Education and Public Works

Representative Ronald P. Townsend
Chairman

Sandra M. Smith
Director of Research

Richard P. Fulmer
Staff Attorney

Donna G. Tinsley
Executive Secretary

Currently, the board of commissioners of the South Carolina School for the Deaf and Blind consists of 9 members appointed by the Governor, of whom 6 represent the state's congressional districts and 3 serve as "at-large" appointees. (Ex-officio members of this board include the State Superintendent of Education and the executive officer of the Department of Health and Environmental Control.) Prior to passage of this act, at least 1 of the at-large appointees had to be deaf, while at least 1 of those at-large appointees had to be blind. This act changes the qualification requirements for these at-large appointees so that 1 member must be blind, 1 member must be deaf, and the other at-large member must represent the interests of persons with multiple handicaps.

Signed June 12, 1995.

This act grants counties a new method for financing transportation projects. Subject to voter approval, a county may impose either a 1 percent sales and use tax or assess tolls (but not both) to fund a specific transportation project.

If a county elects to impose the additional tax, then the governing may pass an ordinance imposing it, subject to approval in a public referendum. If voters approve the referendum, then the county may issue bonds to fund the project.

The act grants to counties the flexibility to act alone, in partnership with other counties, or with the South Carolina Department of Transportation (DOT). Counties may create a transportation authority to aid in the construction and operation of the project; however, creation of an authority is mandatory if local tolls are assessed. If the county acts alone, then the county governing body appoints the board of the transportation authority. If the DOT is a partner, then the Highway Commission must designate appointees to the board, subject to an intergovernmental agreement.

The act sets forth the specific requirements for holding the referendum, including dates and format. After 1995, sales tax referendums may be held only at the time of the general election. The referendum must contain a question on the authorization of general obligation bonds with any proposal to increase a county's sales tax. The referendum also must specify the project, the length of time the tax will be imposed (not exceeding 25 years), and the estimated capital cost of the project. A local sales tax or toll must terminate within the period of time specified in the referendum or when the tax or toll has raised sufficient funds to complete the project, whichever is earlier.

Became law without signature of Governor on May 18, 1995.

This act allows a student with a documented learning disability in math (dyscalculia) and other documented learning disabilities in math to use a calculator on the exit exam as a means of accommodating his/her mathematical learning disability. Students with dyscalculia understand how to solve a mathematical problem but cannot perform calculations.

Signed June 12, 1995.

This act reduces from 18 to 14 the number of members serving on the Commission on Higher Education, with the new composition of the commission being as follows:

(a) Six members representing the state's congressional districts (one from each district), with the governor appointing these members upon recommendation of a majority of each congressional district's legislative delegation. These members may serve a maximum of two consecutive four-year terms and must have experience in business, education of future leaders and teachers, management, or policy.

(b) Three "at-large" members appointed by the Governor with the advice and consent of the Senate. Like the congressional representatives, the at-large members also may serve a maximum of two consecutive four-year terms and must have experience in an area of business, education of future leaders, management, or policy.

(c) Three ex-officio members representing the state's public colleges and universities. These members must serve on the governing boards of public colleges and universities, with the research institutions, four-year institutions, and technical colleges each represented by a member. These members also must be appointed by the governor with the advice and consent of the Senate. These appointees serve two-year terms, with no consecutive terms being permitted.

(d) One ex-officio member must be appointed by the governor with the advice and consent of the Senate from the Advisory Council of Private College Presidents for one two-year term.

(e) One member will be appointed by the Governor with the advice and consent of the Senate from the state at-large to serve as the chairman. This member may serve two consecutive four-year terms but may only serve one term as chairman.

The transition of membership is to occur July 1, 1996. A current member who has not served the majority of his/her two-term may be reappointed for one additional term.

The act also outlines additional duties and functions of the Commission, as follows:

1. establishing procedures for transferability of courses between two-year and four-year institutions;
2. coordinating with the State Board of Education secondary education courses for minimum college entrance requirements; and
3. review minimum undergraduate admission standards for in-state and out-of-state students.

This act also establishes a joint legislative committee to conduct a study of higher education. This committee is composed of twelve members, of whom four members must be appointed by the Speaker of the House (from the body of the House), four members must be appointed by the President Pro Tempore of the Senate (from the body of the Senate), and four members must be appointed by the Governor. Two of the Governor's appointments must represent the business community, with one member required to be an institutional trustee elected by the General Assembly, and one member required to be a member of the Commission on Higher Education. The chairman of this committee is to be elected from among the membership of the committee. This study committee will:

1. review the current governance structure;
2. examine national governance trends, including advantages and disadvantages of an oversight role;
3. examine the lines of authority between boards of trustees and the Commission on Higher Education;
4. investigate how higher education opportunities are provided to students; and
5. solicit topics to study from the higher education institutions and the Commission on Higher Education.

