South Carolina School Boards Association



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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 2012. 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 links to websites 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 policies to ensure that it does not conflict with a change in law. Policy references are the alphabetical codes based on the SCSBA model manual. Model policies, rules and forms are listed in the table of contents.

The 2012 Policy and Legislative Update is posted in a MS Word document and Adobe .pdf format at SCSBA’s website 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 hard copies. The MS Word document is a working document that you can cut and paste to help you create your district’s policies.

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 issues, please contact any of the following staff members.

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Scott T. Price Patricia E. Kinsey Duane Cooper

General Counsel Director of Policy Services Legislative Advocacy Coordinator

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TABLE OF CONTENTS PART ONE

Broadband service 3

Charter schools 5

Model policy IHBH (Charter Schools) 7

Equal Access to Interscholastic Activities Act 9

Model policy JJ (Student Activities) 13

Model administrative rule JJ-R (Student Activities) 17

Model form JJ-E(1) 19

Model form JJ-E(2) 21

Jason Flatt Act 23

Model policy JLDBB (Self-Esteem Promotion/Suicide Prevention) 25

Joint resolutions on flexibility 27

Multiple lot discount 31

Retirement reform … 33

Model policy GCQE (Retirement of Professional Staff) 35

Model policy GDQC (Retirement of Support Staff) 37

Bath salts and synthetic marijuana … 39

Model policy ADB (Drug and Alcohol-Free Workplace and Schools) 41

Model policy GBEC (Drug and Alcohol-Free Workplace and Schools) 45

Training unlicensed persons in school …49

Model policy JLCF (School Nurses) 51

Teacher contracts …55

PART TWO

Court decisions 57

Off-campus religious instruction for credit 57

Legislative prayer 58

Freedom of Information Act and agenda amendments 60

Teacher contract non-renewal; board hearing 61

Model policy BEDB (Board Agenda) 63

Local law report 65

Regulations 67

Credential classification 67

Requirements for additional areas of certification 67

Adult education program 68

Special education, education of students with disabilities 68

Criteria for entry into programs of special education students with disabilities 68

End-of-course tests 69

At-risk students 69

Procedures and review of charter school application 69

2012 State Regulations Status Table 71

Temporary provisos 73

BROADBAND SERVICE

Effective date: See below

Summary: This year the General Assembly passed legislation which is seen by many in the local government community as restrictive and limits local government capacity to provide broadband services to all areas within their community. Opponents of this new law believe its passage ultimately bans community based broadband service in South Carolina.

Small and rural communities previously were able to apply for federal grants to help provide broadband services to areas within their community if commercial broadband providers declined to expand services to those areas. Major carriers often based their decisions on providing service/coverage on the number of possible customers and potential profit for servicing those areas. Commercial providers complained that existing law established an unfair advantage because they (commercial providers) cannot compete with government subsidized services.

South Carolina has consistently ranked near the bottom for providing broadband options for its residents. The reasons for this ranking can be tied to a significant number of South Carolinians unable to afford major carriers’ prices for service or major carriers’ unwillingness to provide service. Opponents argue that the new law greatly restricts or prevents local government from building next-generation networks, even in cases where private providers refuse to provide service. In addition, the new law puts current projects already in work in jeopardy. Opponents believe the new law only strengthens and protects major carriers’ monopoly at the detriment of businesses and individuals needing better access to the Internet.

Lawmakers did add several exemptions to the new law if a community network obtains an “unserved” designation by the South Carolina Public Service Commission; however, many feel the exemptions are nearly impossible to qualify for, or the criteria is highly unlikely to be met.

Community networks can be deemed “unserved” if both of the following apply.

• The county is a persistently poverty county and at least 75 percent of the households in a 2010 census track have either no broadband service or only have access to service from a satellite provider.

• At least 90 percent of the households in the county have no broadband service or only have access to service from a satellite provider.

If a county qualifies as “unserved” and pursues a community network to provide service, the designation can be challenged by a resident or competitive service provider. Opponents of the new law advocate that large carriers can afford to routinely file objections which could ultimately stifle or delay efforts of the community network.

Local district action required: No policy action is required.

Policy reference: NA

Text: The text of this law may be found at . Click on Current Legislation; Bill, Act or Rat #; and enter 3508 (House bill 3508) for the search.

CHARTER SCHOOLS

Effective Date: May 14, 2012

Summary: The General Assembly in May enacted sweeping changes to the state’s Charter School Act of 2006 in an effort to, among other things, clarify and bring parity to how charter schools interact with traditional public schools. Significant changes include redefining a charter school contract and how services are to be negotiated, enabling higher education entities as sponsors, statutory authority for single-gender charter schools, protections for conversion schools, inclusion of charter students in public school extracurricular activities and many others that are outlined below. SCSBA supported some of the changes to the Charter Act and did not support others. Several of the changes will have policy implications for school districts and are covered in more detail below.

In brief, changes to the Charter School Act include the following.

• Allows institutions of higher education - public and private - to voluntarily sponsor charter schools.

• Provides that a charter school is eligible for federal, state or district-sponsored interscholastic leagues, competitions, awards, scholarships, grants and recognition programs for students, educators, administrators, staff and schools to the same extent as other public schools.

• States that charter school students are eligible to compete for, and if selected, participate in extracurricular activities, including athletics, at their resident public school if that activity or athletic team is not offered by the charter school they attend. A “resident public school” is the school the student would attend if they were not enrolled in the charter school.

- Charter students must pay the same fees that other students pay to participate and are eligible for fee waivers available to other students.

- Charter students must meet the same eligibility standards as applied to full-time students of the resident school.

- Districts may not impose additional requirements on charter students that are not imposed on the full-time students of the resident school.

“Extracurricular activities” is not defined in the Act.

• Makes changes concerning conversion charter schools.

- Provides that for the duration of a converted charter’s contract with a sponsor, a converted school may retain occupancy and use of the school’s facility or facilities and all equipment, furniture and supplies that were available to the school before it converted, in the same manner, with no additional fees or charges.

- While the vote required from parents, faculty and instructional staff for a conversion did not change, the vote of the local school board approving a conversion must be a two-thirds majority if the proposed conversion school has bond debt attached to it that is the result of a referendum.

- Establishes a funding formula for conversion schools that occur after the effective date of the Act (i.e., May 14, 2012) that is based on the previous year’s revenues, expenditures and other applicable factors pertaining to that particular converted charter school.

• Prohibits unlawful reprisal against an employee of a school district who is directly or indirectly involved in an application to establish a public charter school.

• Authorizes creation of single-gender public charter schools.

• Requires school districts to release funds for public charter schools in a timely manner, and provides that failure to do so may result in a fine levied on the school district in an amount equivalent to the withheld funds.

• Increases the timeline for the charter school application process from 60 to 90 days for the state Charter School Advisory Committee (upon receipt of the application) to determine if an application is in compliance, and from 30 to 45 days for a local school board to rule on the charter application in a public hearing.

• Changes the nature of the charter school contract so that the approved charter application is no longer considered to be the charter contract. A separate contract between the charter and the sponsor must be negotiated, and the South Carolina Department of Education is to develop a contract template that must be used by the parties as a foundation for the contract.

• Modifies the election process for charter school boards to, among other things, extend elections to every two years (instead of annually) and to clarify that board members may serve multiple terms.

Finally, changes to the Charter School Act this year include the creation of “schools of choice” by which a local district may establish such a school and - with a two-thirds majority vote of the district board and with state board of education approval - exempt the school from state statutes and regulations. Certain federal and state law areas dealing with discrimination, health, safety and others may not be exempted.

Local district action required: There are several policy implications from this year’s changes to the Charter School Act. Districts will need to modify their current charter schools policy to include references to public and private institutions of higher education as sponsors. Student activities policies will now need to include information about charter school students.

Policy reference: IHBH (Charter Schools). JJ (Student Activities). JJI [Interscholastic Athletics (Student Athletics)].

Model policy for IHBH follows text of law. Also model policy JJ under Equal Access to Interscholastic Activities Act, page 13.

Text: The text of this law may be found at . Click on Current Legislation; Bill, Act or Rat #; and enter 3241 (House bill 3241) for the search.

Policy

CHARTER SCHOOLS

Code IHBH Issued MODEL/12

Purpose: To establish the basic structure for the establishment and operation of charter schools within the district.

To achieve its goal of promoting diversity, educational improvement and academic excellence for all students, the board supports the establishment of charter schools within the district.

A charter school is a public, nonreligious, nonhome-based, nonprofit corporation forming a school that operates by sponsorship of a public school district, the South Carolina Public Charter School District or a public or independent institution of higher learning, but is accountable to the board, or in the case of technical colleges, the area commission, of the sponsor that grants its charter.

A charter school is considered a public school and will meet the following conditions.

• Be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services (by law, however, a single gender charter school may be formed without regard to the gender makeup of the charter school). Enrollment must not differ from the racial composition of the district or that of the targeted student population of the charter school by more than 20 percent.

• Open enrollment to any child who resides in the district subject to space limitations. The charter school will not charge tuition or charges of any other kind unless allowed by the sponsor and as comparable to the charges of the district in which the charter school is located.

• Assume responsibility for its own operation including preparation of a budget, contracting for services, audits, curriculum and personnel matters.

• Have an education program, curriculum and student achievement standards that meet or exceed any content standards adopted by the state board of education and the sponsor.

• Follow the application process as required by law. In the case of sponsorship by the South Carolina Public Charter School District or a public or independent institution of higher learning, the applicant must provide notice of the application to the district for informational purposes only.

A charter school is eligible for federally-sponsored, state-sponsored or district-sponsored interscholastic leagues, competitions, awards, scholarships, grants and recognition programs for students, educators, administrators, staff and schools to the same extent as other public schools.

PAGE 2 - IHBH - CHARTER SCHOOLS

A charter school student is eligible to compete for, and if chosen, participate in any extracurricular activities not offered by the student’s charter school which are offered at the resident public school he/she would otherwise attend, as well as any activities governed by the South Carolina High School League not offered at the charter school. Eligibility requirements and fees for these activities will be the same as those applied to full time students of the resident school and the district may not impose any additional requirements for participation on charter school students that are not imposed on full time students.

If the board has information that an approved application by the South Carolina Public Charter School District or a public or independent institution of higher learning sponsor adversely affects the other students in the district, as defined in state regulation, or that the approval of the application fails to meet the spirit and intent of the law, the board may appeal the granting of the charter to the state administrative law court.

The performance of students attending a charter school sponsored by the district will be reflected on a separate line on the district’s report card and will not be included in the overall performance ratings of the district.

The sponsor may deny, revoke or not renew a charter under certain conditions outlined in the law. This decision may be appealed to the state administrative law court for review according to the provisions of law.

Cf. JJ

Adopted ^

Legal references:

A. S.C. Code of Laws, 1976, as amended:

1. Section 59-5-60 - General powers of board.

2. Sections 59-40-10 through 59-40-210 - South Carolina Charter Schools Act of 1996, as amended by the Charter Schools Act of 2005 and the South Carolina Public Charter School District Act amendments (2012).

3. Section 59-18-900 - Annual report cards and performance ratings.

4. Section 59-18-920 - Requirements of report cards.

5. Section 59-16-10, et. seq. - South Carolina Virtual School Program.

B. State Board of Education Regulations:

1. R43-601 - Procedures and standards for review of charter school applications.

EQUAL ACCESS TO INTERSCHOLASTIC ACTIVITIES ACT

Effective date: June 7, 2012

Summary: The General Assembly this year enacted the Equal Access to Interscholastic Activities Act to allow participation by home school, charter school and Governor’s school students in such activities at their resident public school. This act is in conjunction with provisions of the charter school bill which states that charter school students are eligible to compete for, and if selected, participate in extracurricular activities, including athletics, at their resident public school if that activity or athletic team is not offered by the charter school they attend.

“Interscholastic activities” is defined in the act to include, but not be limited to, athletics, music, speech and other extracurricular activities. It does not define extracurricular activities. Overall, the act addresses issues of Governor’s school and home school students meeting district rules for participation and notification requirements to districts.

First, a student must notify the district superintendent in writing of the intent to participate in the interscholastic activity before the beginning date of the season for the specific activity. The student must also reside within the attendance zone of the school for which he/she wishes to participate. In the case of a Governor’s school student, the student must reside in or attend a Governor’s school that is within the attendance zone of the school for which he/she wishes to participate. Further, a Governor’s school student may not participate in an interscholastic activity of a public school if the Governor’s school in which the student is enrolled has a team or squad participating in that particular interscholastic activity.

Having met the above, a school district cannot deny the Governor’s school or home school student the opportunity to participate if the following occurs.

• The student meets all district eligibility requirements with the exception of school or class attendance requirements, and class and enrollment requirements of the associations administering the interscholastic activities.

• For a Governor’s school student, the student’s teacher certifies in an affidavit to the district that the student fully complies with the law and any attendance, class or enrollment requirements for the Governor’s school. The same methodology applies for a charter student in terms of compliance with that particular charter school’s attendance, class or enrollment requirements for a student to participate in interscholastic activities under the Charter School Act as amended this year (see page 5).

A public school student who has been unable to maintain academic eligibility must wait a semester before participating in interscholastic activities as a charter, Governor’s school or home school student. To establish eligibility for subsequent school years, the student’s teacher must certify via affidavit to the district that the student meets the relevant policies of the school at which the student wishes to participate.

