCO) issued a letter indicating that the release by school districts of student immunization records to public health entities is governed not by HIPAA but by FERPA. Disclosure to public health entities therefore, would require parental consent, editing or revising personally identifiable information, or a determination by school officials that disclosure is necessitated by a health or safety emergency presenting imminent danger to students or other members of the community. FPCO’s letter may be found at print/policy/gen/guid/fpco/ferpa/library/alhippaa.html.
In June, the National School Boards Association (NSBA) was one of a group of seven organizations that wrote to HHS and DOE urging them to work together to provide additional guidance regarding privacy requirements applicable to student health information under HIPAA. Included in the letter was a call for specific guidance regarding the interplay between HIPAA and FERPA. A copy of the letter may be found at cosa2/health.pdf.
In July, the National School Boards Association (NSBA) issued a draft guidance document on the HIPAA privacy rule regarding student records. To date, a final version of this document is unavailable.
FERPA update
In April, the U.S. Department of Education (DOE) issued final regulations, effective May 21, to FERPA on receiving signed and dated written consent in electronic format. Under FERPA, the above-noted parental consent must be signed and dated. DOE’s final regulation states that such consent may be in electronic form that (1) identifies and authenticates a particular person as the source of the electronic consent, and (2) indicates such person’s approval of the information contained in the electronic consent. Additional guidance from DOE on further examples of an acceptable process is forthcoming.
Local district action required: Districts have an extensive administrative rule in place covering student records. SCSBA recommends adding a definition of electronic consent to the administration rule as follows. SCSBA will continue to update for major revisions.
“Written consent” as used in the policy and administrative rule includes signed and dated written consent in electronic format that does the following.
• Identifies and authenticates a particular person as the source of the electronic consent.
• Indicates the person’s approval of the information in the electronic consent.
Policy reference: Old code - GAK (Personnel Records), JR (Students Records). New code - GBJ (Personnel Records and Files), JRA (Student Records).
Text: The final regulations of FERPA guidelines for signed consent in electronic format can be found at legislation/FedRegister/finrule/2004-2/042104a.html.
National School Lunch Program
Effective date: July 1, 2004
Summary: Issues concerning childhood obesity and the overall fitness of children have led to national and state initiatives to study and address these concerns. At the federal level, President Bush on June 30 signed into law legislation to reauthorize the National School Lunch Program, with the objectives of promoting student health and reducing childhood obesity through better nutrition and physical activity.
Included in the reauthorization are requirements for new school wellness policies that local school districts participating in the federal school lunch or breakfast program must have in place no later than the first day of the school year beginning June 30, 2006.
Under the final legislation, which is part of the Child Nutrition and WIC (supplemental food for women, infants and children) Reauthorization Act of 2004, the federal government is precluded from dictating the content of these local wellness policies and, importantly, does not preempt local authority over competitive foods or foods available through vending machines.
These local wellness policies, at a minimum, must do the following.
• Include goals for nutrition education, physical activity and other school-based activities that are designed to promote student wellness in a manner that the local district determines is appropriate.
• Include nutrition guidelines selected by the local district for all foods available on each school campus during the school day with the objectives of promoting student health and reducing childhood obesity.
• Provide assurance that guidelines for reimbursable school meals are not less restrictive than regulations issued by the U.S. Agricultural Department.
• Establish a plan for measuring implementation of the local wellness policy, including designation of staff to be charged with the responsibility for ensuring each school meets the policy.
• Involve parents, students, school food authority representatives, the school board, school administrators and the public in development of the wellness policy.
The legislation also made changes in the procedures schools use to determine whether children are eligible for free or reduced-price meals and streamlined the application process. Specifically, the following changes were made.
• Family eligibility, once established, is to continue for the entire school year, with a goal of significantly reducing paperwork.
• Established a phased-in process whereby children in households that receive food stamps are to be directly certified as eligible for free lunches and breakfasts, without further application.
• When eligibility for free meals is determined for a family, the school may not request separate applications for each child in the family.
• At the option of a state, Medicaid information may be shared with the local district for the purpose of verifying the certification of children for free or reduced-price meals.
The U.S. Department of Agriculture will be issuing guidance and regulations relating to implementation of the Child Nutrition and WIC Reauthorization Act of 2004.
Local district action required: None at this time. SCSBA will be working with the National School Boards Association on policy recommendations.
Policy reference: Old code - EE (Food Services Management), EED* (Competitive Food Sales/Vending Machines). New code - EF (Food Services), EFE (Competitive Food Sales/Vending Machines).
Text: d/Governance/Legislation/PL_108-265.pdf
Local law report
Below is an alphabetized list of local laws passed this session. Some bills have been ratified (denoted by a number preceded by “R”), but have not yet been sent to the Governor. "Effective" means the Governor has signed the bill or it became law without his signature. Please check the legislative web site at for the most recent status and for more details of each bill, or contact Scott Price or Sandy Poole at SCSBA.
H.5057 (R.283) Abbeville County Schools, missed school days, effective April 22.
S.920 (R.234) Aiken County Schools, 3 excused days/inclement weather, effective April 22.
H.4627 (R.292) Anderson County Schools, filing for board election, effective April 29.
H.4700 (R.208) Bamberg County Schools, missed school days, effective March 10.
S.951 (R.239) Barnwell County Schools, 3 excused days/inclement weather, effective April 22.
H.4923 (R.275) Barnwell County Schools, missed school days, effective April 22.
H.4942 (R.276) Cherokee County Schools, missed school days, effective April 22.
S.954 (R.242) Chester County Schools, 3 excused days/inclement weather, effective April 22.
H.4695 (R.223) Chesterfield County Schools, missed school days, effective March 26.
H.4748 (R.267) Clarendon County Schools, missed school days, effective April 22.
H.4544 (R.205) Clarendon County Schools, property tax relief act, effective March 5.
S.481 (R.199) Clarendon One Schools, school building funds/operational costs, ratified March 2,
veto continued April 21.
H.4702 (R.209) Clarendon One Schools, school building funds/operational costs, ratified March 2,
veto continued April 21.
S.727 (R.153) Clarendon Two Schools, start and ending date, effective January 15.
S.1141 (R.289) Darlington County Schools, 3 excused days/inclement weather, effective April 29.
H.4883 (R.228) Darlington County Schools, missed school days, effective March 26.
H.4681 (R.264) Darlington County Schools, missed school days, effective April 22.
H.4707 (R.225) Dillon County Schools, missed school days, effective April 1.
S.1194 (R.398) Edgefield County Schools, bond property tax relief act, effective June 15.
S.922 (R.236) Edgefield County Schools, 3 excused days/inclement weather, effective April 22.
S.998 (R.220) Edgefield & McCormick County Schools, 3 excused days/inclement weather, effective March 30.
S.957 (R.245) Fairfield County Schools, 3 excused days/inclement weather, effective April 22.
S.832 (R.187) Florence Three Schools, board member elections, effective February 18.
H.4937 (R.226) Greenville County Schools, missed school days, effective March 26.
H.5244 (R.383) Horry County Schools, bond property tax relief act, effective June 15.
H.4917 (R.273) Laurens 55 Schools, missed school days, effective April 22.
H.4960 (R.277) Laurens 56 Schools, missed school days, effective April 22.
S.1143 (R.302) Lee County Schools, 3 excused days/inclement weather, effective May 11.
S.953 (R.241) Lexington 1 & 2 Schools, 3 excused days/inclement weather, effective April 22.
S.1127 (R.251) Lexington County Schools, property tax relief act, effective April 23.
