Legislative Update – May 23, 2014

The Republican candidate debate for superintendent of education will be televised on Tuesday, May 27th, from 7 to 8 p.m.  The debate will be televised by ETV and feature the eight Republican candidates.  The Republican candidates are Sally Atwater, Gary Burgess, Meka Childs, Amy Cofield, Sheri Few, Don Jordan, Elizabeth Moffly, and Molly Mitchell Spearman.

The Board of Economic Advisors revised their revenue forecast for the budget that takes effect on July 1.  The revision includes additions of $60.9M to the general fund, $18.6M to the lottery money and $6.3M to EIA. The additional money will allow legislators a little more flexibility with the Senate and House budget priorities.

As the session winds down, the House and Senate have turned their attention to their respective calendars and are spending more time on the floor. There were no committee meeting held this week pertaining to education policy.


The House adjourned debate on the state appropriations bill and S.516 (Read to Succeed) until Tuesday, May 27th.

S.940 (Education Capital Improvements Sales and Use Tax) The bill allows a county that does not collect a certain amount in accommodations tax to impose the sales tax so long as no portion of the county area is subject to more than two percent total sales tax.  Currently, the Education Capital Improvements Sales and Use Tax is limited to use by only Horry County and Charleston County school districts.  The bill was amended in the Senate to include 11 additional districts. The House Subcommittee amended it to include multi-district counties.  The bill received third reading as amended.

S.1219 ((Negotiated salaries)  The joint resolution allow school districts to uniformly negotiate salaries below the school district salary schedule for 2014-15 through the 2019-2020 school year for retired teachers who are not participants in the Teacher and Employee Retention Incentive program. The provisions of this section expire on July 1, 2020. The bill was recalled from Ways and Means and placed on the calendar.

S.1194 (Summer Reading Camps) The joint resolution allows districts to meet the requirements of the 2014 summer reading camps by using summer reading program funds in the current budget year to partner with the State Department of Education’s Summer Reader Loss Prevention Project.  The partnership must provide school districts with books to set up free book fairs for summer reading camp-identified students.  The students must be allowed to select eight books based on their reading ability level and interest.  The book fair must be held at the end of the school year with students taking their books home for the summer accompanied with a reading log to be completed by the student.  Also, a school district that uses these funds for the partnership may carry forward any unexpended funds to be used for summer reading camp programs. The joint resolution was signed by Governor Haley.

H. 4871 (Charter Schools) The bill exempts charter schools from all state and local taxation, except for sales tax, on their earnings and property whether owned or leased.  The House concurred with the Senate amendment and the bill was enrolled for ratification.

H.3893 (Common Core) The House concurred with the Senate amendments and the bill was enrolled for ratification.


Continued implementation of Common Core State Standards in ELA and math in 2014-15

Requires cyclical review of Common Core on or before January 1, 2015 for purpose of adopting SC college and career readiness state standards in 2015-2016. (Review will seek input on additions, changes, etc. to Common Core)


  • Removes SC from the Smarter Balanced Assessment Consortium and Smarter Balanced Assessment and prevents SC from administering Smarter Balanced Assessment
  • Continues WorkKeys and college and career readiness assessment in grade 11
  • Amends administration of PASS in science and social studies to all students in grades 4 through 8 beginning 2014-15
  • Establishes process for moving forward with state assessment in grades 3 through 8 in ELA and math for all students in grades 3 through 8 and for students in grades 9 and 10, if funds are available:

2014-15           Paper and pencil format

2015-16           Paper and pencil or computer format

2016-17           Computer format for all students

Executive Director of the Budget and Control Board will handle procurement that must be completed by September 30, 2014 for all assessments including the college and career readiness assessment. Neither the EOC nor State Board of Education will approve the assessment. Instead, a special panel composed of the following persons or their designee to provide input:

  • § chairman of the State Board of Education;
  • § chairman of the Education Oversight Committee;
  • § chairman of the Board of Directors for the South Carolina Chamber of Commerce;
  • § chairman of the South Carolina Commission on Higher Education;
  • § chairman of the South Carolina Technical College System Board; and
  • § State Superintendent of Education.


  • New Assessments implemented in 2014-15 and 2015-16 cannot be used to determine state ratings. Instead, the report cards issued for 2014-15 and 2015-16 will report on results only.
  • EOC will also recommend one system for state and federal accountability by fall of 2016.

Student Privacy

  • Establishes Data Use and Governance Policy to guarantee student privacy


H. 4921 (Negotiated salaries)  The joint resolution allow school districts to uniformly negotiate salaries below the school district salary schedule for the 2014-15 school year for retired teachers who are not participants in the Teacher and Employee Retention Incentive program. The joint resolution was signed by Governor Haley.

However, the full Senate Education Committee will meet Wednesday, May 28th at 10:00 and review the following bills:

H. 4061 (Sexual Abuse and Assault Awareness) The bill requires the State Board of Education to select or develop instructional units in sexual abuse and sexual assault awareness and prevention with separate units appropriate for each age level from four-year old kindergarten through twelfth grade.

H. 4914 (Students with a seizure condition) The bill authorizes certain school personnel to administer midazolam intranasally to students with a seizure condition. The bill also provides for immunity from liability with regard to administration of midazolam.

H. 4840 (High School Equivalency Diploma Accessibility Act) The bill requires that the State Board of Education to offer an alternative to the GED for individuals looking to receive a high school equivalency diploma. The bill was amended to include language that the test may be computer-based or offered in paper and pencil form.

H. 4458 (Winter holidays) The bill provides that a district may educate students about the history, customs and symbols of traditional winter celebrations including displaying scenes traditional associated with such celebrations.  The bill also states that students and staff may offer holiday greetings such as “Merry Christmas” or “Happy Hanukkah.”

H. 3905 (Back to Basics in Education Act of 2013) The bill requires that students are taught cursive writing and memorization of multiplication tables by the end of fifth grade.  The bill was amended to add cursive writing materials to the instructional materials adoption list.

H. 4650 (Proficiency-based credits) The bill requires the State Board of Education to establish an optional proficiency-based system as an alternative to traditional seat-time requirements. Normal requirements of 120 seat hours would not apply to credits earned through a proficiency-based course. Example courses include distance learning, online learning, independent study, etc. The system must be optional for each school district.

H.3435 (Comprehensive Health Education Act) The bill greatly alters the comprehensive health education programs implemented by school districts. The bill would require reproductive health instruction to be medically accurate, while changing the grade levels at which this instruction would be offered. Under the bill, students must receive 12.5 hours of health education instruction during the ninth or tenth grade. The State Board of Education would be required to develop a health instruction unit every two years, and districts would be required to use the unit unless the district develops its own health instruction unit annually. Additional changes include the teaching of contraceptive methods in relation to pregnancy and disease prevention, rather than just future family planning. Also, the bill would remove the restriction that male and female students must be taught this information separately. Teachers providing comprehensive health instruction would undergo professional development in either reproductive health or pregnancy prevention every two years, and have a certificate in health education by August 1, 2016. In order to ensure compliance, each district would have to send an annual report to the State Department of Education by June 15.

The following bill was referred to the Senate Judiciary Committee:

H.3532 (Childcare Providers) The bill directs the Citizen and Legislative Joint Committee on Children in conjunction with the Governor’s Child Care Advisory Board to hold public hearing and collect data on child care regulations.

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