US Laws, Codes, Statutes & Cases

This regulation database is current through State Register Volume 29, Issue 10, effective October 28, 2005. Changes to the regulations enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some regulations approved by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

(Statutory Authority: S.C. Code Ann. Sections 59-5-60 (1990), 59-5-65 (Supp. 2002), 59-18-110 (Supp. 2002), 59-18-300 (Supp. 2002), 59-18-310(B) (Supp. 2002) and 59-18-320(C) (Supp. 2002), 59-29-10, et seq. (1990 and Supp. 2002), 59-29-200 (1990), 59-33-30 (1990), 59-53-1810 (1990), 20 U.S.C. Section 1232(g), and 20 U.S.C. Section 6301 et seq. (2001))

(Statutory Authority: S.C. Code Ann. Sections 59-5-60 (1990) and 59-25-110 (1990))

43-50. Persons Required to Hold a Teaching Certificate.

Each individual employed in an instructional, classroom teaching position or who serves in a position designed for the support of the instructional program in a public school of this state must hold an appropriate South Carolina teaching credential. The licensing of related educational professionals in the areas of Audiology, Nursing, and Social Work is remanded to the established licensing boards effective July 1, 2000. Individuals employed as Trade and Industrial teachers are required to meet all general certification requirements except where specified otherwise.

43-51. Certification Requirements.

I. Requirements for Certification

The applicant must meet all requirements for certification that are in effect in the current application year (July 1-June 30). The responsibility for providing accurate and complete documentation of eligibility for certification is that of the applicant. To qualify for certification in South Carolina, the applicant must fulfill the following requirements:

A. Earn a bachelor's or master's degree either from an institution that has a state-approved teacher education program and is accredited for general collegiate purposes by a regional accreditation association, or from a South Carolina institution that has programs approved for teacher education by the State Board of Education, or from an institution that has programs approved for teacher education by the National Council for Accreditation of Teacher Education (NCATE). Professional education credit must be earned through an institution that has a teacher education program approved for initial certification.

1. Graduate degrees acceptable for certificate advancement include academic or professional degrees in the field of education or in an academic area for which a corresponding or relevant teaching area is authorized by the State Board of Education.

2. All credit at the graduate level must be earned through the graduate school of an institution that is accredited for general collegiate purposes by a regional accreditation association and that has a regular graduate division that meets regional accreditation requirements. Graduate credit can also be earned through a South Carolina institution that has graduate programs approved for teacher education by the State Board of Education or through an institution that has graduate programs approved for teacher education by the National Council for Accreditation of Teacher Education (NCATE).

B. Submit the required teacher area examination score(s) as adopted by the State Board of Education for purposes of certification. Effective July 1, 2006, the required score on the examination of general professional knowledge (pedagogy) as adopted by the State Board of Education for purposes of certification will be required for initial certification. Until that date, the general professional knowledge (pedagogy) examination will be required only for professional certification.

C. Be at least eighteen years of age.

D. Undergo a criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints conducted by the Federal Bureau of Investigation. If the applicant does not complete the initial certification process within eighteen months from the original date of application, the FBI fingerprint process must be repeated. Eligible applicants who have prior arrests and/or convictions must undergo a review by the State Board of Education and be approved before a certificate can be issued to them. Background checks from other states are not transferable to South Carolina.

II. Acceptable Credits

A. All credits are computed by semester hours; three quarter hours are equivalent to two semester hours.

B. Duplicate credit will not be allowed for courses with the same title unless approved by the Office of Teacher Certification of the State Department of Education.

III. Out-of-State Applicants

A. To be eligible for a South Carolina teaching certificate, the out-of-state applicant must submit the teaching area examination score(s) and the score on the examination of general professional knowledge (pedagogy) that are required for certification in the state in which he or she holds a valid standard out-of-state certificate. If no tests were required for certification in the state where the individual holds a valid standard certificate, the applicant for South Carolina certification must submit the required teaching area examination score(s) as adopted by the State Board of Education for purposes of certification. If the applicant has less than twenty-seven months of successful teaching experience within the last seven years in the state in which he or she holds a valid standard certificate, he or she must also submit the required score on the examination of general professional knowledge (pedagogy) as adopted by the State Board of Education for purposes of certification.

B. Initial or advanced certification will be awarded only in the area(s) of certification held by the out-of-state applicant that most closely conform(s) to corresponding or relevant South Carolina area(s) of certification.

IV. Program of Alternative Certification for Educators (Alternative Teacher Preparation).

An individual who qualifies under the Program of Alternative Certification for Educators (PACE) guidelines as adopted by the State Board of Education may be issued an alternative route certificate. Successful completion of certification requirements as prescribed in the PACE guidelines will qualify the applicant for a professional certificate.

V. Student Teachers

A. All individuals pursuing undergraduate or graduate programs leading to initial teacher certification must complete the student teaching requirement adopted by the State Board of Education.

B. An individual who has met all requirements for certification except student teaching may request that three years teaching experience be used in lieu of student teaching for certification purposes under the following conditions:

1. The teaching experience must be at least three full years as the teacher of record and earned in an accredited public or private school in grades K-12 or at a postsecondary institution. Combinations of partial year teaching assignments may be used. Experience must be post baccalaureate to be eligible for consideration.

2. The teaching experience must be in the area of preparation and in the area in which the applicant is applying for certification.

3. The individual must submit a letter or letters of recommendation, attesting to the successful evaluation of teaching in the certification area, written by the administrative authority of the school or school district where he or she has taught for the specified period.

4. The individual must submit copies of school or school district evaluations providing evidence of his or her successful teaching.

5. The individual must submit evidence from the institution of higher education affirming that he or she has met all requirements for the approved teacher education program with the exception of student teaching.

C. Applicants for certification in work-based career and technology education are not required to complete student teaching.

VI. Required Examinations.

A. All applicants must submit the required teaching area examination score(s) as adopted by the State Board of Education for purposes of certification. Effective July 1, 2006, the required score on the examination of general professional knowledge (pedagogy) as adopted by the State Board of Education for purposes of certification will be required for initial certification. Until this date, the general professional knowledge (pedagogy) exam will be required only for professional certification.

B. An initial certificate will be issued to individuals who seek certification in areas for which no teaching area examination exists and who meet all requirements for certification in effect on the date that the Office of Teacher Certification receives all required documentation other than a certification test score. Once a test for the particular area of certification is adopted by the State Board of Education, these individuals will be required to present a passing score on the test within one year following the Board's action.

C. Certification in work-based career and technology education requires the successful completion of all sections of the basic skills examination and the trade competency examination adopted by the State Board of Education for work-based career and technology education.

VII. Verification of Eligibility

The Office of Teacher Certification of the State Department of Education may verify the eligibility of an applicant for certification by ascertaining

(a) that the applicant has verified his or her completion of a state approved teacher preparation program

OR

(b) that the applicant has a valid corresponding certificate from a state with which South Carolina has reciprocity through the Interstate Agreement on Qualifications of Educational Personnel

OR

(c) that the applicant has met the requirements for the Program of Alternative Certification for Educators (PACE) for certification.

43-51.1 to 43-51.5. Repealed by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

43-51.1 to 43-51.5. Repealed by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

43-51.1 to 43-51.5. Repealed by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

43-51.1 to 43-51.5. Repealed by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

43-51.1 to 43-51.5. Repealed by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

43-52. Application for Teaching Credential.

I. Required Documentation

The Office of Teacher Certification requires the following forms of documentation from applicants for teacher certification:

A. Application Form. The applicant must submit the completed State Department of Education application form.

B. Recommendation Form. The applicant must include a completed "Verification of College Preparation: Recommendation for Teacher Certificate" form, signed by the dean or a designated college official.

C. College Transcripts. The applicant must submit complete and official transcript(s). Each transcript must bear the official seal of the institution, the signature of the designated official, the type of degree earned, if any, and the date awarded. Only official transcripts will be accepted for certification purposes. Electronically transmitted transcripts from the individual college will be accepted as the technology becomes available in the State Department of Education.

D. Examination Scores. The applicant must submit the required teaching area examination score(s) as adopted by the State Board of Education for purposes of certification. Effective July 1, 2006, the required score on the examination of general professional knowledge (pedagogy) as adopted by the State Board of Education for purposes of certification will be required for initial certification. Until that date, the general professional knowledge (pedagogy) exam will be required only for professional certification. Only official score reports will be accepted.

E. Experience Verification. The applicant must submit appropriate verification of previous teaching experience.

F. FBI Fingerprint Card and Background Check. The applicant must submit an FBI fingerprint card and must undergo a criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints conducted by the FBI. If the applicant does not complete the initial certification process within eighteen months from the original date of application, the FBI fingerprint process must be repeated. Eligible applicants who have prior arrests and/or convictions must undergo a review by the State Board of Education and be approved before a certificate can be issued to them. Background checks from other states or agencies are not transferable to South Carolina.

II. Application and Evaluation Fee

The applicant must submit to the Office of Teacher Certification a nonrefundable fee for the evaluation and processing of each of his or her applications.

III. Effective Date of Credential

A. The effective date of the credential will be based upon the date of receipt of the complete certification application by the Office of Teacher Certification and/or request for additional area(s) of certification, certification renewal, or certificate advancement. An incomplete application will be considered active for a period of twelve months. If after twelve months the applicant has not submitted all required documentation, the application will be archived.

B. If the applicant becomes eligible for an initial certificate, certificate advancement, or certification renewal, requests received by the Office of Teacher Certification on or before November 1 will become effective July 1 of the current school year. For requests from November 2 through April 30, changes become effective when the requirements are met, provided that full documentation, including the request, is received by the Office of Teacher Certification within forty-five days after the applicant has fulfilled all requirement(s). Requests received forty-five days or more after eligibility will be effective the date the request is received. Requests received after April 30 are effective on the following July 1.

C. If an applicant holding a graded certificate or warrant qualifies for a professional certificate as the result of attaining the minimum qualifying score on the required certification examination, the upgraded credential will become effective the semester following the date of examination As a result of the authorization of the federal No Child Left Behind Act of 2001 (Pub. L. 107-110), graded certificates and warrants will become invalid at the end of the 2005-06 school year.

43-52.1. Repealed by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

43-53. Credential Classification.

(Statutory Authority: S.C. Code Ann. Sections 59-5-60 (1990) and 59-25-110 (1990) No Child Left Behind Act of 2001, 20 U.S.C. Section 6301 et seq. (2002))

The classification of an educator's credential is determined by a combination of factors, including his or her formal education, performance, professional development, and teaching experience.

I. Types of Credential Classification

A. Initial Certificate

An initial certificate is valid for three years. Beyond the initial three-year validity period, teachers who do not yet meet the requirements for professional certification, but who are employed by a public school district at the provisional or annual contract level, as defined in S.C. Code Ann. Section 59-26-40, may have their certificates renewed annually at the request of the employing school district.

Teachers who hold initial certificates and are employed in a nonpublic school educational setting may have their certificates renewed annually for an indefinite period at the request of the educational entity, provided that certificate renewal requirements, as specified in R 43-55 (Renewal of Credentials) are met every five years.

Teachers who hold initial certificates but who are not employed by a public school district in a position requiring certification at the time the initial certificate expires, and who have not otherwise met the requirements for professional certification, may reapply for an initial certificate at such time as they become employed by a public school district or private school, subject to the requirements for initial certification in effect at the time of reapplication. To qualify for an initial certificate, the applicant must fulfill the following requirements:

1. Earn a bachelor's or master's degree either from an institution that has a state-approved teacher education program and is accredited for general collegiate purposes by a regional accreditation association, or from a South Carolina institution that has programs approved for teacher education by the State Board of Education, or from an institution that has programs approved for teacher education by the National Council for Accreditation of Teacher Education (NCATE). Professional education credit must be earned through an institution that has a teacher education program approved for initial certification.