H.5130 (R.316) Lexington/Richland Five Schools, terms of office, effective May 11.
S.1142 (R.290) Marlboro County Schools, 3 excused days/inclement weather, effective April 29.
H.4919 (R.274) Marlboro County Schools, missed school days, effective April 28.
S.1193 (R.397) McCormick County Schools, bond property tax relief act, effective June 15.
S.921 (R.235) McCormick County Schools, 3 excused days/inclement weather, effective April 22.
S.1082 (R.247) Newberry & Saluda County Schools, 3 excused days/inclement weather, effective April 22.
S.952 (R.240) Orangeburg County Schools, 3 excused days/inclement weather, effective April 22.
S.1104 (R.250) Pickens County Schools, missed school days, effective April 22.
H.5033 (R.280) Spartanburg County Schools, 3 excused days/inclement weather, effective April 22.
S.1136 (R.301) Sumter County Schools, filing for board election, effective May 11.
S.955 (R.243) Union County Schools, 3 excused days/inclement weather, effective April 22.
H.4793 (R.313) Williamsburg County Schools, missed school days, effective May 18.
S.956 (R.244) York County Schools, 3 excused days/inclement weather, effective April 22.
S.1207 (R.355) Rock Hill(York Three) County Schools, valuation adjustment, effective June 16.
S.1091 (R.248) Fort Mill(York 4) County Schools, 3 excused days/inclement weather, effective April 22.
Regulations
Effective date: see table
Summary: During the 2004 legislative session, the General Assembly approved new or amendments to many state board of education regulations. It is not our purpose here to discuss all of the changes. We have reviewed our model policy manual and noted those policies that contained legal references to changed regulations. We have also made changes in these policies, if needed, based on comparisons of policy language and regulation changes. We will only discuss those regulations here that affect our model policies. A table outlining the status of all final regulations follows.
The information below is arranged numerically by state board regulation number. Beneath the policy reference is a brief discussion of the regulation followed by a summary of our model policy and any action SCSBA has taken based on these regulations.
If your local policy or administrative rule appears to be in conflict with the regulation as repealed, amended or otherwise, you should consider updating either one or both.
For the full text of a regulation, visit the state department of education web site at . Click on legislation and either bullet dealing with 2004 regulations. Click on the regulation or the document number. You will be able to view the document or print it in its entirety.
Regulation 43-262 Assessment Program (Document No. 2613).
Policy reference: Old code - II (Testing Programs), IIB (Test Administration), IHE (Promotion and Retention), IHF (Graduation Requirements). New code - ILB (Test/Assessment Administration), ILBB (State Program Assessments), IKE (Promotion, Retention and Acceleration of Students), IKF (Graduation Requirements).
Amendments to this regulation generally update information to achieve consistency with requirements of current state and federal legislation by further defining the statewide assessment program and the responsibilities of the state department and local boards in implementing it; updating the high school assessment program and first and second grade readiness tests; and adding the state assessment as part of National Assessment of Educational Progress (NAEP) as required by NCLB. Specifically, the amendments reflect the phase out from the BSAP exit examination to the High School Assessment Program (HSAP). The exit examination required by the Basic Skills Assessment Program (BSAP) will remain in effect until the discontinuation of the examination after the summer 2005 administration. The English/language arts and mathematics parts of the High School Assessment Program (HSAP) will be in effect for the graduating class of spring 2006 with the implementation of other tests in accordance with a timeline published by the state department of education.
SCSBA action: Revise existing policy and administrative rule on state program assessments (see pages 38-40) as well as existing administrative rule on graduation requirements (see pages 41-43) to reflect the amendments to this regulation as well as revised legal references. Any references to BSAP exit examination in other polices, etc. need to be changed to HSAP. SCSBA will continue to customize for major policy revisions.
Regulation 43-234 Defined Program, Grades 9-12 (Document No. 2868).
Policy reference: Old code - IDA (Basic Program), IHF (Graduation Requirements). New code - IHA (Basic Instructional Program), IKF (Graduation Requirements).
This regulation requires all public high schools to provide a rigorous, relevant curriculum for all students. Each school district must use the academic achievement standards adopted by the state board of education to encourage high performance by students.
Changes to this regulation involve deletion of some out of date information (STAR Diploma, 20 units of credit), clarification of some existing language, streamlining the annual updating of the course listing for high schools, new requirements for core unit alternative courses to be aligned with curriculum standards, and aligning some changes for credits in adult education and the issuance of dual credit with the R43-259 Graduation Requirements.
Additional changes to this regulation have added the requirement that, beginning with the 2005-06 school year, students must take one unit of physical science prior to the end of the tenth grade in preparation for taking the exit examination, and included new language addressing the phase-out of out-of-field teaching permits in special education under NCLB.
SCSBA action: Amend administrative rule regarding graduation requirements (see pages 41-43) to reflect some revised wording and additional information regarding graduation. The rule also reflects the changes in the exit examination as outlined in R43-262 Assessment Program. Districts are encouraged to review this amended regulation in its entirety as it impacts implementation in many different curriculum areas.
Regulation 43-261 District and School Planning (Document No. 2879).
Policy reference: Old code - BA (Goals and Objectives). New code - ADA (School District Goals and Objectives).
SCSBA updated this policy and rule dealing with comprehensive plans and updates required by Act 135 to reflect the performance-based accountability system as required by the EAA in 1998. This year, an advisory committee of 24 district strategic planning coordinators recommended additional updates to the regulation to reflect the provisions of the EAA of 1998, No Child Left Behind Act of 2001, and amendments to the Early Childhood Development and Academic Assistance Act of 1993 (Act 135). Districts and schools are required to create new five-year district strategic plans and school renewal plans by April 30, 2005.
SCSBA action: Amend model policy and administrative rule (see pages 44-47) to reflect the requirements of the amended regulation. SCSBA will continue to customize for major policy revisions.
Regulation 262.4 End-of-Course (Document No. 2880).
Policy reference: Old code - IHA (Grading Systems), IHAA (Final Examinations), II (Testing Program), IIB (Test Administration). New code - IKA (Grading/Assessment Systems), IKAA (Tests and Examinations), ILB (Test/Assessment Administration), ILBB (State Program Assessments).
This regulation was amended to remove course numbers that may be inaccurate and subject to change and goes along with the deletion of Appendix A, List of Courses and Instructional Activity Codes in R43-234. The listing will now be available on the state department of education web site. Changes to this regulation also clarify that eligible examinees for end-of-course tests are those students who are enrolled in courses that cover the content standards for the gateway courses irrespective of course titles, numbers or grade level in schools.
SCSBA action: No policy action required.
Regulation 43-220 Gifted and Talented (Document No. 2878).
Policy reference: Old code - IDDD (Gifted/Talented). New code - IHBB (Gifted and Talented Education).
This regulation has been amended in many areas, such as an increase in teacher-pupil ratios to reflect current practices and in keeping with district requests for waivers in class size, changes in qualifying criteria, changes in procedures for removing a student from the gifted program (to be established by the state department by January 1, 2005), clarification that professional development in gifted education must be provided annually by the district, and a complete revision of the artistic section. Also included are new reporting criteria for districts regarding the performance of gifted students on PACT, AP and IB examinations.
SCSBA action: No policy action is required although a model is included on page 48 for those districts wishing to check their existing policy. Those districts with administrative rules implementing this program need to adjust the language to reflect the changes in the regulation.
Regulation 43-209 Nonprofessional/Paraprofessional Personnel Positions (Document No. 2852).
