South Carolina General Assembly

115th Session, 2003-2004

A89, R163, H3361

STATUS INFORMATION

General Bill

Sponsors: Rep. Cato

Document Path: l:\council\bills\pt\1181sl03.doc

Introduced in the House on January 21, 2003

Introduced in the Senate on February 13, 2003

Last Amended on June 5, 2003

Passed by the General Assembly on June 5, 2003

Governor's Action: July 23, 2003, Signed

Summary: School make-up days; further provide for procedures and requirements

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/21/2003HouseIntroduced and read first time HJ6

1/21/2003HouseReferred to Committee on Education and Public WorksHJ6

2/5/2003HouseCommittee report: Favorable with amendment Education and Public WorksHJ17

2/6/2003Scrivener's error corrected

2/11/2003HouseRequests for debateRep(s).Townsend, Cato, Tripp, Barfield, Viers, Vaughn, Leach, Phillips, Witherspoon, JH Neal, Lloyd, Ott, Martin, Sinclair, Gilham, Keegan, Hosey, MoodyLawrence, Miller and Kennedy HJ22

2/12/2003HouseAmended HJ32

2/12/2003HouseRead second time HJ36

2/12/2003HouseRoll call Yeas94 Nays18 HJ36

2/13/2003HouseRead third time and sent to Senate HJ21

2/13/2003SenateIntroduced and read first time SJ7

2/13/2003SenateReferred to Committee on EducationSJ7

4/1/2003SenateCommittee report: Favorable with amendment EducationSJ6

4/23/2003SenateAmended SJ60

4/23/2003SenateRead second time SJ60

4/23/2003SenateOrdered to third reading with notice of amendments SJ60

4/24/2003SenateRead third time and returned to House with amendments SJ48

4/24/2003Scrivener's error corrected

4/30/2003HouseSenate amendment amended HJ39

4/30/2003HouseReturned to Senate with amendments HJ40

5/1/2003SenateNonconcurrence in House amendment SJ16

5/6/2003HouseHouse insists upon amendment and conference committee appointed Reps.Townsend, Miller and Walker HJ7

5/8/2003SenateConference committee appointed Senators Martin, Hayes, Rankin SJ8

6/5/2003SenateFree conference powers granted SJ257

6/5/2003SenateFree conference committee appointed Sens.Hayes, Martin, Rankin SJ257

6/5/2003SenateFree conference report received and adopted SJ257

6/5/2003HouseFree conference powers granted HJ270

6/5/2003HouseFree conference committee appointed Townsend, Miller and Walker HJ271

6/5/2003HouseFree conference report received and adopted HJ271

6/5/2003SenateOrdered enrolled for ratification SJ261

6/5/2003Ratified R 163

7/23/2003Signed By Governor

7/31/2003Copies available

7/31/2003Effective date 07/23/03

8/18/2003Act No.89

VERSIONS OF THIS BILL

1/21/2003

2/5/2003

2/6/2003

2/12/2003

4/1/2003

4/23/2003

4/24/2003

4/30/2003

6/5/2003

(A89, R163, H3361)

AN ACT TO AMEND SECTION 591430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT SCHOOL DAYS MISSED DUE TO WEATHER CONDITIONS MUST BE MADE UP, SO AS TO ALSO INCLUDE DAYS MISSED FOR OTHER DISRUPTIONS, TO REQUIRE SCHOOL DISTRICTS TO DESIGNATE THREE MAKE-UP DAYS ANNUALLY, TO AUTHORIZE LENGTHENING OF SCHOOL DAYS OR OPERATING ON SATURDAY IF THE DESIGNATED DAYS HAVE BEEN USED, AND TO AUTHORIZE LEGISLATION WAIVING THE REQUIREMENT TO MAKE UP DAYS AND LEGISLATION AUTHORIZING A SCHOOL BOARD TO FORGIVE UP TO THREE DAYS MISSED; TO AMEND SECTION 591420, AS AMENDED, RELATING TO THE LENGTH OF THE STATUTORY SCHOOL TERM, SO AS TO CROSS REFERENCE THE EXCEPTION PROVIDED FOR IN SECTION 591430; TO AMEND SECTION 591990, AS AMENDED, RELATING TO POWERS AND DUTIES OF SCHOOL BOARD TRUSTEES, SO AS TO REQUIRE TRUSTEES TO ESTABLISH THE ANNUAL SCHOOL CALENDAR, INCLUDING, AMONG OTHER THINGS, START AND END DATES AND MAKEUP DAYS; TO ADD SECTION 59181310 SO AS TO CONSOLIDATE CERTAIN STRATEGIC PLANS AND IMPROVEMENT REPORTS REQUIRED OF PUBLIC SCHOOLS AND DISTRICTS AND TO REVISE THE DATES FOR SUBMITTING THESE REPORTS; TO AMEND SECTION 5918360, RELATING TO THE REVIEW OF THE STATE STANDARDS AND ASSESSMENTS OF EACH ACADEMIC AREA CONDUCTED BY THE STATE BOARD OF EDUCATION AND THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO CHANGE THIS REVIEW TO A MINIMUM OF ONCE EVERY SEVEN, RATHER THAN FOUR, YEARS; TO ADD SECTION 5963333 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO CONFORM CERTAIN PROVISIONS OF THE SCHOOL CRIME REPORT ACT TO COMPLY WITH THE FEDERAL “NO CHILD LEFT BEHIND ACT OF 2001” WHICH REQUIRES REPORTS ON PERSISTENTLY DANGEROUS SCHOOLS AND CRIMES RESULTING IN SUSPENSIONS AND EXPULSIONS AND TO CONFORM CERTAIN STUDENT HANDBOOK PROVISIONS WITH THESE REQUIREMENTS; AND TO REPEAL SECTION 59571 RELATING TO THE STATEWIDE UNIFORM STARTING DATE FOR PUBLIC SCHOOLS.