If a Governor’s school or home school student becomes a member of a public school team or squad, he/she must fulfill the same responsibilities and standards of behavior and performance, including related practice requirements of other students on the team or squad, and is required to meet the same standards for acceptance on the team or squad.

A school district may not deny a Governor’s school the opportunity to have a team representing the school participate in interscholastic activities if the team meets the same eligibility requirements of other teams. Finally, a school district may not contract with a private entity that supervises interscholastic activities if the private entity prohibits the participation of charter school students, Governor’s school students or home school students in interscholastic activities.

To be sure, the Equal Access to Interscholastic Activities Act and the changes allowing charter school student participation will raise numerous issues particularly during this first year of implementation. District policies will need to be modified to make allowances for participation by these students. At a minimum, policies will need to clearly define the activities considered as interscholastic extracurricular activities and the requirements for participation in those activities. Districts will need to include in this definition whether or not it encompasses activities that are normally tied to or associated with a particular course in the school, such as a band course requirement for participation in the marching band. Further, although the Act and the new charter school law specifically cover athletics, will districts include in their definition school-level activities such as beauty pageants and clubs?

Local district action required: SCSBA recommends that districts modify their student activities policy to reflect changes from the Equal Access Act. SCSBA also recommends that districts adopt a new rule and exhibits related to this policy.

Policy reference: JJ (Student Activities).

Model policy, rule and exhibits follow text of law.

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

Act citation

SECTION 1. This act may be cited as the "Equal Access to Interscholastic Activities Act".

Participation in interscholastic activities of public school district by home school, charter school, and Governor's school students

SECTION 2. Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-100. (A) As used in this section:

(1) 'Charter school student' is a child enrolled in a charter school established pursuant to Chapter 40, Title 59.

(2) 'Governor's school student' is a child enrolled at a Governor's school established pursuant to this title.

(3) 'Home school student' is a child taught in accordance with Section 59-65-40, 59-65-45, or 59-65-47 and has been taught in accordance with one of these sections for a full academic year prior to participating in an interscholastic activity pursuant to this section.

(4) 'Interscholastic activities' includes, but is not limited to, athletics, music, speech, and other extracurricular activities.

(B) Individual Governor's school students and home school students may not be denied by a school district the opportunity to participate in interscholastic activities if the:

(1) student meets all school district eligibility requirements with the exception of the:

(a) school district's school or class attendance requirements; and

(b) class and enrollment requirements of the associations administering the interscholastic activities;

(2) student's teacher, in the case of a Governor's school student, certifies by submitting an affidavit to the school district that the student fully complies with the law and any attendance, class, or enrollment requirements for a Governor's school. In addition, a charter school student's teacher, in the same manner required by this subsection for a Governor's school student, also must certify by affidavit to the student's school district that the student fully complies with the law and any attendance, class, or enrollment requirements for a charter school in order for the student to participate in interscholastic activities in the manner permitted by Chapter 40 of this title;

(3) student participating in interscholastic activities:

(a) resides within the attendance boundaries of the school for which the student participates; or

(b) in the case of a Governor's school student, resides or attends a Governor's school within the attendance boundaries of the school for which the student participates; and

(4) student notifies the superintendent of the school district in writing of his intent to participate in the interscholastic activity as a representative of the school before the beginning date of the season for the activity in which he wishes to participate.

(C) A public school student who has been unable to maintain academic eligibility is ineligible to participate in interscholastic activities as a charter school student, Governor's school student, or home school student for the following semester. To establish eligibility for subsequent school years, the student's teacher shall certify by submitting an affidavit to the school district that the student meets the relevant policies of the school at which the student wishes to participate.

(D) A Governor's school student or home school student is required to fulfill the same responsibilities and standards of behavior and performance, including related practice requirements, of other students participating in the interscholastic activities of the team or squad and is required to meet the same standards for acceptance on the team or squad.

(E) A Governor's school may not be denied by a school district the opportunity to have a team representing the school participate in interscholastic activities if the team meets the same eligibility requirements of other teams. An individual Governor's school student may not participate in an interscholastic activity of a public school district if the school that the student is enrolled in has a team or squad participating in that interscholastic activity.

(F) A school district may not contract with a private entity that supervises interscholastic activities if the private entity prohibits the participation of charter school students, Governor's school students, or home school students in interscholastic activities."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Policy

STUDENT ACTIVITIES

Code JJ Issued MODEL/12

Purpose: To establish the board's vision regarding student activities and the basic structure for the conduct of those activities.

The board regards student activities at the elementary and secondary school level as a vital part of the total educational program as long as the schools safeguard the development and well-being of the students. Schools should use these activities as a means of developing wholesome attitudes and good human relations as well as knowledge and skills.

The board sanctions student activities that traditionally have been a part of the overall school program provided school personnel properly supervise and operate the activities in accordance with school policies and regulations.

The board considers student activities to be learning experiences. The administration must develop, manage and evaluate these activities with this purpose in mind. The board considers student activities part of the total school curriculum. The administration should be included in regular curriculum planning, review and evaluation processes regarding these activities.

The principal will be responsible for the organization of all student activities. He/She will provide adequate supervision, administer student finances and approve all student activities with the assistance of delegated members of the faculty.

Interscholastic activities

Interscholastic activities include school-sponsored activities for which preparation occurs outside of the regular school day. Individuals or members of groups involved in activities which include out-of-school practice on more than one occasion weekly must meet eligibility requirements.

The board is responsible for the monitoring of all interscholastic activities other than those under the jurisdiction of the South Carolina High School League. Rules of the South Carolina High School League govern interscholastic athletics.

Schools will determine academic eligibility at the beginning of each semester. Eligibility will be based on the previous semester's record of courses taken and grades achieved.

To be eligible to participate in interscholastic activities, the student must achieve an overall passing average in addition to one of the following.

• To be eligible in the first semester, a student must pass a minimum of five Carnegie units applicable toward a high school diploma during the previous year. At least two units must have been passed during the second semester or summer school.

PAGE 2 - JJ - STUDENT ACTIVITIES

• To be eligible during the second semester, the student must meet one of the following conditions.

- If the student met first semester eligibility requirements, then he/she must pass the equivalent of four, 1/2 units during the first semester

- If the student did not meet first semester eligibility requirements, then he/she must pass the equivalent of five, 1/2 units during the first semester.

Option (for block scheduling)

In a 4 x 4 block schedule where units or ½ units are granted at the end of the first semester, the following will apply.

• if eligible first semester, must earn two units

• if not eligible first semester, must earn two and one-half units

Academic courses are those courses of instruction for which credit toward high school graduation is given. These may be required or approved electives.

If the interscholastic activity occurs completely within one semester, a student must satisfy these conditions in the semester preceding participation in the interscholastic activity. If the interscholastic activity occurs over two consecutive semesters and is under the jurisdiction of the South Carolina High School League, the student must satisfy these conditions in the semester preceding the first semester of participation.

Charter school student participation in extracurricular activities

A charter school student is eligible to compete for, and if chosen, participate in any extracurricular activities not offered by the student’s charter school which are offered at the resident public school he/she would otherwise attend, as well as any activities governed by the South Carolina High School League not offered at the charter school. Eligibility requirements and fees for these activities will be the same as those applied to full time students of the resident school and the district may not impose any additional requirements for participation on charter school students that are not imposed on full time students.

Home school student participation in interscholastic activities

A student residing in the district and eligible to attend schools of the district who has been taught in accordance with state law governing home schooling requirements for a full academic year prior to participating in an interscholastic activity may be eligible to participate in the interscholastic activities of the school where he/she is zoned to attend.

For purposes of this section, interscholastic activities are those extracurricular activities of the district involving participation or competition among or between schools, including interscholastic extracurricular music, speech, athletic and other such extracurricular activities.

PAGE 3 - JJ - STUDENT ACTIVITIES

In addition

The district will not allow an ineligible student to participate in any interscholastic and/or extracurricular activities.

Students diagnosed as disabled under the criteria established by the state board of education and satisfying the requirements of their Individualized Education Plan (IEP) as required may be eligible to participate in interscholastic and/or extracurricular activities.

Any challenge to a charter school or home school student’s approval, denial or revocation of the privilege to participate in an interscholastic or extracurricular activity will be subject to the review and appeal procedures, if any, pertaining to the activity involved.

The superintendent or his/her designee will be responsible for disseminating this policy and supporting information to students, staff, parents/legal guardians, coaches, athletic directors, volunteers and members of the community through means to include, but not be limited to, student/staff handbooks, athletic handbooks, district website, parent notifications, etc.

Cf. IHBG, IHBH, JJA, JJG, JJI

Adopted ^

Legal references:

A. Federal Legislation:

1. Education of the Handicapped Act - Public Law 94-142 - Provides for free, appropriate, public education for all handicapped children.

B. S. C. Code, 1976, as amended:

1. Section 59-39-160 - Requirements for student participation in interscholastic activities.

2. Section 59-63-425 - Student may transfer.

3. Section 59-38-10 - South Carolina Education Bill of Rights for Children in Foster Care.

4. Section 59-65-40 - Home schooling programs.

5. Section 59-65-45 - Alternative home schooling requirements.

6. Section 59-65-47 - Associations or home schools; requirements.

7. Section 59-40-10, et. seq. - South Carolina Charter School Act of 1996.

8. Section 59-63-100, et. seq. - Equal Access to Interscholastic Activities Act.

C. State Board of Education Regulations:

1. R-43-244.1 - Interscholastic activities: academic requirements for participation.

Administrative Rule

STUDENT ACTIVITIES

Code JJ-R Issued MODEL/12

Definitions

Note: For purposes of implementation of the policy, it is recommended that districts define and categorize their student activities. Districts will need to decide whether home school student participation will extend to those extracurricular activities that may have a credit bearing class requirement attached for participation.

The definitions below are presented as examples for the district to consider.

• Extracurricular activities are those activities that are outside of the regular curriculum, funded and supported by the district, and for which at least some preparation occurs outside of the regular school day (i.e., SCHSL-sponsored sports, marching band, drama productions, chorus, flag team, cheerleading, honor societies).

• Curricular activities are those activities that are part of the regular curriculum for students (i.e., French club, band, chorus, orchestra).

• Non-curricular activities are those activities that are not part of nor an extension of curricular activities sponsored and funded by the district (i.e. school newspaper, student clubs).

Charter school student eligibility

To be eligible to participate in a school’s extracurricular activities, a charter school student must do the following.

• Be a resident of the district and provide proof of residency to the superintendent or his/her designee.

• Complete an application to participate in extracurricular activities prior to the commencement of the activity involved.

• Meet applicable academic, attendance and behavioral requirements to participate in district extracurricular and/or student activities, including applicable state regulatory requirements for interscholastic activity participation.

• Participate at his/her residentially assigned school and be responsible for payment of all fees and expenses associated with participation in the activity charged to student participants enrolled in the district.

PAGE 2 - JJ-R - STUDENT ACTIVITIES

• Not have available a similar activity or program offered by or through the charter school in which he/she is enrolled.

Any costs associated with a required aide, special services support, special transportation, etc. for a disabled charter school student with special needs necessary for participation in an extracurricular activity must be arranged and funded by the student’s charter school. The charter school is responsible for complying with any requirements of Section 504 or the Individuals with Disabilities Education Act with respect to a student’s participation in an extracurricular activity.

A charter school student participating in an extracurricular activity is responsible for transportation to the activity.

Home school student eligibility

To be eligible to participate in a school’s interscholastic extracurricular activities, a home school student must do the following.

• Be a resident of the district and provide proof of residency to the superintendent or his/her designee.

• Complete an application to the superintendent or his/her designee to participate in district interscholastic activities before the beginning date of the season for the activity.

• Meet applicable academic, attendance and behavioral requirements to participate in district interscholastic activities, including applicable state regulatory requirements for interscholastic activity participation.

• Participate at his/her residentially assigned school and be responsible for payment of all fees and expenses associated with participation in the activity charged to student participants enrolled in the district.

The district is responsible for ensuring reasonable accommodations are provided to home school students participating in district interscholastic activities who have a qualifying disability under Section 504 of the Rehabilitation Act or the Americans with Disabilities Act.

A former public school student who has been unable to maintain academic eligibility is ineligible to participate in interscholastic activities as a home school student for the following semester. To establish eligibility thereafter as a home school student, the student’s teacher must certify by affidavit to the superintendent or his/her designee that the student meets the district’s interscholastic activity participation requirements.

A home school student participating in an interscholastic activity is responsible for transportation to the activity.

Issued ^

FILE: JJ-E(1)

REQUEST/VERIFICATION FORM FOR CHARTER SCHOOL STUDENT PARTICIPATION IN EXTRACURRICULAR ACTIVITY

(To be completed by the charter school administrator and student’s parent/legal guardian)

Pursuant to H. 3241 59-40-50 Section 6, a charter school student is eligible to participate in extracurricular activities at the student’s resident public school consistent with eligibility standards as applied to full-time students of the resident public school.

I understand the following conditions are required.

• The charter school student is requesting to participate in extracurricular activities at his/her zoned school (contact the district office).

• The charter school student must meet the appropriate requirements of the charter school education program as determined by the charter school governing board.

• The charter school student will agree to meet the same standards of academic performance, behavior and other identified requirements as all other district students.

