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 2013. 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 2013 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 either of the following staff members.

Scott T. Price Duane Cooper

General Counsel Legislative Advocacy Coordinator

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TABLE OF CONTENTS PART ONE

Abandoned Buildings Revitalization Act 3

Charitable Funds Act filings 5

Charter schools 7

Concussions and student athletes .9

Model policy JLCEE (Concussions and Student Athletes) 11

Model administrative rule JLCEE-R (Concussions and Student Athletes) 13

Model exhibit JLCEE-E (Fact Sheet for Parents/Legal Guardians

and Student Athletes) 15

Equal Access to the Ballot Act 17

Expanded Virtual Learning Act 19

Model policy IJNDAA* (Distance, Online and Virtual Education) 21

Model administrative rule IJNDAA* (Distance, Online and Virtual Education) 25

Safe Access to Vital Epinephrine (SAVE) Act 27

PART TWO

Court decisions 29

Use of race-conscious measures for educational benefits 29

Banning Confederate flag and protest t-shirts 30

Assignment of nonresident students 31

Local law report 33

Regulations 35

Buildings and grounds - minimum program for South Carolina school district 35

Buildings and grounds management - fire prevention 35

Buildings and grounds - cleaning program 36

Buildings and grounds - heating and lighting 36

Project plans and specification 36

Facility specifications 36

Assisting, Developing and Evaluating Professional Teaching (ADEPT) system 37

Model policy GCOA (Evaluation of Instructional Staff) 41

Model policy GBC (Staff Compensation) 45

Model policy GCB (Professional Staff Contracts and Compensation) 47

Gifted and talented 37

Model policy IHBB (Gifted and Talented Education) 49

Defined program, grades 9-12 38

Special education, education of students with disabilities 38

Graduation requirements 38

Model administrative rule IKF-R (Graduation Requirements) 51

Transfers and withdrawals 39

Model administrative rule JRA-R (Student Records) 55

Procedures and standards for review of charter school application 39

2013 State Regulations Status Table 63

Temporary provisos 65

ABANDONED BUILDINGS REVITALIZATION ACT

Effective date: June 11, 2013

Summary: In recent years, the General Assembly has adopted a series of tax-incentive laws aimed at giving local governments tools to revitalize certain aspects of their communities. Most recently in 2006 the Retail Facilities Revitalization Act was enacted; prior to that in 2004, the Textiles Communities Revitalization Act was enacted. This year, the Legislature approved the South Carolina Abandoned Buildings Revitalization Act.

The Abandoned Buildings Revitalization Act allows property and income tax credits for revitalization of non-owner occupied abandoned buildings that have been vacant for at least five years after a notice of intent to rehabilitate has been posted. The local government where the notice of intent to rehabilitate has been filed must determine eligibility of the property for any tax credit, hold a hearing and vote on the request by ordinance. Affected local taxing entities - including school districts - must be notified before the public hearing and they may object to the approval of rehabilitation tax credits.

This law, similar to the retail and textiles revitalization laws, allows a school district, as a local taxing entity, to opt out of participation in the tax credit. A school district must file an objection to the proposed tax credit within a specified time period outlined in the law or it will be deemed to have consented to the credit.

The Abandoned Buildings Revitalization Act does not have policy implications for school districts; however, districts should pay close attention to these proposed projects and, in particular, the potential impact on district property tax revenue.

Local district action required: SCSBA is not recommending any policy action relating to this Act.

Policy reference: N/A

Text: The text of this law may be found at . Click on Legislation; Bill, Act or Rat #; and enter A57, R91, or H3093 for the search.

CHARITABLE FUNDS ACT FILINGS

Effective date: June 7, 2013

Summary: The General Assembly took action this year to exempt school districts from burdensome filing requirements under the state’s Solicitation of Charitable Funds Act in relation to the numerous school-related entities that raise funds for students and educational activities.

In the spring of 2012, the South Carolina Secretary of State’s Office notified school districts that it would begin enforcing a section of the Charitable Funds Act that had been in effect since 1994 regarding filing requirements (fees, annual reports, etc.) for charitable fundraising organizations. If enforced, the registration requirements, filing fees and annual reporting would have been onerous and costly for school districts that, in some instances, have numerous such organizations working on behalf of their schools.

Fortunately, the Secretary of State’s Office took significant administrative steps to lessen the burden on school districts by delaying the registration deadline, allowing districts to consolidate filing requirements and fees and, further, actively supporting the changes to the law that were eventually enacted. The Secretary of State recognized that school districts are already required to publish a comprehensive annual financial report which is available to the public. The financial activities of the schools remain transparent and available for public inspection.

Under the new provisions in the law, public school districts and schools are exempt from registration under the Solicitation of Charitable Funds Act, even if they use professional fundraisers (a professional fundraiser must comply on its own with registration requirements). The definition of “public school” in the new law includes any student organization within the school that does not maintain separate financial accounts or a separate federal Employer’s Identification Number and whose fundraising revenues are deposited in the school’s student activity fund.

This year’s changes to the Solicitation of Charitable Funds Act do not require any changes or additions to local board policies.

Local district action required: SCSBA is not recommending any policy changes based on amendments to the Solicitation of Charitable Funds Act.

Policy reference: N/A

Text: The text of this law may be found at . Click on Legislation; Bill, Act or Rat #; and enter A43, R50, or S250 for the search.

CHARTER SCHOOLS

Effective date: See below

Summary: In what may seem to be an almost annual event, the General Assembly enacted two pieces of legislation this year to modify certain aspects of the state’s Charter School Act of 1996. Recall that only this past year, the Legislature made significant changes to the charter laws and further sweeping changes await lawmakers’ return in the new year.

Enrollment priority; charter schools on military bases

Measures were adopted this year by the General Assembly to require enrollment preferences to certain students. The Charter School Act was amended to require charter schools to give enrollment preference to students who were enrolled in the charter school the previous school year, and to preclude them from participation in any lottery for admission. Finally, a provision was added to the Charter School Act to allow enrollment preferences for dependents of military personnel at charter schools located on federal military bases and for which buildings, facilities and grounds have been made available for the charter school’s principal location.

This provision was effective May 21, 2013.

Text: The text of this law may be found at . Click on Legislation; Bill, Act or Rat #; and enter A29, R40, or H3087 for the search.

Private and special school conversion to charter school

Current state law requires that a private school converting to a public charter school must first dissolve and may not open as a charter for a period of 12 months. This year, this statutory section was modified to exempt a private school from the 12-month waiting period if its student population for the most recent school year before conversion reflects the racial composition of the local school district in which it is located. Statutory provisions regarding racial composition requirements, however, will continue to apply so that a charter sponsor may monitor whether or not a charter is operating in a nondiscriminatory manner.

Finally, a new section was added to the Charter School Act to allow for a special public school that is funded directly by the state to become a charter school under specific circumstances, and not be considered a converted charter school. This provision is narrowly written to apply to a teacher education program at South Carolina State University.

This provision was effective June 12, 2013, and applies beginning with the 2013-2014 school year for any special public school that applies to become a charter school by May 1, 2013.

Text: The text of this law may be found at . Click on Legislation; Bill, Act or Rat #; and enter A59, R99, or H3472 for the search.

Local district action required: SCSBA is not recommending any policy action relating to these changes to the state Charter School Act.

For additional information related to charter schools, see a discussion of amendments to R43-601 Procedures and Standards for Review of Charter School Applications on page 39.

Policy reference: IHBH (Charter Schools).

CONCUSSIONS AND STUDENT ATHLETES

Effective date: June 7, 2013

Summary: Concussions have drawn more scrutiny in recent years as studies have detailed an increase in the diagnosis of traumatic brain injuries among all athletes, from the National Football League to high school players. Legislation enacted this year by the South Carolina General Assembly will require school districts to adopt a policy and guidelines and follow specific procedures for dealing with student athletes who suffer from a concussion.

Under the new law, the South Carolina Department of Health and Environmental Control (DHEC) and the South Carolina Department of Education (SCDE) must collaborate to create specific concussion guidelines and procedures, including model policies, for schools to follow regarding the identification, management and return to play of student athletes (defined to include cheerleaders) with suspected concussions. These are to be posted on the DHEC website.

School districts must develop a policy, guidelines and procedures based on the models posted by DHEC and SCDE.

In addition, each year before participation in athletics, school districts must provide to all coaches, volunteers, student athletes and parents/legal guardians a handout detailing the nature and risk of concussion and brain injury, including the risks associated with continuing to play after a concussion or brain injury. A parent/legal guardian’s receipt of the handout must be documented in writing or electronically before the student athlete may participate in a competition or even practice.

The three-fold focus of the new concussion law is as follows.

• Education - As noted above, districts annually must make available to all coaches, volunteers, student athletes and parents/legal guardians information on concussions.

• Removal - Coaches, athletic trainers, game officials or physicians have a responsibility to immediately remove a student athlete if there is a suspicion that he/she has sustained a concussion or brain injury during practice or competition.

• Return to play - A student athlete may return to play if, as a result of an onsite evaluation by an athletic trainer, physician, physician assistant or nurse practitioner, a determination is made that the student athlete does not have any signs or symptoms of a concussion or brain injury. A student athlete who has been removed from play and is suspected of having a concussion or brain injury may not return until he/she receives a written medical clearance by a physician.

The new law provides immunity from civil liability to athletic trainers, physicians, physician assistants or nurse practitioners who evaluate the student athlete during a practice or athletic competition and authorize the student athlete to return to play, unless there is evidence of gross negligence or certain levels of misconduct in making the authorization.

The model guidelines and procedures from the Department of Health and Environmental Control may be found at the following Internet address.



Local district action required: SCSBA recommends that districts adopt a policy, administrative rule and exhibit dealing with the issue of concussions and student athletes.

Policy reference: JLCEE (Concussions and Student Athletes).

Model policy, administrative rule and exhibit follow text of law.

Text: The text of this law may be found at . Click on Legislation; Bill, Act or Rat #; and enter A33, R65, or H3061 for the search.

Policy

CONCUSSIONS AND STUDENT ATHLETES

Code JLCEE Issued MODEL/13

Purpose: To establish the basic structure for the identification, management and return to play of student athletes with suspected concussions.

The board recognizes that concussions may be serious and potentially life threatening and that such injury may result in serious consequences later in life if managed improperly. The board is committed to practices that reduce the potential for short-term or long-term effects from such injuries.

Recognition and management

If a coach, athletic trainer, game official or physician suspects that a student athlete under their control has sustained a concussion or brain injury in a practice or in an athletic competition, the student athlete must be removed from practice or competition at that time.

A student athlete who has been removed from play may return to play if, as a result of evaluating the student athlete on site, the athletic trainer, physician, physician assistant (pursuant to scope of practice guidelines) or nurse practitioner (pursuant to a written protocol) determines in his/her best professional judgment that the student athlete does not have any signs or symptoms of a concussion or brain injury.

A student athlete who has been removed from play and evaluated and who is suspected of having a concussion or brain injury may not return to play until he/she has received written medical clearance by a physician.

Teacher notification

A concussion can interfere with school, work, sleep and social interactions. Many athletes who have a concussion will have difficulty in school with short and long-term memory, concentration and organization. Teaching staff should be made aware of a concussed student in order to provide an appropriate learning plan until symptoms clear. The **** (insert appropriate individual here such as coach, athletic trainer or athletic director) will be responsible for notifying teachers of the presence of a concussed athlete in the classroom.

Concussion management plan

The district will utilize guidelines and procedures developed by the South Carolina Department of Health and Environmental Control and the South Carolina Department of Education and other pertinent information to develop and implement a comprehensive and practical concussion management plan for identifying and managing sports-related concussions. The district will utilize this plan to inform and educate coaches, student athletes and their parents/legal guardians

of the nature and risk of concussions, including the dangers associated with continuing to play after a concussion.