Policy reference: Old code - GCD (Classified Hiring). GDD (Paraprofessional Hiring). New code - GDF (Support Staff Hiring).
The No Child Left Behind Act requires that all instructional paraprofessionals in Title I schoolwide or targeted assistance programs must meet certain requirements in order to serve in this capacity. The requirements apply to newly hired instructional paraprofessionals effective January 8, 2002, and to all instructional paraprofessionals working in these programs by January 8, 2006. Regulation 43-209 has been amended to align the state regulation with the requirements of the federal law. The state department will also maintain an electronic registry indicating whether the instructional paraprofessional has met the NCLB requirements.
SCSBA action: Districts have a hiring policy for support/classified/paraprofessional staff stating the following “It is the superintendent’s responsibility to ensure that all persons employed meet the qualifications established for the particular position.” This statement covers adherence to the requirements of NCLB and state board of education Regulation 43-209. However, we do recommend the addition of these legal references to the support staff hiring policy as follows.
Legal references:
A. Federal law:
1. Public Law 107-110 - No Child Left Behind, revised Elementary and Secondary Education Act (ESEA) of 2001, Title 1, Part A, Subpart 1, Section 1119 - Qualifications for teachers and paraprofessionals.
B. State Board of Education Regulations:
1. R43-209 - Nonprofessional/paraprofessional personnel positions, qualifications and duties.
Regulation 43-64 Requirements for Initial Certification at the Advanced Level (Document No. 2877).
Policy reference: Old code - CEA (Qualifications of the Superintendent). New code - CBA (Qualifications of Superintendent).
The state board of education has amended this regulation to clarify certification requirements for individuals in instructional support areas at the advanced level, including school district superintendents. While the requirement of completion of an approved preparation program for traditional superintendent certification has been clarified, of special interest to boards will be the addition of an alternative route for the certification of district superintendents.
Local boards may now accept verification of at least 10 years of successful experience in a senior position(s) of leadership such as chief executive officer in a business, corporation or agency, military officer or other position with responsibilities similar to those of a district superintendent along with other specific criteria when they wish to employ an individual with a non-education related background as a superintendent.
SCSBA action: Amend policy (see page 49) if you have this information in your policy manual to reflect the requirements of the amended regulation as well as updated legal references. For upcoming major policy revisions, SCSBA has eliminated this policy since the hiring of the superintendent is a function of the board and the determination of qualifications is inherent in the hiring process.
Regulation 43-274 Student Attendance (Document No. 2028).
Policy reference: Old code - IHA (Grading Systems), JB (Attendance), JBD (Absences and Excuses), JBE (Truancy). New code - IKA (Grading/Assessment Systems), JH (Student Absences and Excuses), JHB (Truancy).
This regulation was amended to define the term “truancy” for the accurate and uniform collection of this data on a statewide basis to meet information management and reporting requirements of the No Child Left Behind Act. Additionally, the amendments clarify intervention requirements to improve student attendance as well as the referral procedure for truants to family court. A new section has been added to this regulation to encourage school districts to work in collaboration with the juvenile justice department to establish a system of graduated sanctions and community-based alternatives prior to referring a child to family court for failure to attend school.
The need for a make-up program for student absences is also addressed in this regulation. The program must require the student to meet the minimum number of hours for course credit and provide rigorous academic learning experiences.
SCSBA action: Revise existing policy and administrative rule for student absences and excuses (see pages 50-54). SCSBA does not have a model truancy policy, but if districts have one, it needs to be reviewed in light of the additional information in the revised regulation.
SCSBA recommends the addition of this legal reference to the grading/assessment policy IKA as follows.
A. State Board of Education Regulations:
1. R43-274 - Student attendance.
Regulation 43-273 Transfers and Withdrawals (Document No. 2027).
Policy reference: Old code - JBCB (Nonresident Students), JBCD (Transfers and Withdrawals), JR (Student Records). New code - JFAB (Nonresident Students), JFABC (Admission of Transfer Students), JRA (Student Records).
Student records are governed by extensive federal and state laws and regulations, some of which include the Family Educational Rights and Privacy Act (FERPA), the No Child Left Behind Act, School Safety Acts of 1997 and 1998, the Juvenile Justice Code and various sections of the code. Student discipline records are a part of the student’s permanent school records and as such are affected by many of these provisions.
To further comply with provisions of the No Child Left Behind Act, the state must provide an assurance that school districts have a procedure in place to facilitate the transfer of student disciplinary records, with respect to suspension or expulsion, to public or private schools upon enrollment of a student. The state board of education regulation dealing with transfers and withdrawals has been amended by adding this specific language.
Note: For a detailed discussion of the changes regarding juvenile records, refer to the 2000 Policy and Legislative Update, page 26.
SCSBA action: Several policies need minor modifications to bring them up to date as noted below. The changes involving the cross reference and revised legal references do not require board approval. However, the board does need to be informed of the changes to administrative rule JRA-R and may approve if so desired.
• Add a cross reference statement to policy JFAB Nonresident Students as follows.
“See administrative rule JRA-R for information pertaining to the transfer of student records.”
Update legal reference.
A. State Board of Education Regulations:
1. R43-273 - Transfers and withdrawals.
• Revise legal references for policy JRA Student Records.
A. United States Code, Annotated:
1. Section 438 of the General Education Provisions Act, as amended - The Family Education Rights and Privacy Act [20 U.S.C. 1232 (g)].
2. 10 USC Section 503 - National Defense Authorization Act of 1999, as amended by the Hutchinson Act.
3. P.L. 107.56 - The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act.
4. 20 U.S.C. Section 7165 (2001) - No Child Left Behind Act.
A. South Carolina Code of Laws, 1976 as amended:
5. Section 20-7-8510 - Confidentiality and exceptions; policies for transmission of information; inter-agency agreements; reports and recommendations by the department; notice to school principal; information provided to victims; privileges preserved.
6. Section 20-7-8515 - Law enforcement records; confidentiality.
7. Section 59-63-50 - Provides for students to be fingerprinted.
8. South Carolina School Safety Act of 1997 - Sections 16-3-612, 20-7-7210, 22-3-560, 59-63-370 through 390.
C. State Board of Education Regulations:
1. R43-273 - Transfers and withdrawals.
D. Court order:
1. Alexander S. by and through Bowers v Flora Brooks Boyd 876 F. Supp 773 (1995).
• Revise administrative rule JRA-R Student Records by adding “discipline records” to the list of information contained in a student’s record file.
• Substitute the following information in your rule.
Students transferring to another school
When a student transfers to another school or school district, the school will send the student’s permanent school records, including incident reports relating to charges for certain offenses as outlined in law and the disciplinary record of suspensions and expulsions, to the receiving school and notify the parent of the transfer.
2004 Regulations Status Table
| |Reg. No. |Doc. |Title |Effective |
| |43 |No. | |Date |
|1. |53* |2776 |Credential Classification (Amend) |11/28/03 |
|2. |54 |2875 |Additional Areas of Certification (Delete) |5/28/04 |
|3. |62** |2876 |Requirements for Additional Areas of Certification (Amend) |6/25/04 |
|4. |64** |2877 |Requirements for Initial Certification at the Advanced Level (Amend) |6/25/04 |
|5. |209* |2852 |Nonprofessional/paraprofessional Personnel Positions (Amend) |11/28/03 |
|6. |220** |2878 |Gifted and Talented (Amend) |6/25/04 |
|7. |234 |2868 |Defined Program, Grades 9-12 (Amend) |5/28/04 |
|8. |261** |2879 |District and School Comprehensive Planning (Amend) |6/25/04 |
|9. |262* |2613 |Assessment Program (Amend) |1/23/04 |
|10. |262.4 |2880 |End-of-Course (Amend) |5/28/04 |
|11. |273* |2027 |Transfers and Withdrawals (Amend) |12/26/03 |
|12. |274* |2028 |Student Attendance (Amend) |11/28/03 |
|13. |303** |2881 |Flexibility Thru Deregulations (Amend) |6/25/04 |
*General Assembly review not required for these regulations. Effective when published in the State Register.