This study will be completed by February 1, 1996.

Signed June 28, 1995.

Prior to passage of this joint resolution, truck registration cards and identification markers were scheduled to expire on March 31, 1995. With passage of S.414, however, the expiration date is delayed to December 31, 1995. The South Carolina Department of Revenue is still required to register and collect the required fee, but is not required to issue new identification markers or registration cards.

Passage of this joint resolution was necessary because of South Carolina's entrance into the International Fuel Tax Agreement (IFTA) effective January 1, 1996. If this joint resolution had not been approved, then South Carolina truckers and the Department of Revenue would have had the administrative hardship of a complete reissuance of registration cards and identification markers, with the cards and markers valid only until December 31, 1995.

Signed March 7, 1995.

This act requires a district board of trustees to expel for no less than one year a pupil who is determined to have brought a firearm to a school or any setting under the jurisdiction of the local board of trustees. The one-year expulsion is subject to modification by the district superintendent on a case-by-case basis. The student is not precluded from receiving educational services in an alternative setting. The act also requires the local board to establish a policy requiring the student to be referred to the local county office of the Department of Juvenile Justice or its representative.

Signed May 17, 1995.

This act defines a special classification of business entity referred to as a "wholesale motor vehicle auction." A wholesale motor vehicle auction provides auction services of motor vehicles in wholesale transactions. The auction is not deemed to be an owner, seller, transferor, or assignor of title to the vehicle. The act requires wholesale motor vehicle auctions to be licensed by the South Carolina Department of Public Safety and mandates certain record keeping and surety bond requirements.

S.547 permits issuance of wholesale motor vehicle license plates at a cost of $20 each. These license plates must be used "exclusively" for the transporting of motor vehicles in the course of doing business as a wholesale motor vehicle auction. Improper use of a wholesale motor vehicle license plate is a misdemeanor punishable by a fine of $500.

The documentation evidencing transport in the ordinary course of doing business as a wholesale motor vehicle auction must be by a form approved by the Department of Revenue. A wholesale motor vehicle auction cannot be issued more than 75 license plates, with all license plates expiring 12 months from the month of issuance.

Signed June 12, 1995.

This act extends from 10 to 45 days the length of time permitted to mail or deliver a motor vehicle certificate of title to the South Carolina Department of Revenue.

Signed May 17, 1995.

This bill allows the board of trustees of a school district to grant credit as an elective to a pupil who satisfactorily completes a high school course in American sign language.

Status: Pending in the Senate Education Committee.

This bill requires all persons elected or appointed as members of a school district board of trustees after July 1, 1995, to successfully complete within one year of taking office an orientation in the powers, duties, and responsibilities of a board member. This bill also requires the State Department of Education to reimburse any school district or county board of education conducting an orientation for a new board member at the rate of $80 per member, provided that the total reimbursements by the department in any one fiscal year shall not exceed $10,000. If the total projected cost of these reimbursements for any year exceeds $10,000, then the $80 reimbursement per new member must be reduced proportionately. The bill stipulates that should funds not be available for the reimbursements, then the board member orientation is not required but may be conducted at the option of a school district or county board.

Status: Continued on House Calendar on May 17, 1995.

This bill grants to each parent, whether the custodial or noncustodial parent of the child, the right to participate in their children's school activities where authorized by order of the court.

Status: Pending in the Senate Education Committee.

This bill provides for the establishment of charter schools within the state's public school districts. A charter school is defined as one that is public, nonsectarian, nonreligious, nonhome-based, and nonprofit, and which operates within a public school district but is accountable to the local school district board of trustees of the district which grants its charter. A charter school must be administered and governed by a governing body and cannot charge tuition. Enrollment in a charter school must be open to any child residing within the school district, although if applications for enrollment in the school exceed available spaces, then pupils must be chosen by a random selection process. Charter schools are exempt from laws and regulations applicable to public schools except for antidiscriminatory laws and health and safety standards. Charter schools cannot hire noncertified teachers in a ratio higher than 20 percent of its entire teacher staff.

Any applicant wishing to form a charter school must organize the school as a nonprofit corporation under South Carolina law, elect a governing board, and submit an application to the local school board of trustees for the school district where the school will be located. The application must be a proposed agreement detailing the school's mission statement, goals, objectives, pupil achievement standards, evidence of support for its formation, etc. Charters for these school may be approved or renewed for a period not exceeding three years. Specific conditions are listed in the bill under which a charter may be revoked or not renewed. Existing public schools may be converted into charter schools if two-thirds of the school's faculty and instructional staff and two-thirds of the parents/legal guardians of students enrolled at the school agree with filing an application for conversion and formation of that school into a charter school.

The bill also allows the General Assembly to establish a separate fund within the state general fund called a stimulus fund. This money would be utilized to provide financial support to charter school applicants and to charter schools for start-up costs and costs associated with renovation and remodeling existing buildings and structures. Each qualifying charter school applicant or charter school may be awarded an initial grant not exceeding $100,000 during or before the first year of the school's operation. Those receiving initial grants may apply for an additional grant not exceeding $100,000.