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Information to parents/legal guardians

The district annually will distribute the concussion information sheet JLCEE-E to all coaches, volunteers, student athletes and their parents/legal guardians. The concussion information sheet will provide information on the nature and risk of concussion and brain injury and on the risks associated with continuing to play after a concussion or brain injury.

The parent/legal guardian’s receipt of the information sheet will be documented in writing or by electronic means before the student athlete is permitted to participate in an athletic competition or practice.

For purposes of this policy, student athlete as defined in state law includes cheerleaders.

Adopted ^

Legal references:

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

1. Section 59-63-75, et seq. - Concussions and student athletes.

Administrative Rule

CONCUSSIONS AND STUDENT ATHLETES

Code JLCEE-R Issued MODEL/13

Definition

As defined by the Centers for Disease Control and Prevention, a concussion is a type of traumatic brain injury caused by a bump, blow or jolt to the head, face or neck that can change the way the brain normally works. Concussions can also occur from a blow to the body that causes the head to move rapidly back and forth. Most concussions occur without loss of consciousness. Proper management is essential to the immediate safety and long-term future of the injured individual. A concussion can be difficult to diagnose, and failing to recognize the signs and symptoms in a timely fashion can have dire consequences.

Signs of concussion

The following signs of a concussion in a student athlete may be observed by a coach, athletic trainer, game official, school/team physician, school nurse or physical therapist.

• appears dazed, stunned or disoriented; demonstrates decreased alertness

• forgets plays or demonstrates short-term memory difficulty

• slurs words

• exhibits difficulties with balance or coordination

• answers questions slowly or inaccurately

• exhibits seizures or vomiting

• changes in level of consciousness

Symptoms of concussion

The following symptoms of a concussion may be reported by the student athlete to a coach, athletic trainer, game official, school/team physician, school nurse or physical therapist.

• headache

• nausea

• balance problems or dizziness

• double vision or changes in vision

PAGE 2 - JLCEE-R - CONCUSSIONS AND STUDENT ATHLETES

• sensitivity to light or sound/noise

• feeling sluggish or foggy

• difficulty with concentration and short-term memory

• sleep disturbance

• irritability or changes in personality and behavior

Concussion management

Evaluation

If a coach, athletic trainer, game official or physician suspects that a student athlete, under the control of the coach, athletic trainer, game official or physician, has sustained a concussion or brain injury in a practice or in an athletic competition, the student athlete will be removed from practice or competition at that time.

• A student athlete displaying signs or symptoms of concussion will be evaluated by a healthcare provider as outlined in state law (physician, athletic trainer, nurse practitioner or physician assistant).

• If no approved healthcare provider is available, the student athlete will not be returned to participation until evaluation by an approved healthcare provider can be conducted.

• A healthcare provider must use a standardized concussion assessment instrument.

Return to play (RTP)

A student athlete who has been removed from play may return to play if, as a result of evaluating the student athlete on site, the athletic trainer, physician, physician assistant (pursuant to scope of practice guidelines) or nurse practitioner (pursuant to a written protocol) determines in his/her best professional judgment that the student athlete does not have any signs or symptoms of a concussion or brain injury.

A student athlete who has been removed from play and evaluated and who is suspected of having a concussion or brain injury may not RTP until the student athlete has received written medical clearance by a physician.

Any student athlete determined to be concussed may not RTP on the same day of injury.

The parent/legal guardian of a student athlete determined to be concussed will be contacted and counseled regarding management of the injury.

A student athlete who has been cleared to RTP must obtain from his/her physician an appropriate graduated RTP protocol as well as any specific instructions concerning classroom work.

Issued ^

FILE: JLCEE-E

CONCUSSIONS AND STUDENT ATHLETES

Fact Sheet for Parents/Legal Guardians and Student Athletes

Note: Parents/Legal guardians and student athletes are required to read and sign this form. Return this form to the appropriate team coach.

WHAT IS A CONCUSSION?

A concussion is a brain injury that is caused by a bump or blow to the head. It can change the way your brain normally works. It can occur during practices or games in any sport. Even a “ding,” “getting your bell rung” or what seems to be a mild bump or blow to the head can be serious. A concussion can happen even if you haven’t been knocked out. You can’t see a concussion. Signs and symptoms of a concussion can show up right after the injury or may not appear or be noticed until days or weeks after the injury. If your child reports any symptoms of concussion, or if you notice the symptoms yourself, seek medical attention right away.

Parent/Legal guardian’s responsibility

If your child has experienced a bump or blow to the head during a game or practice, look for any of the following signs and symptoms of a concussion.

• appears dazed, stunned or disoriented; demonstrates decreased alertness

• experiences short-term memory difficulty

• forgets an instruction

• is unsure of game, score or opponent

• moves clumsily

• answers questions slowly or slurs words

• loses consciousness (even briefly)

• shows behavior or personality changes

• can’t recall events prior to being hit or falling

• can’t recall events after being hit or falling

• experiences seizures or vomiting

Every sport is different, but there are steps your child can take to protect him/herself from concussion.

• Ensure that your son/daughter follows his/her coach’s rules for safety and the rules of the sport.

• Encourage your son/daughter to practice good sportsmanship at all times.

• Make sure he/she wears the right protective equipment for the activity (such as helmets, padding, shin guards, and eye and mouth guards). Protective equipment should fit properly, be well maintained, and be worn consistently and correctly.

• Learn the signs and symptoms of a concussion.

What should a parent/legal guardian do if he/she thinks their child has a concussion?

• Seek medical attention right away. A health care professional will be able to decide how serious the concussion is and when it is safe for your child to return to sports. Notify your child's coach if you think your child has a concussion.

• Keep your child out of play. Concussions take time to heal. Don’t let your child return to play until a health care professional says it’s OK. Children who return to play too soon - while the brain is still healing - risk a greater chance of having a second concussion. Second or later concussions can be very serious. They can cause permanent brain damage, affecting your child for a lifetime.

• Tell your child’s coach about any recent concussion in ANY sport or activity. Your child’s coach may not know about a concussion your child received in another sport or activity unless you tell the coach.

Student athlete

What are the symptoms of a concussion?

• headache or “pressure” in head

• nausea or vomiting

• balance problems or dizziness

• double or blurry vision

• bothered by light

• bothered by noise

• feeling sluggish, hazy, foggy or groggy

• difficulty paying attention

• memory problems

• confusion

• does not “feel right”

What should a student athlete do if he/she thinks they have a concussion?

• Tell your coaches and your parents. Never ignore a bump or blow to the head even if you feel fine. Also, tell your coach if one of your teammates might have a concussion.

• Get a medical checkup. A doctor or health care professional can tell you if you have a concussion and when you are OK to return to play.

• Give yourself time to get better. If you have had a concussion, your brain needs time to heal. While your brain is still healing, you are much more likely to have a second concussion. Second or later concussions can cause damage to your brain. It is important to rest until you get approval from a doctor or health care professional to return to play.

• It is better to miss one game than the whole season.

Student signature: Date:

Parent/Legal guardian signature: Date:

For more detailed information on concussion and traumatic brain injury, visit or ConcussionInYouthSports.

EQUAL ACCESS TO THE BALLOT ACT

Effective date: See below

Summary: In an effort to fix issues which resulted in the removal of dozens of candidates from the 2012 Primary ballot, lawmakers passed the Equal Access to the Ballot Act. The new law prohibits a person defeated as a candidate for nomination to office in a party primary or party convention to appear on the ensuing general or special election ballot unless the primary or convention winner dies, resigns, is disqualified or otherwise ceases to become the party’s nominee for that office before the election is held.

The law also requires the Election Commission to establish a system of electronic filing for all disclosures and reports required by law. In order to qualify as a candidate to run in the general election, both incumbents and challengers seeking nomination by political party primary or party convention must file a Statement of Intention of Candidacy (SIC) and party pledge and submit any filing fees associated with the office between noon on March 16 and noon on March 30. In addition, a person must electronically file a Statement of Economic Interest for the preceding calendar year prior to the closing of filing for the particular office with the state Ethics Commission. An updated Statement of Economic Interest must be filed each year by office holders no later than noon on March 30.

Candidates seeking nomination for a statewide, congressional or district office that includes multiple counties must file their SIC and party pledge and submit fees associated with the State Election Commission. Candidates seeking nomination for the State Senate or House of Representatives must file all documents with their county election commission in the county of their residence. Candidates seeking nomination for countywide or less than countywide office will file their SIC and party pledge and submit fees associated with the county election commission in the county of their residence. Written certification of all names to appear on primary ballots must be made by the political party chairman, other designated party officials, and secretary to the State Election Commission or the county election commission or whichever is responsible under law for preparing the ballot.

Provisions of the law do not apply to nonpartisan school trustee elections in any district where local law provisions provide other dates and procedures for filing statements of candidacy or petitions. Elections for school boards, public service districts and other non-partisan entities are held at various times throughout the two-year election cycle. Election dates and rules vary. Check with your county election commission for specific information related to these elections.

Local district action required: No policy action is required.

Policy reference: N/A

Text: The text of this law may be found at . Click on legislation; Bill, Act or Rat #; and enter A61, R74 or S2 for the search.

EXPANDED VIRTUAL LEARNING ACT

Effective date: June 13, 2013

Summary: The General Assembly took action this year to allow students in grades seven through 12 to take more courses through the South Carolina Virtual School Program.

The original 2007 law enacting the state’s virtual education program was touted by lawmakers as a means to provide students access to distance, online or virtual learning courses offered for an initial unit of credit, for credit recovery, to address scheduling conflicts, and for districts that might otherwise be unable to offer certain courses due to a lack of teachers.

The program is run by the South Carolina Department of Education (SCDE) and is available to public, private and home-school students depending on space availability. In the last school year, this program served nearly 12,500 students, according to department information. Further, while the program is statutorily available to all grades, the state program at present does not offer middle-grades courses; however, seventh and eighth graders may take some courses with the approval of their sponsoring schools.

Initial limits for online credits through the state-run program were set at three in a school year, but no more than 12 such credits throughout high school. This year’s expansion of the virtual education program removes these credit limits. State law continues, however, to bar students from earning a diploma through the virtual education program.

Local district action required: SCSBA is recommending modifications to district policy IJNDAA* (Distance, Online and Virtual Education) and the accompanying administrative rule to reflect the changes in the law removing limits on the number of credit hours students may earn through the state-run program.

Policy reference: IJNDAA* (Distance, Online and Virtual Education).

Model policy and administrative rule follow text of law.

Text: The text of this law may be found at . Click on Legislation; Bill, Act or Rat #; and enter A84, R106 or H3752 for the search.

Policy

DISTANCE, ONLINE AND VIRTUAL EDUCATION

Code IJNDAA* Issued MODEL/13

Purpose: To establish the board’s vision and the basic structure for providing technology-delivered courses as an alternative means of instruction for students.

The district will utilize technology-delivered courses as part of its educational program to increase accessibility and flexibility in the delivery of instruction in the district. In addition to regular, classroom-based instruction, students in the district may earn credit through accredited distance, online or virtual learning courses operated through the district’s program and/or the state-run South Carolina Virtual School Program.

District courses

All technology-delivered programs and courses offered by the district will be consistent with state academic standards and instructional goals of the district, ensuring both the rigor of the course and the quality of instruction. The district will review instructional materials periodically to ensure they meet program standards.

The district will integrate technology-delivered instruction as part of the regular instruction provided by a certified teacher in the district for grades K through 12.

Grades nine through 12

Students in grades nine through 12 may earn a maximum of ***** units of academic credit to be applied toward graduation requirements by completing technology-delivered courses offered through agencies/universities approved by the board.

