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 Updateis 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
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 abandonedbuildings 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 regardingfiling 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 thenew 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 schoolyear 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 studentathlete 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: SCSBArecommends 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 JLCEEIssued 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.
PAGE 2 - JLCEE-CONCUSSIONS AND STUDENT ATHLETES
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:
- Section 59-63-75,etseq. - Concussions and student athletes.
Administrative Rule