• The charter school student must contact the school to obtain all information involving dates and procedures for “tryouts.”

• The charter school student or parent/legal guardian will agree to pay any participation fees normally charged to all district students.

• The charter school does not offer a similar extracurricular program or activity.

The charter school student must agree to a release of educational records to the district necessary to verify compliance with participation requirements.

If approved and selected to participate, the charter school student is responsible for transportation to and from the extracurricular activity.

(To be completed by the charter school administrator)

Charter school name: _____________________________ Student name: _________________________

Extracurricular activity: ________________________________ School year (2012-2013): ___________

Name of charter school administrator: ____________________Official title: _______________________

Administrator’s phone number: ______________________________ Email: _______________________

_______________________________________ ________________________________

Signature Date

Note: Send completed form to the designated administrator of the participating school and send a copy to the district.

___________________________________________ ________________________________

Parent/Legal guardian signature Date

FILE: JJ-E(2)

INTENT TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES

Home School Student

Dear Superintendent,

I am writing to notify you of the intent to participate in interscholastic activities by a home school student. I hereby attest that this student was a home school student for a full academic year prior to participation in the activity and resides within the boundaries of the school for which the student will participate. I understand this student must meet all school district eligibility requirements with the exception of the school district’s school or class attendance requirements, or the class and enrollment requirements of the associations administering the interscholastic activities.

We look forward to this involvement in our community. Please let us know if you need any additional information.

Sincerely,

________________________________ ______________________________

(Parent/Legal guardian signature) (Parent/Legal guardian printed name)

Note: The home school student must agree to a release of educational records to the district necessary to verify compliance with participation requirements.

The contact information for your district superintendent may be found at ed.schools.

Student information

Full name: ___________________________________________________________________________

Home address: ________________________________________________________________________

Public school district*: _____________________________ Public school: ________________________

Phone number: ___________________________________ Email: _______________________________

Birth date (mm/dd/yy): ____________________ Grade level (for participating year): ________________

Home school association**: ______________________________________________________________

Association phone: _____________________________ Association email: ________________________

Interscholastic activity/activities

I am seeking to participate in the following activity/activities.

Athletics*** (list sports): ________________________________________________________________

Music (list activity): ____________________________________________________________________

Other (list activity): ____________________________________________________________________

_______________________________________ ______________________________

Student signature Date (mm/dd/yy)

*To find your school district by your address visit:

**A list of SC home school accountability groups may be found at: Homeschool

***See the calendar for high school sports dates and deadlines.

JASON FLATT ACT

Effective date: See below

Summary: This year legislators took aim at curing a problem often referred to as a silent epidemic impacting South Carolina youth - teen suicide. Statistics from the US Center for Disease Control and Prevention cite suicide as the third leading cause of death among South Carolina children and young adults ages 10-24.

The Jason Flatt Act, named after the 16-year-old Tennessee teen who committed suicide in July 1997, directs the South Carolina Department of Education, beginning in the 2013-14 school year, to require two hours of training in youth suicide awareness and prevention for teachers as part of the required five-year teacher recertification process. The training is only required for middle and high school teachers. Overall, the training is seen as an effort to help teachers with identifying possible warning signs of students who may be contemplating suicide.

Local district action required: SCSBA has had a long standing optional model policy on suicide awareness and prevention available to districts. In light of this new legislation, we have revised our model to include language addressing the training piece now required by the department of education for the renewal of teaching credentials for certain individuals at the middle and high school level. This policy is not required by law; however, those districts that already have this policy should replace it with the new model and those districts that don’t have it may want to consider its adoption.

Policy reference: JLDBB (Self-Esteem Promotion/Suicide Prevention).

Model policy follows text of law.

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

Jason Flatt Act

SECTION 1. This act may be cited as the "Jason Flatt Act".

Youth suicide prevention teacher training

SECTION 2. Chapter 26, Title 59 of the 1976 Code is amended by adding:

"Section 59-26-110. (A) Beginning with the 2013-2014 school year, the Department of Education shall require two hours of training in youth suicide awareness and prevention as a requirement for the renewal of credentials of individuals employed in a middle school or high school as defined in Section 59-1-150. The required training shall count toward the one hundred twenty renewal credits specified in Department of Education regulations for renewal of credentials.

(B)(1) The department shall develop guidelines suitable for training and materials that may be used by schools and districts; however districts may approve materials to be used in providing training for employees.

(2) The training required in this section may be accomplished through self-review of suicide prevention materials that meet guidelines developed by the Department of Education.

(C) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this section or resulting from any training, or lack of training, required by this section unless the loss or damage was caused by willful or wanton misconduct. The training, or lack of training, required by the provisions of this section must not be construed to impose any specific duty of care."

Time effective

SECTION 3. This act takes effect upon approval of the Governor.

Policy

SELF-ESTEEM PROMOTION/

SUICIDE PREVENTION

Code JLDBB Issued MODEL/12

Purpose: To establish the board's vision for the district's suicide awareness and prevention program.

The board recognizes that suicide is a major killer of young people between the ages of 10 and 24. The district staff, students and parents/legal guardians all can contribute significantly towards the prevention of adolescent suicide. Therefore, the board directs the superintendent to consider each of these segments of the school community when developing appropriate awareness and prevention programs in the district.

Local mental health agencies and training guidelines from the South Carolina Department of Education are resources that can provide the necessary assistance that will help the district staff, parents/legal guardians and students to do the following.

• Understand the developmental stages of adolescence.

• Understand how feelings of depression and despair can lead to suicide.

• Recognize the early warning signs of suicide.

• Learn how to help in a suicidal crisis.

• Identify community resources where students can obtain help.

• Address the impact of such a tragedy.

The superintendent will ensure implementation of the required training in this area for the renewal of credentials for individuals employed in a middle or high school.

Adopted ^

Legal references:

A. S.C. Code, 1976, as amended:

1. Section 59-1-150 - Kindergarten, elementary school, middle school, secondary school, junior high school and high school defined.

2. Section 59-26-110 - Jason Flatt Act; youth suicide prevention teacher training.

JOINT RESOLUTIONS ON FLEXIBILITY

Effective date: See below

Summary: This year legislators again passed several joint resolutions directed at providing school districts flexibility in dealing with recent state budget cuts and the lagging national economy.

A joint resolution has the same force of law as an act, but is a temporary measure, dying when its subject is completed. It does require the same legislative process as a bill, but does not become an act when it is passed.

Flexibility joint resolutions passed this year included provisions for district and school report cards and teacher notification of employment. A summary of each of the two joint resolutions is provided below, including any changes from previous versions.

District and school report cards (effective June 7)

The General Assembly again passed a joint resolution which, among other things, paved the way for district and school report card flexibility and extended the grace period for some recipients of a South Carolina Teacher Loan. Provisions include the following.

• The South Carolina Department of Education is not mandated to provide printed copies of the 2012 district and school report cards. Districts or schools, if they possess parent/legal guardian email addresses in their databases, are to email links to the report cards to parents/legal guardians. Also, they must notify parents/legal guardians about the report cards through newsletters or other regular communication channels. Upon request, districts or schools must provide a printed copy of the report card free of charge.

• Districts or schools are not required to advertise 2012 report card results in the newspaper. However, results must be provided to the editor of a newspaper of general circulation in the school or district’s area.

• High schools may offer state funded WorkKeys to tenth grade students using funds appropriated for the assessment of PSAT or PLAN. The selection of the test for each student should be guided by the student’s individual graduation plan, cluster selection, guidance counselor advisement and parent/legal guardian consent.

• For fiscal year 2012-13, a grace period is established under certain conditions for some recipients of a South Carolina Teacher Loan.

The joint resolution mandates that funds saved through the suspension of report card printing requirements for SCDE must be allocated to the school districts based on the weighted pupil units.

Teacher notification of employment (effective April 14)

Legislators for the fourth year in a row extended the statutory timeline for when school boards must notify teachers of their employment - as well as the timeline for acceptance - in order to accommodate budget uncertainties. Under the joint resolution, boards must notify teachers in writing concerning their employment for the 2012-13 school year by May 15, 2012. Teachers have 10 days following receipt of the notice to accept the contract.

The joint resolution again includes a provision intended to align recommendations for formal evaluations in the following year with notification of employment for teachers.

In addition, districts are authorized to uniformly negotiate salaries below the district salary schedule for the 2012-13 school year for retired teachers.

Local district action required: Because these are joint resolutions effective for one year, SCSBA is not recommending any policy changes.

Policy reference: NA

Text: Flexibility provisions

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

DISTRICT AND SCHOOL REPORT CARDS

Printed copies not required

SECTION 1. Notwithstanding Section 59-18-930 of the 1976 Code, the State Department of Education is not required to provide printed copies of 2012 district and school report cards. The district or school shall email parents a link to the report cards if the school maintains parent email addresses in its student information system database. The district or school shall notify parents about the report cards through its newsletters and other regular communication channels. If a parent requests from the district or school a printed copy of the report card, the district or school shall provide a printed copy without cost to the parent.

Newspaper advertising not required

SECTION 2. Notwithstanding Section 59-18-930(B) of the 1976 Code, a public school or district board is not required to inform the community of the school's and district's 2012 report card by advertising the results in at least one South Carolina daily newspaper of general circulation in the area. However, the results must be provided to the editor of a newspaper of general circulation in the school's or district's area.

WorkKeys assessments authorized

SECTION 3. Notwithstanding Section 59-18-340 of the 1976 Code, high schools also may offer state-funded WorkKeys to tenth grade students using funds appropriated for the assessment of PSAT or PLAN in the 2012-2013 general appropriations act, or for these purposes in prior years. The selection of the test for each student should be informed and guided by the student's individual graduation plan, cluster selection, guidance counselor advisement, and parent or legal guardian consent.

Grace period allowed

SECTION 4. For Fiscal Year 2012-2013, an individual who received a South Carolina Teacher Loan pursuant to Section 59-26-20(j) of the 1976 Code, who completed an undergraduate or graduate degree in education in calendar year 2012, and who was not employed in a public school in South Carolina by September 1, 2012, or the 2012-2013 school year may elect to receive a one-year grace period that allows the individual to defer making loan repayments for one calendar year. Interest must be accrued during this deferral period. The South Carolina Student Loan Corporation shall develop the forms and procedures to implement and monitor the grace period.

Allocation of funds

SECTION 5. The State Department of Education shall allocate the funds from savings generated from the enactment of Section 1 of this joint resolution to school districts based on the weighted pupil units.

TEACHER EMPLOYMENT NOTIFICATION

Notice to teachers

SECTION 1. Notwithstanding Section 59-25-410, the boards of trustees of the several school districts shall decide and notify, in writing, the teachers, as defined in Section 59-1-130, in their employ concerning their employment for the 2012-2013 school year by May 15, 2012.

Notice of continuing contract teachers

SECTION 2. Notwithstanding Regulation 43-205.1, a continuing-contract teacher who is being recommended for formal evaluation the following school year must be notified in writing on or before the date the school district issues the written offer of employment or reemployment.

Notice of contract acceptance

SECTION 3. Notwithstanding Section 59-25-420, any teacher who is reemployed by written notification pursuant to Section 59-25-410 shall notify the board of trustees in writing of his acceptance of the contract for the 2012-2013 school year no later than ten days following receipt of written notification. Failure on the part of the teacher to notify the board of acceptance within the specified time limit is conclusive evidence of the teacher's rejection of the contract.

Salaries for reemployed retired teachers

SECTION 4. Notwithstanding another provision of law, school districts uniformly may negotiate salaries below the school district salary schedule for the 2012-2013 school year for retired teachers who are not participants in the Teacher and Employee Retention Incentive program.

MULTIPLE LOT DISCOUNT

Effective date: See below

Summary: For the past two legislative sessions, the South Carolina Homebuilders Association has pushed legislation which would temporarily increase the years associated with the multi-lot property tax discount. This discount was enacted by lawmakers to ease the tax burden on developers as they go through the process of taking an empty, unfinished lot to a completed house sold to a homeowner. Homebuilders and developers advocated that expanding the discount was even more important now because of the national real estate crisis occurring the past several years.

SCSBA, along with the South Carolina Association of Counties, fought this legislation the past two years because of the Board of Economic Advisors’ (BEA) fiscal impact statement citing that the legislation would have an estimated $5.6 million fiscal impact on local governments. Local school districts will account for nearly 50 percent of this total. After nearly two years of negotiations and at the urging of lawmakers from both political parties and both chambers of the General Assembly, the homebuilders and counties reached a compromise. SCSBA did not support the compromise because of the premise that districts are still coping with the drastic cuts to education funding the past several years and some districts are unable to deal with any cut to funding at this point. Furthermore, SCSBA ultimately believes the state should quit with piece-meal approaches to tax policy in South Carolina and that the multi-lot discount, as well as other tax exemptions and reductions, should be a part of a broader conversation and total reform of South Carolina’s tax code. However, there are several measures within the new law which should help to mitigate some of the fiscal impact associated with law.

Highlights of changes to the law include the following.

• a three-year extension from years 2012-14 of the multi-lot discount for developers and homebuilders

• builders with one year left on the discount in years 2009-11 will receive an additional three years of the discount; however, no refunds will be allowed

• during the three-year extension, qualified builders and developers can sell lots to other builders and/or developers and the discount transfers to the new owner

• rules related to the taxation of owner-occupied properties are tightened by stating no member of a household receiving the owner-occupied property tax rate can claim another property as his/her legal residence

• the loophole involving properties with multiple owners is closed; for a resident owning less than 50 percent of a property, only his/her share of the property would be taxed at the discounted or lower rate

Local district action required: SCSBA does not recommend any policy action due to the enactment of this law.