A student may earn credit for a distance, online or virtual learning course under the following circumstances.

• The high school does not offer the course due to lack of certified personnel.

• The high school does offer the course, but the student is unable to take it due to an unavoidable scheduling conflict.

• The course will serve as a supplement to extended medical homebound instruction.

• The district has expelled the student from the regular school setting, but educational services are to be continued.

• The principal, with agreement from the student’s parent/legal guardian and teachers, determines the student requires a differentiated or accelerated learning environment.

• The student needs the course for credit recovery.

• The student needs the course to meet graduation requirements.

• The student must be enrolled in a school in the district and, if applicable, will take the course during the regular school day at the school site.

PAGE 2 - IJNDAA* - DISTANCE, ONLINE AND VIRTUAL EDUCATION

• Add additional circumstances here.

The school must receive an official record of the final grade before awarding credit toward graduation.

Application for courses

Students applying for permission to take a technology-delivered course must do the following.

• Complete prerequisites and provide teacher/counselor recommendations to confirm that he/she possesses the maturity level needed to function effectively in a distance, online or virtual learning environment.

• Obtain the approval of the principal or his/her designee before enrolling in a technology-delivered course.

• Adhere to the district code of conduct to include rules of behavior, consequences for violations and signed student agreements. (District may want to add consequences to JICDA, Student Behavior Code).

• Adhere to attendance requirements of the district.

District review committee

The superintendent will establish a committee to review all technology-delivered courses prior to use by the district.

Evaluation

The district will evaluate the educational effectiveness of the technology-delivered courses and the teaching/learning process to include assessments based on state academic standards as well as student satisfaction. The district will use this evaluation to decide whether to grant credit for the course or to continue or discontinue the use of the technology-delivered course.

The school will pay the tuition fee for the course for students enrolled full time. The board will pay the fee for students who are permitted to take technology-delivered courses in alternative settings.

Students will have access to sufficient library media resources such as a “virtual library” available through the World Wide Web, laboratory facilities, technical assistance, and hands-on training and information.

The school will be responsible for providing applicable in-school supervision and monitoring of students enrolled in technology-delivered courses.

The district will not use distance, online or virtual education courses as the sole medium for instruction in any required subject area for students in grades K through eight.

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South Carolina Virtual School Program (SCVSP)

This state-run virtual education program offers public, private or home-schooled students access to technology-driven courses. These courses may be offered to district students for an initial unit of credit and for access to credit recovery programs under guidelines established by the state board of education.

The district will transcribe the student’s final numeric grade to the student’s permanent grade and transcript.

Students enrolled in these courses will take final exams and appropriate state assessments in a proctored environment.

Nothing in state law requires the district to provide either home computer equipment or Internet access to a student enrolling in this program.

This virtual education program will not award a South Carolina high school diploma.

Cf. IHBG, IHBH

Adopted ^

Legal references:

A. South Carolina Code of Laws 1976, as amended:

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

Administrative Rule

DISTANCE, ONLINE AND VIRTUAL EDUCATION

Code IJNDAA-R* Issued MODEL/13

South Carolina Virtual School Program (SCVSP)

In order to participate in the South Carolina Virtual School Program, the district or a school will adhere to the following.

Sponsorship criteria

In order to become a sponsor, the district or school must register with the virtual education program by meeting the following requirements.

• Have a program of studies that leads to a diploma.

• Comply with the policies governing online courses established by the SCVSP.

• Identify an individual within the school system who will advise the student regarding the courses he/she will need to earn a diploma.

• Identify an individual within the school system who will assist the student in resolving any technology issues that may arise.

• Identify an individual within the school system who will be responsible for submitting the names of those students who will need to access the student technology proficiency assessment.

Student responsibilities

The student must secure approval to take a specific course from the sponsor.

The student must furnish his/her own computer or have access to one and have Internet access in order to take the virtual education program courses. The district may provide these for the student.

In-school students (in membership in a public school including medical homebound, home-placed and off-campus students, and students enrolled in an adult education program) must have approval from the school principal or his/her designee.

Out-of-school students [those who have not officially withdrawn from a particular school and are entered in the student database as non-funded (includes expelled students)] must have approval from the superintendent. The district must allow credit to be recorded on an out-of-school student’s transcript for a student to be approved to take a virtual education program course.

The student must successfully complete the student technology proficiency assessment in order to enroll in the SCVSP for the first time.

The student must agree to abide by policies and expectations posted on the SCVSP website, as well as indicate a willingness to abide by the acceptable use policy.

PAGE 2 - IJNDAA-R* - DISTANCE, ONLINE AND VIRTUAL EDUCATION

Applications for the program must be completed online. Upon approval, the student must contact his/her instructor within three days of the start of class.

Parental approval for a student to take a course with the SCVSP is required for a student 17 years of age or younger. The parent/legal guardian must also agree that the student will abide by the acceptable use policy.

A student who is taking a course for which an End-of-Course Examination Program (EOCEP) is required must take the test online in the district where the student resides. If an online testing location is unavailable, the district’s test coordinator must find a location in a nearby district.

Sponsor responsibilities

As a registered sponsor, the district or school must do the following.

• Verify that the student is a legal resident of the state of South Carolina before allowing enrollment in the program and retain these residency records for three years.

• Keep sponsor registration information up to date.

• Respond to a student’s request to enroll in a virtual education program course.

• Not approve a student to retake a course through the SCVSP if a unit of credit for that particular course is already recorded in the student’s official transcript.

• Award the numeric grade and unit value to a student enrolled in a virtual education program course by recording it on the student’s transcript in his/her permanent record in the same manner as with any other course the student takes.

• Ensure that the final examination for each course is conducted in a proctored environment.

• Inform the SCVSP when a student is taking a virtual education program course under a district “content recovery” program.

• Report to the SCVSP the reason for a student’s withdrawal from a course at the time the student withdraws.

Issued ^

SAFE ACCESS TO VITAL EPINEPHRINE (SAVE) ACT

Effective date: June 7, 2013

Summary: Awareness has grown nationally over students with undiagnosed allergies to food and insect bites who may not have access to an epinephrine injection if they have an allergic reaction at school. To address this issue, the General Assembly this year enacted a new law entitled the Safe Access to Vital Epinephrine (SAVE) Act. Several other states have enacted similar laws.

This new law, which is not mandatory to districts, allows public and private schools to have their own supply of the medication epinephrine. Districts that opt to participate (per local board decision) must develop protocols for using epinephrine injectors and certain designated personnel or the school nurse must be trained to give the shot. An epinephrine injector, sometimes known by the brand name EpiPen, delivers medication to the bloodstream that can treat acute allergic reactions and stave off anaphylactic shock.

The SAVE Act follows South Carolina’s adoption in 2005 of a law requiring districts to develop individual health care plans (IHP) for students with special health care needs, as well as policies authorizing students to self-monitor and self-administer medications - including the use of epinephrine injectors - under special circumstances.

Under the SAVE Act, physicians, advanced practice registered nurses and/or physician assistants who are licensed to prescribe medications are authorized to prescribe epinephrine auto-injectors maintained in the name of a specific school. Pharmacists and physicians can dispense the auto-injectors in accordance with the prescriptions.

A participating school board may authorize school nurses and other designated personnel to do the following.

• administer, or provide an epinephrine auto-injector to a student to self-administer, both in accordance with a prescription specific to the student that is on file with the school

• administer, under approved protocol and without a prescription, an epinephrine auto-injector to a student or other individual on school premises whom they in good faith believe is experiencing anaphylaxis

Participating districts may enter into arrangements with manufacturers or suppliers of epinephrine auto-injectors to obtain fair-market, free or reduced prices.

Finally, participating school boards must consult with the South Carolina Department of Health and Environmental Control (DHEC) and the South Carolina Department of Education (SCDE) to implement and post on the district’s website a plan for managing students with life-threatening allergies that must include the following.

• training for school personnel on managing such students, storing and administering epinephrine auto-injectors, and recognizing allergic reaction symptoms

• procedures for responding to life-threatening allergic reactions, including emergency follow-up

• a process for the development of individualized health care and allergy action plans for every student with a known life-threatening allergy

Immunity

The SAVE Act grants immunity from liability to schools, districts, local boards and other participating entities and personnel for damages caused by injuries to a student or another person resulting from the administration or self-administration of an epinephrine auto-injector, regardless of whether it was authorized by a parent, physician, etc. Immunity does not apply if the participant acts in a manner that is grossly negligent, willful, wanton or reckless conduct.

As noted, districts’ participation under the SAVE Act is permissible. If a district does participate, then the requirements of the Act will apply. Participating districts will need policy language denoting this participation as well as rules that track the statute’s mandates. Districts are encouraged to consult with their attorney prior to participation.

Local district action required: SCSBA recommends that districts opting to participate in the SAVE Act, including the implementation of the various requirements, modify policy JLCD and its accompanying administrative rule to include language to reflect this participation and adherence to the law. Forms also will be required. SCSBA will be glad to assist those districts wanting to implement this act with their policy needs upon request.

Policy reference: JLCD (Assisting Students with Medications).

Text: The text of this law may be found at . Click on Legislation; Bill, Act or Rat #; and enter A37, R69, or H3725 for the search.

COURT DECISIONS

Effective date: N/A

Summary: Several court decisions issued during 2012-13 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.

Use of race-conscious measures for educational benefits

The U.S. Supreme Court on June 24 issued a much-anticipated decision on a case involving race-based college admissions and affirmative action policy. The Court in Fisher v. University of Texas at Austin sent the case back to the lower Fifth Circuit Court of Appeals for reconsideration.

The effect, however, of the Supreme Court’s remand to the Fifth Circuit, according to the National School Boards Association, is an affirmation of current diversity efforts used throughout the K through 12 public education system. “The use of race-conscious measures to achieve educational benefits is still very much alive,” said NSBA General Counsel Francisco Negron. “Public schools can still seek the educational value of diversity.”

In Fisher, the majority noted that the line of cases upholding the use of race in university admissions when it is narrowly tailored to the compelling government interest in the educational benefits that flow from a diverse student body had not been challenged. This “strict scrutiny” analysis requires a court to conduct an exacting analysis, however, which the Supreme Court found the Fifth Circuit had not done. The Court directed the Fifth Circuit to “assess whether the University has offered sufficient evidence that would prove that its admissions program is narrowly tailored to obtain the educational benefits of diversity.”

The plaintiff in the case, Abigail Fisher, originally filed a complaint against the University of Texas (UT) in 2008 claiming that she was denied admission to the university because she was white. She was denied admission to UT in 2008 under the university’s “holistic review” program. Although race is not assigned a numerical value under UT’s holistic review program, the University is committed to increasing minority enrollment - a goal which it terms “critical mass.”

The Court’s decision and remand in Fisher, as noted by NSBA, avoids any dilution of an earlier diversity case decided by the Supreme Court in Grutter v. Bollinger, 539 U. S. 306 (2003), which directly addresses the question of considering racial minority status as a positive or favorable factor in a university’s admissions process, with the goal of achieving the educational benefits of a more diverse student body.

Local district action required: SCSBA does not recommend any policy changes as a result of the Fisher case. The entire ruling can be found at .

Policy reference: N/A

Banning Confederate flag and protest t-shirts

A three-judge panel of the federal Fourth Circuit Court of Appeals ruled in March that a South Carolina school district did not violate a student’s First Amendment free speech rights by prohibiting her from wearing a T-shirt depicting the Confederate flag and from wearing other protest shirts. It also rejected the student’s Fourteenth Amendment claims that the school district’s middle school and high school dress codes are overbroad and vague. In addition, the panel held that the dress codes do not violate the student’s Fourteenth Amendment equal protection rights because they are viewpoint neutral.

