TO: Board Chairmen, Superintendents, Council of School Attorneys Members,
Board Legislative Contacts and SCSBA Board of Directors
This booklet highlights significant education-related legislation, most of which was passed by the South Carolina General Assembly in 2012. It includes summaries of amended state regulations and other information items of interest to districts, as well as the relevant text of the state laws discussed and links to websites for other legislation.
After the summary of the legislation and the recommended district action, we have included policy references so that you may check the language in your existing policies to ensure that it does not conflict with a change in law. Policy references are the alphabetical codes based on the SCSBA model manual. Model policies, rules and forms are listed in the table of contents.
The 2012 Policy and Legislative Update is posted in a MS Word document and Adobe .pdf format at SCSBA’s website at www.scsba.org. The Adobe Acrobat Reader (.pdf) version is a read only file; however, it will print camera ready material if you would like to make hard copies. The MS Word document is a working document that you can cut and paste to help you create your district’s policies.
Each local school board must reflect and decide which policies it will adopt. In all instances, SCSBA does not mandate a particular policy or policy language. This booklet is not intended as a substitute for legal advice relating to your specific situation.
We enjoy working with you throughout the year and appreciate your support. We are always happy to help you with your policy needs and hope you will continue to call on us. For additional information on these or other policy issues, please contact any of the following staff members.
Scott T. Price Patricia E. Kinsey Duane Cooper
General Counsel Director of Policy Services Legislative Advocacy Coordinator
SCSBA 2008 Policy and Legislative Update Page 1 of 105
TABLE OF CONTENTS PART ONE
Broadband service 3
Charter schools 5
Model policy IHBH (Charter Schools) 7
Equal Access to Interscholastic Activities Act 9
Model policy JJ (Student Activities) 13
Model administrative rule JJ-R (Student Activities) 17
Model form JJ-E(1) 19
Model form JJ-E(2) 21
Jason Flatt Act 23
Model policy JLDBB (Self-Esteem Promotion/Suicide Prevention) 25
Joint resolutions on flexibility 27
Multiple lot discount 31
Retirement reform … 33
Model policy GCQE (Retirement of Professional Staff) 35
Model policy GDQC (Retirement of Support Staff) 37
Bath salts and synthetic marijuana … 39
Model policy ADB (Drug and Alcohol-Free Workplace and Schools) 41
Model policy GBEC (Drug and Alcohol-Free Workplace and Schools) 45
Training unlicensed persons in school …49
Model policy JLCF (School Nurses) 51
Teacher contracts …55
PART TWO
Court decisions 57
Off-campus religious instruction for credit 57
Legislative prayer 58
Freedom of Information Act and agenda amendments 60
Teacher contract non-renewal; board hearing 61
Model policy BEDB (Board Agenda) 63
Local law report 65
Regulations 67
Credential classification 67
Requirements for additional areas of certification 67
Adult education program 68
Special education, education of students with disabilities 68
Criteria for entry into programs of special education students with disabilities 68
End-of-course tests 69
At-risk students 69
Procedures and review of charter school application 69
2012 State Regulations Status Table 71
Temporary provisos 73
BROADBAND SERVICE
Effective date: See below
Summary: This year the General Assembly passed legislation which is seen by many in the local government community as restrictive and limits local government capacity to provide broadband services to all areas within their community. Opponents of this new law believe its passage ultimately bans community based broadband service in South Carolina.
Small and rural communities previously were able to apply for federal grants to help provide broadband services to areas within their community if commercial broadband providers declined to expand services to those areas. Major carriers often based their decisions on providing service/coverage on the number of possible customers and potential profit for servicing those areas. Commercial providers complained that existing law established an unfair advantage because they (commercial providers) cannot compete with government subsidized services.
South Carolina has consistently ranked near the bottom for providing broadband options for its residents. The reasons for this ranking can be tied to a significant number of South Carolinians unable to afford major carriers’ prices for service or major carriers’ unwillingness to provide service. Opponents argue that the new law greatly restricts or prevents local government from building next-generation networks, even in cases where private providers refuse to provide service. In addition, the new law puts current projects already in work in jeopardy. Opponents believe the new law only strengthens and protects major carriers’ monopoly at the detriment of businesses and individuals needing better access to the Internet.
Lawmakers did add several exemptions to the new law if a community network obtains an “unserved” designation by the South Carolina Public Service Commission; however, many feel the exemptions are nearly impossible to qualify for, or the criteria is highly unlikely to be met.
Community networks can be deemed “unserved” if both of the following apply.
· The county is a persistently poverty county and at least 75 percent of the households in a 2010 census track have either no broadband service or only have access to service from a satellite provider.
· At least 90 percent of the households in the county have no broadband service or only have access to service from a satellite provider.
If a county qualifies as “unserved” and pursues a community network to provide service, the designation can be challenged by a resident or competitive service provider. Opponents of the new law advocate that large carriers can afford to routinely file objections which could ultimately stifle or delay efforts of the community network.
Local district action required: No policy action is required.
Policy reference: NA
Text: The text of this law may be found at www.scstatehouse.gov. Click on Current Legislation; Bill, Act or Rat #; and enter 3508 (House bill 3508) for the search.