2. Submit the required teaching area examination score(s) as adopted by the State Board of Education for purposes of certification. Effective July 1, 2006, the required score on the examination of general professional knowledge (pedagogy) as adopted by the State Board of Education for purposes of certification will also be required for the initial certification. Until that date, the general professional knowledge (pedagogy) exam will be required only for the professional certification.

3. Undergo a criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints conducted by the Federal Bureau of Investigation. If the applicant does not complete the initial certification process within eighteen months from the original date of application, the FBI fingerprint process must be repeated. Eligible applicants who have prior arrests and/or convictions must undergo a review by the State Board of Education and be approved before a certificate may be issued. Background checks from other states or agencies are not transferable to South Carolina.

B. Professional Certificate

All professional certificates are valid for five years. To qualify for each successive level of professional certification (bachelor's degree, bachelor's degree plus 18 hours, master's degree, master's degree plus 30 hours, and doctorate), an applicant must

1. meet all criteria for initial area of certification and have earned a bachelor's degree that meets State Board of Education regulations for teacher certification and program approval and successfully complete the induction program, the ancillary requirements (including any additional testing requirements approved by the State Board of Education), and the formal evaluation approved by the State Board of Education

OR

2. successfully complete the requirements for reciprocity according to Interstate Agreement on Qualifications of Educational Personnel

OR

3. hold a valid National Board teaching certification.

C. Alternative Route Certificate

The alternative route certificate is valid for one year initially. The certificate will be issued to those individuals who qualify under the Program for Alternative Certification for Educators (PACE) guidelines as adopted by the State Board of Education. Alternative certificates can be renewed twice on the basis of successful completion of annual program requirements as approved by the State Board of Education.

The teacher will be eligible for a professional certificate upon his or her successful completion of all program requirements within the three-year program period, including additional testing requirements approved by the State Board of Education and the formal evaluation approved by the State Board of Education.

D. International Certificate

An International Certificate may be issued to a teacher from a country outside of the United States provided the individual has completed at least a bachelor's degree with a major in the teaching field. Organizations that recruit and select teachers from other countries to teach in South Carolina must assure that all cultural/educational visa requirements have been met. The International Certificate will be renewed annually for up to three years at the request of the local school district, provided the teacher has met the certification examination requirements specified by the State Board of Education during the first year of certification.

E. Internship Certificate

1. The Internship Certificate will be issued to individuals who are currently enrolled in a State Board of Education approved teacher education program in South Carolina and have completed all academic and bachelor's degree requirements, with the exception of the teaching internship, as well as all certification examination requirements. The certificate will be issued for up to one year, and must be requested by the employing school district. Upon completion of the teaching internship and verification by the college or university that all approved program requirements have been met, the internship certificate will be converted to an initial certificate.

2. The Internship Certificate will also be issued to any individual who is serving the required internship for certification as a School Psychologist I or II under the supervision of a certified School Psychologist II or III, or who is serving the required internship for School Psychologist III under the supervision of a certified School Psychologist III.

The applicant for the Internship Certificate in School Psychology must submit official written verification from the college or university that he or she is currently enrolled and working toward full certification as a school psychologist, and that the internship is being served through a State Board of Education-approved training program. The Internship Certificate may be renewed once on the basis of written documentation from the director of the school psychology program that the applicant is a full-time student in the program during the second year of the renewed certificate.

3. The Internship Certificate will also be issued to any individual who holds the Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Hearing Association (ASHA) or who has completed a master's degree that includes the academic and clinical requirements for the ASHA Certificate of Clinical Competence and has achieved the minimum qualifying score on the required certification examination(s). The certificate will be effective for one academic year and must be requested by the employing school district. The Internship Certificate may be converted to a professional certificate upon verification of a successful evaluation of the individual's performance during the initial year of employment.

F. Temporary Certificate

A temporary certificate is valid for a period of one year. Full certification (initial or professional) may be obtained when the educator submits verification of the required course work, required practicum, and/or required certification examination scores. Due to the requirements for highly qualified teachers mandated by the No Child Left Behind Act of 2001, 20 U.S.C. Section 6301 et seq. (2002), the following types of temporary certificates may be issued only until June 30, 2006, and will be limited or phased out after that date.

1. Temporary Certificate for Out-of-State Certified Teacher

(a) Any individual who holds a valid teaching certificate from another state but does not meet one or more of South Carolina's certification requirements is eligible for a temporary certificate for up to one year. Temporary certificates issued to out-of-state certified teachers are issued only for the academic year in which they are requested and expire June 30.

(b) After June 30, 2006, temporary certificates may no longer be issued to teachers who teach core academic subjects as specified by the No Child Left Behind Act of 2001. The core academic subjects are English, reading or language arts, mathematics, science, foreign languages, civics, government, economics, history, geography, and the arts. Temporary certificates may be issued, however, in other instructional or instructional support fields not considered to be core content subjects under No Child Left Behind.

2. Transitional Certificate

Any individual who has completed a teacher preparation program but has not submitted a passing score on the required certification examination(s) will be eligible for a transitional certificate for up to one year. Transitional certificates are issued only at the request of the employing school district. The employing district must apply for a transitional certificate no later than thirty days after the date of assignment. Transitional certificates are issued only for the academic year in which they are requested and expire June 30. The transitional certificate will no longer be issued after June 30, 2006.

3. Out-of-Field Permit

(a) Any individual who holds a valid South Carolina temporary, professional, initial, alternative, graded, or warrant certificate and is assigned teaching duties for any amount of time in an area for which he or she is not appropriately certified is eligible to receive a permit to teach out-of-field. However, permits are not issued for school psychologists, speech-language therapists, and special subject educators. Out-of-field permits are issued only under the following conditions:

(i) The school district must request the out-of-field permit for its employee. The employing district must apply for a permit no later than thirty days after the date of assignment. Out-of-field permits are issued only for the academic year in which they are requested and expire June 30.

(ii) The individual for whom the permit is requested must hold a valid South Carolina teaching credential and have twelve semester hours of credit toward full certification in the area of preparation for which the permit is requested.

(b) Out-of-field permits may be renewed upon presentation of six semester hours of credit in the area for which the permit is issued. Once the teacher meets all the certification requirements, including the required certification examination(s), he or she may apply for a certificate in the new area.

(c) After June 30, 2006, out-of-field permits may no longer be issued to teachers who teach core academic subjects as specified by the No Child Left Behind Act of 2001. The core academic subjects are English, reading or language arts, mathematics, science, foreign languages, civics, government, economics, history, geography, and the arts. Permits may be issued, however, in other instructional or instructional support fields not considered to be core content subject areas under No Child Left Behind.

4. Graded Certificate and Warrant

The State Board of Education discontinued the issuance of graded certificates on July 1, 1971, and the issuance of warrants in November 1976. Due to the requirements of the No Child Left Behind Act of 2001 for highly qualified teachers, neither warrants nor graded certificates with less than a grade of A will be acceptable certificates for teaching in a South Carolina public school after June 30, 2006.

a. Graded Certificate. To qualify for the professional certificate, an individual who currently holds a grade B, C, or D certificate must fulfill one of the following requirements:

(i) achieve the minimum required score on the required specialty area examination(s)

OR

(ii) add an area of certification to the initial graded certificate by meeting all requirements of the State Board of Education for that additional area, including a minimum qualifying score on the appropriate certification examinations(s) and verification of at least three years of teaching experience in the additional area.

b. Warrant. Current warrant certification cannot be advanced beyond the bachelor's degree level or beyond four years of experience. Only a bachelor's degree-level certification may be added to a warrant certification. To qualify for a professional certificate or to maintain a warrant certification (until June 30, 2006), the individual must

(i) earn the required six semester hours or the equivalent every five years, as stipulated in certificate renewal requirements, and

(ii) remove all certification deficiencies (specialty area examination(s) and/or course requirements) by meeting current certification requirements.

5. Special Subject Certificate

A Special Subject Certificate may be issued to an individual who qualifies under the guidelines established by the State Board of Education and must be requested by the employing school district. The certificate will be issued initially for one year but may be renewed annually provided the applicant submits the required score on the appropriate certification examination(s) in the content area in which he or she is teaching during the initial year of certification. After June 30, 2006, special subject certificates may no longer be issued to teachers who teach core academic subjects as specified by the No Child Left Behind Act of 2001. The core academic subjects are English, reading or language arts, mathematics, science, foreign languages, civics, government, economics, history, geography, and the arts. Special subject certificates may be issued, however, in other instructional fields not considered to be core content subjects under No Child Left Behind.

II. Levels of Credential Classification

A. Bachelor's degree: the educator must meet all criteria for an initial area of certification and have earned a bachelor's degree that meets State Board of Education regulations for teacher certification and program approval.

B. Bachelor's degree plus 18 hours: the educator must have 18 hours of graduate credit that he or she earns within seven years from the time the course work is started. Individuals who do not complete the requirements during the seven years must request that the college/university revalidate the course credits before the work can be submitted for credential advancement.

C. Master's degree: the educator must have earned a master's degree that meets State Board of Education regulations for teacher certification and program approval.

D. Master's degree plus 30 hours:

In order to advance to the level of master's degree plus 30 hours, the educator must fulfill either one of the following requirements:

1. The educator must earn 30 semester hours of graduate credit above the master's degree with 21 hours of the graduate credit in one area of concentration. These hours may or may not be in the teacher's initial area of certification. The course work must be completed within seven years from the time it was started. Individuals who do not complete the course work during the seven years must request that the college/university revalidate the course credits before the work can be submitted for credential advancement.

OR

2. The educator must earn an additional master's degree or specialist's degree that meets State Board of Education regulations for teacher certification and program approval.

E. Doctorate: the teacher must have earned a doctoral degree that meets the State Board of Education regulations for teacher certification and program approval.

III. Requirements for Credential Advancement

A. To advance his or her credential from one classification to another, the applicant must submit to the Office of Teacher Certification the following:

1. written request to have the certificate advanced on the designated Office of Teacher Certification action form.

2. Documentation, including transcripts, that State Board of Education requirements have been met for certificate advancement.

3. The specified fee, if such a fee is currently being charged.

B. The effective date of the credential advancement will be based on the following:

1. If the applicant becomes eligible for a revised level of credential between November 1 and April 30, the credential will become valid either from the date the teacher submits the completed application with all the necessary documentation or from the date on which the teacher completes the requirements for the credential, provided that the teacher files his or her application in the Office of Teacher Certification within forty-five calendar days after the date on which he or she completes the requirements.

2. If the applicant becomes eligible for a revised level of credential after April 30, the credential will become valid on July 1 of the calendar year in which he or she completes the existing requirements, provided that the completed application is submitted on or before November 1.

Amended by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 27, Issue No. 11, eff November 28, 2003.

43-53.1. Requirements for Credential Advancement.

To advance a credential from one classification to another, the applicant must provide to the Office of Teacher Education, Certification and Evaluation the following:

1. A written request to have the certificate advanced;

2. The required documentation that State Board of Education requirements have been met for certificate advancement; and

3. The required fee for advancement of the certificate.

43-53.2. Types and Levels of Credential Classification.