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

The plaintiff in Hardwick v. Heyward, while attending Latta Middle School and Latta High School in Dillon County School District Three, wore numerous Confederate flag and protest message shirts to school that raised objections from school administrators. She was made to change the shirts, and in one instance disciplined.

The middle school dress code stated, “Generally, student dress is considered appropriate as long as it does not distract others, interfere with the instructional program, or otherwise cause disruption.”  The policy also cited some examples of clothing “judged to be inappropriate or distracting in the educational setting,” such as “clothing that displays profane language, drugs, tobacco or alcohol advertisements, sexual innuendoes or anything else deemed to be offensive.” The dress code at the plaintiff’s high school stated, “Dress is casual, but some styles, which may be appropriate outside of school, are clearly inappropriate for school.  Students may not wear the following: . . . shirts with obscene/derogatory sayings.”

Of significance, the racial history in Latta, including various racial incidents among students, served as justification for the defendants’ actions and was important to the court’s decision.

Plaintiff and her parents communicated with the district in an attempt to have the district change its dress codes. When those efforts failed, they filed a Section 1983 suit in federal district court in South Carolina in 2006 against the district claiming the plaintiff’s First Amendment right to free speech and expression was violated because she was not allowed to wear the Confederate flag shirts or protest shirts; her Fourteenth Amendment right to due process was violated because the schools’ dress codes are overbroad and vague; and her Fourteenth Amendment right to equal protection was violated because school officials specifically targeted her Confederate flag shirts while not punishing other racially themed shirts.

The district court granted summary judgment to the district in 2009. Upon appeal by the plaintiff, the Fourth Circuit in December 2010 remanded the case back to the district court to determine the issue relating to the protest shirts. The district court found for the district on all claims and this appeal followed.

While acknowledging the importance of students expressing their views and opinions, the Court of Appeals emphasized that students’ free speech rights are “limited by the need for school officials to provide order, protect the rights of other students, and promote the school’s educational mission.”  It stated: “When, as here, student speech threatens to disrupt school, school officials may prohibit or punish that speech.”

The Fourth Circuit used the analysis for regulating student speech set by the U.S. Supreme Court in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). Citing examples of racial incidents occurring in Latta, the Fourth Circuit said the “record contains ample evidence from which the school officials could reasonably forecast that all of these Confederate flag shirts ‘would materially and substantially disrupt the work and discipline of the school’ ” (citing from Tinker). The same analysis was applied to the plaintiff’s protest shirt.

While the Hardwick case does not have policy implications for districts, it does provide good guidance for schools and their ability under the First Amendment to regulate certain student speech.

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

Policy reference: N/A

Assignment of nonresident students

A South Carolina Supreme Court ruling in late 2012 could make it easier for a nonresident student to displace a resident student for a coveted seat at a particular district school such as a magnet school.

The case, Storm M.H. ex rel. McSwain v. Charleston County Board of Trustees, held that a state law from 1962 allowing children to enroll in any school district where they own property with an assessed value of at least $300 [S.C. Code Section 59-63-30(c)] places these nonresident students on equal footing with resident students.

In McSwain, a Berkeley County student sued the Charleston County School District after initially being accepted for enrollment at the Academic Magnet High School in Charleston but, later, was told she would have to move to the county to attend. At the time, the school district, in policy JFAB Nonresident Students, limited enrollment in its magnet schools to Charleston County residents only. On the issue of residency, the lower circuit court held that the district’s policy of requiring residency for a child to attend a Charleston County School District magnet school violated state law [Section 59-63-30(c)] "because domicile by a child and that child's parent or guardian is not required by the statute, only property ownership is required." The South Carolina Supreme Court agreed.

“A school district may impose admissions requirements for its schools, including magnet schools,” the Supreme Court said. “However, in considering eligible applicants, a school board may not distinguish between a child who qualifies to attend its schools as a resident under Section 59-63-30(a) & (b) and a child who qualifies to attend its schools as a property owner under Section 59-63-30(c).”

“Section 59-63-30 places a child who owns county property on the same footing as a child who resides in the county,” the Court continued.

The Court in its ruling agreed with the district that the Legislature did confer discretionary authority on a board of trustees to set attendance criteria for particular schools and to determine which school in its district a student may attend through S.C. Code Section 59-19-90(9). In fact, the Court noted, in this case the Charleston school board initially determined that the student would be assigned to the magnet school. The problem, the Court said, occurred when the board tried to rescind this decision based on the residency requirement in its policy.

“This ‘resident only’ criterion runs afoul of Section 59-63-30 because any child meeting the threshold established by this provision, either as a resident or a property owner of the subject school district, is entitled to attend that district's schools,” the Court said, adding that while it agreed with the board that Section 59-63-30 does not necessarily confer on a child the right to attend a particular school within a school district, the district may not utilize this provision to revoke admission to a child qualifying to attend a district's school merely because a child qualifies to attend school in the district by virtue of property ownership rather than residence.

The McSwain case does have clear implications on nonresident students’ rights in attending certain district schools.

Local district action required: SCSBA does not recommend specific policy changes based on the McSwain case other than adding the court case citation to the legal references of the appropriate policy as follows.

Storm M.H. ex rel. McSwain v. Charleston County Board of Trustees, 400 S.C.478, 735 S.E.2d 492 (2012).

Policy reference: JFAB (Admission of Nonresident Students).

LOCAL LAW REPORT

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

(A106, R5, S379) Kershaw County School District, reapportion election districts, effective March 1.

(A107, R15, S517) McCormick County School District, calls for a special election to fill unexpired vacancies on board, effective April 12.

REGULATIONS

Effective date: see table

Summary: During the 2013 legislative session, seven state board of education regulations were amended (one of these was amended to comply with federal law and was thus exempt from General Assembly review). Also during this session, six regulations were repealed because they are obsolete due to amendments to state law. SCSBA has 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.

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 2012-13 regulations. Click on the regulation or the document number. You will be able to view the document or print it in its entirety.

Regulation 43-180 - Buildings and Grounds - Defined Minimum Program for South Carolina School District (Document No. 4304)

Policy references: EC (Building/Grounds/Property Management); ECB (Building and Grounds Maintenance)

The regulation was repealed and became obsolete because state law Section 59-23-210 was amended and provides that “all construction, improvement and renovation of public school buildings and property on or after the effective date of this section shall comply with the latest applicable standards and specifications set forth in the South Carolina School Facilities Planning and Construction Guide as published by the South Carolina Department of Education.” The South Carolina School Facilities Planning and Construction Guide relates to either new or renovated buildings, and is not applicable to existing construction that is not undergoing renovation.

SCSBA action: Minor editorial changes have been made to both of these models and legal references have been updated. SCSBA will make changes to district policies upon request.

Regulation 43-181 - Building and Grounds Management - Fire Prevention (Document No. 4306)

Policy reference: EBCB (Safety Drills)

The regulation was repealed and became obsolete because state law Section 59-23-210 was amended and provides that “all construction, improvement and renovation of public school buildings and property on or after the effective date of this section shall comply with the latest applicable standards and specifications set forth in the South Carolina School Facilities Planning and Construction Guide as published by the South Carolina Department of Education.” The South Carolina School Facilities Planning and Construction Guide relates to either new or renovated buildings, and is not applicable to existing construction that is not undergoing renovation.

SCSBA action: Any citation in the legal references to this repealed regulation has been deleted throughout the SCSBA model policy manual. SCSBA will make changes to district policies upon request.

Regulation 43-183 - Building and Grounds - Cleaning Program (Document No. 4303)

Policy reference: N/A

The regulation is no longer needed because it references custodial services in vocational centers. This is a matter the General Assembly feels should be managed by the local school districts; therefore, state-level regulation is unnecessary.

SCSBA action: No policy action is required.

Regulation 43-187 - Buildings and Grounds - Heating and Lighting (Document No. 4305)

Policy reference: N/A

The regulation was repealed and made obsolete based on the repeal of the authorizing statute.

SCSBA action: No policy action is required.

Regulation 43-190 - Project Plans and Specifications (Document No. 4310)

Policy references: FA (Facilities Development Goals/Priority Objectives); FB (Facilities Planning)

The regulation was repealed and became obsolete because state law Section 59-23-210 was amended and provides that “all construction, improvement and renovation of public school buildings and property on or after the effective date of this section shall comply with the latest applicable standards and specifications set forth in the South Carolina School Facilities Planning and Construction Guide as published by the South Carolina Department of Education.” The South Carolina School Facilities Planning and Construction Guide relates to either new or renovated buildings, and is not applicable to existing construction that is not undergoing renovation.

SCSBA action: Minor editorial changes have been made to both of these models and legal references have been updated. SCSBA will make changes to district policies upon request.

Regulation 43-191 - Facility Specifications (Document No. 4307)

Policy references: FA (Facilities Development Goals/Priority Objectives); FB (Facilities Planning)

The regulation was repealed and became obsolete because state law was amended and provides that “all construction, improvement and renovation of public school buildings and property on or after the effective date of this section shall comply with the latest applicable standards and specifications set forth in the South Carolina School Facilities Planning and Construction Guide as published by the South Carolina Department of Education.” The South Carolina School Facilities Planning and Construction Guide relates to either new or renovated buildings, and is not applicable to existing construction that is not undergoing renovation.

SCSBA action: Minor editorial changes have been made to both of these models and legal references have been updated. SCSBA will make changes to district policies upon request.

Regulation 43-205.1 - Assisting, Developing, and Evaluating Professional Teaching (ADEPT) (Document No. 4325)

Policy references: GCOA (Evaluation of Instructional Staff); GBC (Staff Compensation); GCB (Professional Staff Contracts and Compensation)

Amendments to this regulation are needed to define requirements for the extended induction contract period, as approved by the General Assembly; to define the contractual and evaluation requirements for educators entering a “regulated” South Carolina public school while holding a valid South Carolina limited professional certificate; and to allow for variations approved by the General Assembly regarding the date by which districts must notify teachers of their employment status for the following school year.

These amendments align the regulation with the 2012 amendments to the ADEPT statute (Section 59-26-40) and the 2012 amendments to the State Board of Education R43-54 (Credential Classification), as well as with the variations regarding the dates by which districts are permitted and required to issue employment offers to teachers (April 15 language).

SCSBA action: SCSBS has made extensive revisions to its model policy on evaluation of instructional staff to reflect the amendments to the regulation and law. Language in model policies on issuing contracts to teachers also has been revised to reflect the regulatory change of the date by which districts must notify teachers of their employment status for the following school year. These models should be considered to replace your existing policies.

Model policies follow this section.

Regulation 43-220 - Gifted and Talented (Document No. 4308)

Policy reference: IHBB (Gifted and Talented)

This regulation establishes the criteria for student eligibility in gifted and talented programs and sets forth the program service and curriculum requirements. Academic and artistic gifted programs are addressed in this regulation. Provisions of the regulation include, but are not limited to, the following: programming, identification of the population to be served, staff, reporting, funding, and expenditures and accounting procedures. With the development of the new state assessment (Palmetto Assessment of State Standards), the increase in public school choices (charter, single gender, etc.) and other common issues for districts, the revision attempts to resolve some of these challenges. The changes are necessary to reflect changes in terminology, best practices and accountability. In addition, the amendments conform to changes in state law, add clarification, and update obsolete terminology in the field of gifted and talented education.

SCSBA action: SCSBA has made some minor revisions in its model policy on gifted and talented education to reflect the changes to the regulation. This model should be considered to replace your existing policy. If a district has additional language in its policy or an accompanying administrative rule, this regulation should be reviewed for changes to your local information.

Model policy follows this section.

Regulation 43-234 - Defined Program, Grades 9-12 (Document No. 4294)

Policy reference: IKF (Graduation Requirements)

Amendments to the regulation change the name to include “graduation requirements” in the title to clarify that this is the regulation to refer to for requirements for high school graduation. Amendments also denote the correct end-of-course examination for science and clarify the use of proficiency credit for all schools. Graduation requirements from R43-259 have been amended and moved to this regulation.