**These regulations have been approved on the expiration of the one-hundred-twenty-day review period and will become effective upon publication in the June 25, 2004, State Register.
Current copies of regulations that are now effective can be obtained from the following Web site:
.
Source: South Carolina State Department of Education 2004.
Policy
STATE PROGRAM ASSESSMENTS
Code ILBB Issued MODEL/04
Purpose: To establish the basic structure for statewide assessment programs.
Statewide assessment program
All students attending district schools will participate in the statewide assessment program as mandated by current applicable laws and regulations. This program will continuously assess each individual student's progress (K-12) in relation to the statewide academic standards and guidelines for English/language arts, writing, mathematics, social studies and science.
The state readiness program will be administered each year as prescribed by the state.
The district will comply with administrative rules prepared by the administration as well as state law and regulations in the implementation of the statewide assessment program.
Students with disabilities will be included in the assessment program in compliance with the provisions of state and federal laws and regulations.
Adopted ^
Legal references:
A. Federal law:
1. 20 U.S.C. Sections 6310, et. seq. - No Child Left Behind Act of 2001.
B. S. C. Code, 1976, as amended:
1. Section 59-30-10, et. seq. - Duties of state board of education concerning state basic skills assessment program.
2. Sections 59-18-310, et. seq. - Education Accountability Act of 1998.
C. State Board of Education Regulations:
1. R43-262 - Assessment programs.
2. R43-262.4 - End of course tests.
Administrative Rule
STATE PROGRAM ASSESSMENTS
Code ILBB-R Issued MODEL/04
Statewide assessment program
Administration of test
The district's assessment program will include continuous assessment of the individual student's progress in relation to the state standards of student achievement for K-12.
Inservice training
The district will provide appropriate inservice training for staff, including newly employed certified personnel, involved in implementing the statewide assessment program. This training will help to insure efficient and effective methods of instruction.
Notice of deficiencies
The schools will send written notice to the parent of any student who does not meet the required standards set for any test prescribed by the statewide assessment program. The school will file a copy of the notice in the scholastic record of the student concerned. The school will also provide suggestions for appropriate assistance that the parent may give to the child.
If any parent/legal guardian requests test result information, the school will provide the information in writing.
Assistance to the student
The schools will use the results of the test administered under the statewide assessment program in the diagnosis of student deficiencies. When test results indicate a deficiency, the schools will provide basic instruction to aid the student in bringing his/her performance up to the statewide standards. The program will be specific to the individual student's needs (see policy IKE, Promotion, Retention and Acceleration of Students).
Make-up tests
Any student who is unable to take any of the statewide assessments on the prescribed day will take the missed test on the scheduled make-up date.
Readiness for kindergarten and first grades
The district will administer readiness tests for first and second grade to all students in kindergarten and first grade, respectively.
The purpose of the tests is to do the following.
PAGE 2 - ILBB-R - STATE PROGRAM ASSESSMENTS
• Measure individual student readiness.
• Be related to academic standards in English/Language Arts and in mathematics.
• Include key elements in the area of social and emotional development.
The South Carolina Readiness Assessment (SCRA) is an authentic performance assessment that is based on teachers’ daily observation of children at work in the classroom and of multiple samples of children’s work. Observations of performance are recorded twice each year.
Issued ^
Administrative Rule
GRADUATION REQUIREMENTS
Code IKF-R Issued MODEL/04
A student must earn 24 units of credit in state-approved courses for graduation.
The unit requirements are distributed as follows.
|Subject |Credit Units |
|English/language arts |4 |
|Mathematics |4 |
|Science |3 |
|U.S. History and Constitution |1 |
|Economics |1/2 |
|Government |1/2 |
|Other social studies |1 |
|PE or junior ROTC |1 |
|Computer science (including keyboarding) |1 |
|Foreign language or |1 |
|Career and technology education | |
|Electives |7 |
|Total |24 |
The student must demonstrate computer literacy before graduation.
To meet state high school diploma requirements for students in a college preparatory track, one unit must be earned in a foreign language (most four-year colleges/universities require at least two units of the same foreign language), and for students in a technology preparation program, one unit in career and technology education must be earned.
The student must complete a study and pass a final examination on the provisions and principles of the United States Constitution, the Declaration of Independence, the Federalist papers and American institutions and ideals.
The student must attend the high school issuing the diploma for at least the semester immediately preceding graduation except in case of a bona fide change of residence to a location in which the sending school will not grant the diploma. Units earned in a summer school program do not satisfy this requirement.
PAGE 2 - IKF-R - GRADUATION REQUIREMENTS
For adult education students receiving a diploma, the unit requirements are distributed as follows.
|Subject |Credit Units |
|English/language arts |4 |
|Mathematics |4 |
|Science |3 |
|U.S. History and Constitution |1 |
|Economics |1/2 |
|Government |1/2 |
|Other social studies |1 |
|Computer science (including keyboarding) |1 |
|Electives |9 |
|Total |24 |
Exit examination
All 10th grade students (for purposes of state testing requirements, students in their second spring after their initial enrollment in high school are considered tenth graders) are required to take an exit examination consisting of tests in English/language arts, mathematics, science and social studies based on state curriculum standards. Passage of the exit examination is a condition for the receipt of a state high school diploma. This requirement also applies to students in an adult education program who are seeking a diploma.
Students who do not pass the exit examination must receive academic assistance in the area(s) not passed.
Note: The following two paragraphs in italics relate to administration of the High School Assessment Program (HSAP). The requirement for passing the HSAP in English and mathematics will be in effect for the graduating class of spring 2006 with the implementation of other tests according to a timeline published by the state department of education. The requirement for passing the BSAP exit examination will remain in effect until the discontinuation of the examination after the summer 2005 administration.
Any student who fails to pass the exit examination and who is actively enrolled in school will have two opportunities per year (spring and fall) to pass an equivalent form of the failed part or parts of the examination by meeting the minimum performance standard in effect at the time of the test administration, except that after the fourth administration a student who is not accruing a minimum of three Carnegie units per academic year will not take the examination again until he/she is classified as a senior.
An administration of the exit examination may be available during the summer after the twelfth grade for students who have met all other requirements for graduation and who were actively enrolled in school.
The district will award an appropriate state certificate to those students who must pass the exit examination to receive a diploma, but fail to do so. The certificate will indicate the number of credits earned and grades completed. A student who has earned the required number of units but who fails to pass the exit exam may enroll in adult education to continue with academic assistance
PAGE 3 - IKF-R - GRADUATION REQUIREMENTS
and to re-take the exit exam. If the student is under the age of 21, he/she may continue in school until he/she passes the exit exam and receives a diploma or until he/she reaches 21, whichever occurs first.
The district will do the following.
• Implement administration and security measures established by the state board of education for the purpose of the exit examination.
• Establish a procedure for written notification of students and parents/legal guardians by the seventh grade or upon entry into the district schools, whichever comes first.