Status: Pending in the House Education and Public Works Committee.

This bill permits a home school student to participate in interscholastic activities of the school district in which the student resides. A proposed subcommittee amendment defines interscholastic activities as activities that include but are not limited to athletics, music, speech, and other related activities that do not require enrollment in a regular course of study in public school. This proposed amendment by the subcommittee sets the following conditions as eligibility requirements for home schooled students to participate:

1. resides in attendance boundary of the school for which the student competes;
2. meets local school district and S.C. High School League rules, including age, semesters, physical examination, parental permission, academic course load, and academic performance. Academic performance will be determined by providing the school administrator with acceptable documentation that confirms the student is meeting the state's academic requirements for interscholastic competition;
3. has not been ruled academically ineligible while enrolled as a public school student within the last two years;
4. meets school district and High School League standards for behavior and citizenship; and
5. meets team standards for practice and conduct.

Status: Pending in the House Education and Public Works Committee.

This bill changes the requirements for graduation in science and math. Currently, of the 20 units required for high school graduation, a minimum of three units must be earned in mathematics and a minimum of two units must be earned in science. Beginning with the school year (ninth graders in ) the minimum unit requirements for math would be four and the minimum unit requirements for science would be three. These courses would be taken from the seven elective units already required for graduation.

Status: Pending in the Senate Education Committee.

This bill requires the election of school trustees in any school district. Beginning in 1996 and every two years thereafter as appropriate, members of the boards of trustees for the school districts must be elected in nonpartisan elections to be conducted at the same time as the general election. Current board members whose terms expire in an odd- numbered year shall continue to serve until successors are elected and qualify in the next ensuing even-numbered year. Candidates for these offices which are filled by nonpartisan election on this act's effective date must be nominated by the method provided by law for that office, while candidates for offices filled by partisan election at the time this act becomes effective must be nominated either by petition or by filing a declaration of candidacy with the appropriate election commission or authority conducting the election.

Status: Pending in the Senate Education Committee.

This bill creates a special "Antique Dealer License Plate" which the Department of Revenue may issue to licensed motor vehicle dealers. These plates must be used only on antique motor vehicles.

Use by a prospective dealer is limited to seven days, and the dealer must provide the prospective purchaser with a dated demonstration certificate. The plates cost $20 each. For purposes of this bill, an "antique motor vehicle" is a vehicle which is over 30 years old.

Status: Pending in Conference Committee.

House Bill 3767 would eliminate the granting of tenure at public colleges and universities. Within two years after the effective date of the bill, the public college or university with tenured faculty must develop a new employment relationship that is acceptable to both parties and one component of which must eliminate tenure as a part of the employment relationship.

Status: Pending in the House Education and Public Works Committee.

Current law sets a number of requirements about performance and leadership assessments and standards for school administrators. This bill deletes a number of current assessment requirements, replacing them with the following provisions:

1. Those persons being considered for principalships are required to construct a personal professional development plan based on his/her assessment of instructional leadership and management capabilities conducted by the South Carolina State Department of Education Assessment Center prior to or within one year of the date of appointment. The assessment report is forwarded to the district superintendent.
2. School administrators are required to develop or update annually an individual professional development plan. This plan must support individual growth and organizational needs as defined by the districts' strategic plans or school renewal plans.
3. The evaluation of school administrators is required to be in part related to the individual professional development plan and the successful implementation of either the district strategic plan or the school renewal plan. The evaluation of a school superintendent is the responsibility of the governing board of the local school district and all other school administrators' evaluations are the responsibility of the superintendent or his/her designee.
4. Teachers are required annually to develop and participate in an individual professional development plan appropriate for their contract level, with the plan supporting their individual growth and organizational needs as defined by the districts' strategic plans or school renewal plans.

Status: Pending in the Senate Education Committee.

H. 3905 charges a fee to parents who send their child to a school in a district in which they do not reside. This bill requires parents to pay the difference between the school tax portion of their property tax on the nonresidential property and the district's local cost of educating their child. The cost of educating a child within a particular district must be determined annually by that school district. The district may waive all or a portion of the payment. If payment to the school district is not made within a reasonable time (as determined by the district), then the child must be removed from the school after notice is given.

Status: Pending in the Senate Education Committee.

This bill would restructure the manner in which the Department of Transportation is governed as follows:

1. eliminate the commission governing DOT;
2. require the director of the DOT to be appointed by and serve at the pleasure of the governor;
3. exempt from the state employee grievance procedure top level DOT employees (including district engineers), thereby rendering them "at-will" employees; and
4. permit the director to create an advisory committee to advise him on departmental policy.

Status: Pending in the House Education and Public Works Committee.