SCSBA action: SCSBA will make the appropriate changes to the legal references in any model policy citing this regulation. Other minor editorial changes have been made to the administrative rule for graduation requirements as well as the addition of new language on the transfer of adult education course credits from amended regulation 43-259 (see below).

Model administrative rule follows this section.

Regulation 43-243 - Special Education, Education of Students with Disabilities (Document No. 4381)

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

Regulation 43-243 was amended to align state rules, regulations and policies relating to the education of children with disabilities to the purposes and requirements of the federal Individuals with Disabilities Education Act of 2004 and its implementing regulation, as amended March 2013. The federal IDEA regulation is incorporated into R43-243 by reference. This regulation is an outline of all provisions contained in Part B of the IDEA regulation. Most provisions of amended R43-243 are identical to the IDEA regulation. This regulation did not require review by the General Assembly.

SCSBA action: No policy action is required. However, if a district has extensive rules or procedures in place for implementation of their special education program, further study of the amended regulation would be appropriate.

Regulation 43-259 - Graduation Requirements (Document No. 4261)

Policy reference: IHD (Adult Education); IKF (Graduation Requirements)

This regulation now provides guidance to school districts and other eligible adult education providers. Changes include removing the word “community” from the title of the adult education office, revising the awarding of high school units of credit, and updating policies for the GED examination. In addition, the graduation requirements for grades 9-12 have been moved to Regulation 43-234. Regulation 43-259 has been renamed Adult Education and contains only the criteria for adult education programs.

SCSBA action: SCSBA will make the appropriate changes to the legal references in any model policy citing this regulation. The new language addressing the criteria under which credits earned by a student in the adult education program may be transferred to a secondary school to count towards the units required for a state high school diploma has been added to the revised administrative rule for graduation (see R43-234 above).

No policy action is required.

Regulation 43-273 - Transfers and Withdrawals (Document No. 4285)

Policy reference: JRA (Student Records)

The regulation was amended to expedite the transfer of student records so that individual students are properly transferred and schools are accountable for students attending their schools. Language also was added to require a written request for records.

SCSBA action: SCSBA has amended its administrative rule JRA-R to reflect the addition of this language regarding the transfer of student records.

Model administrative rule follows this section.

Regulation 43-601 - Procedures and Standards for Review of Charter School Applications (Document No. 4309)

Policy reference: IHBH (Charter Schools)

This regulation sets forth the standards for the review of charter school applications. The USDE requires that charter schools and authorizing agencies adhere to certain assurances throughout the term of the charter. To ensure compliance, amendments to the regulation require that charter schools submit annual audits to their authorizer and that academic performance becomes the most important factor to consider for renewing or revoking a charter.

SCSBA action: No policy action is required.

Policy

EVALUATION OF INSTRUCTIONAL STAFF

Code GCOA Issued MODEL/13

Purpose: To establish the basic structure for the evaluation of the professional instructional staff in the district to ensure accountability.

The appropriate personnel will evaluate the performance of every instructional employee fairly and on a periodic basis in an effort to improve the quality of all work performance.

The superintendent will enforce the rules, regulations and procedures necessary for conducting an efficient, effective program of employee performance evaluation.

The elements of the performance evaluation program are as follows.

• Every employee is informed of the criteria by which his/her performance is evaluated.

• Every employee has the right to be informed of his/her performance evaluation.

Assisting, Developing, and Evaluating Professional Teaching (ADEPT) System

The district will use the ADEPT System to evaluate all certified teachers employed under induction, annual and continuing contracts. The district will base all evaluations on the ADEPT performance standards in accordance with state board of education ADEPT implementation guidelines.

The district will develop plans and procedures for teacher evaluation based on the following components of ADEPT.

Induction programs

The district will develop or adopt induction programs to provide teachers with comprehensive guidance and assistance throughout each induction year. These programs must contain criteria and/or requirements necessary for teachers to complete the induction contract year. No person may be employed as an induction teacher for more than three years. A teacher who is completing a third year of induction is eligible for employment at the annual contract level.

Annual contract

The district must use a valid and reliable process for evaluating and assisting teachers employed under annual contracts in accordance with state board of education regulations. Teachers employed under an annual contract also must complete an individualized professional growth plan established by the school or district and supportive of district strategic plans and school renewal plans.

The district must establish criteria or requirements to be met by teachers to successfully complete the first annual contract year to include a formal performance evaluation or being provided with diagnostic assistance. An annual contract teacher who has demonstrated potential but who has not yet met the formal evaluation criteria and/or requirements set by the board is eligible for a diagnostic assistance year at the annual contract level. The district may provide this during the teacher’s first annual contract year or during the annual contract year following the teacher’s first unsuccessful formal evaluation. A teacher is eligible to receive only one diagnostic assistance

PAGE 2 - GCOA - EVALUATION OF INSTRUCTIONAL STAFF

year. A diagnostic assistance year must be followed by formal (summative) evaluation at the annual contract level during the teacher’s next year of teaching employment. During subsequent annual contract years, teachers must be evaluated or assisted in accordance with state board of education regulations.

Teachers may not be employed under an annual contract for more than four years.

Continuing contract

Teachers employed under continuing contracts must be evaluated on a continuing basis. The district will decide whether the evaluation will be formal or informal (i.e., goals-based). Continuing contract teachers who are being recommended for formal evaluation the following year must be notified in writing on or before the date the district issues the written offer of employment or reemployment.

The district will develop a plan in accordance with state board of education ADEPT implementation guidelines to continuously evaluate teachers who are employed under continuing contracts. At a minimum, the district ADEPT plans for these teachers must address formal and informal evaluations and individualized professional growth plans.

Teachers employed from out of state

Teacher employed from out of state who receive a South Carolina professional teaching certificate based on reciprocity are eligible for employment under an annual contract. At the annual contract level, teachers may receive either a diagnostic assistance year or a formal evaluation. Teachers must successfully complete the formal evaluation at the annual contract level before they are eligible to receive a continuing contract.

Teachers employed in charter schools

If a charter school operating within the district elects to implement the ADEPT system for evaluating their teachers, it must do so in compliance with all provisions of law and state board of education regulation and implementation guidelines. In fulfilling these requirements, the contract between the charter school and its sponsor must include an ADEPT provision. All certified teachers in the charter school must be assisted and evaluated consistent with the sponsor’s state board of education approved ADEPT plan for induction, formal evaluation and goals-based evaluation.

The charter school ADEPT provision must address the charter school’s responsibilities for ensuring the fidelity of the implementation of the system and the sponsor’s responsibility in terms of staff training and program implementation. The provision must be included in the sponsor’s ADEPT plan and approved by the state board of education prior to implementation. The sponsor agrees to disseminate all ADEPT-related information from the state department of education to the charter school and to report charter school teacher data as required.

Teachers who hold a limited professional certificate

An educator who holds a valid South Carolina limited professional certificate is eligible for employment a “regulated’ public school at the annual contract level and may receive either a diagnostic-assistance year or a formal evaluation. Teachers must successfully complete the formal evaluation at the annual contract level before they are eligible to move from a limited professional certificate to a full professional certificate and be employed under a continuing contract.

PAGE 3 - GCOA - EVALUATION OF INSTRUCTIONAL STAFF

Training and reporting

The district must provide appropriate training for all personnel responsible for conducting the evaluation process.

The district must meet all reporting requirements as outlined in law and state board regulation.

Adopted ^

Legal references:

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

1. Section 59-26-10 through Section 59-26-40 - A system for the training, certification, initial employment, evaluation and continuous professional development of public educators.

B. State Board of Education Regulations:

1. R-43-205.1 - Assisting, Developing, and Evaluating Professional Teaching (ADEPT).

C. State Board of Education:

1. Guidelines for Implementation of ADEPT.

Policy

STAFF COMPENSATION

Code GBC Issued MODEL/13

Purpose: To establish the basic structure for compensating district staff.

Professional staff

The board will attempt to pay its professional employees at a level that will attract and retain personnel dedicated to education.

The compensation of certificated personnel is based on the state salary schedule with local supplements as approved by the board. The schedule takes into consideration the levels of professional training and years of service.

Upon recommendation of the superintendent, the board awards contracts to professional personnel as required by state law.

Upon recommendation of the superintendent, the board will notify teachers in writing of their employment status on or before the date the district extends offers of teaching employment for the following school year. Personnel must give written acceptance of their contracts to the superintendent. Failure to give such notification constitutes contract rejection.

The board will award administrative contracts on the recommendation of the superintendent.

Support staff

The board will base the salary of all support staff on salary schedules or hourly rates set by the board on the recommendation of the superintendent. The board will set compensation according to the responsibility of the position, services rendered, evaluation of performance, years of service, provisions of the district's operational budget and any applicable state and federal laws.

The effective date for all salary changes as determined by the salary schedule or by action of the board is July 1 (Option: anniversary date of employment).

Adopted ^

Legal references:

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

1. Section 59-20-50 - Minimum salary schedule.

2. Section 59-25 -710 - Salary complaints.

3. Section 59-67-470 - School bus drivers to be employed by the board of trustees.

4. Section 59-67-480 - Salaries of school bus drivers to be fixed annually by General Assembly.

B. State Board of Education Regulations:

2. R-43-205.1 - Assisting, Developing, and Evaluating Professional Teaching (ADEPT).

Policy

PROFESSIONAL STAFF CONTRACTS

AND COMPENSATION

Code GCB Issued MODEL/13

Purpose: To establish the basic structure for professional staff contracts and compensation.

Compensation

The board will attempt to pay its professional employees at a level that will attract and hold personnel dedicated to education.

The compensation of certificated personnel is based on the state salary schedule with local supplements as approved by the board. The schedule takes into consideration the levels of professional training and years of service in the district.

The effective date for annual salary changes as determined by the salary schedule or by action of the board is July 1.

Contracts

Upon recommendation of the superintendent, the board will notify teachers in writing of their employment status on or before the date the district extends offers of teaching employment for the following school year. Teachers must give written acceptance of their contracts to the superintendent. Failure to give such notification constitutes contract rejection.

The board will award administrative contracts on the recommendation of the superintendent.

Teacher and Employee Retention Incentive Program (TERI) participants

Should a mid-year vacancy occur in a contract position held by a TERI employee, the board authorizes the superintendent or his/her designee to fill such vacancy for the remainder of the school year in which the vacancy occurs through a letter of agreement. This letter of agreement will state that the employee has no right to or expectation of continuing employment beyond the period specified in the letter of agreement.

When issuing contracts, the district will offer TERI employees working under TERI agreements that will expire during the ensuing school year the same type of contract the participant had the previous year. The contract will specifically contain notice that the contract expires on the date designated in the employee’s TERI agreement and will specifically reiterate said expiration date.

Contract releases

For release of teachers from contracts, see policy GCQC/GCQD.

Adopted ^

PAGE 2 - GCB - PROFESSIONAL STAFF CONTRACTS AND COMPENSATION

Legal references:

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

1. Section 59-19-80 - Requirements as to purchases and teacher employment (teacher contracts to be awarded in public).

2. Section 59-19-290 - Contracts in excess of apportioned funds void.

3. Section 59-20-50 - Minimum salary schedule.

4. Section 59-21-20 - Teacher contracts to be based on school term of 190 days.

5. Section 59-25-410 - Notice to teacher of employment status.

6. Section 59-25-420 - Teacher required to notify board of acceptance; opportunity for hearing if not reemployed.

7. Section 59-25-710 - Salary complaints.

8. Section 9-1-2210 - Teacher and Employee Retention Incentive Program; operation.

B. State Board of Education Regulations:

1. R-43-205.1 - Assisting, Developing, and Evaluating Professional Teaching (ADEPT).

Policy

GIFTED AND TALENTED EDUCATION

Code IHBB Issued MODEL/13

Purpose: To establish the board's vision for education of gifted and talented students.