• Publicize the exit examination schedules.
• Recommend for a South Carolina State High School Diploma only those students who pass all parts of the exit examination.
• Provide academic assistance related to the parts not passed.
• Identify disabled students who are not candidates for a high school diploma and for whom the exit exam is not appropriate.
High school credit for college work
Students in grades nine through twelve and/or adult education programs can earn credits for college course work that can be applied to the required number of units for a state high school diploma. The following conditions must apply.
• Courses may be offered through distance learning and cooperative agreements with institutions of higher education. A three-hour college course will transfer 1/2 Carnegie unit.
• Only courses applicable to baccalaureate degrees or to associate in arts or associate in science degrees offered by institutions accredited by the New England Association of Colleges and Schools, Middle States Association of Colleges and Schools, Southern Association of Colleges and Schools, North Central Association of Colleges and Schools, Western Association of Colleges and Schools or Northwest Association of colleges and Schools (Note: District should specify number of units here.)
• Tuition and other college course fees will be at the expense of the individual student or his/her parent/legal guardian. (Note: District may specify other options for payment here.)
Issued ^
Policy
SCHOOL DISTRICT GOALS AND OBJECTIVES
Code ADA Issued MODEL/04
Purpose: To establish the board's vision and the basic structure for developing a district strategic plan and school renewal plans with annual updates.
District strategic plan and school renewal plans
The district will develop a five-year strategic plan and schools will develop five-year school renewal plans that are focused on accountability and the improvement of student academic performance, data driven decision making and continuous improvement. These plans are required by the Education Accountability Act of 1998, Early Childhood Development and Academic Assistance Act of 1993 (Act 135), the No Child Left Behind Act of 2001 and State Board of Education Regulation 43-261.
Accountability system
As required by the Education Accountability Act of 1998, the board will ensure the establishment of a district system of performance-based accountability and incorporate it into the district’s strategic plan. Each school will indicate the accountability components in its renewal plan.
The board must review and revise the overall accountability system annually.
The district must involve parents, teachers and principals in the development, annual review and revision of the district accountability system.
Strategic plan and school renewal plan
The district will develop and implement a five-year strategic plan and school renewal plans to meet the requirements of The Early Childhood Development and Academic Assistance Act of 1993. Act 135 establishes two main initiatives to be addressed in the plans.
• focus on early childhood development and the prevention of academic difficulties
• an emphasis on flexibility so there is a tailoring of service to meet the needs of students experiencing academic difficulties
The district will address the innovation initiative in its plans by encouraging research-based innovative approaches to improve student learning and accelerate student performance.
District and school plans will be based on strategies derived from scientifically-based education research. The plans must contain performance goals, interim performance goals and timelines for progress. Further, the district will develop methods of assessing the effectiveness of strategies to indicate whether strategies should be continued, modified or terminated.
PAGE 2 - ADA - SCHOOL DISTRICT GOALS AND OBJECTIVES
The district will submit copies of its five-year comprehensive plans and annual updates to the state department of education for review in accordance with the law.
Adopted ^
Legal references:
A. Federal law:
1. 20 U.S.C. Section 6301, et seq., - No Child Left Behind Act of 2001.
B. South Carolina Code of Laws, 1976 as amended:
1. Section 59-20-60 - Improvement councils.
2. Section 59-18-1300 - District accountability system, development and review.
3. Section 59-18-1310 - Reports consolidated; submission dates.
4. Section 59-18-1500 - …Review and revision of improvement plan.
5. Section 59-18-1510 - Assignment of external review committee; activities and recommendations.
6. Sections 59-139-05, et. seq. - Early Childhood Development and Academic assistance Act.
C. State Board of Education Regulations:
1. R43-261 - District and school planning.
Administrative Rule
SCHOOL DISTRICT GOALS AND OBJECTIVES
Code ADA-R Issued MODEL/04
District and school plans and accountability system
The district and each school in the district will prepare a district performance-based accountability system and plans with annual updates. The school and district plans will be coordinated and will align improvement initiatives.
The board will approve the district strategic plan, school renewal plans and annual updates which will coordinate funding from local, state, federal and private sources and will be developed collaboratively by a broad-based group of stakeholders using a consensus process.
Each school improvement council will actively participate in the development of its school's plans.
The plans will address the following initiatives.
• early childhood initiative (preschool - grade three) which addresses a parenting/family literacy component; a plan for half-day child development programs; an academic assistance component for grades K through three; school practices in grades K through three; and other federal, state or district programs
• academic assistance initiative (grades four through 12)
• staff development initiative to provide ongoing long-range professional development which meets national professional development standards and provides participants the knowledge and skills necessary to implement the district strategic and school renewal plans
• parent/legal guardian involvement initiative including goals, objectives and method of evaluation
• an innovation initiative component designed to improve student learning and accelerate the performance of all students will be based on different categories; these categories may include defining new approaches as to what and how students learn, applying different teaching methods, redefining how schools operate and creating appropriate relationships between schools and other social service agencies
During the planning process, the district and each school will include these specific components.
• comprehensive needs assessment
• performance goals
• interim performance goals
• strategies and action plans
• evaluation of the strategies
• evidence of comprehensive consensus building
• assurances
PAGE 2 - ADA-R - SCHOOL DISTRICT GOALS AND OBJECTIVES
The annual needs assessment must identify targeted areas of discrepancy between the desired performance levels and the current status as indicated by available data. The district will develop measurable performance goals and interim performance goals to address the major areas of discrepancy. The district will design strategies to meet the goals and incorporate certain components. The district will evaluate each strategy as to the level of effectiveness.
School improvement councils and report to the community
Refer to BDF and BDF-R, Advisory Committees, for changes according to Act 135 and the Education Accountability Act of 1998.
Alternative plan
Schools that use the Southern Association of Colleges and Schools (SACS) accreditation process may substitute the SACS plan for the school renewal plan provided it includes the appropriate components.
Review of district and school plans
The district planning team will submit the district strategic plan, school renewal plans and annual updates to the board of for review and approval prior to or following peer review.
The district will follow the department of education schedule for submission of combined strategic plan/school renewal plans.
The state department of education review panel will approve the plan, provisionally approve the plan pending suggested modifications or disapprove the plan. The department will provide technical assistance to schools needing help in modifying aspects of the plan not meeting approval criteria. Plans developed by deregulated schools are exempt from the peer review process.
Evaluation of program and strategies
Districts and schools will maintain financial records and collect sufficient program information to provide accountability for expenditures and results. This process applies particularly in the areas of K through three academic assistance, four through 12 academic assistance, parenting/family literacy, half-day child development programs, innovation and staff development as well as accountability elements.
Waivers
The board may request waivers to regulations that would impede the implementation of an approved plan. These waivers are available upon request of the board.
The department of education will provide guidelines outlining further information relating to the implementation of this regulation.
Issued ^
Policy
GIFTED AND TALENTED EDUCATION
Code IHBB Issued MODEL/04
Purpose: To establish the board's vision for education of gifted and talented students.
The district strives to meet the educational needs of all students. In supporting this concept, the district recognizes the unique characteristics of gifted children. The district further recognizes the need to develop special programs to respond to their individual abilities and competencies. The board, therefore, directs the administration to establish educational standards and develop a special program for gifted and talented students to cultivate these students' unique talents.
Gifted and talented students are those in grades one through twelve identified as having demonstrated or potential abilities for high performance in academic or artistic areas. These students require services or programs beyond that normally provided by the regular school program.