Policy reference: NA

Text: The text of this law may be found at . Click on Current Legislation; Bill, Act or Rat #; and enter 3934 (House bill 3934) for the search.

RETIREMENT REFORM

Effective date: See below

Summary: Reforming the state’s retirement system has been a major focus of lawmakers for the past several years. The system’s estimated $17 billion unfunded liability has been widely reported and both chambers of the General Assembly created special committees armed with the task of finding solutions to the problems and making the system solvent.

The state system is funded through three sources: investment returns, employee contributions and taxpayer contributions. The unfunded liability has been determined to be the consequence of the downturn in the national economic climate which resulted in poor investment returns along with the fact that people are retiring earlier, but living longer. The passage of the law will immediately cut nearly $2 billion from the unfunded liability and will completely eliminate the remainder by 2044.

The new law will mean significant changes for the system effective July 1, 2012. The assumed rate of return will be 7.5 percent and the entire system will be placed under PEBA with the Employee Insurance Program; B&CB (or successor agency) retains authority to approve certain PEBA actions. In addition, future state workers will be subject to major changes and current employees will also face a few changes.

Highlights of changes outlined in the new law include the following.

• Increases employee contribution rates over the next three years (0.5 percent each year).

• Sets employer contribution rate at 10.6 percent beginning July 1, 2012 with increases to 10.9 percent by July 1, 2014.

• Makes it tougher to retire early because of a disability; the new law mirrors federal Social Security standards (effective December 2013).

• Eliminates the TERI program for new employees and completely phases out the program by June 30, 2018.

• Restricts return to work program; starting in January 2013, unless an exemption applies, any employee must be retired for 30 days before coming back, and if an employee retires and comes back to work at their same job, the individual will have to forfeit their retirement checks once they have earned $10,000 in salary.

Highlights of the new law impacting on new/future state employees include the following.

• Average compensation will be based on the five highest years of earnable compensation.

• Payments for unused annual leave will no longer be included in Average Final Compensation (AFC).

• No service credit will be awarded for unused sick leave at retirement effective July 1, 2012.

• Eight years of earned service is now required to become vested in the system.

• To retire and receive full benefits a member must meet the “rule of ninety” - age plus number of years of service must equal 90 (for example: a person age 60 with 30 years of service would meet the rule).

Local district action required: SCSBA recommends boards update their retirement policies to clarify the difference between requirements for present employees in the system and new employees hired after June 30, 2012. We have clarified these two groups in the revised models (previous language just referred to “any school district employee”).

Policy reference: GCQE (Retirement of Professional Staff). GDQC (Retirement of Support Staff).

Model policies follow text of law.

Text: The text of this law may be found at . Click on Current Legislation; Bill, Act or Rat #; and enter 4967 (House bill 4967) for the search.

Policy

RETIREMENT OF PROFESSIONAL STAFF

Code GCQE Issued MODEL/12

Purpose: To establish the basic structure for the retirement of professional staff in a manner that will have a minimum amount of impact on the district's instructional program.

Any district employee who is a member of the South Carolina Retirement System prior to June 30, 2012, may retire with full benefits if the member has five or more years of earned service; reached the age of 60 or has 28 or more years of creditable service and separated from service. A member who has reached age 60 may retire with reduced benefits.

Any district employee with an effective date of membership in the South Carolina Retirement System after June 30, 2012, may retire with full benefits if the employee has eight or more years of earned service; reached the age of 60 or satisfied “the rule of ninety” requirement (age plus service years equals ninety) and separated from service.

The employee should notify the board in writing of his/her intent to retire as soon as possible, but not later than March 15 of the year in which he/she plans to retire.

An eligible employee wishing to retire during the course of the school year and to continue his/her employment as a retired employee must adhere to the current state statutes at the time of retirement.

Teacher and Employee Retention Incentive (TERI) program

School district employees who desire to participate in the TERI program should consult the South Carolina State Retirement System or the district’s benefits coordinator in order to ascertain current governing rules and regulations. Employees under TERI are retired for retirement benefit purposes and retain full employment rights and benefits.

Sick leave benefits at the time of TERI retirement may be credited for retirement benefit calculations. Any remaining balance will be brought forward into the TERI term of employment. Any such entitlements are to be determined by reference to the school district’s leave policy. TERI participants are eligible for cumulative leave.

Vacation leave benefits are the same as for non-retired employees.

Adopted ^

Legal references:

A. Federal Law:

1. 29 U.S.C. 621 et seq. - Age Discrimination in Employment Act of 1967.

PAGE 2 - GCQE - RETIREMENT OF PROFESSIONAL STAFF

B. S.C. Code, 1976, as amended:

1. Section 9-1-10 - Teachers are members of the state retirement system.

2. Section 9-1-1510, (A), (B) - Retirement eligibility (Class One or Two member; Class Three member).

3. Section 9-1-1515 - Early retirement.

4. Section 9-1-1550 - Service retirement allowances.

5. Section 9-1-2210 - Teacher and Employee Retention Incentive Program.

Policy

RETIREMENT OF SUPPORT STAFF

Code GDQC Issued MODEL/12

Purpose: To establish the basic structure for the retirement of support staff.

Any district employee who is a member of the South Carolina Retirement System prior to June 30, 2012, may retire with full benefits if the member has five or more years of earned service; reached the age of 60 or has 28 or more years of creditable service and separated from service. A member who has reached age 60 may retire with reduced benefits.

Any district employee with an effective date of membership in the South Carolina Retirement System after June 30, 2012, may retire with full benefits if the employee has eight or more years of earned service; reached the age of 60 or satisfied “the rule of ninety” requirement (age plus service years equals ninety) and separated from service.

The employee should notify the board in writing of his/her intent to retire as soon as possible, but not later than March 15 of the year in which he/she plans to retire.

An eligible employee wishing to retire during the course of the school year and to continue his/her employment as a retired employee must adhere to the current state statutes at the time of retirement.

Teacher and Employee Retention Incentive (TERI) program

School district employees who desire to participate in the TERI program should consult the South Carolina State Retirement System or the district’s benefits coordinator in order to ascertain current governing rules and regulations. Employees under TERI are retired for retirement benefit purposes and retain full employment rights and benefits.

Sick leave benefits at the time of TERI retirement may be credited for retirement benefit calculations. Any remaining balance will be brought forward into the TERI term of employment. Any such entitlements are to be determined by reference to the school district’s leave policy. TERI participants are eligible for cumulative leave.

Vacation leave benefits are the same as for non-retired employees.

Adopted ^

Legal references:

A. Federal Law:

1. 29 U.S.C. 621 et seq. - Age Discrimination in Employment Act of 1967.

B. S. C. Code, 1976, as amended:

1. Section 9-1-10 - Teachers are members of the state retirement system.

PAGE 2 - GDQC - RETIREMENT OF SUPPORT STAFF

2. Section 9-1-1510, (A), (B) - Retirement eligibility (Class One or Two member; Class Three member).

3. Section 9-1-1515 - Early retirement.

4. Section 9-1-1550 - Service retirement allowances.

5. Section 9-1-2210 - Teacher and Employee Retention Incentive Program.

BATH SALTS AND SYNTHETIC MARIJUANA

Effective date: April 2, 2012

Summary: Last October South Carolina became the 38th state to ban specific substances commonly used as the main components of the designer drugs bath salts and synthetic marijuana. The state ban followed actions taken by the federal Drug Enforcement Administration (DEA) on November 24, 2010 which temporarily banned the main chemicals used in the production of both products beginning March 1, 2011. Last year the DHEC board voted unanimously to move both bath salts and synthetic marijuana to the Schedule 1 controlled substance list which means they have no medical use and have a high potential for abuse. South Carolina law states that a person who manufactures, distributes or possesses either drug can be found guilty of a felony and can be punished with up to15 years in jail time and/or hefty fines. Even before the DHEC vote, nearly a dozen counties and cities had passed measures that outlawed both substances.

The General Assembly strengthens the ban imposed by DHEC with the passage of H.3793 (A.140). The law modifies the reporting requirements of DHEC to the General Assembly as it relates to adding, deleting or revising substances to the Schedule 1 list. In addition, the new law adds specific language associated with bath salts and synthetic marijuana and the ingredients that comprise each substance.

Bath salts are products that are typically snorted, injected or smoked. When consumed by users bath salts mimic the effects of cocaine, LSD and methamphetamine. The two main components used in the production of the drug include methylenedioxyprovalerone (MDPV) and mephedrone. The most common bath salt products sold include Ivory Wave, Vanilla Sky, Purple Wave, and Bliss. Reported health effects include agitation, paranoia, hallucinations, seizures and possible death.

Synthetic marijuana is a psychoactive herbal and chemical product which mimics the effects of cannabis/marijuana when consumed by users. The main components used in the production of synthetic marijuana include JWH-018, JWH-073, JWH-200, CP-47,497 and cannabicyclohexanol. The most common brands sold are K2, Spice, Blaze, Red X Dawn Mr. Nice Guy and Salvia Divinorum. Reported health effects include agitation, anxiety, elevated blood pressure, nausea, paranoia, hallucinations and seizures.

Local district action required: SCSBA recommends districts add these two items (bath salts and synthetic marijuana) to their lists of prohibited drugs in their applicable policies. The models included here have a revised paragraph on the definition of “drug.”

Policy references: ADB (Drug and Alcohol-Free Workplace and Schools). GBEC (Drug and Alcohol-Free Workplace and Schools). JICH (Drug and Alcohol Use by Students).

Model policies for ADB and GBEC follow the text of the law. Model policy JICH does not include specific listings for drugs, so it is not included here (legal references will be amended).

Text: The text of this law may be found at . Click on Current Legislation; Bill, Act or Rat #; and enter 3793 (House bill 3793) for the search.

Policy

DRUG AND ALCOHOL-FREE WORKPLACE

AND SCHOOLS

Code ADB Issued MODEL/12

Purpose: To establish the basic structure to ensure the board's vision of a workplace and learning environment free of drugs and alcohol.

The district is committed to providing a drug and alcohol-free learning environment and workplace. Drug and alcohol abuse in the workplace or at school or in connection with school-sponsored activities on or off school grounds threatens the health and safety of our students and our employees and adversely affects the educational mission of the district.

Employees

No employee will unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any drug on or in the workplace. “Drug” means any narcotic drug, depressant, stimulant or hallucinogenic drug, amphetamine, barbiturate, marijuana, any counterfeit drug, imitation controlled substance, “lookalike” substance, synthetic drug or designer drug (bath salts and synthetic marijuana) or any other controlled substance as defined by the act and regulation cited below. No employee will manufacture, distribute, dispense, possess, use or be under the influence of alcohol on or in the workplace.

“Workplace” means the site for the performance of work. That includes any school building or any school premises and any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities. It also includes off-school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event where students are under the jurisdiction of the district.

As a condition of employment, each employee will notify his/her supervisor of his/her conviction of any criminal drug statute for a violation occurring in the workplace as defined above. The employee must notify the supervisor no later than five days after such conviction.

As a condition of employment, each employee must abide by the terms of the school district policy respecting a drug and alcohol-free workplace.

An employee who violates the terms of this drug-free workplace policy may be subject to disciplinary action including, but not limited to, nonrenewal, suspension or termination at the discretion of the board. Such employee may be required to satisfactorily participate in a drug abuse assistance program or rehabilitation program approved by the board.

The board will take such action in accordance with district policies and regulations as well as applicable state and federal law.

The board directs the administration to establish a drug and alcohol-free awareness program in the district to include information on the dangers of drug and alcohol abuse in the workplace, the district's policy on a drug and alcohol-free workplace, and any drug and alcohol counseling available to employees as well as any available rehabilitation and employee assistance programs.

PAGE 2 - ADB - DRUG AND ALCOHOL-FREE WORKPLACE

AND SCHOOLS

Students

No student, regardless of age, will possess, use, sell, purchase, barter, distribute or be under the influence of alcoholic beverages or other controlled substances in the following situations.

• on school property (including buildings, grounds, vehicles)

• at any school-sponsored activity, function or event whether on or off school grounds including any place (where an interscholastic athletic contest is taking place)

• during any field trip

• during any trip or activity sponsored by the board or under the supervision of the board or its authorized agents

No student will aid, abet, assist or conceal the possession, consumption, purchase or distribution of any alcoholic beverage by any other student or students in any of the circumstances listed above.

No student will market or distribute any substance which is represented to be or is substantially similar in color, shape, size or markings of a controlled substance in any of the circumstances listed above.

All principals will cooperate fully with law enforcement agencies and will report to them all information that would be considered pertinent or beneficial in their efforts to stop the sale, possession and use of controlled substances.

The administration will suspend students who violate this policy and the board may expel them. The board intends to expel all students who distribute any controlled substance on school grounds.

(Cf. GBEC, JICH)

Adopted ^

Legal references:

A. Federal statutes:

1. Drug-Free Workplace Act 102 Stat. 4305-4308.

2. Controlled Substances Act (21 U.S. C. 812) - Schedules I through V of Section 202.

B. Federal regulations:

1. 54 F.R. 4946 (1/31/89) - Relating to the Drug-Free Workplace Act.