The district strives to meet the educational needs of all students. In supporting this concept, the district recognizes the unique characteristics of gifted and talented students. The district further recognizes the need to develop programming services to respond to these students’ individual abilities and competencies.

Gifted and talented students are those in grades one through 12 identified as having demonstrated or potential abilities for high performance in academic and/or artistic areas. These students require programming services beyond that normally provided by regular school programming. The board, therefore, directs the administration to plan for and provide a comprehensive, aligned and coordinated continuum of services that address the advanced learning needs of gifted and talented students.

The district will use the criteria developed by the state board of education in the screening, referral, assessment and placement of candidates for the gifted and talented program.

Adopted ^

Legal references:

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

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

2. Section 59-29-170 - Programs for talented students.

3. Section 59-1-445 - Violations of mandatory test security; penalties; investigations.

B. State Board of Education Regulations:

1. R-43-220 - Gifted and talented programs.

Administrative Rule

GRADUATION REQUIREMENTS

Code IKF-R Issued MODEL/13

A student must earn 24 units of credit in state-approved courses for graduation.

The unit requirements are distributed as follows.

|Subject |Credit units |

|English language arts |4 |

|Mathematics |4 |

|Science |3 |

|U.S. History and Constitution |1 |

|Economics |1/2 |

|US Government |1/2 |

|Other social studies |1 |

|PE or junior ROTC |1 |

|Computer science (including keyboarding) |1 |

|Foreign language or |1 |

|Career and technology education | |

|Electives |7 |

|Total |24 |

The student must pass a classroom examination on the provisions and principles of the United States Constitution, the Declaration of Independence, the Federalist papers and American institutions and ideals. This instruction must be given for a period of at least one year or its equivalent, either within the required course U.S. History and Constitution or within another course.

The student must pass a high school credit course in science in which an end-of-course examination is administered.

The student must be enrolled for a minimum of one semester immediately preceding his/her graduation except in case of a bona fide change of residence. Units earned in a summer school program do not satisfy this requirement.

The student must pass both parts of the South Carolina high school exit examination in addition to earning the required number of prescribed units.

Awarding of high school credit

A school also may award and accept credit towards a high school diploma for the following.

• in units of one-fourth, one-half and a whole; for example, an academic-standards based course that requires a minimum of 120 hours of instruction (one unit), 60 hours of instruction (one-half unit) and 30 hours of instruction (one-fourth unit)

• a course that has been approved by the South Carolina Department of Education in a proficiency-based system

PAGE 2 - IKF-R - GRADUATION REQUIREMENTS

• those gateway courses that are a part of the end-of-course examination program only if the student takes the course approved by the school in which he/she is enrolled and meets all the stipulated requirements of the program

• courses in summer programs that meet all the regulatory requirements for courses offered for students in grades nine through 12

• a course that is approved by the district - whether the school offers the particular course or not - if the student receives prior approval

• a course that the student takes in an approved adult education program if the course is approved by the superintendent or his/her designee

• locally designed subject-area courses, elective courses and CATE courses under conditions as outlined in state board regulation

• the PE credit if the PE course meets all statutory requirements including the personal fitness and wellness component and the lifetime fitness component

• the one-half unit of credit carried by the keyboarding course for half the required computer science unit

• the American Sign language course as the required unit in a foreign language

• a college course that a student in grades nine through 12 takes under the district’s dual credit arrangement

Adult education

For adult education students receiving a diploma, the unit requirements are distributed as follows.

|Subject |Credit units |

|English language arts |4 |

|Mathematics |4 |

|Science |3 |

|U.S. History and Constitution |1 |

|Economics |1/2 |

|US Government |1/2 |

|Other social studies |1 |

|Computer science | |

|(including keyboarding*) |1 |

|Electives |9 |

|Total |24 |

*Keyboarding may count up to one-half of the computer science requirement.

A student may transfer credit earned in the adult education program to a secondary school to count towards the units of credit required for a state high school diploma if, for each unit being transferred, the student has spent a minimum of 120 hours in class time in that subject at that level and the teacher was properly certified to teach the course.

PAGE 3 - IKF-R - GRADUATION REQUIREMENTS

Exit examination

For purposes of state testing requirements for the exit examination, high school will be considered to include grades nine through 12. Students will initially take the exit examination in the second spring after their initial enrollment in high school. For purposes of meeting the state testing requirements, these students will be considered as tenth graders. The exit examination will consist of tests in English language arts and mathematics based on state curriculum standards. Passage of the exit examination is a condition for the receipt of a state high school diploma. This requirement also applies to students in an adult education program who are seeking a diploma.

Students who do not pass the exit examination must receive academic assistance in the area(s) not passed.

A student who is enrolled in the public school for the entire tenth-grade, eleventh-grade and twelfth-grade years and remains actively enrolled and in good standing until graduation will have a minimum of five opportunities to pass the examination.

Any student who fails to pass the exit examination and who is actively enrolled in school will take an equivalent form of only the parts on which he/she did not meet the minimum performance standard(s) at the next designated administration. Students will have two opportunities per year (spring and fall) to take the failed part or parts.

An administration of the exit examination may be available during the summer after the twelfth grade for students who have met all other requirements for graduation and who were actively enrolled in school.

The district will award an appropriate state certificate to those students who must pass the exit examination to receive a diploma, but fail to do so. The certificate will indicate the number of credits earned and grades completed. A student who has earned the required number of units but who fails to pass the exit exam may enroll in adult education to continue with academic assistance and to re-take the exit exam. If the student is under the age of 21, he/she may continue in school until he/she passes the exit exam and receives a diploma or until he/she reaches 21, whichever occurs first.

The district will do the following.

• Implement administration and security measures established by the state board of education for the purpose of the exit examination.

• Establish a procedure for written notification of students and parents/legal guardians by the seventh grade or upon entry into the district schools, whichever comes first.

• Publicize the exit examination schedules.

• Recommend for a South Carolina State High School Diploma only those students who pass all parts of the exit examination.

• Provide academic assistance related to the parts not passed.

• Advise students who have met all other requirements for graduation but have not passed the exit examination of other alternatives.

PAGE 4 - IKF-R - GRADUATION REQUIREMENTS

Districts will identify students who meet the participation criteria for alternative assessment. Students with an IEP may take the exit exam with accommodations and/or modifications determined to be appropriate by the IEP team and allowable by state and federal statutes and regulations.

High school credit for college work

Students in grades nine through 12 and/or adult education programs can earn credits for college course work that can be applied to the required number of units for a state high school diploma.

The following conditions apply.

• Courses may be offered through distance learning and cooperative agreements with institutions of higher education. One quality point will be added to the CP weighting for dual credit courses that are applicable.

• Only courses applicable to baccalaureate degrees or to associate degrees offered by institutions accredited by the board of education of that state or the appropriate regional accrediting agency (the New England Association of Colleges and Schools, Middle States Association of Colleges and Schools, Southern Association of Colleges and Schools Council on Accreditation and School Improvement (AdvancED/SACS CASI), North Central Association of Colleges and Schools, Western Association of Colleges and Schools or Northwest Association of Colleges and Schools) qualify. (Note: District may specify number of units here.)

• Tuition costs and any other fees will be the responsibility of the student or his/her parent/legal guardian (option: of the district).

Issued ^

Administrative Rule

STUDENT RECORDS

Code JRA-R Issued MODEL/13

General provisions

A student's "education records" are those records directly related to a student and maintained by the school district or a party acting for the school district.

"Parent" refers to a parent, a legal guardian, a person acting as a parent, a surrogate appointed in accordance with laws regulating programs for disabled students or a student who is 18 years of age or over, or a student who is attending an institution of postsecondary education on a full-time basis.

“Written consent” as used in this policy and administrative rule includes signed and dated written consent in electronic format that does the following.

• identifies and then indicates a particular person as the source of the electronic consent

• indicates the person’s approval of the information in the electronic consent

Whenever a student is 18 or is attending an institution of postsecondary education, the rights accorded to and the consent required of the parent of the student will thereafter only be accorded to and required of the eligible student unless the school district has received notice that a court has awarded legal guardianship beyond the age of majority or the student is dependent on the parent/legal guardian for support and is claimed as dependent for tax purposes under the Internal Revenue Code. The school will document such notice.

In maintaining student records, the schools will follow applicable state and federal laws and regulations.

Location of the student records

The school or the district records office (if a student is no longer enrolled) will maintain a cumulative record folder that contains directory information, scholastic information, standardized test data, health records, discipline records and other information. This cumulative record will include, but not be limited to, the following information.

• name (last, first and middle), also the preferred name (nickname)

• date of birth (verified) along with the sex and ethnic background

• address and telephone number

• names of parents and/or legal guardians

• health record, including surveys for vision, speech and hearing

• standardized test scores

• end of year assessment scores

• attendance and scholarship record card

• special services contact report

• reading and mathematics continual record

• appropriate correspondence with parents

• discipline records

• criminal record (if convicted of certain crimes)

• incident reports relating to charges for certain offenses outlined in the Juvenile Justice Code, and relating to other offenses if requested by the principal

PAGE 2 - JRA-R - STUDENT RECORDS

• other information in the form of notice by a law enforcement agency that a child has been charged with an offense as outlined in the Juvenile Justice Code, or upon final disposition of a case as outlined in the code

Except as provided in paragraph 4 of this section, the district maintains copies of psychological reports and related records if the district has given psychological evaluations to the student as follows.

• in the office of special services

• in the student’s school in a file especially for psychological reports

The appropriate personnel in the district office and/or the appropriate school will keep records concerning students who have had administrative hearings.

Once a student graduates, the district files the student's records in the high school. If a student drops out of school before graduation, the school will file his/her records for five years and then transfer the records to the district's central location for record storage.

Directory information

Schools will treat each student's education records as confidential and primarily for local school use. The exception to this rule is for directory information, which includes the following information about a student.

• name

• address

• telephone number

• date and place of birth

• participation in officially recognized activities and sports

• weight and height of members of athletic teams

• dates of attendance

• diploma or certificate and awards received

• electronic mail address

• photographs, digital images, images on videotape and other electronic images (as related to school-sponsored or district-sponsored events, activities and special recognitions)

• grade level

• most recent previous educational agency or institution attended by the student

• other similar information which may appear in newspaper articles, on television, in radio broadcasts, on displays, on the world wide web or in district or school promotional pieces

The district will not release directory information to any person or agency for commercial use. The district expects its employees to use good judgment in releasing directory information so it serves the best interests of the student.

Within 15 days after the annual distribution of notification of privacy rights, the parent of the student or the eligible and currently enrolled student has the right to refuse to permit the designation of any or all of the categories of personally identifiable information as directory information. The parent/eligible student's notification must be in writing. The written notification will become part of the student's education record. The principal of the school the student is attending is responsible for notifying appropriate personnel of the request, filing the request in the student's cumulative folder and marking the folder as specified by the superintendent or his/her designee.

PAGE 3 - JRA-R - STUDENT RECORDS

This notification of privacy will include notice to parents that military recruiters are entitled to some student directory information and that parents have the right to deny this access.

Release of school records

The Family Education and Privacy Act of 1974 requires the following procedures in the release of school records.

• The district cannot release school records to any person or agency (employer, government agency, etc.) without the written consent of a student's parent. If the student is 18 years of age, he/she may sign for the release of his/her records.

• The district will release school records, without prior written consent of parent or eligible student, to officials of other educational institutions in which the student seeks or intends to enroll. The school will notify the student's parent of the transfer only if he/she has requested this exception to the district's policy.