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

School makeup days to be designated; exceptions

SECTION1.Section 591430 of the 1976 Code is amended to read:

“Section 59-1-430.(A) Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close must be made up. All school districts shall designate annually at least three days within their school calendars to be used as makeup days in the event of these occurrences. If those designated days have been used or are no longer available, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed or operate schools on Saturday. Schools operating on a fourbyfour block schedule shall make every effort to make up the time during the semester in which the days are missed. A plan to make up days by lengthening the school day must be approved by the State Department of Education before implementation. Tutorial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board. If a local school board authorizes makeup days on Saturdays, tutorial instruction normally offered on Saturday for seventh through twelfth graders must be scheduled at an alternative time.

(B)The General Assembly may introduce legislation to waive the requirements of making up missed days or, through legislation, may authorize the school board of trustees to forgive up to three days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close. A waiver granted by the local board of trustees of the requirement for making up missed days also must be authorized through a majority vote of the local school board.”

Length of school term conformed to exceptions

SECTION2.Section 591420(A) of the 1976 Code, as last amended by Act 393 of 2000, is further amended to read:

“(A) Beginning with school year 20002001, the statutory school term is one hundred ninety days annually and at least one hundred eighty days must be used for student instruction, except as provided in Section 591430(B). Of the remaining ten days, no more than two days may be used for preparation of opening of schools. Three days must be used for collegial professional development based upon the educational standards as required by Section 5918300 of the Education Accountability Act. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers’ knowledge in their content area, teaching techniques, and assessment. The remaining five days may be used for teacher planning, academic plans, and parent conferences.”

School boards to set annual calendar

SECTION3.Section 591990 of the 1976 Code, as last amended by Act 21 of 2003, is further amended by adding an appropriately numbered subsection to read:

“( )Establish the annual calendar. Have the authority to establish an annual school calendar for students, faculty, and staff to include starting dates, ending dates, holidays, makeup days, inservice days, and professional development days.”

Reports consolidated; submission dates

SECTION4.Chapter 18, Title 59 of the 1976 Code is amended by adding:

“Section 59181310.The strategic plans and improvement reports required of the public schools and districts in Sections 59181300, 59181500, and 592060 are consolidated and reported as follows: district and school fiveyear plans and annual updates and district programmatic reports, and school reports developed in conjunction with the school improvement council to parents and constituents to include recommendations of any Education Accountability Act external review teams as approved by the State Board of Education and the steps being taken to address the recommendations, and the advertisement of this report are due on a date established by the Department of Education, but no later than April thirtieth annually; schools reviewed by external review teams shall prepare a report to the parents and constituents of the school, to be developed in conjunction with the School Improvement Council, and this report shall be provided and advertised no later than April thirtieth annually. The school report card narrative in Section 5918900 continues on its prescribed date.”

Academic area review every seven years

SECTION5.Section 5918360 of the 1976 Code, as added by Act 400 of 1998, is further amended to read:

“Section 5918360.The State Board of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. At a minimum, each academic area should be reviewed and updated every seven years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee for its consideration. After approval by the Education Oversight Committee, the recommendations may be implemented. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, must examine the standards and assessment system to determine rigor and relevancy.”

Requirement to conform to federal “No Child Left Behind Act”

SECTION6.Chapter 63, Title 59 of the 1976 Code is amended by adding:

“Section 5963333.The State Department of Education shall conform the requirements of Sections 5963310 through 5963340 on school crime so as to fulfill the provisions of the ‘No Child Left Behind Act of 2001’ (20 U.S.C. Section 7912) which includes reports on persistently dangerous schools and on the frequency, seriousness, and incidence of violence and drugrelated offenses resulting in suspensions and expulsions in elementary and secondary schools. A summary of the provisions of Article 4, Chapter 63 of Title 59 and Section 163612 required to be included in the school’s student handbook each year must be revised to conform with the requirements of this section.”

Repeal

SECTION7.Section 59571 of the 1976 Code is repealed.

Time effective

SECTION8.This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2003.

Approved the 23rd day of July, 2003.

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