2. 21 CFR 1300.11 through 1300.15 - Defining controlled substances.

C. State law:

(Alcohol)

1. S.C. Constitution:

a. Article XVII, Section 14 - Must be over 21 to possess distilled liquors.

2. S.C. Code of Laws, 1976, as amended:

a. Section 16-17-530 - Students who come to school in an intoxicated condition, or conduct themselves in a disorderly or boisterous manner, could be arrested for a misdemeanor.

b. Section 59-67-150 - Drinking alcoholic liquors on a school bus is prohibited.

PAGE 3 - ADB - DRUG AND ALCOHOL-FREE WORKPLACE

AND SCHOOLS

(Drugs)

1. S.C. Code, 1976, as amended:

a. Section 44-49-80 - Establishment of drug abuse treatment program in public schools.

b. Section 44-53-110, et seq. - Definitions; lists of illicit drugs.

c. Section 44-53-140 - Certain communications and observations shall be privileged.

d. Section 44-53-160 - Manner in which changes must be made to schedules of controlled substances.

e. Section 44-53-190 - Substances added to Schedule 1 controlled substances.

f. Section 44-53-370 - Prohibited Acts A; penalties.

g. Section 44-53-440 - Distribution to persons under 18.

Policy

DRUG AND ALCOHOL-FREE WORKPLACE

AND SCHOOLS

Code GBEC Issued MODEL/12

Purpose: To establish the basic structure to ensure the board's vision of a workplace and school environment free of drugs and alcohol.

The district is committed to providing a drug and alcohol free learning environment and workplace. Drug and alcohol abuse at school or in connection with school-sponsored activities on or off school grounds threatens the health and safety of our students and our employees and adversely affects the educational mission of the schools.

Employees

No employee will unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any drug on or in the workplace. “Drug” means any narcotic drug, depressant, stimulant or hallucinogenic drug, amphetamine, barbiturate, marijuana, any counterfeit drug, imitation controlled substance, “lookalike” substance, synthetic drug or designer drug (bath salts and synthetic marijuana) or any other controlled substance as defined by the act and regulation cited below. No employee will manufacture, distribute, dispense, possess, use or be under the influence of alcohol on or in the workplace.

“Workplace” means the site for the performance of work. That includes any school building or any school premises and any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities. It also includes off-school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event where students are under the jurisdiction of the district.

As a condition of employment, each employee will notify his/her supervisor of his/her conviction of any criminal drug statute for a violation occurring in the workplace as defined above. The employee must notify the supervisor no later than five days after such conviction.

As a condition of employment, each employee must abide by the terms of the school district policy respecting a drug and alcohol-free workplace.

An employee who violates the terms of this drug-free workplace policy may be subject to disciplinary action including, but not limited to, nonrenewal, suspension or termination at the discretion of the board. Such employee may be required to satisfactorily participate in a drug abuse assistance program or rehabilitation program approved by the board.

The board will take such action in accordance with district policies and regulations as well as applicable state and federal law.

The board directs the administration to establish a drug and alcohol-free awareness program in the district to include information on the dangers of drug and alcohol abuse in the workplace, the district's policy on a drug and alcohol-free workplace, and any drug and alcohol counseling available to employees as well as any available rehabilitation and employee assistance programs.

PAGE 2 - GBEC - DRUG AND ALCOHOL-FREE WORKPLACE

AND SCHOOLS

Students

No student, regardless of age, will possess, use, sell, purchase, barter, distribute or be under the influence of alcoholic beverages or other controlled substances in the following situations.

• on school property (including buildings, grounds, vehicles)

• at any school-sponsored activity, function or event whether on or off school grounds (including any place where an interscholastic athletic contest is taking place)

• during any field trip

• during any trip or activity sponsored by the board or under the supervision of the board or its authorized agents

No student will aid, abet, assist or conceal the possession, consumption, purchase or distribution of any alcoholic beverage by any other student or students in any of the circumstances listed above.

No student will market or distribute any substance which is represented to be or is substantially similar in color, shape, size or markings of a controlled substance in any of the circumstances listed above.

All principals will cooperate fully with law enforcement agencies and will report to them all information that would be considered pertinent or beneficial in their efforts to stop the sale, possession and use of controlled substances.

The administration will suspend students who violate this policy and the board may expel them. The board intends to expel all students who distribute any controlled substance on school grounds.

(Cf. JICH; also ADB)

Adopted ^

Legal references:

A. Federal statutes:

1. Drug-Free Workplace Act 102 Stat. 4305-4308.

2. Controlled Substances Act (21 U.S. C. 812) - Schedules I through V of Section 202.

B. Federal regulations:

1. 54 F.R. 4946 (1/31/89) - Relating to the Drug-Free Workplace Act.

2. 21 CFR 1300.11 through 1300.15 - Defining controlled substances.

C. State law:

(Alcohol)

1. S.C. Constitution:

a. Article XVII, Section 14 - Must be over 21 to possess distilled liquors.

2. S.C. Code of Laws, 1976, as amended:

a. Section 16-17-530 - Students who come to school in an intoxicated condition, or conduct themselves in a disorderly or boisterous manner, could be arrested for a misdemeanor.

b. Section 59-67-150 - Drinking alcoholic liquors on a school bus is prohibited.

PAGE 3 - GBEC - DRUG AND ALCOHOL-FREE WORKPLACE

AND SCHOOLS

(Drugs)

1. S.C. Code, 1976, as amended:

a. Section 44-49-80 - Establishment of drug abuse treatment program in public schools.

b. Section 44-53-110, et seq. - Definitions; lists of illicit drugs.

c. Section 44-53-140 - Certain communications and observations shall be privileged.

d. Section 44-53-160 - Manner in which changes must be made to schedules of controlled substances.

e. Section 44-53-190 - Substances added to Schedule 1 controlled substances.

f. Section 44-53-370 - Prohibited Acts A; penalties.

g. Section 44-53-440 - Distribution to persons under 18.

TRAINING UNLICENSED PERSONS IN SCHOOL

Effective date: N/A

Summary: Due to advances in medical knowledge and technology, many students with special health care needs are now able to take advantage of their educational programs in regular school settings. Services such as administration of medications by a variety of methods, tube feedings, catheterizations, glucose monitoring, nebulizer treatments, oxygen therapy and tracheostomy care are commonly provided in schools. School districts must assure a free appropriate public education in the least restrictive environment and must develop systems for providing health services in a safe, effective and efficient manner during times when students are under the charge of schools (e.g., at school, on transportation provided by the school, on school-sponsored field trips, participating as a representative of the school in extracurricular activities, during before and after school programs on the school campus).

Registered Nurses (RNs) are the foundation of a sound school health services system of care and from a professional perspective are responsible for managing all aspects of school nursing services for the students they serve. Licensed Practical Nurses (LPNs) may provide nursing services, within their scopes of practice, under the supervision of an RN. In some cases, RNs may work with school administrators to enlist assistance from school personnel who are not licensed nurses to assure timely and consistent health services for students. The South Carolina Board of Nursing, which regulates nursing practice, has issued Advisory Opinions 50, 51 and 52 to provide safe practice parameters for school nurses when including school personnel who are not licensed nurses in the health care of students.

Local district action required: SCSBA has worked with school nurses on other issues impacting school districts by developing policy language and recommendations for districts. This model policy is based on the advisory opinions issued by the South Carolina Board of Nursing and is presented for those districts with a need for board policy language to guide them in training unlicensed persons in the schools to assist with providing health services for students.

Policy reference: JLCF (School Nurses).

Model policy follows.

Text: N/A

Policy

SCHOOL NURSES

Code JLCF Issued MODEL/12

Purpose: To establish the basic structure for meeting the health needs of students while under the charge of individuals employed or contracted to act on behalf of the district.

The district will employ or contract for the services of licensed nurses to provide school nursing services for students during the regular school hours and will work toward meeting or exceeding the minimum caseload assignments for nurses considered optimal by the National Association of School Nurses and/or governmental agencies such as the U.S. Department of Health and Human Services. Nurses must possess a current unrestricted license recognized by the South Carolina Board of Nursing for nursing practice in South Carolina. The duties and responsibilities of nurses will be set in accordance with the laws and regulations governing nursing in South Carolina.

Provision of school health services

A licensed nurse employed by or contracted to work for the district may train school personnel who are not licensed nurses to provide certain nursing tasks and services for specific students. Training will occur in accordance with South Carolina Board of Nursing Advisory Standards. All training must be provided using procedures and curricula approved through the appropriate district processes.

Consistent with the laws governing nursing practice in South Carolina and the most current South Carolina Board of Nursing Advisories, training for school personnel who are not licensed nurses may include the following.

• Performing nursing tasks related to meeting a student’s needs for personal hygiene; meeting a student’s needs related to nutrition, ambulation or elimination; taking a student’s vital signs; maintaining asepsis; and observing, recording and reporting any of the tasks enumerated above.

• Providing emergency medications and assistance for specific students in the event that the students experience an emergency event when a licensed nurse is not available.

• Assisting students with routine medications (i.e., medications given on a routine schedule) if the licensed nurse assigned to the school on a full-time basis is absent or not available.

A registered nurse who is an employee of the district will be available via telecommunications to provide support for trained school personnel who are providing nursing tasks and services in the absence or unavailability of a licensed nurse.

The district will comply with Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act to assure that the need for health services does not impede any student’s access to a free appropriate public education in the least restrictive environment.

PAGE 2 - JLCF - SCHOOL NURSES

For quality assurance purposes, all school personnel and contract personnel providing health services will follow district procedures for reporting errors related to medications and other health services.

Adopted ^

Legal references:

A. Individuals with Disabilities Education Act:

1. 34 C.F.R. Part 104 - The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973.

2. 20 USCA Sections 1400-1485 - The Individuals with Disabilities Education Act.

3. The Individuals with Disabilities Education Improvement Act of 2004.

B. SC Code of Laws, 1976, as amended:

1. Section 40-33-30 - Does not prohibit nursing assistance in case of an emergency.

2. Section 40-33-42 - Tasks delegable to persons not licensed to practice nursing.

3. Section 30-33-44 - Exceptions to supervision requirements for licensed practical nurses.

C. SC Code of Regulations

1. Section 43-205 - Administrative and Professional Personnel Qualifications, Duties, and Workloads.

Other references

• Board of nursing advisory opinion # 33: Is it within the role and scope of a licensed practical nurse (LPN) to practice without on-site registered nurse (RN) supervision under certain circumstances?

• Board of nursing advisory opinion # 50: Is it within the role and scope of a licensed nurse practicing in a school setting to select, train, determine competency and evaluate unlicensed school personnel in the provision of treatments and the administration of medications required to meet a specific student’s needs in the event that a medical emergency occurs when a licensed nurse is not readily available? Role of RN and LPN in training related to medical emergencies



• Board of nursing advisory opinion # 51: Is it within the role and scope of a licensed nurse practicing in a school setting to select, train, determine competency of and evaluate unlicensed school personnel in the provision of select nursing tasks required in order for a student to attend school? Role of RN and LPN in training related to select nursing tasks



• Board of nursing advisory opinion #52: Is it within the role and scope of a registered nurse (RN) or licensed practical nurse (LPN) practicing in a school setting to select, train, determine the competency of and evaluate unlicensed school personnel for assisting students with medications taken on a routine schedule? Role of RN and LPN in training related to routine medications



PAGE 3 - JLCF - SCHOOL NURSES

• Caseload assignments (National Association of School Nurses)



• Healthy People 2020 ECBP-5 (U.S. Department of Health & Human Services): Increase the proportion of the nation’s elementary, middle and senior high schools that have a full-time registered school nurse-to-student ration of at least 1:750.



TEACHER CONTRACTS

Effective date: June 18, 2012

Summary: Lawmakers enacted legislation this year to extend the teacher induction contract period from one year to up to three years, which should give districts additional flexibility in making a determination to hire a teacher as well as assessing a teacher’s performance. This extension also applies to a teacher certified under the career and technology education work-based certification process.

Under the new law, the following changes are effective.

• The induction year contract period for teachers is extended from one year to up to three years.

• At the end of each year of the three-year induction contract period, a district must do one of the following.

- employ the teacher under another induction contract

- employ the teacher under an annual contract

- terminate the teacher’s employment

• A teacher who is terminated may seek employment at another district at the induction contract level.

Local district action required: Districts may have policy language that discusses contract status in detail (perhaps in the contract and compensation policy or the hiring policy). If so, this language needs to be revised for the change to the induction year contract period.

SCSBA’s only reference to length of the induction period for teachers is in policy GCOA Evaluation of Professional Staff. Districts need to amend this policy by making a change in the last sentence of the paragraph under the heading “Induction programs” as follows.

No person may be employed as an induction teacher for more than three years.

Policy reference: GCB (Professional Staff Contracts and Compensation). GCF (Professional Staff Hiring). GCOA (Evaluation of Instructional Staff).

Text: The text of this law may be found at . Click on Legislation; Bill, Act or Rat #; and enter 3028 (House bill 3028) for the search.

COURT DECISIONS

Effective date: N/A

Summary: Several court decisions issued during 2011-12 were significant in their ability to impact on public education. What follows is a brief summary of key cases decided by the Fourth Circuit Court of Appeals, the South Carolina Supreme Court, and the South Carolina Court of Appeals and their meaning for public schools.