The district will use the criteria developed by the state board of education in the screening, referral, assessment and placement of candidates for the gifted and talented program.
Adopted ^
__________________________________________________________________
Legal references:
A. S.C. Code, 1976, as amended:
1. Section 59-29-170 - Programs for talented students.
2. Section 59-1-445 - Violations of mandatory test security; penalties; investigations.
B. State Board of Education Regulations:
1. R-43-220 - Gifted/ and talented programs.
Policy
QUALIFICATIONS OF SUPERINTENDENT
Code CBA Issued MODEL/04
Purpose: To establish the basic structure for the qualifications of the superintendent.
The superintendent of schools will have earned at least a master's degree, preferably a doctorate, in the area of educational administration from a recognized accredited institute or have met the criteria for alternate route certification. The board also requires all other minimum licensing and certification requirements specifically set forth by the South Carolina State Board of Education.
The superintendent will be the chief executive of the district and, as such, the board will expect him/her to provide leadership in all phases of the educational program in the district.
Persons considered for this position should have at least five years of experience in educational administration with two of these years in administration at the district level or at least 10 years of successful experience in a senior position of leadership such as chief executive officer in a business corporation or agency, military officer or other position with responsibilities similar to those of a district superintendent. In meeting this requirement, the board may make appropriate allowance for the possession of earned advance degrees.
Because this is an administrative and leadership position at the highest level in the public schools, demonstrated competence in these areas is a necessary prerequisite for this position. Additionally, persons considered for this position should have maintained active membership and participated in the professional organizations concerned with educational administration at local, state and national levels.
Adopted ^
__________________________________________________________________
Legal references:
A. S. C. Code, 1976, as amended:
1. Section 59-5-60 - General powers of state board.
2. Section 59-13-20 - Qualifications of superintendents.
B. State Board of Education Regulations:
1. R-43-64 - Requirements for initial certification at the advanced level.
Policy
STUDENT ABSENCES AND EXCUSES
Code JH Issued MODEL/04
Purpose: To establish the basic structure for allowing and excusing student absences.
The board believes that attendance is a key factor in student achievement. Any absence from school represents an educational loss to the student. However, the board recognizes that some absences are unavoidable.
In order to receive credit for a high school course, a student must attend at least 85 days (for a 90-day semester course) or 170 days (for a 180-day year course). The board may grant approval of excessive absences in accordance with board policy.
The district will utilize a written intervention plan for improving student attendance. The purpose of the plan will be to link students with attendance problems and their families to all appropriate school and community resources.
The board recognizes that truancy is primarily an educational issue and will take all reasonable, educationally sound and corrective actions prior to resorting to the juvenile justice system.
Any student who misses school must present a written excuse, signed by his/her parent/legal guardian. The excuse will contain such other information as directed by the administration. The school administration will keep all excuses confidential.
If a student fails to bring a valid excuse to school, he/she will automatically receive an unexcused absence. If a student brings a false (or forged) excuse, the teacher will refer the student to the school administration for appropriate action.
The district will consider students lawfully absent under the following circumstances. (Note: Board may include other reasons here.)
• They are ill and their attendance in school would endanger their health or the health of others.
• There is a death or serious illness in their immediate family.
• There is a recognized religious holiday of their faith.
• Prearranged absences for other reasons and/or extreme hardships at the discretion of the principal.
The district will consider students unlawfully absent under the following circumstances.
• They are willfully absent from school without the knowledge of their parent/legal guardian.
• They are absent without acceptable cause with the knowledge of their parent/legal guardian.
Suspension is not to be counted as an unlawful absence for truancy purposes.
PAGE 2 - JH - STUDENT ABSENCES AND EXCUSES
The principal will be responsible for implementing and expediting medical homebound instruction for students experiencing a prolonged illness or injury requiring them to be absent from school.
Adopted ^
Legal references:
A. Federal law:
1. 20 U.S.C. Section 7112 (2002) - No Child Left Behind Act of 2001.
2. 42 U.S.C. Section 5601, et seq. (2002) - Juvenile Justice and Delinquency Prevention Act of 1974.
B. S. C. Code, 1976, as amended:
1. Section 59-65-90 - State Board to establish rules and regulations defining lawful and unlawful absences.
C. State Board of Education Regulations:
1. R-43-274 - Student attendance.
Administrative Rule
STUDENT ABSENCES AND EXCUSES
Code JH-R Issued MODEL/04
The board of trustees designates the principal of the school to promptly approve or disapprove any student's absence of more than 10 days.
Unlawful absences
A student ages 6 to 17 years who has three consecutive unlawful absences or a total of five unlawful absences is considered truant as defined by state board of education regulation.
A student ages 12 to 17 years who fails to comply with a school intervention plan and accumulates two or more additional unlawful absences is considered a habitual truant.
A student ages 12 to 17 years who has been through the school intervention process, has reached the level of a habitual truant, has been referred to family court and placed on an order to attend school, and continues to accumulate unlawful absences is considered a chronic truant.
Intervention
In order to encourage and assist students in attending school regularly, the administration will administer the following intervention procedures.
Once a student is determined to be truant, school officials will make every reasonable effort to meet with the parent/legal guardian to identify the reasons for the student’s continued absence, including telephone calls, home visits, written messages and e-mails.
A written intervention plan will be developed by administrators in conjunction with the student and the parent/legal guardian. The intervention plan must include, but is not limited to, the following.
• a designated person to lead the intervention team (may be someone from another agency)
• reasons for the unlawful absences
• actions the parent/legal guardian and student will take to resolve the causes of the unlawful absences
• documentation of referrals to appropriate service providers and, if available, alternative school and community-based programs
• actions to be taken by intervention team members
• actions to be taken in the event unlawful absences continue
• signature of parent/legal guardian or evidence that attempts were made to include them
• documentation of involvement of team members
• guidelines for making revisions to the plan
PAGE 2 - JH-R - STUDENT ABSENCES AND EXCUSES
School officials may utilize a team intervention approach to include representatives from social services, community mental health, substance abuse and prevention, and other persons deemed appropriate in formulating the intervention plans.
Referrals and judicial intervention
The district will not refer a child ages 6 to 17 years to the family court to be placed on an order to attend school prior to the written intervention plan being completed by the school with the parent/legal guardian. The district will not use a consent order from any local school or district as an intervention plan.
Refusal by the parent/legal guardian to cooperate with the school intervention plan can result in a referral of the student to family court and the filing of a report against the parent/legal guardian with social services in accordance with law.
The district will inform the parent/legal guardian and/or the student of their right to have legal representation and their right to a trial at this time.
If the situation continues to where the student is classified as a habitual truant, school officials may the file a petition for a school attendance order. Once a school attendance order has been issued by the family court and the student continues to accumulate absences to the point of becoming a chronic truant, school officials may refer the case back to family court. The school and district will exhaust all reasonable alternatives prior to petitioning the family court to hold the student and/or parent/legal guardian in contempt of court.
Transfer to another school
If a student transfers to another public school in the state, the district will forward the student’s intervention plans to the receiving school
Approval of absences in excess of 10 days
After 10 lawful or unlawful absences or a combination thereof, the principal of the school will approve or disapprove each succeeding absence.
Optional: Furthermore, in order to more fully clarify unusual or unexpected mitigating circumstances, each school principal should evaluate individually and approve the following lawful absence situations.