A. Initial Certificate

An initial certificate is valid for three years and may be renewed one time. Upon successful completion of the induction program, ancillary requirements, and the annual-contract year, the teacher shall be eligible for a professional certificate. To qualify for an initial certificate, an applicant must fulfill the following:

1. Earn an undergraduate or graduate degree in an approved teacher education program from an institution accredited for general collegiate purposes by a regional or national accreditation association or through a South Carolina institution with programs approved for teacher education by the South Carolina State Board of Education. Professional education credit must be earned through an institution that has a teacher education program approved for initial certification.

2. Score the minimum qualifying score(s) on the required specialty area examination(s).

3. Submit a complete application and receive a clear FBI fingerprint review. Eligible applicants who have prior arrests and/or prior convictions must undergo a review by the State Board of Education and be approved before a certificate may be issued.

B. Professional Certificate (Multiple Levels)

All professional certificates are valid for five years. To qualify for each successive level of professional certification, an applicant must fulfill the following requirements.

1. Professional

a. Meet all criteria for an initial area of certification and have earned a bachelor's degree that meets State Board of Education regulations for teacher certification and program approval.

b. Successfully complete the induction program, ancillary requirements, and the annual-contract year.

OR

c. Successfully complete the requirements for reciprocity according to the Interstate Agreement on Qualification of Educational Personnel.

2. Bachelor's Degree plus Eighteen Hours

a. Meet all criteria for an initial area of certification and have earned a bachelor's degree that meets State Board of Education regulations for teacher certification and program approval.

b. Have eighteen (18) hours of graduate credit in one specialty/content area (these may include add-on certification). Educators must follow the approved procedure for the identification of the graduate specialty/content area and completion of the coursework within seven (7) years after the request. Individuals who do not complete the requirements during the seven years must request a new evaluation of their teaching credentials and meet the new requirements.

3. Master's Degree

a. Meet all requirements for an initial area of certification.

b. Have earned a master's degree that meets State Board of Education regulations for teacher certification and program approval.

4. Specialist

a. Meet all requirements for an initial area of certification. Educators must follow the approved procedure for the identification of the graduate specialty/content area and completion of the coursework within seven (7) years after the request. Individuals who do not complete the requirements during the seven years must request a new evaluation of their teaching credentials and meet the new requirements.

b. Have earned an additional master's degree or specialist's degree that meets State Board of Education regulations for teacher certification and program approval.

c. Have thirty (30) semester hours of graduate credit above the master's degree in a planned area of concentration (these hours may or may not be in the teacher's initial area of certification).

5. Doctorate

a. Meet all requirements for an initial area of certification.

b. Have earned a doctoral degree that meets State Board of Education regulations for teacher certification and program approval.

C. Temporary Certificate

A temporary certificate is valid for a period of one year and can be renewed twice provided that evidence of progress toward full certification is submitted in the form of course work or required test scores. Once requirements have been met, the teacher is eligible to apply for a professional certificate. Temporary certificates may be issued to individuals in the following circumstances:

1. Out-of-State Certified Teacher

Any person who holds a valid teaching certificate from another state but does not meet one or more of South Carolina's certification requirements is eligible for a temporary certificate until he or she meets the ancillary requirements for the initial or the professional certificate.

2. School Psychologist

Any person who is serving the required internship for certification as a School Psychologist I or II under the supervision of a certified School Psychologist II or III or who is serving the required internship for School Psychologist III under the supervision of a certified School Psychologist III is eligible for a temporary certificate.

a. Written documentation must be provided that the individual requesting the temporary certificate is enrolled in and working toward full certification as a school psychologist and that the internship is served through a State Board of Education approved training program.

b. The temporary certificate may be renewed once based upon written documentation from the director of the school psychology program that the applicant is a full-time student in the program during the second year of the renewed certificate.

3. Speech-Language Therapist

Any person who holds the Certificate of Clinical Competence in speech pathology issued by the American Speech-Language Hearing Association (ASHA) or who has completed a master's degree that includes the academic and clinical requirements for the ASHA Certificate of Clinical Competence and has achieved the minimum qualifying score on the State Board of Education required examination will be issued a temporary certificate upon verification of an employment offer by a South Carolina public school district.

a. The temporary certificate will be effective for one academic year and will be converted to the professional certificate upon a successful evaluation of the individual's duties during the initial year of his or her employment.

b. Individuals who qualify and previously have served satisfactorily full-time as a speech therapist for at least one year in a K-12 setting may be issued the professional certificate initially. An employment offer is not required for the professional certificate.

4. Out-of-Field Permit

Any person who holds a valid South Carolina temporary or professional certificate and is assigned duties in an area for which he or she is not appropriately certified is eligible to receive a permit to teach out of field. However, permits are not issued for school psychologists and speech and language therapists.

Out-of-field permits are issued under the following conditions:

a. Out-of-field permits are issued only at the request of the employing school district. The employing district shall apply for a permit no later than thirty (30) days after the date of assignment. Out-of-field permits are issued only for the academic year in which they are requested of their teaching credentials and expire June 30.

b. To qualify for a permit, a person shall have a valid South Carolina teaching credential and twelve (12) semester hours of credit toward full certification in the area of preparation for which the permit is requested.

c. A permit may be renewed upon presentation of six (6) semester hours of credit in the area for which the permit is issued prior to issuance of another permit in the same area.

d. Once the requirements are met, including the required test score, the teacher may apply for certification in the new area.

D. Graded Certificates and Warrants

The State Board of Education discontinued the issuance of graded certificates on July 1, 1971, and warrants in November 1976.

1. Graded Certificate

To qualify for the professional certificate, a person who currently holds a grade B, C, or D certificate must fulfill one of the following requirements:

a. achieve the minimum required score on the required specialty area examination(s) or

b. add an additional area of certification to the initial graded certificate by meeting all requirements of the State Board of Education for an additional area, including at least a minimum qualifying score on the required specialty area examination(s) and verification of at least three (3) years of teaching experience in that additional area of certification.

2. Warrant Certificate

To qualify for a professional certificate or maintain a warrant, a person must

a. earn the required six (6) semester hours or the equivalent every five (5) years as provided in renewal requirements and

b. remove all certification shortages (specialty area examination[s] and/or course requirements) by meeting current certification requirements.

c. Only bachelor's degree-level certifications may be added to a warrant certificate.

E. Special Subject

Upon request by the school district, the State Board of Education may grant approval for issuing a special subject certificate to any individual who qualifies under the guidelines established by the State Board of Education.

43-54. Repealed by State Register Volume 28, Issue No. 5, eff May 28, 2004.

43-55. Renewal of Credentials.

I. For the purposes of this regulation an educator is defined as any person who holds a professional certificate issued by the South Carolina Department of Education.

II. An educator's professional certificate is valid for five years and expires on June 30 of the expiration year.

III. The total number of years an individual has held any type of temporary credential issued by the South Carolina Department of Education will be deducted from the normal five-year period of the professional certificate at the time of issue.

IV. To renew a professional certificate, educators must comply with all applicable guidelines relative to certificate renewal options and criteria, renewal credits, and verification requirements, in accordance with the current Certificate Renewal Plan, as developed by the Office of Teacher Certification and approved by the State Board of Education, as follows:

(A) An applicant who is employed in a position that requires educator certification must maintain verification of having earned a minimum of 120 renewal credits during the certificate's five-year validity period. Renewal credits may be earned through professional activities that directly relate to the educator's professional growth and development plan, support the goals of the employing educational entity, and promote student achievement, as required by Regulation 43-205.1, Assisting, Developing, and Evaluating Professional Teaching (ADEPT), and Regulation 43-165.1, Program for Assisting, Developing, and Evaluating Principal Performance (ADEPP).

(B) An applicant who is not employed in a position that requires educator certification but who chooses to maintain a current certificate must submit verification of having earned a minimum of 120 renewal credits during the certificate's five-year validity period. Renewal credits may be earned through professional activities that directly relate to the educator's current area(s) of certification or to a formal program of study (master's, specialist, or doctorate) in a certification area in which the educator is officially enrolled.

V. Educators who do not hold a master's degree must earn a minimum of sixty renewal credits of the 120 credits required during each five-year validity period by completing at least three semester hours of college credit at the graduate level. These credits must be earned from a national or regionally accredited college or university or through a college or university that hasgraduate programs approved for teacher education by the State Board of Education.

VI. Renewal credits earned in state-identified areas of critical needs may be applied toward certificate renewal.

VII. Applicants must comply with current State Department of Education approved Certificate Renewal Plan guidelines relative to obtaining, verifying, and submitting renewal credits. Applicants also are responsible for paying any required fee for credential renewal to the Office of Teacher Certification.

VIII. Credit will not be allowed for a renewal activity that is repeated unless the activity has received prior written approval in writing from the Office of Teacher Certification.

IX. Regulations governing effective dates of renewed certificates will be the same as those for initial and revised certificates, as specified in State Board of Education Regulation 43-52.

X. A South Carolina professional teaching credential that has been expired

(A) for less than five (5) years may be extended upon written request from the educator to the Office of Teacher Certification. This nonrenewable extension is valid for one (1) year, during which time the school district or educator must submit verification that the educator has fulfilled all current requirements for renewal of the Professional Certificate. Upon verification that all requirements have been met, the Professional Certificate will be renewed for the remainder of the validation period (i.e., four additional years).

(B) for more than five (5) years, but less than ten (10) years, may be extended for a maximum of one (1) year at the written request of the school district that intends to employ the educator. During this one-year extension, the school district or educator must submit verification that the educator has met all current requirements for renewal of the Professional Certificate. Upon verification that all requirements have been met, the Professional Certificate will be renewed for the remainder of the validation period (i.e., four additional years).

(C) for more than ten (10) years will require that the educator either reapply for initial certification under the current requirements or satisfy current interstate reciprocity requirements.

43-55.2. Repealed by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

43-56. Foreign Applicants.

Applicants for initial teacher certification who have foreign transcripts or other credentials must consult with appropriate personnel at a regionally or nationally accredited college approved for teacher education purposes or which has programs approved for teacher education by the South Carolina State Board of Education to determine if requirements are met in the certification area.

43-57. Prior Work Experience.

The State Department of Education shall maintain records indicating the work experience for which persons are entitled.

43-57.1. Computing the Experience of Teachers.

A. In the computation of experience credit, the following conditions will apply.

1. Full-time equivalents (FTEs) of the 190-day school year will be utilized as the basis of computation. The minimum experience to be credited shall be one-tenth (.1) FTE per year; the maximum experience to be credited shall be one (1) FTE per year. A school day is defined as a minimum of seven hours.

2. One year of experience may be credited provided the teacher is employed in a full-time position for a minimum of eight-tenths (.8) of the contract year but in no case fewer than 152 days.

3. Partial-year experience may be utilized to compute full years of experience provided the sum of the partial experience meets the requirement stated in number 1, above.

4. Summer school teaching credit will be calculated at the rate of two (2) days of summer school as the equivalent of one (1) regular school day provided the teacher works one (1) session for four (4) hours per day or at the rate of one (1) regular school day provided the teacher works two (2) sessions for eight (8) hours per day. Summer school teaching credit may be added to partial years of experience.

43-57.2. Teaching Experience Acceptable for Credit.

A. To receive experience credit, the applicant must provide an official description of the professional duties for which he or she wishes to receive the credit. These duties must have been connected to the primary educational program through teaching, education administration, curriculum development, or teacher training. With the exception of trade and industry experience credit (see R. 43-63), employment must meet the requirements for full-time or half-time employment as stated below.