CHARTER SCHOOLS
Effective Date: May 14, 2012
Summary: The General Assembly in May enacted sweeping changes to the state’s Charter School Act of 2006 in an effort to, among other things, clarify and bring parity to how charter schools interact with traditional public schools. Significant changes include redefining a charter school contract and how services are to be negotiated, enabling higher education entities as sponsors, statutory authority for single-gender charter schools, protections for conversion schools, inclusion of charter students in public school extracurricular activities and many others that are outlined below. SCSBA supported some of the changes to the Charter Act and did not support others. Several of the changes will have policy implications for school districts and are covered in more detail below.
In brief, changes to the Charter School Act include the following.
· Allows institutions of higher education - public and private - to voluntarily sponsor charter schools.
· Provides that a charter school is eligible for federal, state or districtsponsored interscholastic leagues, competitions, awards, scholarships, grants and recognition programs for students, educators, administrators, staff and schools to the same extent as other public schools.
· States that charter school students are eligible to compete for, and if selected, participate in extracurricular activities, including athletics, at their resident public school if that activity or athletic team is not offered by the charter school they attend. A “resident public school” is the school the student would attend if they were not enrolled in the charter school.
- Charter students must pay the same fees that other students pay to participate and are eligible for fee waivers available to other students.
- Charter students must meet the same eligibility standards as applied to full-time students of the resident school.
- Districts may not impose additional requirements on charter students that are not imposed on the full-time students of the resident school.
“Extracurricular activities” is not defined in the Act.
· Makes changes concerning conversion charter schools.
- Provides that for the duration of a converted charter’s contract with a sponsor, a converted school may retain occupancy and use of the school’s facility or facilities and all equipment, furniture and supplies that were available to the school before it converted, in the same manner, with no additional fees or charges.
- While the vote required from parents, faculty and instructional staff for a conversion did not change, the vote of the local school board approving a conversion must be a two-thirds majority if the proposed conversion school has bond debt attached to it that is the result of a referendum.
- Establishes a funding formula for conversion schools that occur after the effective date of the Act (i.e., May 14, 2012) that is based on the previous year’s revenues, expenditures and other applicable factors pertaining to that particular converted charter school.
· Prohibits unlawful reprisal against an employee of a school district who is directly or indirectly involved in an application to establish a public charter school.
· Authorizes creation of single-gender public charter schools.
· Requires school districts to release funds for public charter schools in a timely manner, and provides that failure to do so may result in a fine levied on the school district in an amount equivalent to the withheld funds.
· Increases the timeline for the charter school application process from 60 to 90 days for the state Charter School Advisory Committee (upon receipt of the application) to determine if an application is in compliance, and from 30 to 45 days for a local school board to rule on the charter application in a public hearing.
· Changes the nature of the charter school contract so that the approved charter application is no longer considered to be the charter contract. A separate contract between the charter and the sponsor must be negotiated, and the South Carolina Department of Education is to develop a contract template that must be used by the parties as a foundation for the contract.
· Modifies the election process for charter school boards to, among other things, extend elections to every two years (instead of annually) and to clarify that board members may serve multiple terms.
Finally, changes to the Charter School Act this year include the creation of “schools of choice” by which a local district may establish such a school and - with a two-thirds majority vote of the district board and with state board of education approval - exempt the school from state statutes and regulations. Certain federal and state law areas dealing with discrimination, health, safety and others may not be exempted.
Local district action required: There are several policy implications from this year’s changes to the Charter School Act. Districts will need to modify their current charter schools policy to include references to public and private institutions of higher education as sponsors. Student activities policies will now need to include information about charter school students.
Policy reference: IHBH (Charter Schools). JJ (Student Activities). JJI [Interscholastic Athletics (Student Athletics)].
Model policy for IHBH follows text of law. Also model policy JJ under Equal Access to Interscholastic Activities Act, page 13.
Text: The text of this law may be found at www.scstatehouse.gov. Click on Current Legislation; Bill, Act or Rat #; and enter 3241 (House bill 3241) for the search.
Policy
CHARTER SCHOOLS
Code IHBH Issued MODEL/12
Purpose: To establish the basic structure for the establishment and operation of charter schools within the district.
To achieve its goal of promoting diversity, educational improvement and academic excellence for all students, the board supports the establishment of charter schools within the district.
A charter school is a public, nonreligious, nonhome-based, nonprofit corporation forming a school that operates by sponsorship of a public school district, the South Carolina Public Charter School District or a public or independent institution of higher learning, but is accountable to the board, or in the case of technical colleges, the area commission, of the sponsor that grants its charter.
A charter school is considered a public school and will meet the following conditions.
· Be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services (by law, however, a single gender charter school may be formed without regard to the gender makeup of the charter school). Enrollment must not differ from the racial composition of the district or that of the targeted student population of the charter school by more than 20 percent.
· Open enrollment to any child who resides in the district subject to space limitations. The charter school will not charge tuition or charges of any other kind unless allowed by the sponsor and as comparable to the charges of the district in which the charter school is located.
· Assume responsibility for its own operation including preparation of a budget, contracting for services, audits, curriculum and personnel matters.
· Have an education program, curriculum and student achievement standards that meet or exceed any content standards adopted by the state board of education and the sponsor.
· Follow the application process as required by law. In the case of sponsorship by the South Carolina Public Charter School District or a public or independent institution of higher learning, the applicant must provide notice of the application to the district for informational purposes only.
A charter school is eligible for federally-sponsored, state-sponsored or district-sponsored interscholastic leagues, competitions, awards, scholarships, grants and recognition programs for students, educators, administrators, staff and schools to the same extent as other public schools.