The USA PATRIOT Act authorizes the district to release student records without parental consent to federal law enforcement officials in some circumstances relevant to a terrorism investigation.

Records made by an employee

A school district employee's personal records on a student are not part of the student's education record as long as that person keeps the notes solely for his/her own use and maintains them separately from the school files.

A substitute who performs the employee's duties on a temporary basis may use these personal records. However, the employee may not pass the records on to a successor.

Management of records

The district will protect the confidentiality of personally identifiable data on children during collection, storage, disclosure and destruction.

School district personnel, school psychologists under contract with the school district and other eligible state and federal employees who need the records to carry out their assigned duties and who have a legitimate educational interest will have access to or may receive information from the education records. The superintendent will maintain a current list of such individuals. The district will also give access to parents and eligible students as provided below.

The appropriate administrative head of each group collecting or using personally identifiable information will give instruction regarding these regulations to the group.

Students transferring to another school

When a student transfers to another public or private school, the school will send the student's permanent school records, including incident reports relating to charges for certain offenses outlined in law and the discipline record of suspensions and expulsions, to the receiving school and notify the parent of the transfer.

PAGE 4 - JRA-R - STUDENT RECORDS

Schools must transfer these records as soon as possible, but no later than 10 business days, upon receiving the written request from the school to which the student is transferring. Schools may not withhold the transfer of records to a school for fees owed by the student.

Disclosure (except for directory information)

The school district has the right to disclose personally identifiable information from the education records of a student to appropriate parties in connection with an emergency, if knowledge of the information is immediately necessary to protect the health or safety of the student or other individuals.

The school will require a written request or consent from a parent or eligible student for each act of release of information. Blanket authorization for release of information is not permissible. Written requests or consent will include the types of information to be released, the purpose(s) for the disclosure, the parties or class of parties to whom the disclosure may be made, the date signed and the signature of the parent or eligible student.

The district will not require prior consent for disclosure when state and federal officials request the information as authorized by statutes or regulations implementing statutes.

The district will not require prior consent to disclose information to organizations conducting studies for, or on behalf of, the district for the purpose of developing, validating or administering predictive tests, administering student aid programs, and improving instruction as long as students and/or their parents are not personally identified and the records are destroyed when no longer needed for the prescribed purpose.

The district will not require prior consent when disclosing information to accrediting organizations in order for them to carry out their accrediting functions.

The district will not require prior consent when disclosing information in order for the school district to comply with a request from a judicial order, a lawfully issued subpoena, or a family court judge or his/her duly authorized representative acting in an official capacity.

Except as provided elsewhere in this administrative rule, the school district will keep a record of disclosures not authorized by the parent, eligible student or this administrative rule.

The student's cumulative folder will provide the following information.

• name of the party receiving the information

• data released

• legitimate purpose for which the data was requested

On the same day, the person releasing the information must mail written notification of the above to the parent or eligible student at the last known address if there is no evidence that the parent or eligible student is aware of the release of information.

Students in foster care

Upon enrollment of a child in foster care, the Department of Social Services (DSS) will provide a copy of the court order to the school district for inclusion in the student’s records.

PAGE 5 - JRA-R - STUDENT RECORDS

The district will request school records of a student in foster care within two days of placement into a school and will transfer records within two days of receiving a request for school records of a student in foster care.

The district may permit an authorized representative of DSS to have access to the records of a child in foster care for the purpose of fulfilling educational case management responsibilities required by law and to assist with the school transfer or placement of the child.

Annual notification of rights

Each school will distribute annual notice of privacy rights to parents and eligible students in attendance at the time of notification.

Request for inspection

Anyone who wants to inspect the records must make the request for inspection (or an explanation or interpretation) of a student's record to the principal of the school in which the student is enrolled or where the record is housed.

Principals or designated district office administrators will set a time and place for the inspection of such records within a reasonable period of time, but in no case more than 45 days after the request has been made. If a hearing concerning the student is pending, the employee will honor the request for inspection of the student's record prior to the hearing.

At the inspection, the principal will have appropriate personnel available to interpret information on the records.

The school district is responsible for the maintenance of each student's record. Therefore, school personnel are not to turn the original record or microfilmed copy of a record over to any person or organization unless they have a specific, written judicial order for such action.

If the parent or eligible student believes that the information in the education record is inaccurate, misleading or violates the privacy or other rights of the student, he/she can request an amendment to the record. The school official receiving the request will either amend the record, if appropriate, or notify the parent or eligible student within 15 working days in writing that the request is denied and that he/she has the right to request a hearing as provided below.

Each parent of a child has the right to inspect and review the child's record unless the school district has written evidence that there is a legally binding instrument or a court order governing such matters as divorce, separation or custody which provides to the contrary. The same applies to parental requests for disclosure to other individuals and to organizations.

A parent or an eligible student has the right to give written authorization for a representative to inspect and review the education records of the student.

Hearings to challenge information in students’ records

Parents or eligible students will make requests for hearings to the principal where the record is housed. The principal or his/her designee may conduct the hearing.

Principals or administrators will set a date, time and place for the hearing and notify the requester in writing of the date, time and place. The principal will establish the hearing date

PAGE 6 - JRA-R - STUDENT RECORDS

within five working days of receipt of the request. The principal must mail written notice of the hearing to the parent or eligible student at least 10 days prior to the hearing.

A school district official who does not have a direct interest in the outcome will conduct the hearing.

At the hearing, the principal or administrator will try to have present the person who has entered the information in question if the person is known and reasonably available. The parent or student who requested the hearing will have the right to question that person if present and be able to show evidence that would correct inaccurate, misleading or otherwise inappropriate information. Such evidence will become a permanent part of the student's record.

The parent of the student or the eligible student will have a full and fair opportunity to present relevant evidence, and may be assisted or represented at their expense by legal counsel.

If, as a result of the hearing, the school district decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it will inform the parent or eligible student in writing that he/she has the right to place in the education record a statement commenting upon the information in the record and/or setting forth any reasons for disagreeing with the decision. Any such statement must remain with the record as long as the contested portion remains in the record. Disclosure of the contested portion must include the statement of the parent or eligible student.

The school district will send its decision (including a summary of the evidence), the reasons for the decision and the right to a judicial appeal in writing to the parent or eligible student within five working days after the conclusion of the hearing. The school district will base its decision solely on evidence.

Destruction of education records

The school district may destroy data that are no longer needed for providing direct educational services as long as the following conditions apply.

• There is no outstanding request to inspect and review the education record.

• The district keeps the record of disclosures as long as it maintains the education record to which it relates.

• The data do not concern the referral, evaluation, staffing and placement of a disabled student or a student suspected at one time of having a disability. Such data will be sent to the office of programs for the disabled when no longer needed for providing direct educational services to a student.

No one may remove the following items from a student's cumulative record at any time.

• name (last, first and middle), also the preferred name (nickname)

• date of birth (verified), along with the sex and ethnic background

• address and telephone number

• names of parents

• health record, including surveys for vision, speech and hearing

• standardized test scores

• end of year assessment scores

• attendance and scholarship record card

PAGE 7 - JRA-R - STUDENT RECORDS

Special service contact report is to be removed from a student’s cumulative record at the end of five years if the student is not enrolled in a special program. The curriculum coordinator or guidance counselor will remove this record. The continual reading and mathematics records K through eight are to be removed and made a part of the record keeping system to be in force for grades nine through 12. Correspondence with parents should be reevaluated and thrown away after five years. Any materials relating to a child's preschool and kindergarten experiences should be discarded after second grade.

Record provided by the department of juvenile justice

A person's juvenile criminal record must be provided by the department of juvenile justice to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the department of juvenile justice.

The principal will ensure that the student's juvenile criminal record is maintained in the school disciplinary file or other such confidential location. Access to the record will be restricted to school personnel having need for such information in order to adequately address the educational needs of the student.

These records must be destroyed upon the student's completion of secondary school or upon reaching 21 years of age.

Fingerprint records

In accordance with law, the county will provide each school in the county with the forms and ink pads necessary to record each student's fingerprints in kindergarten through grade 12.

The district schools with the assistance of the State Law Enforcement Division and/or local law enforcement agencies will fingerprint school children in kindergarten and grades one through 12 when the parent of a child requests in writing that his/her child be fingerprinted for identification purposes for the child's protection.

The school will give the fingerprints to the student's parents.

The Family Educational Rights and Privacy Act Office

Parents/Legal guardians and eligible students have the right to file written complaints concerning alleged violations of the Family Educational Rights and Privacy Act. Written complaints should be sent to the following address.

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, S.W.

Washington, DC 20202-4605

This office has the responsibility for investigating, processing and reviewing alleged violations. This office will refer appropriate cases to a review board for adjudication.

Issued ^

2013 STATE REGULATIONS STATUS TABLE

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

| | |No. | | | |

|1. |180 |4304 |Buildings and Grounds - Minimum Program for South Carolina |Repeal |5/24/13 |

| | | |School District | | |

|2. |181 |4306 |Buildings and Grounds Management - Fire Prevention |Repeal |5/24/13 |

|3. |183 |4303 |Buildings and Grounds - Cleaning Program |Repeal |5/24/13 |

|4. |187 |4305 |Building and Grounds - Heating and Lighting |Repeal |5/24/13 |

|5. |190 |4310 |Project Plans and Specification |Repeal |5/24/13 |

|6. |191 |4307 |Facility Specifications |Repeal |5/24/13 |

|7. |205.1 |4325 |Assisting, Developing, and Evaluating Professional Teaching |Amend |6/28/13 |

| | | |(ADEPT) | | |

|8. |220 |4308 |Gifted and Talented |Amend |6/28/13 |

|9. |234 |4294 |Defined Program, Grades 9-12 |Amend |6/28/13 |

|10. |243 |4381 |Special Education, Education of Students with Disabilities |Amend |7/26/13 |

| | | |(Comply with federal law) | | |

|11. |259 |4261 |Graduation Requirements |Amend |6/28/13 |

|12. |273 |4285 |Transfers and Withdrawals |Amend |6/28/13 |

|13. |601 |4309 |Procedures and Standards for Review of Charter School |Amend |6/28/13 |

| | | |Application | | |

Source: South Carolina Department of Education, 2013; South Carolina House of Representatives Education Committee, 2013.

TEMPORARY PROVISOS

Effective date: July 1, 2013

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 as well as the full text 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.

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 $2,101. In Fiscal Year 2013-14, the total pupil count is projected to be 698,924. The average per pupil funding is projected to be $5,147 state, $1,185 federal, and $4,855 local. This is an average total funding level of 11,187 excluding revenues of local bond issues. For Fiscal Year 2013-14 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, Research and Statistics Division, 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, Research and Statistics Division, 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, Research and Statistics Division, including the projected numbers and the exact numbers.

Defined program personnel requirements (1.18 and 1A.61)

This proviso, which previously allowed among other things for 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, was deleted this year.

Advertising on school buses (1.49)

This continuing proviso was amended to allow districts to sell advertising space on district-owned buses. See proviso 1.79 (below) for advertising restrictions.

1.49. (SDE: Prohibit Advertising on School Buses) The Department of Education and local school districts are prohibited from selling space for or the placement of advertisements on the outside or inside of state-owned school buses.

Charter school funding schedule (1.50)

This proviso, which established a separate funding schedule for charter schools with approved incremental growth and due to expansion as provided in their charter application, was deleted.

School safety (1.73)

School safety was a hot topic early in the 2013 legislative session. Although no permanent laws were enacted, districts are required in this new proviso to use flex funding to ensure safety precautions at each school.

1.73. (SDE: District Funding Flexibility) For Fiscal Year 2013-14, districts must utilize funding flexibility provided herein to ensure that district approved safety precautions are in place at every school.