B. For an individual to receive experience credit, he or she must verify full-time or half-time employment in one of the following educational positions:

1. A professional position in a public, private, or parochial elementary or secondary school.

2. A professional position in a regionally or nationally accredited institution of higher education or an institution with teacher education programs approved by the South Carolina State Board of Education.

3. A position as a teacher's aide, provided the applicant had an earned undergraduate degree during the period of employment.

4. A professional education position in a teacher exchange program or a city, county, state, or federal education program for school-aged or adult populations.

5. A professional education or training position in a privately funded education program for school-aged or adult populations.

6. A professional education position in a city, county, state, or federal educational system that supports the primary education program for a school-aged or adult population.

43-57.3. Repealed by State Register Volume 25, Issue No. 6, eff June 22, 2001.

43-57.5. Military Service.

Experience credit may be granted for up to five years of service in the Armed Forces provided the applicant held a valid South Carolina or out-of-state teaching credential prior to or during the period of military service.

43-58. Denial, Revocation and Suspension of Credentials.

The State Board of Education has the legal authority to deny, revoke, or suspend a teaching credential for the following causes:

1. Obtaining or attempting to obtain such certificate by fraudulent means or through misrepresentation of material facts.

2. Immoral or unprofessional conduct.

3. Evident unfitness for teaching as manifested by persistent neglect of duty, willful violation of rules and regulations of district board of trustees, drunkenness, violation of the law of this state or the United States, gross immorality, any cause involving moral turpitude, dishonesty, illegal use, sale or possession of drugs or narcotics.

4. Failing to comply with the provisions of a contract without the written consent of the local school board.

5. Ineligibility for employment through failure to meet the criteria for receiving an annual or continuing contract. The State Board of Education shall suspend the credential until such time as the teacher shall meet the conditions for employment as prescribed in Section 59-26-40 of the South Carolina Code of Laws, 1976.

43-58.1. Reporting of Terminations of Certain School District Employees.

A district superintendent, on behalf of the local board of education, shall report to the Chair of the State Board of Education and the State Superintendent of Education, the name and certificate number of any certified educator who is dismissed, resigns, or is otherwise separated from employment with that district based on allegations of misconduct including, but not limited to, misconduct involving drugs, sexual misconduct, the commission of a crime, immorality, moral turpitude, or dishonesty, that is reasonably believed by the district superintendent to constitute grounds for revocation or suspension of the certificate issued to the educator by the State Board. This report is required notwithstanding any termination agreement to the contrary that the district board of trustees or superintendent may enter into with the educator. The reasons for the educator's termination of employment with the district shall also be provided along with all evidence in the possession of the district relating to the termination.

The intentional failure of a district board of trustees to instruct the district superintendent to report the termination of school employees as required by this regulation shall be considered by the State Department as an accreditation deficiency pursuant to R43-130 and, upon approval of the State Board of Education, all district schools will be placed on an accreditation status of probation.

The intentional failure of a district superintendent to report the termination of employees as required by this regulation shall be considered an act of unprofessional conduct and may be sufficient cause for revocation of such person's education certificate pursuant to Section 59-25-160, Code of Laws of South Carolina, 1976.

Pending the issuance of a Final Order revoking or suspending a certificate by the State Board in a proceeding pursuant to Section 59-25-260, Code of Laws of South Carolina, 1976, no preliminary information gathered by the State Department of Education concerning misconduct reasonably believed to constitute grounds for revocation or suspension of a certificate, including the name and certificate number of the certified educator, shall be disclosed to any third party.

43-59. Repealed by State Register Volume 20, Issue No. 3, eff March 22, 1996.

43-62. Requirements for Additional Areas of Certification.

(Statutory Authority: S.C. Code Ann. Sections 59-5-60 (1990) and 59-25-110 (1990))

I. GENERAL INFORMATION

A. Effective July 1, 2009, individuals who desire to add areas of certification to an existing certificate must complete a State Board of Education approved program and present a passing score on the appropriate content-area examination in the specific subject field. Until that time, the following add-on certification requirements are in effect.

B. In the event that the State Board of Education should eliminate, revise or adopt new certification areas, currently certified individuals who are affected may retain the areas of certification for which they previously qualified. However, the State Board of Education may require previously certified individuals to upgrade their certification by completing the new requirements within a specified period of time.

C. The following designations apply to the grade spans for teacher certification in South Carolina, effective September 1, 2005.

CERTIFICATION GRADE SPANS

early childhood = pre-Kindergarten-grade 3

elementary = grades 2-6

middle level = grades 5-8

secondary = grades 9-12

The areas of art, music, physical education, English for Speakers of Other Languages (ESOL), foreign languages, theater, and exceptional children education (all categories) have a pre-Kindergarten (pre-K)-12 grade span.

D. Instructional areas may not be added to certificates in guidance, media specialist, or school psychologist unless the applicant has completed a teacher education program designed and approved for initial certification purposes.

E. Certification is divided into four sections: regular program, exceptional children education, career and technology education, and other types of specialized certification.

II. REGULAR PROGRAM ADD-ON CERTIFICATION REQUIREMENTS

The following areas are included:

A. Art

B. Driver Education

C. Early Childhood Education

D. Elementary Education

E. English

F. English for Speakers of Other Languages (ESOL)

G. Foreign Languages

H. Gifted and Talented

I. Health Education

J. Mathematics

K. Middle Level Education

L. Music Education

M. Physical Education

N. Reading

O. Science

P. Social Studies

Q. Speech and Drama

R. Theater

A. ART

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Art History/Appreciation 6

Work devoted to the basic techniques of design and color 6

Work devoted to drawing and painting (the student should use 6

as many different media as possible)

School art program 3

Crafts 3

B. DRIVER EDUCATION

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Evidence of at least three years of successful driving experience. Applicant must provide a copy of his or her driver's record from the applicable state transportation department. An applicant whose driver's license has six or more points against it will not be accepted for add-on certification in driver education.

4. Valid driver's license issued by South Carolina or another state in which the teacher is a legal resident. (If a teacher holding certification in driver education has his or her driver's license revoked or suspended, the teacher must report this action to the Office of Teacher Certification upon which the certification in driver education will automatically be rescinded.)

5. Professional education

The following twelve (12) hours are required to add the area of Semester

driver education to an existing certificate. Hours

Basic instructor's course in driver education 3

Advanced instructor's course in driver education 3

Electives (from the list below) 6

Range and Simulation of Driver Education

Emergency Maneuvers

Multimedia Systems in Traffic Safety Education

Research Methods in Traffic Safety Education

General Safety

Drugs in Relation to Highway Safety

Motorcycle Safety Education

Administration of Traffic Safety Education

C. EARLY CHILDHOOD EDUCATION

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

The Behavior and Development of the Young Child * 3

Curriculum for Early Childhood Education 3

Methods and Materials for Early Childhood 3

Practicum in Early Childhood Education ** 3

Teaching Reading at the Elementary Level 3

OR

Emergent Literacy

Content courses in math, science, and social studies (each 9

must be represented)

* Credits earned in the area of child psychology are

acceptable.

** The practicum requirement may be waived based on one

year's successful experience teaching in pre-K to third

grade.

Teachers who hold certification in elementary education and have taught first grade for at least three years of the past five years at the time of application for add-on certification may add the area of early childhood without meeting the above requirements, provided the application is received in the Office of Teacher Certification on or before July 1, 2006. After July 1, 2006, the applicant must satisfy all course and examination requirements for add-on certification.

D. ELEMENTARY EDUCATION

1. Bachelor's degree

2. Temporary, initial, or professional certificate in early childhood, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester Hours

Teaching of Reading in the Elementary School 6

Child Growth and Development 3

Mathematics for the Elementary School Teacher 3

Science for the Elementary Teacher 3

Social Studies for the Elementary Teacher 3

One of the following courses 3

Literature for Children

Art for the Elementary School Teacher

Music for the Elementary School Teacher

Health for the Elementary School Teacher

Teachers who hold certification in early childhood education and have taught fourth grade for at least three years of the past five years at the time of application for add-on certification may add the area of elementary education to their certification by passing the certification examination required for elementary education, without meeting the above requirements, provided the application is received in the Office of Teacher Certification on or before July 1, 2006. After July 1, 2006, the applicant must satisfy all course and examination requirements for add-on certification.

E. ENGLISH

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester Hours

Language Structure and Skills

Composition and Rhetoric 6

Advanced Composition and Rhetoric 3

Development of Modern English 3

Modern English Grammar 3

Teaching of Reading (Secondary) 3

Literature

British Literature 3

American Literature 3

Adolescent Literature 3

Literary Criticism 3

Electives (Literature) 6

5. Endorsement in Advanced Placement English requires certification in English and the successful completion of the requisite Advanced Placement Institute.

F. ENGLISH FOR SPEAKERS OF OTHER LANGUAGES (ESOL)

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the South Carolina content area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Principles and Strategies for Teaching ESOL to Elementary and 3

Secondary Learners

Linguistics 3

Teaching Reading and Writing to Limited English Proficient 3

(LEP) Learners

Two electives from the following courses 6

Practicum in the Instruction of ESOL to Elementary and

Secondary Learners *

Testing/Assessment for Language Minority Learners

ESOL Curriculum Design and Materials Development

Teaching English through the Content Areas

Bilingual Special Education

Second Language Acquisition for Teachers of Elementary and

Secondary Learners

English Grammar/Structure

Cultural Diversity in Education

* Practicum may be waived based on one year's successful

experience teaching ESOL.

5. Second-language learning experiences documented by any one of the following:

(a) six semester hours in a single second language;

(b) completion of intensive language training by the Peace Corps, the Foreign Service Institute, or the Defense Language Institute;

(c) placement in a third-year-level course in the foreign language department at an accredited college or university; or

(d) demonstration of second-language proficiency in a language that is unavailable at accredited institutions through verification in writing from an official designated by the State Department of Education.

G. FOREIGN LANGUAGES

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level.

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation (one foreign-language field) * Semester

Hours

French 18

German 18

Latin 18

Spanish 18

Russian 18

Japanese 18

* The eighteen (18) semester hours must be above the six-hour

introductory course.

5. Endorsement in an Advanced Placement foreign language requires certification in the particular foreign language and the successful completion of the requisite Advanced Placement Institute.

H. GIFTED AND TALENTED EDUCATION

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation

Requirements for elementary level Semester

Hours

Nature and Needs of Gifted and Talented Students 3

Introduction to Curriculum and Instruction for Gifted and Talented 3

Students

Advanced Curriculum Practices for Gifted and Talented Students 3

Identification, Current Trends, and Issues in Gifted and Talented 3

Education

Special Topics in Gifted and Talented Education 3

Practicum in Gifted and Talented Education 3

Requirements for middle level

Nature and Needs of Gifted and Talented Students 3

Introduction to Curriculum and Instruction for Gifted 3

Advanced Curriculum Practices for Gifted and Talented Students 3

Content-area courses at the graduate level * 9

* For middle school teachers, content-area courses at the graduate

level must be applicable to curriculum and instruction at the

middle school level.

Requirements for secondary level

Nature and Needs of Gifted and Talented Students 3

Introduction to Curriculum and Instruction for Gifted and Talented Students 3

Advanced Curriculum Practices for Gifted and Talented Students 3

Content-area courses at the graduate level * 9

* For high school teachers, content-area courses at the graduate level must

be applicable to curriculum and instruction at the high school level.