• family educational trips
• community and church related performing groups
• organized competitive events or related activities
PAGE 3 - JH-R - STUDENT ABSENCES AND EXCUSES
Make-up work
In order to receive one Carnegie unit of credit, a student must be in attendance at least 120 hours per unit, regardless of the number of days missed. Therefore, districts should allow students whose excessive absences are approved to make up work missed to satisfy the 120-hour requirement. Examples of make-up work that address both time and academic requirements of a course may include the following.
• after-school and/or weekend make-up programs
• extended-year programs
All make-up time and work must be completed within 30 days from the last day of the course. The board may extend the time for completion of the requirements due to a student’s medical circumstances.
School principals will exert every realistic effort to provide assurance that this regulation is adhered to in a fair and consistent manner. Principals will place special emphasis on coordinating implementation affecting students within the same family.
Issued ^
Court decisions
Effective date: N/A
Summary: Several court decisions issued during 2004 were significant in their ability to impact on public education. What follows is a brief summary of key cases decided by the U.S. Court of Appeals for the Fourth Circuit and the U.S. Supreme Court and their meaning for public schools.
Distribution of religious materials
In another religion-oriented case, the Fourth Circuit on June 30 ruled in Child Evangelism Fellowship of Maryland v. Montgomery County Public Schools that Child Evangelism Fellowship (CEF), an outside religious group, was entitled to a preliminary injunction ordering the school district to distribute its flyers in elementary school classrooms in the same manner other secular and religious groups’ materials are distributed.
According to case facts, Montgomery County Public Schools (MCPS) elementary school teachers and students distributed materials for other groups such as the Four-H Club and the Boy Scouts through a flyer forum, whereby materials were included in an informational folder to be taken home to parents. Other religious organizations had access to this particular forum.
Relying on the U.S. Supreme Court’s 2001 ruling in Good News Club v. Milford Central School, the Fourth Circuit found that in this case allowing CEF access to the take-home flyer forum would not likely violate the Establishment Clause. The Court found, however, that the refusal of the school district to distribute materials promoting an after-school “Good News Club” operated by CEF was unconstitutional viewpoint discrimination in violation of CEF’s First Amendment free speech rights. The Court highlighted the fact that other religion-based groups were allowed to include their flyers.
Importantly, the Court noted that the district’s claim of perceived endorsement or coercion by government officials regarding a religious activity was belied by the facts that the flyers were distributed during non-instructional hours, and that CEF was not singled out for any special benefit. A variety of materials, it said, are included in the flyer forum. The Court found that, in this case, CEF had a better chance of winning its viewpoint discrimination claim than the district had of winning its establishment claim.
Local district action required: While it is questionable that this decision adds any clarity to the law regarding schools and religion, school districts need to ensure that their policies regarding the distribution of materials are clear concerning the types of materials allowed and when they can be distributed. SCSBA recommends adding the following as a legal reference to appropriate policies.
Legal references:
A. Court cases:
1. Child Evangelism Fellowship of Maryland Inc. v. Montgomery County Public Schools, 373 F.3d 589 (4th Cir. 2004).
Policy reference: Old code - KI (Free Materials Distribution in Schools). New code - KHC (Distribution/Posting of Promotional Materials).
Pledge of Allegiance
The U.S. Supreme Court on June 14 avoided a chance to rule on whether the words “under God” in the Pledge of Allegiance recited daily in a California classroom were a violation of the First Amendment’s Establishment Clause.
The Supreme Court granted review in the Ninth Circuit Court of Appeals case of Elk Grove Unified School District v. Newdow. The Court reversed the Ninth Circuit on the issue of standing based on self-imposed limits on the exercise of federal jurisdiction in domestic matters at the state level. The Ninth Circuit had ruled that Elk Grove’s policy of instructing school administrators to lead students in a daily voluntary recitation of the Pledge of Allegiance violated the Establishment Clause.
The Supreme Court in its majority opinion declined to address the Establishment Clause issue on grounds that it might interfere with a domestic relations case involving Mr. Newdow at the state court level. Mr. Newdow was the non-custodial parent of a child attending an Elk Grove school.
In a separate, concurring opinion, Chief Justice Rehnquist and others concluded that Elk Grove’s policy did not violate the Establishment Clause, finding that the Pledge is a patriotic ceremony that is not transformed into a religious one merely because the Pledge contains the descriptive words “under God.” The only constitutional restriction on reciting the Pledge, Rehnquist said, is that “school children be entitled to abstain from the ceremony if they chose to do so.”
Local district action required: While the above court decision do not necessarily call for local district policy revisions, district should note the abundance of decision based on religious issues and review related policies or practices to ensure compliance. SCSBA recommends adding the following as a legal reference to appropriate policies.
Legal references:
A. Court cases:
1. Elk Grove Unified School District v. Newdow, 124 S.Ct. 2301 (2004).
Policy reference: Old code - IKD (School Ceremonies and Observations). New code - IMD (School Ceremonies and Observations).
Prayers during meetings of public bodies
The Fourth Circuit Court of Appeals on July 22 issued an opinion in a South Carolina case that directly impacts the recitation of prayers during meetings of public bodies. In Wynne v. Town of Great Falls, the Court of Appeals further clarified the extent to which a public body, including a school board, can pray at a public meeting.
In South Carolina, most meetings of public bodies ranging from the General Assembly to school boards open with a prayer. And that’s okay, as long as these prayers are for the benefit of the public body and do not attempt to “proselytize” or explicitly advance one religion in preference to others, according to the opinion.
Ceremonial, nonsectarian prayer by “legislative or other public bodies” does not violate the separation of church and state mandated by the Establishment Clause of the First Amendment to the United States Constitution, according to the Fourth Circuit ruling. The Court cautioned that, “This opportunity does not, however, provide the Town Council, or any other legislative body, license to advance its own religious views in preference to all others … .” Fourth Circuit rulings have the force of law in South Carolina.
In Wynne, a town citizen sued to prohibit the Town Council of Great Falls from engaging in prayers that specifically invoke Jesus Christ during monthly council meetings. A typical prayer opening a town council meeting frequently invoked Jesus Christ in the opening or closing portion. The lower court ruled in the citizen’s favor, finding that the “practice of members of Town Council invoking name(s) specifically associated with the Christian faith at Town Council meetings” violated the Establishment Clause. The Fourth Circuit agreed.
The Court rejected the Town’s argument that the challenged prayers are constitutional under Marsh v. Chambers, a 1983 U.S. Supreme Court case upholding the Nebraska legislature’s practice of opening each session with a nonsectarian prayer led by a chaplain paid with public funds. “Marsh does not permit legislators . . . to engage, as part of public business and for the citizenry as a whole, in prayers that contain explicit references to a deity in whose divinity only those of one faith believe.”
In light of Wynne, school boards should examine their practices regarding prayer at board meetings. Invocations, if any, offered by the board must be non-sectarian, non-proselytizing and should not advance any particular religion. Finally, boards should consult legal counsel for guidance regarding opening prayers at school board meetings based on the Fourth Circuit’s ruling.
Local district action required: SCSBA does not recommend specific policy language change based on Wynne. We do recommend adding the following as a legal reference to appropriate policies.
Legal references:
A. Court cases:
1. Wynne v. Town of Great Falls, 376 F.3d 292 (4th Cir. 2004).
Policy reference: Old code - IKC (Teaching about Religion). New code - IMDC (Religious Observances and Displays).
Temporary provisos
Effective date: July 1, 2004
Summary: There were several new Part IB temporary provisos enacted this year as well as others that were carried over from the previous year, amended or deleted. Because they are temporary, budget provisos must be revisited each year. What follows is non-exhaustive list of new provisos and changes to provisos carried over. A complete listing of provisos can be found at the State House web site at .