Alternative fuel school bus pilot (1.74)

In this new proviso, pilot programs for buses using alternative fuels are authorized for school districts.

1.74. (SDE: Alternative Fuel School Bus Pilot) For the current fiscal year, the State Department of Education or any school district of the state is permitted to enter into an agreement to pilot school buses operated using alternative fuels.

Transportation maintenance facilities (1.76)

This new proviso authorizes school districts with privatized bus services to include school bus maintenance in the contract.

1.76. (SDE: Transportation Maintenance Facilities) For the current fiscal year, a school district wishing to include school bus maintenance in a contract with a private vendor may enter into an agreement with the Department of Education whereby the department releases the school district to include school bus maintenance in the private vendor contract.

School district activity bus advertisements (1.79)

As noted above in proviso 1.49, districts may sell advertising space on non-stated-owned buses with certain restrictions as outlined in this new proviso. Local school boards will need to establish guidelines for bus advertisement.

1.79. (SDE: School District Activity Bus Advertisements) School Districts may sell commercial advertising space on the outside or inside of district owned activity buses. However, as defined and determined by the local school board, a school district may not sell such commercial advertising if the advertisement promotes a political candidate, ideology, or cause, a product that could be harmful to children, or a product that appeals to the prurient interest. Revenue generated from the sale of commercial advertising space shall be retained by the school district.

Sale or lease of school district property (1.81)

This proviso, which was deleted from last year's budget as being a Senate rules violation, was added back this year. It authorizes school districts to sell or lease school property without seeking county approval.

1.81. (SDE: School District Property) The requirements of Section 59-19-250 of the 1976 Code, as amended, which requires the consent of a governing board of a county in order for school trustees to sell or lease school property whenever they deem it expedient to do so are suspended for the current fiscal year.

Digital instructional materials (1.82)

SCSBA's Delegate Assembly this year adopted a position supporting more flexibility for school districts in purchasing digital instructional materials. Along with a state appropriation of $4 million, the Legislature approved this new proviso establishing a limited process for districts to obtain these materials.

1.82. (SDE: Digital Instructional Materials) Utilizing the funds appropriated for digital instructional materials, the Department of Education shall determine a per pupil amount using the prior year's 135 ADM. These funds shall be made available to all school districts using the following procedure: (1) The Department of Education shall create a digital instructional materials list composed of those items which have been requested by districts and that have received Board approval; (2) Districts may request that the State Board of Education review digital instructional materials for inclusion on the list when the material has been reviewed by the district, received approval by the local board of trustees for use in its district and been found to reflect the substance and level of performance outlined in the state adopted grade specific educational standards, contain current content information, and are cost effective; (3) Within 30 days of receiving the request, the State Board of Education must approve or disapprove the district's request. Those materials receiving approval shall be placed on the department's approved digital instructional materials list. Once items are placed on the approved list, all districts may choose items from that list; and (4) On a form provided by the department, a district may request an allocation by denoting the number of students, grade level, and subject for which the digital materials will be used. Districts may only request digital materials in one subject area and may not receive textbooks for the students using digital materials in that subject area.

District requests must be submitted to the State Board of Education for consideration not later than August 15 of the current fiscal year. Any funds appropriated for digital instructional materials which have not been encumbered by January 15, shall be distributed to school districts which have not previously received an allocation These districts shall receive a per pupil allocation which must be used for technology infrastructure needed to prepare the district for using digital instructional materials. These funds shall not be subject to flexibility.

Child Development Education Pilot Program (1.83 and 1A.34)

With an infusion of $24 million, the Legislature this year expanded South Carolina's pilot 4-K program (CDEPP) to an additional 17 school districts that include a high percentage of "at-risk" students. Lawmakers, however, took the additional step of splitting the funds between public and private providers. Public providers will receive 65 percent, with private providers receiving 35 percent. See new proviso 1.87 below.

1.83. (SDE: Child Development Education Pilot Program) Due to the length of this proviso, see for the entire proviso.

Summer reading camps (1.84)

Although the General Assembly did not enact the proposed "Read to Succeed Act" this year, lawmakers appropriated $1.5 million for summer reading camps and adopted this new proviso setting out requirements for school districts regarding this initiative.

1.84. (SDE: Summer Reading Camps) For the current fiscal year, funds appropriated for summer reading camps must be allocated as follows: (1) $300,000 to the Department of Education to provide bus transportation for students attending the camps; and (2) the remainder on a per pupil allocation to each school district based on the number of students who scored Not Met 1 on the third grade reading and research assessment of the prior year's Palmetto Assessment of State Standards administration. The reading camps must provide an educational program offered in the summer by each local school district for students who are substantially not demonstrating reading proficiency at the end of third grade. The camp must be six to eight weeks long for four or five days each week and include at least five and one-half hours of instructional time daily. The camps must be taught by compensated, licensed teachers who have demonstrated substantial success in helping students comprehend grade-appropriate texts. Schools and districts should partner with county or school libraries, community organizations, faith-based institutions, pediatric and family practice medical personnel, businesses, and other groups to provide volunteers, mentors, tutors, space, or other support to assist with the provision of the summer reading camps. In addition, a district may offer summer reading camps for students who are not exhibiting reading proficiency in prekindergarten through grade 2 and may charge fees based on a sliding scale pursuant to Section 59-19-90 of the 1976 Code, as amended.

Educational credit for exceptional needs children (1.85)

Over the objections of the public education community, the Legislature enacted through this new proviso the Educational Credit for Exceptional Needs Children program. This private school tuition tax credit/voucher program is limited for now to only "exceptional needs" children. The fiscal impact to state revenues for this program is capped for now at $8 million that can be allocated in the form of tax credits for contributions to scholarship funding organizations (SFOs). Contributors to SFOs can only receive up to 60 percent in credits on their income tax liability.

1.85. (SDE: Educational Credit for Exceptional Needs Children) Due to the length of this proviso, see for the entire proviso.

Interscholastic Athletic Association dues (1.86)

The South Carolina High School League this year came under the General Assembly’s microscope as a result of League rulings that had highly visible local impacts. This new proviso seeks to establish controls over the League’s governance by placing certain restrictions on the use of public school funds with interscholastic athletic associations like the High School League.

1.86. (SDE: Interscholastic Athletic Association Dues) Due to the length of this proviso, see for the entire proviso.

CDEPP expansion (1.87)

In conjunction with the expansion of the Child Development Expansion Pilot Program (see proviso 1.83 above), the Legislature specifically disallows school districts building or adding additional space or displacing currently enrolled students to accommodate this expansion.

1.87. (SDE: CDEPP Expansion) If by October 1st, First Steps or the Department of Education determine they will not expend the full amount of the CDEPP expansion funds allocated to each they are permitted to transfer any unspent funds to the other, provided that they will be used for expansion. First Steps and the Department of Education must report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee no later than February 1st how many additional 4K programs have opened and how many additional students have been served. A public school district receiving funds pursuant to the provisions of the CDEPP expansion cannot build or add additional space, to include the addition of mobile units and also to include displacing currently enrolled students out of their current classrooms or schools, to accommodate students in a new 4-K program.

Teacher supplies (1A.12)

While leaving intact this continuing proviso regarding teacher supply funding, including the amount of $275 as well as procedures for disbursement, lawmakers amended it to include allowing income tax credits of up to $275 for private school teachers for school supplies.

1A.12. (SDE-EIA: XII.C.2-Teacher Supplies) Due to the length of this proviso, see for the entire proviso.

Adult education (1A.31)

The General Assembly amended this continuing resolution concerning adult education to include reporting requirements for school districts.

1A.31. (SDE-EIA: Adult Education) A minimum of thirty percent of the funds appropriated for adult education must be allocated to school districts to serve adult education students between the ages of seventeen and twenty-one who are enrolled in programs leading to a state high school diploma, state high school equivalency diploma (GED), or career readiness certificate (WorkKeys). The remaining funds will be allocated to districts based on a formula which includes target populations without a high school credential, program enrollment the previous school year, total hours of attendance the previous school year, and performance factors such as number of high school credentials and career readiness certificates awarded the previous school year. Overall levels of state funding must meet the federal requirement of state maintenance of effort. Each school district must collect information from both the student and the school including why the student has enrolled in Adult Education and whether or not the student is pursuing a GED or Diploma. The school district must then provide a quarterly report to the Department of Education and must include the unique student identifier. The department, in turn, will provide summary information to the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Finance Committee and the Senate Education Committee on the information.

Teacher salaries/SE Average (1A.43)

This continuing proviso establishes the projected Southeastern average teacher salary ($48,858) and requires that school districts provide teachers at least a one-step increase in salary. A two percent teacher pay increase mandated for budget year 2012-2013 was deleted.

1A.43. (SDE-EIA: XII.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 $48,858. 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.

The statewide minimum teacher salary schedule used in Fiscal Year 2012-13 will continue to be used in Fiscal Year 2013-14. 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. Funds appropriated in Part IA, Section 1, XII.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.

Aid to districts draw down (1A.57)

This new proviso requires school districts to work with local and state law enforcement agencies to update school safety plans in order to draw EIA Aid to Districts funding. The State Department of Education (SDE) must be notified of the updated plan by September 1.

1A.57. (SDE-EIA: XII.A.1 - Aid to Districts Draw Down) For Fiscal Year 2013-14, in order to draw down funds appropriated in Part IA, Section 1, XII.A.1, Aid to Districts, a school district must work with local law enforcement agencies, and when necessary, state law enforcement agencies in order to ensure that the district has an updated school safety plan in place. The safety plan must include safety directives in the classroom, a safe student and staff exit strategy and necessary safety staff. Notice of completion of the updated plan must be submitted to the Department of Education no later than September 1, 2013. The department must report to the Chairman of the House Ways and Means Committee, the Chairman of the House Education and Public Works Committee, the Chairman of the Senate Finance Committee and the Chairman of the Senate Education Committee by September 30, 2013, on any districts that failed to submit an updated plan.

South Carolina Success Program (1A.60)

This new proviso requires SDE to establish and implement by August 15 a South Carolina Success Program to be available to all school districts to provide among other things, online, interactive reading assessment and intervention for grades PreK-8.

1A.60. (SDE-EIA: South Carolina Success Program) Due to the length of this proviso, see for the entire proviso.

Pilot assessment (1A.62)

This new proviso, among other things, establishes a pilot assessment program for up to five school districts under which they may use an alternative assessment in grades 3 through 8 to measure student performance on English language arts, mathematics and science, and in high school, an alternative assessment to the HSAP test.

1A.62. (SDE-EIA: Pilot Assessment) In the current fiscal year and from funds appropriated, there is created a pilot assessment. The Education Oversight Committee may select no more than five school districts to participate in the pilot. To be eligible to participate in the pilot, a school district must have received an absolute rating of Excellent on its most recent state report card and a letter grade of "A" on the most recent federal report card. The district must request and receive approval from the Education Oversight Committee and the State Board of Education to use an alternative assessment to current state assessments in grades 3 through 8 to measure student performance on English language arts, mathematics and science, and in high school the district may use alternative assessments to the High School Assessment program to measure college and career readiness, or any combination thereof. The alternative assessments must be aligned to college and career readiness standards as approved by the State Board of Education and the Education Oversight Committee. The district may use financial flexibility to absorb any additional costs of the alternative assessments with state, local or other funds. The district must still administer the Palmetto Assessment of State Standards in grades 3 through 8 in social studies and the state end-of-course assessment program as funded with EIA revenues. Unless otherwise provided for in law, students graduating in the current fiscal year must still pass all exit exam requirements. The Education Oversight Committee, working with school districts in the pilot, must devise an alternative state district and school report card. In addition the Department of Education must request changes to its ESEA waiver to permit alternative and innovative approaches to assessment.

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