Gifted and Talented Endorsement (only)

In order to fulfill Regulation 43-220(II)(C), all teachers of a Gifted and Talented course or class must complete a training program that is approved by the State Department of Education. Completion of the training specified here fulfills this requirement and provides an endorsement in Gifted and Talented Education:

A professional certificate in the teaching area

AND

Six (6) hours in the following courses Semester

Hours

Nature and Needs of Gifted and Talented Students 3

Introduction to Curriculum and Instruction for Gifted and Talented 3

Students

I. HEALTH EDUCATION

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the required content area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Required

Human Anatomy and Physiology (in addition to the 12 semester 3-4

hours of basic science requirements)

School Health Program 2-3

Emergency Preparedness and First Aid 2-3

Additional Courses (selected from a minimum of three

additional areas for a total of twenty-four semester hours)

Environmental Health 2-3

Foods and Nutrition Education 2-3

Contemporary Health Problems 2-3

Drug Education and Drug-Taking Behaviors 2-3

Family Living and Sex Education 2-3

Mental Health 2-3

Valuing and Decision Making in Health Education 2-3

Consumer Health Education 2-3

Community and Public Health Practices 2-3

Chronic and Communicable Disease 2-3

J. MATHEMATICS

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester Hours

Algebra (abstract, matrix, and linear) 6

Modern Geometry 3

Analytic Geometry 3

Calculus 3

Three electives from the following subject areas 9

Probability and Statistics

Applied Mathematics

Number Theory

Computer Science

Analysis

History of Mathematics

Algebra or Geometry (advanced courses)

5. Endorsement in Advanced Placement Mathematics requires the successful completion of the requisite Advanced Placement Institute.

K. MIDDLE LEVEL EDUCATION

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

Teachers who hold a professional certificate and who have three or more years of experience teaching in middle grades within the past five years on or before July 1, 2008, will be awarded middle level certification in each subject area in which he or she has three or more years of successful experience according to the guidelines for Middle Grades Teacher Education and Certification, adopted by the State Board of Education.

Prior to October 1, 2006, teachers who meet the experience requirement and are adding middle level certification will be exempt from the coursework, subject area exams and the Principles of Learning and Teaching (middle level test) required for add-on certification in specific middle level areas.

Between October 1, 2006, and July 1, 2008, teachers who meet the experience requirement and are adding middle level certification must pass the subject area exam(s) and the Principles of Teaching and Learning test required by the State Board of Education in order to add subject-specific middle level certification.

Teachers who have a teaching certificate but do not meet the three (3) year teaching requirement by July 1, 2008, must complete all coursework and examinations required for add-on certification in middle level areas.

All teachers who teach in the middle grades must qualify for middle level certification by July 1, 2008.

4. Early Childhood, Elementary, Middle, or Secondary Teachers Adding Middle Level Education

(a) Specialized preparation Semester

Hours

Middle Level Curriculum and Organization 3

Early Adolescent Growth and Development and Learning 3

Communities

Teaching Reading and Writing in the Content Area 3

(b) Content preparation

Required credits for certification in one middle school field as listed below. For coursework taken at a South Carolina institution of higher education, the appropriate South Carolina science, mathematics, social studies, and language arts standards must be reflected in the specialized preparation.

Middle Level Science Semester

Hours

Methods in Middle Level Science * 3

Biological or life science course and laboratory 8

Earth and space science course and laboratory 8

Physical science (equally divided between physics and chemistry) 8

Reading and Writing in the Content Area 3

* Three years of successful teaching experience in middle level

science may be used in lieu of this requirement.

Middle Level Mathematics Semester

Hours

Algebra 3

Plane and Solid Geometry 3

Probability and Statistics (appropriate to middle level and 3

secondary level curriculum)

Technology (utilization of appropriate technology) 3

Classroom Assessment in Mathematics 3

Methods of Teaching Middle Level Mathematics * 3

Three electives in the following subject areas 9

Theory of Arithmetic

Number Theory

Integrated Mathematics

Discrete Mathematics

Calculus

Mathematical applications in science and social studies

Immersion in Problem Solving

* Three years of successful teaching experience in middle level

mathematics may be used in lieu of this requirement.

Middle Level Social Studies Semester

Hours

Methods of Teaching Social Studies * 3

World History or World Geography 3

South Carolina History 3

Government 3

Three electives in the following subject areas 9

Anthropology

Economics

Political Science/Civics

Geography

Sociology

U.S. History

* Three years of successful teaching experience in middle level

social studies may be used in lieu of this requirement.

Middle Level Language Arts Semester

Hours

Methods of Teaching Middle Level Language Arts * 3

Adolescent Literature 3

World Literature, American Literature, and British

Literature (two must be represented) 6

Teaching of Reading/Foundations or equivalent 3

Reading: Diagnosis and Remediation 3

Teaching of Writing or Advanced Writing 3

Grammar 3

Elective from the following subject areas 3

African-American Literature

Women's Literature

Children's Literature

Creative Writing

* Three years of successful teaching experience in middle level

language arts may be used in lieu of this requirement.

L. MUSIC EDUCATION

1. CHORAL

(a) Bachelor's degree

(b) Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

(c) Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

(d) Specialized preparation Semester

Hours

Applied Music (divided equally between piano and voice) * (or 18

three full years)

Theory (harmony, ear training, sight singing) 12

Conducting 4

History and/or Literature of Music ** 6

Instruction in choral methods 3

Participation in ensembles (large or small) (or two s-

emester-

s) three

full

years

* A minimum of two half-hour lessons or one one-hour lesson

per week for the full nine-month school year is accepted as

one full year in any one area of Applied Music.

** The History and/or Literature of Music requirement may

substitute for the Music Appreciation requirement in the

General Education Program.

(e) Endorsement in Advanced Placement Music requires certification in music and the successful completion of the requisite Advanced Placement Institute.

2. INSTRUMENTAL

(a) Bachelor's degree

(b) Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

(c) Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

(d) Specialized preparation (band or orchestra) Semester

Hours

Applied music (divided equally among piano, one additional 18 (or

major instrument, and two additional instrument families) * three

full

years)

Theory (harmony, ear training, sight singing) 12

Conducting 4

History and/or Literature of Music ** 6

Instruction in wind, string and percussion instruments and in 3

voice(or two semesters)

Participation in ensembles (large or small) three full

years

* A minimum of two half-hour lessons or one one-hour lesson

per week for the full nine-month school year is accepted as

one full year in any one area of Applied Music.

** The History and/or Literature of Music requirement may

substitute for the Music Appreciation requirement in the

General Education Program.

(e) Endorsement in Advanced Placement Music requires certification in music and the successful completion of the requisite Advanced Placement Institute.

3. PIANO, VOICE, VIOLIN

(a) Bachelor's degree

(b) Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

(c) Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

(d) Specialized preparation (band or orchestra) Semester

Hours

Applied music (piano, voice, violin, organ) * 18

Theory (harmony, ear training, sight singing) 12

Conducting 4

History and/or Literature of Music ** 6

Instruction in wind, string and percussion instruments (or two 3

semesters)

Participation in ensembles (large or small) three full

years

* A minimum of two half-hour lessons or one one-hour lesson

per week for the full nine-month school year is accepted as

one full year in any one area of applied music.

** The History and/or Literature of Music requirement may

substitute for the Music Appreciation requirement in the

General Education Program.

M. PHYSICAL EDUCATION

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

History, Principles, or Philosophy of Physical Education 3

Organization and Administration, Curriculum, or

Evaluation of Physical Education 3

Human Physiology and Anatomy (in addition to the twelve 3

semester hours in basic science requirements)

Materials and applied techniques 21

(This area involves multiple courses that require an understanding and

mastery of the techniques of the various activities and their

presentation and adaptation to the various age levels and groups.)

Required courses

Games and Rhythms for the Elementary School-Aged Child

Individual and Dual Sports

Intramurals and Interscholastic Sports

Movement Education

Recreation and Outdoor Education

Team Sports

Elective courses

Adapted Physical Education (exceptional or atypical children)

Aquatics and Water Sports

Stunts, Tumbling, and Gymnastics

Rhythms

Safety, First Aid, and Athletic Injuries

Games and Activities of Low Organization

N. READING

1. READING TEACHER

(a) Bachelor's degree

(b) Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

(c) Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

(d) Two years of successful teaching experience

(e) Specialized preparation Semester Hours

Fundamentals of Basic Reading Instruction 3

Diagnosis and Correction of Reading Difficulties 3

Practicum in Reading 3

Methods and Materials of Reading Instruction 3

2. READING CONSULTANT

(a) Bachelor's degree

(b) Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

(c) Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

(d) Five years of successful teaching experience

(e) Twelve (12) semester hours in courses required for Reading Teacher

(f) Specialized preparation (graduate credit) Semester Hours

Organization and Supervision of Reading Programs 3

Testing and Measurements 3

Educational Psychology 3

Reading in the Secondary School 3

3. READING COORDINATOR OR DIRECTOR

(a) Bachelor's degree

(b) Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

(c) Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

(d) Five years of successful teaching experience

(e) Twenty-four (24) semester hours in courses specified for Reading Teacher and Reading Consultant

(f) Specialized preparation (graduate credit) Semester Hours

Administration and Supervision 3

Curriculum Development 3

Fundamentals of Guidance

Research and Literature in Reading 3

4. READING CLINICIAN

(a) Master's degree

(b) Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

(c) Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

(d) Two years of successful teaching experience

(e) Thirty-six (36) semester hours in courses specified for Reading Teacher, Reading Consultant, and Reading Coordinator or Director

(f) Specialized preparation (graduate credit) Semester

Hours

Advanced Clinical Testing, including individual intelligence 3

testing

Exceptional Child 3

Personality and Abnormal Psychology 3

Psychology of Reading 3

Advanced Course in Remedial Reading 3

Advanced Practicum 3

O. SCIENCE

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation (for teaching all sciences in high Semester

school) * Hours

Biology 6-8

Chemistry 6-8

Physics 6-8

Marine Biology/Science 6-8

Electives in the following subject areas: 6-12

Biology

Chemistry

Physics

Geology

Geography

Astronomy

* At least eighteen (18) semester hours of the thirty (30)

semester hours must be in courses with laboratory.

Certification will be granted in any one of the specific sciences when at least eighteen (18) semester hours of credit are presented. Six or more semester hours must be in laboratory courses.

5. Endorsement in the Advanced Placement sciences requires certification in a science area and the successful completion of the requisite Advanced Placement Institute.

P. SOCIAL SCIENCES

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation (for teaching all social studies in Semester

high school) Hours

Social studies

U.S. History 6

European History 6

Electives from economics, government, geography, and 12

sociology (not more than 6 hours in any one field)

Electives from economics, geography, government, history, 6

psychology, sociology, and the history of religion

History

U.S. History 6

European History 6

Electives from history and/or government 6

One social studies field 18

(Certification will be granted in any one of the specific

subjects--economics, geography, government, psychology, and

sociology--for which eighteen (18) semester hours are

presented.)

5. Endorsement in the Advanced Placement social sciences requires certification in a social studies area and the successful completion of the requisite Advanced Placement Institute.

Q. SPEECH AND DRAMA

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester Hours

Speech Fundamentals (voice and diction) 3

Public Speaking 3

Acting 3

Dramatic Production 3

Dramatic Literature or History of the Theater 3

Speech or drama elective 3

R. THEATER

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation * Semester Hours

Acting

Technical Theater (including stagecraft, 6

lighting, costuming, makeup)

Directing 3

Dramatic Literature 6

History of the Theater 3

Creative Drama 3

Theater arts elective 3

* In meeting the above requirements, the applicant with training or experience

in the professional theater may offer the following substitutions for the

courses listed:

(a) At least three (3) months full-time or twelve (12) months part-time acting training in a non-degree-granting professional acting school (provided that the school employs at least three different teachers) may be substituted for the acting course.