Off-campus religious instruction for credit

At a time when providing choices for public school parents is the subject of much debate particularly in South Carolina, a three-judge panel of the Fourth Circuit Court of Appeals issued a ruling June 28 that a district’s released time policy allowing students to earn academic credit for off-campus religious instruction does not violate the First Amendment’s Establishment Clause.

Rulings by the Fourth Circuit Court of Appeals have the force of law in South Carolina.

In the case of Moss v. Spartanburg County School District No. 7, plaintiffs challenged Spartanburg 7’s released time policy that was adopted shortly after the state General Assembly enacted the Released Time Credit Act (RTCA) in 2006. Spartanburg 7’s policy stated in part: “The district will accept no more than two elective Carnegie unit credits for religious instruction taken during the school day in accordance with this policy. The district will evaluate the classes on the basis of purely secular criteria prior to accepting credit. The district will accept off-campus transfer of credit for released time classes with prior approval.” The district′s policy also provided that the released time courses be taken “away from school property,” without the assistance of public staff or funding, and directed that “district staff and faculty … not promote or discourage participation by district students in a released time program.”

The lawsuit was filed against the district in June 2009 by parents Robert Moss and Ellen Tillett and the Wisconsin-based Freedom From Religion Foundation alleging that the policy allowing students to receive academic credit for off-campus religious instruction through Spartanburg County Bible Education in School Time (Bible School) was an endorsement of religion and a violation of the First Amendment’s Establishment Clause. Moss’s daughter joined the suit after graduating from high school.

The Fourth Circuit panel concluded there was no religious entanglement problem, as the school district’s released time policy relied exclusively on the provision of off-campus religious instruction by nongovernmental educators and passively accommodated the genuine and independent choices of parents and students to pursue such instruction.

Early in 2007, Bible School, a private, unaccredited religious education organization, approached Spartanburg 7, requesting that they allow Spartanburg High School (SHS) students to participate for academic credit in a released time religious course focusing on a Christian worldview. In these discussions, the district stated its preference that grades under the released time program be received as transfer credits from accredited private schools, rather than from unaccredited education providers like Bible School. This arrangement was consistent with the district’s practice of receiving grades awarded by a private school, including grades for religious courses, when a private school student transfers into public school.

Bible School entered into an agreement with an accredited private religious school in which Bible School would submit the grades through the private school to SHS. The private school agreed to review and monitor Bible School’s curriculum, teacher qualifications and educational objectives, and to award course credit. This agreement obviated the need for SHS officials to become involved in assessing the “quality” of religious released time courses, consistent with the “purely secular criteria” requirement of the RTCA. Further, SHS never actively or directly engaged in promoting the Bible School course or any other released time course. The Bible School course was not listed in SHS’ course catalog, and the Bible School could not advertise the course in SHS classrooms. The Bible School did provide SHS school counselors with flyers, but the counselors were authorized to discuss the Bible School or the flyers with parents and students only after they expressed an interest. SHS permitted Bible School to staff an information table at SHS’s annual registration open house, just as SHS did for other outside organizations, such as military and college recruiters.

In affirming the lower federal district court’s decision favoring Spartanburg 7, the Fourth Circuit panel applied the three-part test from the 1971 U.S. Supreme Court case of Lemon v. Kurtzman in analyzing whether government conduct passes constitutional muster. In its analysis of the facts, the panel found that the district′s released time policy took place off campus and expressly prohibited any use of public staff or funds for its execution. The panel also found the manner adopted by the district for accepting those academic credits was “neutral[ly] administrative,” in that SHS “accepts the grades without individually assessing the quality or subject matter of the [religious] course, trusting the private school accreditation process to ensure adequate academic standards,” and “leaves the monitoring function to private schools.”

The panel also rejected the plaintiffs’ “excessive entanglement” claim as “unpersuasive” in light of the record. Instead, the panel found that Spartanburg 7 officials had maintained a neutral relationship with Bible School that neither discouraged nor encouraged student participation in the course. It concluded that the district′s released time policy “relies exclusively on the provision of off-campus religious instruction by nongovernmental educators and passively accommodates the ‘genuine and independent choices’ of parents and students to pursue such instruction.”

Local district action required: SCSBA does not recommend specific policy changes based on the Moss case other than adding the court case to the legal references. See the 2006 Policy and Legislative Update Book for further information on released time.

Moss v. Spartanburg County School District No. 7 683 F.3d 599 (4th Cir. 2012).

Policy reference: JHCB (Released Time for Religious Instruction).

Legislative prayer

A panel of the Fourth Circuit Court of Appeals on July 29, 2011 issued a ruling that a North Carolina county’s policy of allowing opening prayers at its board of commissioners meetings, as implemented, violates the Establishment Clause because the content of the prayers advanced or endorsed a particular religion, namely Christianity.

Rulings by the Fourth Circuit Court of Appeals have the force of law in South Carolina.

In Joyner v. Forsyth County, the Board of Commissioners for Forsyth County had a long-standing practice of opening its meetings with a prayer. Although the county did not have a written policy before 2007, its practice was to ask local clergy to offer an invocation at the beginning of meetings. Clergy were selected from a list of churches pulled from the phone book. Although the board took a hands-off approach to the prayer content, the record showed that there were frequent references to Jesus Christ.

After three residents filed suit against the county in federal court over the prayer practice, the county adopted a written policy which for the most part codified its past practice. The policy stated in part that the prayers were “not intended, and shall not be implemented or construed in any way, to affiliate the board with, nor express the board’s preference for, any faith or religious denomination.” The policy’s stated goal was to “acknowledge and express the Board’s respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Forsyth County.”

Even though the policy was couched in the language of neutrality, the prayers offered at meetings “repeatedly continued to reference specific tenets of Christianity.” The lower federal court in ruling against the county stated that the “invocation policy, as implemented, violates the Establishment Clause of the Constitution” and stopped the board from continuing the policy as implemented. The Fourth Circuit panel agreed.

The panel’s majority said the issue was the constitutional validity of legislative prayer as it coexists with the Establishment Clause’s principles of disestablishment and religious freedom. The majority pointed out that in Marsh v. Chambers, the only U.S. Supreme Court case to directly address the constitutionality of legislative prayer, the Supreme Court affirmed the legitimacy of legislative prayer. It cited two Fourth Circuit decisions, Wynne v. Town of Great Falls (see Policy and Legislative Update, 2004) and Simpson v. Chesterfield County Board of Supervisors, which were consistent with Marsh’s holding.

Based on the Supreme Court’s decision in Marsh and the Fourth Circuit’s decisions in Wynne and Simpson, the majority concluded that the board’s policy, as implemented, “cannot withstand scrutiny.” It noted the frequency of occasions, documented in the record, where Christian prayers were offered. The panel concluded: "Taken as a whole, it is clear that the prayers offered under the Board’s policy did not ‘evoke common and inclusive themes and forswear . . . the forbidding character of sectarian invocations.” Further, it stressed that in the Wynne and Simpson cases, like the present one, the crucial factor was the non-sectarian nature of the prayers, not identity of the particular speaker.

Lastly, the majority found that the fact that the policy was neutral was not dispositive of its constitutionality because it was the board’s implementation of the policy that was in question. It stated: “It is not enough to contend, as the dissent does, that the policy was neutral and proactively inclusive, when the County was not in any way proactive in discouraging sectarian prayer in public settings.” The majority concluded that dissent’s defense of the policy on the ground it is a “[t]ake-all-comers” policy, “exposed the constitutional flaw because policies that do not discourage sectarian prayer will inevitably favor the majoritarian faith in the community at the expense of religious minorities living therein.”

As noted above, the issue in the Joyner case was not the language of the county board's policy but the actual implementation. Local boards should look to the Joyner case as guidance in the offering of legislative prayer before a meeting. In light of Joyner, 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 changes based on the Joyner case.

Policy reference: NA

Freedom of Information Act and agenda amendments

A case decided June 13 by the South Carolina Court of Appeals makes it illegal under the state Freedom of Information Act (FOIA) for public bodies, including school boards, to amend the agenda during a meeting. Further, the Court of Appeals held that FOIA requires that published agendas are required for all regularly scheduled meetings.

The case, Lambries v. Saluda County Council, was filed against the county council due to its practice of amending the agenda during regularly scheduled meetings. The statute states the “[a]genda, if any, for regularly scheduled meetings must be posted on a bulletin board at the office or meeting place of the public body at least twenty-four hours prior to such meetings. … This requirement does not apply to emergency meetings of public bodies.”

The Court of Appeals noted that the lower circuit court determined the “if any” language means that nothing requires a public body to have an agenda for a regularly scheduled meeting. In reversing the circuit court, the Court of Appeals said, “this interpretation is inconsistent with the requirement that agendas be posted twenty-four hours prior to a meeting.” Further, it said, it would defeat the purpose and intent of FOIA for there to be no agenda.

Regarding the amendment of agendas during the meeting, the Court said, “to allow an amendment of the agenda regarding substantive public matters undercuts the purpose of the notice requirement” under FOIA for regularly scheduled meetings. Permitting the amendments to the agenda during a regularly scheduled meeting “is a practice that could be abused and violates the spirit of FOIA.”

Court of Appeals rulings are law in South Carolina. Based on the ruling in Lambries, boards should strictly follow the prepared agenda and not make changes to it during a meeting. In cases where it is absolutely necessary to make a change, such as when an emergency or urgent situation arises, any agenda change should be made prior to the meeting and should be posted promptly.

Local district action required: Boards will need to revise any policy language regarding agendas that implies that substantive changes may be made to the agenda during the meeting. Rules regarding altering the order of the agenda are not impacted by the Lambries v. Saluda County Council decision.

Policy reference: BEBD (Board Agenda); BEDA (Board Meeting Notification).

Model policy follows this section.

Teacher contract non-renewal; board hearing

In this case arising from a hearing on whether to renew a teacher’s employment contract, the S.C. Supreme Court reversed the Charleston County School Board’s decision not to renew the contract. Because a quorum of the board did not make a meaningful review of the evidence and testimony presented at the dismissal hearing, the procedure violated the teacher’s due process rights. The Court remanded the case for proceedings that are consistent with statutory and constitutional prescriptions.

In Young v. Charleston County School District, during Young's six-year tenure as a fifth-grade teacher at a Charleston County elementary school, she received multiple warnings and feedback about inappropriate conduct and poor judgment with students, and her failure to provide instruction in a satisfactory manner. On May 14, 2009, the district's associate superintendent recommended the board not renew Young's teaching contract. Young made a timely request for a hearing before the board concerning the recommendation. The board delegated the hearing function to a three-member committee comprised of board members. The committee convened for a hearing on the renewal recommendation on June 22 and 25, 2009. Young was represented by counsel at this hearing and testified before the three-member panel. Following the hearing, the panel voted to uphold the recommendation of non-renewal by a 2-1 vote. On July 7, 2009, the committee reported to a quorum of the board during a special telephonic executive session held for the express purpose of deciding whether to renew two teaching contracts, one of which was Young's contract. She was not present at this meeting. The board did not have the opportunity to review the hearing transcript as it was prepared after the board issued its written order dismissing Young from her position. At the end of the executive session, the board reconvened in open session and voted to accept the committee's recommendation not to renew Young's contract by a 4-3 vote.

On August 3, 2009, the board issued a formal, written decision, finding the school submitted substantial evidence that Young incompetently provided instruction to her students, failed to obey a district directive and order of her supervisor, acted unprofessionally in carrying out her job duties and was unfit for her position. Consequently, the board decided not to renew her teaching contract for the 2009-2010 school year. Young filed a timely appeal to the circuit court, and the circuit court affirmed the board's decision.

In reversing the district court and remanding the case for further proceedings, the Supreme Court found, without reaching the delegation issue, that at a minimum, a quorum of the board must engage in a meaningful review of the evidence and testimony presented at the dismissal hearing. This did not occur in this case, it said.

Citing a state law that establishes delegation authority to school boards, the Court noted that this section requires those persons designated to conduct a hearing "to make a report on this hearing to the board for its determination." S.C. Code Ann. 59-19-110 (2004) (emphasis added). The Court said that the record in this case did not show any evidence that such a report was made to a quorum of the board. "What is clear to this Court is that a meaningful review … could not have taken place.”

The Court noted that in this case the hearing transcript was not available at the July 7, 2009 specially-called telephonic board meeting, and that Young was provided notice of the meeting just 15 minutes before it took place which, the Court found, was insufficient to allow her to be present and, importantly, to be represented by counsel before the full board. Further, minutes from the meeting do not reflect that the hearing committee provided the board a "report," as required by law. Rather, the minutes state that the board merely "approved the recommendation of the hearing committee to uphold the non-renewal" of Young’s contract. Without a transcript to recount the evidence, and without the presence of Young or her attorney to represent her interest, the board "could not have properly considered the evidence," the Court said.

The Court stated, "[W]e find that a meaningful review requires some showing that the Board made an informed decision based on the evidence presented by both parties. Anything less deprives school district employees the rights afforded them under TEDA (Teacher Employment and Dismissal Act) to have a dismissal or non-renewal recommendation adjudicated by the Board."