There are no policy implications for these temporary provisos.
Attendance/Lunch Supervisors (1.2)
Because the budget lines for attendance and lunch supervisors in each county were deleted this year from the Appropriations bill, the General Assembly deleted this proviso.
Text: NA
EFA formula/base student cost inflation factor (1.4)
This continuing proviso is where the established base student cost and inflation factor are set each year. This year, the General Assembly included new language to reflect average per pupil funding. It does not include language reflecting an inflation factor.
Text: 1.4 (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast. The base student cost for the current fiscal year has been determined to be $1,852. In Fiscal Year 2004-05, the total pupil count is projected to be 666,932. The average per pupil funding is projected to be $4,316 state, $759 federal, and $3,548 local. This is an average total funding level of $8,623 excluding revenues of local bond issues.
Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations and/or for Summer School.
Specialists in unsatisfactory schools (1.42)
The continuing proviso was amended this year to give schools qualifying for teacher specialists the flexibility to negotiate directly with qualified teacher specialists currently in the teacher specialist pool. Retired educators, under this proviso, may be hired in their former district as a specialist and, further, are exempt from the earnings limitations of the state retirement system.
Text: 1.42 (SDE: Specialists in Unsatisfactory Schools) Notwithstanding any other provision of law, the State Department of Education may assign teacher specialists, principal specialists, principal leaders, and curriculum specialists to schools designated as unsatisfactory or below average according to the enrollment of the school and as recommended by the review team. Teacher specialists may be assigned to kindergarten level, if recommended by the review team. Furthermore, the average number of teacher specialists assigned to schools may not exceed five. However, schools may decline to accept the teacher specialists assigned and utilize the funding available for these teacher specialists to negotiate directly with qualified teacher specialists currently within the teacher specialist pool in order to obtain additional teacher specialists. Schools electing to negotiate directly with the teacher specialist may not use state teacher specialist funds to pay above the salary that these teachers would otherwise qualify for as a teacher specialist. Teacher specialists may be placed across grade levels and across core subject areas when placement meets program criteria based on external review team recommendations, need, number of teachers receiving support, and certification and experience of the specialist. A teacher specialist may be assigned to support classroom teachers in the areas of special education and limited English proficiency when warranted by the needs of the student population, recommended by an external review team and approved by the State Board of Education. Retired educators may be hired as teacher specialists, principal specialists, principal leaders, or curriculum specialists and at the request of the educator and approval of the local district superintendent, shall be placed in the district where employed prior to retirement. Retired educators hired as teacher specialists, principal specialists, principal leaders or curriculum specialists shall be exempt from the earnings limitations of the State Retirement System. Teacher specialists are limited to three years of service at one school unless the specialist submits application for an extension and that application is accepted by the State Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and supplement for two additional years, but is no longer attached to the sending district or guaranteed placement in the sending district following tenure in the program as provided in Section 59-18-1530 (F) of the South Carolina Code of Laws. Teacher specialist funds may be carried forward from the prior fiscal year into the current fiscal year for the Teacher Specialists On-Site Program. A principal specialist may be continued for a third year if requested by the local school board, recommended by the external review team, and approved by the State Board of Education. For the third year, only the principal specialist salary supplement will be paid by the State.
School Districts and Special Schools Flexibility (1.61, 1A.47)
The “100 percent” flexibility proviso from last year was carried over to 2004-05, with the added limitation that districts cannot reallocate grant or technical assistance funds that have been directed to a particular school.
Text: 1.61, 1A.47 (SDE: School Districts and Special Schools Flexibility) All school districts and special schools of this State may transfer up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for direct classroom instruction. The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this provision. The details of such transfers must be provided to members of the General Assembly upon request. School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same purpose. All transfers executed pursuant to this provision must be completed by May first of the current fiscal year. All school districts and special schools of this State may expend funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, for any instructional program. The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review. This review shall be provided to the members of the General Assembly annually. Any grant or technical assistance funds allocated directly to an individual school may not be reduced or reallocated within the school district and must be expended by the receiving school only according to the guidelines governing the funds.
Assisting, Developing, and Evaluating Professional Teaching (ADEPT) – Annual Contract Evaluation Requirement (1.75)
This proviso was added this year to reflect changes in ADEPT regulations. Under this proviso, districts are given the flexibility of evaluating annual contract teachers with the informal, goals-based evaluation process.
See page 6 for a discussion of revisions to ADEPT.
Text: 1.75 (SDE: Assisting, Developing, and Evaluating Professional Teaching (ADEPT)-Annual Contract Evaluation Requirement) Effective July 1, 2004, any annual contract teacher who has successfully completed the formal evaluation process required by S.C. Code Ann. Section 59-26-40 during a previous annual contract year may, at the discretion of the local school district, be evaluated with the informal (goals-based) evaluation process used by the school district for continuing contract teachers who have performed at an acceptable level.
School lunch/Attendance supervisors 1.82
Although the state cut funding for school lunch and attendance supervisors, this proviso was added to ensure that a method was in place to cover this requirement at the local level.
Text: 1.82 (SDE: School Lunch/Attendance Supervisors) For those counties in which an entity other than the school district administers the school lunch supervisor and/or attendance supervisor programs, the school districts in that county shall transfer to the entity the amount available in the previous fiscal year for administration of the school lunch supervisor and/or attendance supervisor programs. Each district shall transfer a pro-rata share of the total cost based upon the percentage of state EFA funds distributed to the districts within the county.
Retraining grants 1A.48
Language was added to this EIA program carry-forward proviso to further direct how qualifying schools can spend retraining grant funds. The focus for spending must be in accordance with planning requirements of the EAA.
Text: 1A.48 (SDE-EIA: Retraining Grants) Funds appropriated for retraining grants in the prior fiscal year may be retained and expended during the current fiscal year by the schools that were awarded the grants during the prior fiscal year for the same purpose. Funds appropriated for Retraining Grants may be used for training for superintendents and school board members. Beginning with the 2004 annual school report card, a school initially designated as unsatisfactory or below average on the current year's report card must receive by January 1, $10,000 from the funds appropriated for Retraining Grants and must expend the funds for planning purposes in accordance with Section 59-18-1560. The school is then eligible to receive additional retraining grant allocations in the following three school years in accordance with Section 59-18-1560 provided that the school meets the guidelines developed by the Department. A school designated as unsatisfactory or below average for consecutive years may combine the additional retraining grants allocations and homework center allocations for professional development or for extended school day in accordance with the school's improvement plan. Furthermore, any school that does not provide the evaluation information necessary to determine effective use as required by Section 59-18-1560 is not eligible to receive additional funding until the requested data is provided as outlined in the program guidelines.
Critical geographic area (1A.50)
This new proviso revises the definition of “critical geographic area” for purposes of the Teacher Loan Program.
Text: 1A.50 (SDE-EIA: Critical Geographic Area) Notwithstanding the provision of Section 59-26-20 (j) for those students seeking a loan under the Teacher Loan Program after July 1, 2004, "critical geographic area" shall be defined as schools that have an absolute rating of below average or unsatisfactory, schools where the average teacher turnover rate for the past three years is 20 percent or higher, or schools that meet the poverty index criteria at the 70 percent level or higher. Students obtaining a loan after July 1, 2004, shall receive a loan or have their loan canceled based on those schools or districts designated as a critical geographic area at the time of loan application or graduation.
The definition of critical geographic area shall not change for those students who have a loan, or who are in the process of having a loan canceled, on or before June 30, 2004.
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