(b) At least six (6) months of full-time employment in technical theater may be substituted for technical theater courses.

(c) Experience as director of at least five (5) full-length plays produced for a paying audience may be substituted for the directing course.

III. EXCEPTIONAL CHILDREN ADD-ON CERTIFICATION

The following areas are included:

A. Education of Deaf and Hard of Hearing

B. Emotional Disabilities

C. Learning Disabilities

D. Mental Disabilities

E. Multi-categorical Special Education

F. Severe Disabilities

G. Speech Language Therapist

H. Visual Impairment

A. EDUCATION OF DEAF AND HARD OF HEARING

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Introduction to Exceptional Learners/Special Education 3

Teaching of Reading 3

Methods/Procedures for Teaching Speech Reading 3

Psychology of Hearing Impaired 3

Teaching of Language to Students with Hearing Impairment 3

Two electives from the following courses 6

Educational Assessment

Anatomy of the Auditory and Speech Mechanism

History of Education and Guidance for the Hearing Impaired

Audiology, Hearing Aids, and Auditory Training

Methods of Teaching Elementary School Subjects

Principles of Speech Correction

Physical Education and Recreation for the Exceptional Child

Nature of Emotional Disabilities

Nature of Learning Disabilities

Remedial Reading

Practicum in Instruction of the Exceptional Child

Introduction to Rehabilitation and Community Services

Educational Psychology

B. EMOTIONAL DISABILITIES

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Introduction to Exceptional Learners/Special Education 3

Characteristics of Emotional Disabilities 3

Methods/Procedures for Emotional Disabilities 3

Behavior Management 3

Teaching Reading in General and Special Education 3

Assessment of Exceptional Learners 3

Practicum in Instruction for Students with Emotional 3

Disabilities *

* Practicum may be waived based on two years' successful

experience teaching emotional disabilities

C. LEARNING DISABILITIES

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Introduction to Exceptional Learners/Special Education 3

Characteristics of Learning Disabilities 3

Methods/Procedures for Learning Disabilities 3

Behavior Management 3

Teaching Reading in General and Special Education 3

Assessment of Exceptional Learners 3

Practicum in Instruction for Students with Learning 3

Disabilities *

* Practicum may be waived based on two years' successful

experience teaching learning disabilities.

D. MENTAL DISABILITIES

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Introduction to Exceptional Learners/Special Education 3

Characteristics of Mental Disabilities 3

Methods/Procedures for Mental Disabilities 3

Behavior Management 3

Teaching Reading in General and Special Education 3

Assessment of Exceptional Learners

Practicum in Instruction for Students with Mental 3

Disabilities *

* Practicum may be waived based on two years' successful

experience teaching mental disabilities.

E. MULTI-CATEGORICAL SPECIAL EDUCATION

This area allows teachers to serve learners with mild to moderate disabilities, which include autism, emotional disabilities, learning disabilities, mental disabilities, and traumatic brain injury.

1. Bachelor's degree

2. Temporary, initial, or professional certificate in either mental disabilities, emotional disabilities, or learning disabilities

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Introduction to Exceptional Learners/Special Education 3

Characteristics of Learning Disabilities 3

Characteristics of Mental Disabilities 3

Characteristics of Emotional Disabilities 3

Methods/Procedures for Learning Disabilities 3

Methods/Procedures for Mental Disabilities 3

Methods/Procedures for Emotional Disabilities 3

Behavior Management 3

Assessment of Exceptional Learners 3

Practicum in Instruction for Students with Emotional 6

Disabilities, and/or, Learning Disabilities, and/or, Mental

Disabilities

OR

5. If certified in one area (mental disabilities, emotional disabilities, or learning disabilities) coursework is required in each of the two areas other than the teacher's certification area.

Characteristics 3

Methods in Procedures 3

Practicum * 3

OR

6. If certified in two areas (mental disabilities, emotional disabilities, or learning disabilities) coursework is required in the one remaining certification area.

Characteristics 3

Methods in Procedures 3

Practicum * 3

* Practicum (three semester hours) may be waived based on two years'

successful experience teaching mental, emotional, or learning

disabilities, as appropriate.

F. SEVERE DISABILITIES

This area allows teachers to serve learners with moderate to severe cognitive disabilities, which include mental disabilities, multiple disabilities, orthopedic impairment, autism, traumatic brain injury, and other health impairments.

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Introduction to Exceptional Learners/Special Education 3

Characteristics of Severe Disabilities 3

Methods/Procedures for Teaching Individuals with Moderate to 3

Severe Disabilities

Behavior Management 3

Language/Communication Skills for Exceptional Children 3

Assessment of Exceptional Learners 3

Practicum in Instruction for Students with Severe 3

Disabilities *

* Practicum may be waived based on two years' successful

experience teaching severe disabilities.

G. SPEECH LANGUAGE THERAPIST

(Included in Regulation 43-64 under Requirements for Certification at the Advanced Level)

H. VISUAL IMPAIRMENT

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Human Growth and Development or the equivalent 3

Teaching of Reading 3

Nature of Visually Impaired 3

Educational Procedures for Visually Impaired 3

Introduction to Exceptional Children 3

Braille - Reading and Writing 3

Orientation and Mobility for the Classroom Teacher 3

Practicum in Instruction of the Visually Impaired Child* 3

Anatomy, Physiology, and Function of the Eye 3

Practicum may be waived based on two years' successful

experience teaching visually impaired.

IV. CAREER AND TECHNOLOGY ADD-ON CERTIFICATION

The following areas are included:

A. Agriculture

B. Business and Marketing Technology

C. Computer Programming

D. Family and Consumer Science

E. Industrial Technology

A. AGRICULTURE

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

(a) Agriculture

Plant sciences (including agronomy, horticulture, and/or 15

forest)

Animal sciences (including dairy or poultry) 6

Agricultural engineering (mechanization) 6

Agricultural economics 6

Agricultural sciences electives 18

(b) One specific Agricultural Education field

Agricultural mechanics 18

Animal science 18

Environmental science and natural resources 18

Forestry 18

Horticulture 18

Agriculture sciences electives (required for each of the 6

five required Agricultural Education fields)

B. BUSINESS AND MARKETING TECHNOLOGY

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Accounting 6

Business Communications 3

Business Law

Computer applications and technology (to include, but not be 9

limited to, word processing, spreadsheets, database

management, and Web publishing/multimedia)

Economics 3

Entrepreneurship 3

Hospitality, Tourism or Hotel/Motel Management 3

International Business 3

Management 3

Marketing 3

Instructional Methods for Teaching Business, Marketing, 3

Computer Technology

C. COMPUTER PROGRAMMING (for Career and Technology Education programming courses)

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the secondary level in any subject area.

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Computer programming (any combination of currently relevant 9

language(s) being used in business)

Note: Programming courses completed at the post secondary

level within the past five years may be counted toward this

endorsement.

D. FAMILY AND CONSUMER SCIENCE

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester Hours

Clothing for the Family 6

Food and Nutrition 9

Child Development and Family Relations 6

Housing, Home Furnishings and Equipment 3

Consumer Education 6

Electives from the following courses 6

Food Sciences

Gerontology

Food Management and Institutional Preparation

Advanced Child Care and Family Relations

Service Learning

Human Development and Sexuality

E. INDUSTRIAL TECHNOLOGY

1. Bachelor's degree

2. Temporary, initial, or professional certificate at the early childhood, elementary, middle, secondary, or pre-K-12 level.

3. Minimum qualifying score(s) on the content-area examination(s) required by the State Board of Education

4. Specialized preparation Semester

Hours

Transportation 6

Communication 6

Manufacturing 6

Construction 6

Computer Assisted Drafting (CAD) 3

New and emerging areas of technology such as bio-related 9

technology, computer technology, and designing and problem

solving

V. OTHER TYPES OF SPECIALIZED CERTIFICATION

FINE ARTS

1. Teachers for advanced fine arts programs who do not meet the requirements for certification in any existing area of certification will be issued an initial teaching certification if all of the following requirements are met:

(a) The school district has in operation an advanced program in the fine arts that has been approved by the State Department of Education.

(b) The school district superintendent requests certification for the prospective teacher in writing, describing the situation in which the teacher will work and the exact nature of the proposed duties of the teacher.

(c) The candidate has earned an undergraduate or graduate degree in fine arts from a nationally or regionally accredited institution of higher education or an institution that has programs approved for teacher education by the South Carolina State Board of Education in the area of the fine arts that the teacher is to teach.

(d) The candidate presents evidence of at least two years of successful professional experience in the area of the fine arts that he or she is expected to teach.

(e) The candidate presents an acceptable score(s) on the required teaching content-area examination(s).

2. The initial certificate in Fine Arts will be issued for three years. It can be renewed in accordance with Regulation 43-53.I.A. A total of twelve (12) semester hours of credit, which includes teaching methods and psychology of learning in graduate professional education, will be required for professional certification.

3. In addition to the graduate professional education requirement specified above, the initial certificate will be converted to the professional certificate upon successful completion of induction requirements, ADEPT, and the pedagogy examination required by the State Board of Education.

43-62.1 to 43-62.4. Deleted by State Register Volume 28, Issue No. 6, eff June 25, 2004.

43-62.1 to 43-62.4. Deleted by State Register Volume 28, Issue No. 6, eff June 25, 2004.

43-62.1 to 43-62.4. Deleted by State Register Volume 28, Issue No. 6, eff June 25, 2004.

43-62.1 to 43-62.4. Deleted by State Register Volume 28, Issue No. 6, eff June 25, 2004.

43-63. Requirements for Career and Technology Education Work-Based Certification.

A. POLICIES AND REGULATIONS GOVERNING CERTIFICATION

The policies and regulations governing the certification requirements for Career and Technology Education educators as presented in this document replace all such procedures and regulations approved prior to this publication, except as indicated.

(1) Certificates are issued in levels based on educational background and experience in the field in which the certificate is requested. The level of the certificate is used to determine salary.

(2) Career and Technology Education Program Areas Covered in This Regulation

(a) Engineer/Industrial Technology Cluster: All courses in this program area are included in this regulation. Entry level into teaching these courses shall be defined in this regulation.

(b) Family and Consumer Sciences Cluster: The courses covered in this program area are Clothing and Interior Design, Culinary Arts, and Early Childhood. An associate degree is the minimum requirement for entry level into teaching these courses.

(c) Health Science Technology Cluster: All courses in this program area are included in this regulation. An associate degree is the minimum requirement for entry level into teaching these courses.

(d) Hospitality and Tourism Cluster: All courses in this program area are included in this regulation. An associate degree is the minimum requirement for entry level into teaching these courses.

(e) Information Technology Cluster: All courses in this program area are included in this regulation. An associate degree is the minimum requirement for entry level into teaching these courses.

B. PERSONS REQUIRED TO HOLD A CERTIFICATE

(1) A valid South Carolina educator's certificate is required of each individual employed in an instructional or classroom teaching position in a public school of this state.

(2) Each individual who serves in a position designed for the support of the instructional program is also required to hold the appropriate South Carolina educator's certificate.

C. REQUIREMENTS FOR CERTIFICATION

(1) The applicant must meet all requirements for certification that are in effect on the date of receipt by the Office of Teacher Certification, Division of Teacher Quality, of all required documentation. The responsibility for providing accurate and complete documentation of eligibility is that of the applicant.