The due process requirements of the Teacher Employment and Dismissal Act require that, upon request, a teacher in a dismissal or suspension situation receive a hearing before the board. Some boards, pursuant to statutory authority, delegate this hearing authority to a subcommittee of the board. Although it did not address a board’s delegation authority, the Young case serves as a reminder of what ultimately is the responsibility of the board in providing a meaningful review under the TEDA.

Local district action required: SCSBA does not recommend specific policy changes based on the Young case.

Policy reference: GCQF (Discipline, Suspension and Dismissal of Professional Staff)

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Policy

BOARD AGENDA

Code BEDB Issued MODEL/12

Purpose: To establish the basic structure for board preparation of and adherence to its meeting agenda.

The superintendent, in cooperation with the board chairman, will prepare the agenda for the regular meetings. The agenda will include references to the board's policies, where appropriate.

Items of business may be suggested by board members and/or staff members. The superintendent and board chairman may decide whether or not to include those items. The final agenda must be approved by the board. If approved, the agenda will allow time for the remarks of persons who have requested to appear before the board.

The board will follow the order of business set by the agenda, unless the order is altered by a majority vote of the members present. Items of business not on the agenda in general should not be added to the agenda and acted upon by the board; however, items of an emergency or urgent nature may be considered pursuant to the South Carolina Freedom of Information Act.

Materials distributed to the board which reflect staff recommendations in their final form are open to the public unless exempt from disclosure by law or are of a personal nature such that public disclosure thereof would constitute unreasonable invasion of personal privacy.

Adopted ^

Legal references:

A. S.C. Code, 1976, as amended:

1. Section 30-4-80 -Notice of meetings of public bodies; posting of agendas.

C. Court decision:

1. Lambries v. Saluda County Council, 728 S.E.2d 488 (S.C. Court App. 2012)

LOCAL LAW REPORT

Below is an alphabetized list of local laws passed this session. Please check the legislative web site at for the most recent status and for more details of each bill or contact Scott Price at SCSBA.

H.4722 Abbeville County School District, reapportion election districts, effective March 13.

S.1492 Anderson School Districts Two and Five, attendance options for residents whose properties bisect both Anderson school districts, effective June 7.

S.1412 Berkeley County School District, reapportion election districts, effective May 14.

H.5315 Charleston County School District, waiver from makeup requirement for missed school days, effective June 21.

S.1413 Cherokee County School District, reapportion election districts, effective May 14.

S.1337 Florence County School District One, reapportion of election districts, effective April 2.

S.1298 Florence County School District Three, revise district budget review and adoption process, effective April 2.

S.1206 Greenville County School District, reapportion election districts, effective March 13.

H.4886 Greenville County School District, exempt from makeup requirement for missed school day, effective June 21.

S.0321 Greenwood County School District 50, filing notices of candidacy for election, effective April 2.

H.4632 Marion County School District, district consolidation, effective April 23.

H.5167 Saluda County School District, reapportion election districts, effective June 7.

S.1384 York County School District One, reapportion election districts, effective May 14.

S.1460 York County School District Four (Fort Mill), expiration date of terms and election date change, effective May 14.

REGULATIONS

Effective date: see table

Summary: During the 2012 legislative session, ten state board of education regulations were amended (three of theses were drafted to comply with federal law and were thus exempt from General Assembly review). 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 model policies and administrative rules, if needed, based on comparisons of policy language and regulation changes. A table outlining the status of all final regulations follows this discussion.

The information below is arranged numerically by state board regulation number. Beneath the policy reference is a brief discussion of the regulation and any action SCSBA has taken based on these regulations.

If a local policy or administrative rule appears to be in conflict with the regulation as amended, you should consider updating either one or both.

For the full text of a regulation, visit the South Carolina Department of Education website at ed.. Click on Agency, State Board and the appropriate regulations chart dealing with the 2011-12 regulations. Click on the regulation or the document number. You will be able to view the document or print it in its entirety.

Regulation 43-53 - Credential Classification (Document No. 4206)

Policy reference: N/A

Minor amendments to this regulation updated language regarding contract levels and educator evaluations. A major addition, however, was the creation of a new type of certificate, the Limited Professional Certificate, to provide an advanced, renewable certificate for eligible educators employed in non-regulated school settings.

SCSBA action: No policy action is required.

Regulation 43-62 - Requirements for Additional Areas of Certification (Document No. 4207)

Policy reference: N/A

This regulation contains requirements for individuals who desire to add areas of certification to an existing certificate. It was amended again this year to create a new optional endorsement and add-on certification in Teaching Children of Poverty that is intended to enhance the skills of educators who work with children and youths who live in poverty.

SCSBA action: No policy action is required.

Regulation 43-237.1 - Adult Education Program (Document No. 4199)

Policy reference: IHD (Adult Education).

Changes to this regulation correct the office name, eliminate the section on workplace trainers and revise funding guidelines for school districts.

SCSBA action: No policy action is required.

Regulation 43-243 - Special Education, Education of Students with Disabilities (Document No. 4202)

Policy reference: IHBA (Special Education/Programs for Disabled Students)

Per the South Carolina Department of Education synopsis, the current regulation specified December 1 as the date of the annual child count; however, federal regulations allow for the child count to be taken any time between October 1 and December 1. This range allows for an earlier child count to provide information to the General Assembly regarding fiscal support and to collect, analyze, correct and report child count information to the U. S. Department of Education. Amendments were necessary to establish consistency in all documents regarding the age range for a FAPE. The amendments to the state board regulation are also needed to align the disability categories with the categories included in the revisions to Regulation 43-243.1. This regulation did not require review by the General Assembly. Districts need to be aware of these changes as they implement their special education programs.

SCSBA action: No policy action is required.

Regulation 43-243.1 - Criteria for Entry into Programs of Special Education for Students with Disabilities (Document No. 4190)

Policy reference: IHBA (Special Education/Programs for Disabled Students)

Amendments to this regulation align state rules, regulations and policies relating to the education of students with disabilities to the purposes and requirements of the Individuals with Disabilities Education Improvement Act of 2004 Regulation 34 CFR Parts 300 and 301 as amended August 28, 2009. This regulation did not require review by the General Assembly. Districts need to be aware of these changes as they implement their special education programs.

SCSBA action: No policy action is required.

Regulation 262.4 - End-of-Course Tests (Document No. 4200)

Policy references: ILB (Test/Assessment Administration); ILBB (State Program Assessments)

Parental input drove the amendments to this state board regulation. Under the changes, students who have successfully completed a gateway course and then take a course based on the same academic standards will not be required to take the same subject end-of-course test a second time.

SCSBA action: No policy action is required.

Regulation 274.1 - At-Risk Students (Document No. 4208)

Policy reference: IHBC (Programs for At-Risk/Disadvantaged Students)

Changes to this regulation were to update terminology related to the title of the department and the names of the statewide student information system and assessment test.

SCSBA action: Minor editorial changes have been made to the model to update the terminology. SCSBA will make changes to district policies as appropriate.

Regulation 43-601 - Procedures and Review of Charter School Application (Document No. 4209)

Policy reference: IHBH (Charter Schools)

This regulation sets forth the standards for the review of charter school applications and was amended to clarify the requirement that for charter schools that receive federal charter school grant funds, student academic performance must be the most important factor in the renewal or revocation of a charter. Authorizers must use increases in student academic achievement for all students described in ESEA as the most important factor when determining a school’s charter status.

SCSBA: No policy action is required.

2012 STATE REGULATIONS STATUS TABLE

| |Reg. No. 43 -|Doc. |Title |Action |Effective date |

| | |No. | | | |

|1. |53 |4206 |Credential Classification |Amend |Effective date |

| | | | | |5/25/12 |

|2. |62 |4207 |Requirements for Additional Areas of Certification |Amend |Effective date |

| | | | | |5/25/12 |

|3. |237.1 |4199 |Adult Education Program |Amend |Effective date |

| | | | | |6/22/12 |

|4. |243 |4202 |Special Education, Education of Students with Disabilities |Amend |Effective date |

| | | | | |11/25/11 |

|5. |243.1 |4190 |Criteria for Entry into Programs of Special Education for |Amend |Effective date 9/23/11 |

| | | |Students with Disabilities | | |

|6. |262.4 |4200 |End-of-Course Tests |Amend |Effective date |

| | | | | |4/27/12 |

|7. |274.1 |4208 |At-Risk Students |Amend |Effective date |

| | | | | |4/27/12 |

|8. |601 |4209 |Procedures and Review of Charter School Application |Amend |Effective date |

| | | | | |12/23/11 |

Source: South Carolina Department of Education, 2012.

TEMPORARY PROVISOS

Effective date: July 18, 2012

Summary: There were several new Part 1B 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 a non-exhaustive list of new provisos and continuing provisos that were amended by the General Assembly. A complete listing of provisos can be found at the State House web site at .

There are no policy implications for these temporary provisos.

EFA formula/base student cost inflation factor (1.3)

This continuing proviso is where the established base student cost and inflation factor are set each year. The proviso was modified this year to remove a listing of projected per pupil funding for each school district that was added in Fiscal Year 2007-08. Instead, the State Budget and Control Board must post this projected information and, as soon as it becomes available, the actual revenues per pupil on its website.

1.3. (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 one hundred 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 $2,012. In Fiscal Year 2012-13, the total pupil count is projected to be 693,431. The average per pupil funding is projected to be $4,981 state, $1,278 federal, and $5,511 local. This is an average total funding level of $11,770 excluding revenues of local bond issues. For Fiscal Year 2012-13 the South Carolina Public Charter School District shall receive and distribute state EFA funds to the charter school as determined by one hundred percent of the current year's base student cost, as funded by the General Assembly multiplied by the weighted students pupils enrolled in the charter school, which must be subject to adjustment for student attendance.

     The Budget and Control Board, Office of Research and Statistics, must post in a prominent place on their website for each school district projections, including the per pupil state, federal and local revenues, excluding revenues of local bond issues, for the current fiscal year. Also, as soon as practicable, upon determining the exact numbers regarding pupil count and funding, the Budget and Control Board, Office of Research and Statistics, shall also post on their website the 135-day average daily membership for each school district and per pupil state, federal and local revenues, excluding revenues of local bond issues, based on the most recent audited financial statement as reported annually pursuant to Section 59-17-100. The Department of Education and the Education Oversight Committee shall provide in a prominent place on their internet websites a link to the information posted by the Budget and Control Board, Office of Research and Statistics, including the projected numbers and the exact numbers.

Defined program personnel requirements (1.19 and 1A.14)

This proviso was amended to, among other things, allow administrative positions to be filled by a person receiving a W-2 from the hiring school district or for a charter school to hire a person employed by an entity under contract with the school district. If a charter school fills the position with a person who does not receive a W-2 from the hiring school district, that individual’s total compensation cannot exceed the salary of the highest paid person in a similar position at a school district that is the same or lesser size as the charter school. And if total compensation exceeds that amount, the school’s EFA and/or EIA allocations will be reduced by the amount the compensation was exceeded.

1.19. (SDE: Defined Program Personnel Requirements) Administrative positions requiring State Board of Education teacher or administrator certification may be filled either by an individual receiving a W-2 from the hiring school district, or in the case of a charter school authorized under title 59, Chapter 49, an individual employed by an entity under contract with the school district may fill such a position. However, if such a position in a charter school is filled by an individual that does not receive a W-2 from the hiring school district, the total compensation for the individual shall not exceed the total compensation of the highest paid individual in a similar position at a school district of the same or lesser size of the charter school in the state of South Carolina. If such total compensation does exceed that amount, the school's EFA and/or EIA allocation shall be reduced by the amount which such compensation exceeds that amount specified in the previous sentence. Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.

Basic skill exam (1.24)

This proviso was deleted this year as being a violation of Senate rules against using a temporary proviso to enact permanent changes to state law.

1.24. (SDE: Basic Skill Exam) Any person seeking candidacy in an undergraduate teacher education program is required to take and pass the teacher candidate basic skill examination pursuant to Sections 59-26-20 and 59-26-40. Any person who fails to achieve a passing score on all sections shall be allowed to retake the test or a portion thereof. All sections of the teacher candidate basic skill examination must be passed before any person is formally admitted into any undergraduate teacher preparation program in South Carolina. However, any person having attained 1650 or better on the SAT or a comparable ACT score shall be exempt from this requirement.

Sale of school district property (1.33)

This long-standing proviso was deleted this year by the Senate Finance Committee as being a violation of Senate rules against using a temporary proviso to enact permanent changes to state law.

1.33. (SDE: Sale of School District Property) Notwithstanding Section 59-19-250 of the 1976 Code, during the current fiscal year, school trustees of a school district which do not currently have the authority to do so, may sell or lease school property, real or personal, in their school district whenever they deem it expedient to do so and apply the proceeds of the sale or lease to the school fund of the district.

School districts and special schools flexibility (1.38 and 1A.21)

This proviso was amended this year to require that 75 percent of school revenues must be directed at In$ite-recognized instructional expenditures. A provision under the transaction register requirements of this proviso relating to the state comptroller general providing resources to districts to cover related costs was deleted. Changes also deleted the requirement that writing assessments in grades 3, 4, 6 and 7 be suspended and deleted the option to suspend textbook purchases. Further, it directs that savings generated from suspending assessments must be allocated based on “weighted pupil units” rather than on the EFA formula.

1.38 (SDE: School Districts and Special Schools Flexibility) Due to the length of this proviso, see for the entire proviso.