(2) Age requirement: A person must be at least 18 years of age before making application for an educator's certificate.

(3) The Application

(a) The statement of qualifications or appropriate educator's application should be secured from the Office of Teacher Certification, Division of Teacher Quality, State Department of Education, Columbia, South Carolina 29201. The completed application should be submitted to the same address.

(b) The applicant will be informed in writing after the application is received what documentation is necessary to complete the certification process.

(4) Documentation Required

(a) Verification of all work experience in the field for which the applicant wishes to be certified must be provided (Forms available). Work experience completed while in the armed forces may be validated by providing official military documents certified as true copies by a notary public. These documents must show what the work experience was and the time served in that field.

(b) Two (2) technical references from employers in the area for which the applicant wishes to be certified must be provided (Forms available).

(c) A notarized copy of high school diploma or state high school equivalency certificate.

(d) Official transcripts of any college or technical college credit must be provided. Transcripts must be sent directly from the registrar and bear the seal of the issuing institution (Request form available).

(e) Copies of certificates of completion of any industry-sponsored training must be sent directly from the sponsoring agency or company. Copies certified as a true copy of the original by a notary public may be provided by the applicant.

(f) Successful completion of the approved competency examination and basic skills examination as approved by the State Board of Education is required.

(g) Applicants in Cosmetology and Barbering shall provide copies of their South Carolina Board of Cosmetology Licenses. These copies must be certified as true copies by a notary public. This documentation is accepted in lieu of the approved competency examination.

(h) Applicants in Health Science Technology shall provide copies of active, nationally recognized health professions licenses, certificates, or registrations. The requirements for the licensure, certification, or registration must include at least two (2) years of formal postsecondary education in addition to the program prerequisites. These copies must be certified as true copies by a notary public. This is used in lieu of the approved competency examination.

(i) Applicants for certification must successfully complete the approved program designed to prepare these prospective Work-Based Certified Career and Technology Education educators for the instructional environment. The program components will include, but not be limited to, a two-week (10-day) institute, training seminars, and professional development meetings. Successful completion of the two-week institute is a requirement for issuing the certificate. Applicants are expected to meet the standards for all Career and Technology Education educators as outlined in the guidelines which may include additional preparation.

D. CERTIFICATION EXAMINATIONS

(1) Certification examinations are required of all educators certified under the Career and Technology Education Work-Based Certification process. Examinations may include the following:

(a) Competency Examination

(i) The successful completion of a related competency examination is a prerequisite to issuance of the professional Career and Technology Education certificate. The required examination and minimum qualifying scores acceptable for certification in each area are determined by the State Board of Education.

(ii) Applicants not bearing proof of competence (i.e., nationally recognized certification, licensure, or registration) must pass a nationally recognized competency examination within two (2) years of application. Refer to the guidelines for accepted certification, licensure, or registration.

(b) Basic Skills Examination

(i) Successful completion of the basic skills examination is prerequisite to issuance of the professional Career and Technology Education certificate. The required minimum qualifying score is determined by the State Board of Education.

(ii) The exam must be taken during the first year of induction certification. The candidate will have five years to successfully pass the examination.

E. EDUCATION AND WORK EXPERIENCE REQUIRED FOR CERTIFICATE CLASSIFICATION

(1) The classification of the educator's certificate is determined by the applicant's level of formal education and formal work experience and the degree to which that education and formal work experience are appropriate to the area in which certification is desired. An appropriate degree shall include a minimum of 30 semester hours of course work appropriate to the field of certification. The requirements for achieving these classifications are to be met in conjunction with the requirements delineated on pages 1 and 2. The Career and Technology Education educator's certificate classifications are as follows:

(2) Levels of Certification

(a) Level VIII--Doctorate

(i) An applicant shall have an earned doctoral degree in accordance with State Board of Education regulations, shall meet requirements in an initial area of certification, and have at least six months of work experience related to the area of certification and/or internship (at least 21 hours in a concentrated field of study).

(ii) The certificate is valid for a five-year period after obtaining a professional certificate.

(b) Level VII--Specialist

(i) An applicant shall have a master's degree in accordance with State Board of Education regulations in an initial area of certification. Also required are thirty (30) semester hours beyond the master's degree of which twenty-one (21) hours must be in a concentrated area of study. Further, the applicant must have at least six months of work experience or an internship related to the area of certification.

(ii) The certificate is valid for a five-year period after obtaining a professional certificate.

(c) Level I--Career And Technology Education

(i) An applicant shall have earned a master's degree in accordance with State Board of Education regulations, shall meet requirements in an initial area of certification, and have at least six months of full-time work experience and/or internship related to the area of certification. The certificate is valid for a five-year period after obtaining a professional certificate; OR

(ii) Bachelor's Degree:

(a) Bachelor's Degree and eighteen (18) semester hours post-baccalaureate credits in an appropriate field plus one (1) year of full-time work experience or internship related to the area of certification OR

(b) A Bachelor's Degree in an appropriate field plus two years of full-time work experience and/or internship related to the area of certification; OR

(iii) No Bachelor's Degree:

(a) Successful completion of three (3) years of college (ninety [90]) semester hours or equivalent) in an approved postsecondary program plus three (3) years' full-time work experience related to the area of certification; OR

(b) Successful completion of two (2) years (sixty [60]) semester hours or equivalent) in an approved post-secondary program plus four (4) years of full-time work experience related to the area of certification; OR

(c) Successful completion of one (1) year (thirty [30] semester hours or equivalent) in an approved post-secondary program plus five (5) years of full-time work experience related to the area of certification; OR

(d) Six (6) years of successful full-time work experience in the field employed to teach plus a high school diploma or equivalent.

(d) Level II--Career And Technology Education

(i) An applicant shall have earned a bachelor's degree and eighteen (18) semester hours post-graduate credits in an appropriate field, have at least six months of full-time work experience and/or internship related to the area of certification, and shall meet requirements in an initial area of certification. The certificate is valid for a five-year period after obtaining a professional certificate; OR

(ii) A Bachelor's Degree in an appropriate field plus one (1) year's full-time work experience related to the area of certification; OR

(iii) Successful completion of three (3) years of college (ninety [90]) semester hours or equivalent) in an approved postsecondary program plus two (2) years full-time work experience related to the area of certification; OR

(iv) Successful completion of two (2) years (sixty [60]) semester hours or equivalent) in an approved post-secondary program plus three (3) years' full-time work experience related to the area of certification; OR

(v) Successful completion of one (1) year (thirty [30]) semester hours or equivalent) in an approved post-secondary program plus four (4) years of full-time work experience related to the area of certification; OR

(vi) Five (5) years of successful full-time work experience in the field employed to teach plus a high school diploma or equivalent.

(e) Level III--Career And Technology Education

(i) An applicant shall have earned a bachelor's degree in an appropriate field in accordance with State Board of Education regulations and have at least six months of full-time work experience and/or internship related to the area of certification, and shall meet requirements in an initial area of certification; OR

(ii) Successful completion of three (3) years of college (ninety [90]) semester hours or equivalent) in an approved postsecondary program plus one (1) year of full-time work experience related to the area of certification; OR

(iii) Successful completion of two (2) years (sixty [60]) semester hours or equivalent) in an approved post-secondary program plus two (2) years of full-time work experience related to the area of certification; OR

(iv) Successful completion of one (1) year (thirty [30]) semester hours or equivalent) in an approved post-secondary program plus three (3) years of full-time work experience related to the area of certification; OR

(v) Four (4) years of successful full-time work experience in the field employed to teach plus a high school diploma or equivalent.

F. INITIAL WORK-BASED CERTIFICATE

(1) Induction Certificate

(a) A two-year nonrenewable induction certificate will be issued in the same five classifications listed in Section E.(2) if the following conditions are met:

(i) Verification of full-time work experience as required for certification;

(ii) Two references from person having firsthand knowledge of the applicant's technical experience; and

(iii) An official verification of all formal education.

(b) Term of issuance-one year with the provision to renew for a second year.

(c) Employment as a full-or part-time teacher in a South Carolina public school.

(2) Three-Year Pre-Professional Certificates

(a) A three-year nonrenewable pre-professional certificate may be issued after the expiration of the two-year induction certificate if the following requirements are met:

(i) Attain minimum qualifying score on the competency exam in the field for which induction certification is held,

(ii) Demonstrate competency in teaching methods as specified in the Regulation 205.1, Assisting, Developing, and Evaluating Professional Teaching, and

(iii) Take the basic skills examination as approved by the State Board of Education.

(3) Professional Certificate

(a) Upon the expiration of the three-year pre-professional certificate, a professional Career and Technology Education certificate valid for five years will be issued if the following requirements are met:

(i) Demonstrate competency in teaching methods as specified in the guidelines, and

(ii) Attain at least the minimum qualifying score on the approved basic skills examination.

(b) Applicants who do not complete the requirements for a professional certificate during the five years of induction and pre-professional certification must meet all certification requirements for a professional certificate in effect at the time they qualify.

G. ADVANCEMENT OF CERTIFICATES

(1) Certificates may be advanced based on guidelines approved by the State Board of Education.

(2) Certificates may be advanced by:

(a) Providing the required documentation of indicating that State Board of Education requirements for certificate advancement have been met;

(b) Making a written request to the Career and Technology Education Certification Section, Office of Teacher Certification, Division of Teacher Quality, to have the certificate advanced; and

(c) Paying the required fee for advancement of the certificate.

H. GENERAL INFORMATION

(1) Correspondence Schools

If courses are in the area in which the applicant teaches or are in general education, upon presentation of substantiating evidence correspondence courses may be accepted as renewal credit.

(2) Supervised Skill Update

Three hundred twenty (320) clock hours of work experience in the area being taught can be counted to substitute for three (3) semester hours of approved renewal credit. Self-employment experience is not acceptable. The proposed work experience must show that appropriate new skills will be developed. This allowance is to be made only one (1) time during any five-year renewal period. Prior application and approval is required for this credit. Applications may be secured from the Office of Teacher Certification, Division of Teacher Quality, State Department of Education, Columbia, South Carolina 29201.

(3) Approved Subject Area Work Experience Completed Five (5) Years Prior To Application

At least twelve (12) months of full-time work experience in the certificate area must have been completed within five (5) years of making application for certification. Applicants with valid out-of-state certificates with three (3) years teaching experience in the five (5) years prior to the application shall meet this requirement.

(4) Part-Time Work Experience Related To The Area Of Certification

Part-time work experience may be used to meet up to fifty (50) percent of the work experience requirements for any level of certificate.

(5) Semester Hours

All credits are computed in semester hours. (Three quarter hours are equivalent to two (2) semester hours.)

(6) Out-Of-State Candidates

Out-of-state candidates holding valid, standard certificates from other states must meet the State Board of Education requirement for full or initial certification. These certificates may be renewed as any other.

(7) Continuing Education Units

Continuing education courses may be accepted when earned in the content area of the specialized body of knowledge and approved by the Office of Teacher Certification, Division of Teacher Quality, South Carolina Department of Education, Columbia, South Carolina 29201.

(8) Student Teaching

Career and Technology Education certified personnel are not required to do student teaching.

(9) Acquiring Additional Areas Of Certification

A person who holds a valid South Carolina Career and Technology Education educator's certificate may, upon written request and payment of the required fee, add additional endorsements in accordance with the following criteria:

(a) Verification of full-time work experience as required for certification;

(b) Two technical references from persons having firsthand knowledge of the applicant's work experience, and

(c) Attainment of at least the minimum qualifying score on the required competency examination.