School district furlough (1.43)

This proviso was amended this year to include a restriction that districts may only furlough employees in the event of a mid-year state budget reduction in funds to districts.

1.43. (SDE: School District Furlough) Should there be a midyear reduction in state funding to the districts, school districts may institute employee furlough programs for district-level and school-level professional staff. Before any of these employees may be furloughed, the chairman of the governing body of the school district must certify that all fund flexibility provided by the General Assembly has been utilized by the district and that the furlough is necessary to avoid a year-end deficit and a reduction in force. The certification must include a detailed report by the superintendent of the specific action taken by the district to avoid a year-end deficit. The certification and report must be in writing and delivered to the State Superintendent of Education and a copy must be forwarded to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.

     The local school district board of trustees may implement a furlough of personnel once certification to the State Superintendent documents all funding flexibility has been exhausted and continued year-end deficits exist. Local school boards of trustees shall have the authority to authorize furloughs of these employees in the manner in which it sees fit. However, instructional personnel may be furloughed for up to five non-instructional days if not prohibited by an applicable employment contract with the district and provided district administrators are furloughed for twice the number of days. District administrators may only be furloughed on non-instructional days and may not be furloughed for a period exceeding ten days. District administrators shall be defined by the Department of Education using the Professional Certified Staff (PCS) System. For individuals not coded in PCS, the determination shall be made based upon whether the individual performs the functions outlined in position codes identified by the department as administration. Educators who would have received a year's experience credit had a furlough not been implemented, shall not have their experience credit negatively impacted because of a furlough implementation.

     During any furlough, affected employees shall be entitled to participate in the same benefits as otherwise available to them except for receiving their salaries. As to those benefits that require employer and employee contributions, including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program, the district will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision does not constitute a grievance or appeal under any employee grievance procedure. The district may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.

     Each local school district must prominently post on the district's internet website and make available for public viewing and downloading the most recent version of the school district's policy manual and administrative rule manual.

     This proviso shall not abrogate the terms of any contract between any school district and its employees.

Residential treatment facilities student enrollment and funding (1.61)

This proviso was amended this year to allow a student referred to a residential treatment facility (RTF) to be enrolled in a virtual education program through the state Department of Education, local school district or an authorized virtual charter school. It also establishes a timeframe for resident school districts to provide reimbursement to facility school districts for students enrolled in RTFs, as well as for dispute resolution.

1.61. (SDE: Residential Treatment Facilities Student Enrollment and Funding) Due to the length of this proviso, see for the entire proviso.

Administrative costs report posting (1.68)

This proviso was amended to say that the administrative costs to be reported are those as defined by In$ite in the prior fiscal year. It requires districts to provide an electronic copy of the report to SCDE in conjunction with the financial audit reports they are required to submit to the department, and authorizes the department to withhold a percentage of the district’s EFA funds if the district does not comply within 60 days.

1.68. (SDE: Administrative Costs Report Posting) School districts must report the amount of funds spent on administrative costs, as defined by In$ite in the prior fiscal year and post the report on the district’s website. School districts shall provide an electronic copy of this report to the Department of Education in conjunction with the financial audit report required by Section 59-17-100, of the 1976 Code. If a district fails to meet these requirements, they must be notified in writing by the department that the district has 60 days to comply with the reporting requirement. If the district does not report within 60 days, the department is authorized to reduce the district's base student cost by one percent until such time as the requirement is met. Once in compliance, any funds withheld will be returned to the district.

Education foundation supplement (1.80)

This proviso, which established and distributed hold harmless funds for districts due to changes in the calculation of the Index of Taxpaying Ability, was deleted this year.

1.80. (SDE: Education Foundation Supplement) Funds appropriated in the Education Foundation Supplement are to be distributed to public school districts which would in the current fiscal year recognize a loss in State financial requirement of the foundation program by utilizing an Index of Taxpaying Ability which imputes the assessed value of owner occupied property compared to the State financial requirement of same Index of Taxpaying Ability as utilized in the prior fiscal year. Funds in the Education Foundation Supplement must be distributed to the school districts receiving a loss, in an amount equal to the amount of the loss. This supplement shall not require a local financial requirement.

School enrollment policy (1.93)

This new proviso was added on the House floor and would require districts, under certain circumstances, to accept out-of-district students and their siblings at academic magnet schools.

1.93. (SDE: School Enrollment Policy) For Fiscal Year 2012-13, any school district with an open enrollment policy for all schools or certain schools which had previously accepted certain students residing outside of the district to an academic magnet school in the district must continue to accept these students and their siblings for enrollment at the academic magnet school under the same terms and conditions these students were previously permitted to attend the school.

National Board Certification Incentive (1A.13)

This proviso, which provided guidelines for the National Board Certification Incentive for public school classroom teachers and established the $7,500 state supplement for National Board Certification was deleted this year as being a violation of Senate rules against making permanent changes in law through temporary provisos. Changes to this proviso in 2010, among other things, stipulated procedures for teachers who had attained or completed the application process for National Board Certification prior to July 1, 2010. These teachers will continue to receive a $7,500 supplement and will continue to be eligible for the application loan and repayment procedures.

Companion provisos 1A.39 and 1A.65 (see below), deal with applicants certified by the National Board or who completed the application process on or after July 1, 2010, as well as guidelines for implementing the program.

1A.13. (SDE-EIA: National Board Certification Incentive) Due to the length of this proviso, see for the entire proviso.

Teacher supplies (1A.16)

This long-standing proviso was changed this year to delete language allowing districts to withhold teacher supply funds and apply them to decrease furloughs or protect teaching jobs.

1A.16. (SDE-EIA: XII.C.2-Teacher Supplies) Due to the length of this proviso, see for the entire proviso.

Certified staff technology proficiency (1A.28)

This proviso was amended this year to apply to all certified personnel.

1A.28. (SDE-EIA: XII-E.2.- Certified Staff Technology Proficiency) To ensure the effective and efficient use of the funding provided by the General Assembly in Part IA, Section 1 XII.E.2 for school technology in the classroom and internet access, the State Department of Education shall approve district technology plans that specifically address and incorporate certified staff technology competency standards and local school districts must require certified staff to demonstrate proficiency in these standards as part of each certified staff's Professional Development plan. The Department of Education's professional development tracking, prescriptive and electronic portfolio system for certified staff is the preferred method for demonstrating technology proficiency as this system is aligned to the International Society for Technology in Education (ISTE) teacher standards. Evidence that districts are meeting the requirement is a prerequisite to expenditure of a district's technology funds.

Incentive for National Board Certification after 6/30/10 (1A.39)

This proviso, which provides for the National Board Certification Incentive for teachers certified by the National Board or who completed the application process on or after July 1, 2010, was amended this year to delete authorization for a $7,500 salary supplement to be paid, beginning with 2009 applicants for those public school classroom teachers who were certified or completed the application process prior to July 1, 2010.

1A.39. (SDE-EIA: Incentive for National Board Certification after 6/30/10) Public school classroom teachers to include teachers employed at the special schools or classroom teachers who work with classroom teachers to include teachers employed at the special schools who are certified by the State Board of Education and who complete the application process on or after July 1, 2010 shall be paid a $5,000 salary supplement in the year of achieving certification. The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1. The $5,000 salary supplement shall be added to the annual pay of the teacher, not to exceed ten years of the national certificate. However, the $5,000 supplement shall be adjusted on a pro rata basis for the teacher's FTE and paid to the teacher in accordance with the district's payroll procedure. The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall administer whereby teachers who are United States citizens or permanent resident aliens apply to the National Board for Professional Teaching Standards for certification on or after July 1, 2010. Should the program not be suspended, up to nine hundred applications shall be processed annually. Of the funds appropriated in Part IA, Section 1, XII.C.2. for National Board Certification, the Department of Education shall transfer to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the administration of teachers applying to the National Board for Professional Teaching Standards for certification.

Carry forward (1A.44)

This standing proviso was amended this year to require that EIA funds carried forward from the prior fiscal year and FY 2012-13 that are not otherwise dedicated be used to provide $200,000 to each school designated as a Palmetto Priority School in the prior year which did not receive EIA technical assistance funds and, further, directs that the funds are to be used to improve teacher recruitment and retention, to reduce the dropout rate, to improve reading literacy, or to train teachers to teach children of poverty. If there are not enough funds to provide $200,000 to each school, the funds must be reduced on a pro-rata basis. Any remaining balance must be directed to school bus fuel costs.

1A.44. (SDE-EIA: Carry Forward) EIA carry forward from the prior fiscal year and Fiscal Year 2012-13 and not otherwise appropriated or authorized must be carried forward and expended to provide $200,000 to each school that was designated by the department as a Palmetto Priority School in the prior year but did not receive an allocation of EIA technical assistance funds in the prior fiscal year to improve teacher recruitment and retention, to reduce the district's dropout rate, to improve student achievement in reading/literacy, or to train teachers in how to teach children of poverty as stipulated in the school's renewal plan. If funds are not sufficient to provide $200,000 to each qualifying district, the $200,000 shall be reduced on a pro-rata basis. Any balance remaining must be expended for school bus fuel costs. Any unexpended funds must be carried forward and expended for the same purpose.

Building fund flexibility (1A.49)

This proviso, which authorized school districts to flex School Building Aid Program funds in FY 2011-12, was deleted as being a violation of Senate rules against making permanent changes in law through temporary provisos. It was reinstated, however, in new proviso 1A.66 (see below).

1A.49. (SDE-EIA: Building Fund Flexibility) For Fiscal Year 2011-12, a school district may flex funds appropriated pursuant to the School Building Aid Program.

Teacher salaries/SE average (1A.56)

This new proviso replaced the old proviso (1A.6) on paying teachers on the Southeastern average salary scale and added further language requiring a two percent salary raise as well as a step increase and included a waiver process for the step increase. Although a lengthy proviso, the full text is posted below.

1A.56. (SDE-EIA: XI.C.2.-Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the average of the average teachers' salaries of the southeastern states as projected by the Division of Budget and Analyses. For the current school year, the Southeastern average teacher salary is projected to be $49,319. The General Assembly remains desirous of raising the average teacher salary in South Carolina through incremental increases over the next few years so as to make such equivalent to the national average teacher salary.

     For Fiscal Year 2012-13, the Department of Education is directed to increase the 2008-2009 statewide salary schedule by two percent. A local school district board of trustees must provide all certified teachers paid on the teacher salary schedule a two percent salary increase. Districts are to provide this increase using the district salary schedule utilized the prior fiscal year as its base. School districts shall utilize the additional funds made available from the Teacher Salary Support - State Share appropriation to provide the required two percent increase. Each school district shall receive funds under the Teacher Salary Support - State Share line item in the same manner as Teacher Salaries Supplement funds are distributed.

     Additionally, for the current fiscal year, a local school district board of trustees must increase the salary compensation for all eligible certified teachers employed by the district by no less than one year of experience credit using the district salary schedule utilized the prior fiscal year as the basis for providing the step. Application of this provision must be applied uniformly for all eligible certified teachers. If a school district believes it will be unable to provide the required additional step without incurring a deficit, it may apply to the State Board of Education for a waiver from this requirement. Upon approval of the waiver requirement by the Board, the district shall be exempt from providing this step increase for Fiscal Year 2012-2013. Certified teachers employed in districts that are granted a waiver shall not have their experience credit negatively impacted as a result of the district being granted a waiver. A local school district shall continue to pay teachers for changes in their education level. A school district shall not be granted a waiver from providing a step if the incurred deficit is a result of granting salary increases to employees beyond those paid on the teacher salary schedule. The State Board of Education shall report to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee by September 1, 2012, regarding those districts which requested a waiver and the subsequent action taken by the Board.

     Funds appropriated in Part IA, Section 1, XI.C.2. for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant to Section 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the state.

     For purposes of this provision, teachers shall be defined by the Department of Education using the Professional Certified Staff (PCS) System.

Assisting, Developing and Evaluating Professional Teaching - ADEPT (1A.59)

This new proviso was added to allow school districts to continue implementing the ADEPT program.

1A.59. (SDE-EIA: Assisting, Developing and Evaluating Professional Teaching -ADEPT) With funds appropriated in the current fiscal year, the Department of Education, school districts, the Department of Juvenile Justice and special schools of the state may continue implementation of the ADEPT program. Governing boards of public institutions of higher education may provide by policy or regulation for a tuition waiver for the tuition for one three-hour course at that institution for those public school teachers who serve as supervisors for full-time students completing education degree requirements. Unexpended funds appropriated for this purpose may be carried forward from the prior fiscal year into the current fiscal year and expended for the same purposes.

National Board Certification Incentive (1A.65)

This new proviso provides guidelines for the National Board Certification Incentive for public school classroom teachers. As noted above, proviso 1A.13 was ruled out of order due to the last paragraph dealing with loan forgiveness for teachers who begin the application process after July 1, 2007 and prior to July 1, 2010. This provision adds the original proviso back in minus that portion.

1A.65. (SDE-EIA: XII.C.2-National Board Certification Incentive) Due to the length of this proviso, see for the entire proviso.

Flexibility (1A.66)

This new proviso was added to authorize school districts to flex School Building Aid Program funds.

1A.66. (SDE-EIA: Flexibility) Funds received by districts from the School Building Aid Program may be flexed in the current fiscal year.

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