(10) Certification For Individuals With Unique Occupational Training And Experience For Which There Is No Competency Examination

The changing nature of business and industry and their employment needs require that school districts be able to develop and implement new training programs to meet those needs in areas where no competency examination is available.

(a) The applicant must meet all other requirements for Career and Technology Education certification (except the competency examination). Application for a certificate will be allowed in the cases of new and innovative programs providing the following additional criteria are met. The applicant must have:

(i) A bachelor's degree from a regionally accredited college or university in the area of assignment and at least one year of related work experience in the area of assignment. The certificate level will be based upon the highest degree held and years of documented related work experience; and

(ii) Documentation of outstanding achievements related to the area of assignment, which could be used to verify competence in the field.

(iii) The district must submit documentation of the need (local needs assessment) for the new program for which licensure is sought. In 1994 the State Board of Education called for the following criteria for needs assessments:

Written documentation of the employment needs of new or expanding business/industries employing graduates of the program(s), ... must be submitted and endorsed by the CEO, President, or Human Resources Manager of one of the businesses in question and must include, as a minimum, (a) current and three-year projected employment needs, (b) indication of business/industry involvement with the local educational agency ..., (c) letters from the local Employment Security Commission, local development board, or local chamber of commerce specifying the needs for graduates of the program(s) for which licensure is requested.

I. EMPLOYMENT OF INDIVIDUALS WITH INDUSTRY CERTIFIED CAREER AND TECHNOLOGY EDUCATION TRAINING AND EXPERIENCE

(1) School districts shall be allowed to hire individuals with recognized eminence in career and technology areas to teach in high schools and career centers. This employment provides districts the opportunity to take advantage of outstanding expertise available where (a) programs and certification have not been approved by the State Board of Education and (b) programs have been approved by the State Board of Education but no certified teacher is available.

(a) School districts will be allowed to petition the State Board of Education through the Division of Teacher Quality at the State Department of Education for a temporary certificate that will allow the employment of an individual in an instructional position provided the individual meets the criteria listed below. The temporary two-year certificates are nontransferable to another district and can only be requested by the school district.

(b) An individual seeking employment under this provision will be issued a certificate that will be valid for one year unless revoked at the request of the district. The temporary certificate may be renewed one additional year. After two years the individual will be required to meet certification requirements listed in this regulation.

(c) The individual must have at least four years of experience in the area of assignment. The certificate will be issued at the corresponding level of educational attainment and/or verified work experience listed in this regulation.

(d) Documentation of outstanding achievements related to the area of assignment can be used to verify competency in the field.

(e) The individual must have received an "all clear" report from the FBI fingerprint process before the two-year temporary certificate can be issued.

(f) School districts shall closely monitor teaching content and techniques utilized by such individuals to ensure that appropriate instructional methods are used in accordance with State Board of Education guidelines. The Office of Career and Technology Education will monitor course content.

J. GUIDELINES

The State Department of Education has authority to develop guidelines in accordance with provisions of this regulation.

43-64. Requirements for Certification at the Advanced Level.

I. ADMINISTRATION

A. Elementary School Principal and Supervisor

1. Master's degree

2. Valid South Carolina Educator's Professional Certificate at the elementary level

3. Minimum qualifying score(s) on the area examinations required by the State Board of Education

4. Verification of three years teaching experience, including at least one year of teaching in grades pre-K-8

5. Completion of an advanced program approved by the State Board of Education for the training of elementary principals and supervisors

B. Secondary School Principal and Supervisor

1. Master's degree

2. Valid South Carolina Professional Certificate at the secondary level

3. Minimum qualifying score(s) on the area examination(s) required by the State Board of Education

4. Verification of three years teaching experience, including at least one year of teaching in grades 7-12

5. Completion of an advanced program approved by the State Board of Education for the training of secondary principals and supervisors

C. District Superintendent

1. Master's degree

2. Valid South Carolina Professional Certificate at the elementary, middle, or secondary level

3. Minimum qualifying score(s) on the area examination(s) required by the State Board of Education

4. Verification of a total of three years experience as a pre-K-12 or postsecondary teacher and two years as a school or school district administrator, postsecondary administrator, or school business administrator

5. Completion of an advanced program approved by the State Board of Education for the training of school superintendents

D. District Superintendent (Alternative Route)

1. Master's degree

2. Verification of at least ten years of successful experience in a senior position(s) of leadership, such as Chief Executive Officer in a business, corporation or agency, military officer, or other position with responsibilities similar to those of a district superintendent.

3. Recommendation for certification by a local school board in a South Carolina public school district interested in employing the individual as a superintendent.

4. Submission of a plan of study by the local school board that the individual must complete within three years to include, at a minimum, the areas of curriculum and instruction, school finance, and school law. The candidate must also submit a passing score on area examination(s) required by the State Board of Education for district superintendents within the first year of employment as a superintendent.

5. Issuance of an initial certificate for one year. This certificate may be extended annually for two additional years at the request of the local school board based on verification of successful performance reviews.

6. Issuance of a professional certificate upon completion of the specified program of study, and minimum qualifying scores on the required certification examination(s), and the recommendation by the local school board after three years of successful service as superintendent.

E. Vocational/Technology/Career Center Director

1. Valid South Carolina secondary principal or supervisor certificate and certification in one of the following areas:

Agriculture

Family and Consumer Sciences

Health Occupations

Industrial Technology

Business and Marketing Technology

Career Technology Education

OR

2. Valid South Carolina secondary principal or supervisor certificate and three years of experience as a director or assistant director in a Vocational/Technology/Career Center

OR

3. Master's degree from a State Board of Education-approved teacher education program in vocational education, including fifteen semester hours in administration and certification in one of the following areas:

Agriculture

Family and Consumer Sciences

Health Occupations

Industrial Technology

Business and Marketing Technology

Career and Technology Education

The fifteen semester hours in administration required above are to be selected from the areas listed below:

General School Administration

School Personnel Administration

Techniques of Supervision

School Law

School Finance

Human Growth and Development

Curriculum Development

AND

4. Minimum qualifying score(s) on the area examination(s) required by the State Board of Education

5. Verification of five years experience as a pre-K-12 or postsecondary teacher, school or school district administrator, postsecondary administrator, or business administrator

II. OTHER INSTRUCTIONAL SUPPORT AREAS

A. ELEMENTARY AND SECONDARY GUIDANCE

1. Master's degree

2. Completion of an advanced program approved by the State Board of Education for the preparation of school counselors

3. Minimum qualifying score(s) on the area examination(s) required by the State Board of Education

B. SCHOOL PSYCHOLOGIST

1. SCHOOL PSYCHOLOGIST I

(a) Master's degree

(b) Completion of an advanced program approved by the State Board of Education for the preparation of school psychologists

(c) Minimum qualifying score(s) on the area examination(s) required by the State Board of Education

2. SCHOOL PSYCHOLOGIST II

(a) Specialist degree

(b) Completion of an advanced program approved by the State Board of Education for the preparation of school psychologists

(c) Minimum qualifying score(s) on the area examination(s) required by the State Board of Education

3. SCHOOL PSYCHOLOGIST III

(a) Doctorate degree

(b) Completion of an advanced program approved by the State Board of Education for the preparation of school psychologists

(c) Minimum qualifying score(s) on the area examination(s) required by the State Board of Education

C. SPEECH-LANGUAGE THERAPIST

1. Master's degree

2. Completion of an advanced program approved by the State Board of Education for the preparation of speech-language therapists

3. Minimum qualifying score(s) on the area examination(s) required by the State Board of Education

D. MEDIA SPECIALIST

1. Master's degree

2. Completion of an advanced program approved by the State Board of Education for the preparation of media specialists or school library media specialists

3. Minimum qualifying score(s) on the area examination(s) required by the State Board of Education

43-70. Textbook Adoption Regulation.

(Statutory Authority: 1976 Code Sections 59-5-60 and 59-31-550 Code of Laws of South Carolina)

Section 1. Statutory Authority

Pursuant to Sections 59-5-60 and 59-31-550, the State Board of Education shall have the responsibility and duty to adopt the instructional materials used for instruction in the free public schools of South Carolina subject to the provisions of the sections that follow. South Carolina contract statutes and any other applicable State laws guide the instructional materials adoption process.

Section 2. Instructional Materials Evaluation Criteria

General criteria governing the adoption of instructional materials shall be developed and revised by the State Department of Education and presented to the State Board of Education. Specific subject criteria are contained in the grade level education standards adopted by the State Board as well as each curriculum framework, occupational education core curriculum, and other program area materials which are not addressed within the standards and or curriculum framework and shall be used in the evaluation process.

Section 3: Instructional Materials Advisory Committee

The State Board of Education shall appoint, with the recommendation of the State Superintendent of Education, an Instructional Materials Advisory Committee. The Committee shall consist of fifteen members; six members who are actively engaged in teaching in South Carolina public schools; eight members who are actively engaged in school work either administratively or supervisory, at least one from each congressional district and two at large; and one lay citizen, preferably a former member of the State Board of Education. It is the intention of the State Board that the Committee membership include members whose interests reflect the needs of all students served by the educational system. Seven of the members shall be appointed for a term of two years; eight shall be appointed for a term of four years. Thereafter, the term of all appointed members shall be four years. The Committee shall be facilitated by appropriate staff members from offices of the State Department of Education.

The duties of the Advisory Committee shall be to study continually the Instructional Materials Review, Selection, and Distribution Process and make recommendations to the State Board of Education through the State Superintendent of Education as to changes needed in the process to meet the needs of students, schools, and school districts for instructional materials. The Committee should address: recommendations in regard to exercising options in existing contracts; recommendations in regard to renegotiating expiring contracts; and recommendations for prioritization of purchases should funds not be available. The Committee shall give careful attention to new and improved methods of presenting instructional materials. The Committee is authorized to secure the assistance and advice of consultants. Special consideration should be given to consultants from within the state.

The Instructional Materials Advisory Committee shall meet annually at the call of the Chair. Additional meetings, when necessary, may be held at the call of the Chair, a majority of its members, on request by the State Board of Education, or the State Superintendent of Education. However, the State Board of Education reserves the right to limit the number of official meetings this Committee may hold in one school year.

The Instructional Materials Advisory Committee may make curriculum reports when in its judgment such reports are deemed advisable. The Committee shall report to the State Board of Education not later than May of each year any changes needed to be made in the Instructional Materials Review, Selection, and Distribution Process during the following school year.

Section 4. Instructional Materials Review Panels Established

The State Board of Education shall appoint, with the recommendation of the State Superintendent of Education, Instructional Materials Review Panel or Panels for each area for which a curriculum framework has been adopted by the State Board of Education, occupational education core curriculum, or other program areas not addressed within a curriculum framework. The number of Panels needed and number of Panel members needed for each framework, occupational education core curriculum, or other program area shall be included in the recommendation from the State Superintendent of Education. Names of potential Review Panel members shall be obtained from district superintendents, State Board of Education members, curriculum framework writing teams, State Department of Education curriculum specialists, and others. For each position there shall be a nominee and one alternate. In the event the nominee does not accept, the State Superintendent of Education is authorized to appoint the alternate and to make other substitutions when necessary.

It is the desire of the State Board of Education that a balance be maintained on each Instructional Materials Review Panel between large and small, rural and urban schools and school districts, and that the Panel membership include members whose interests reflect the needs of all students served by the educational system. Each Review Panel may have up to 25 percent lay membership. All other members shall be persons who are actively engaged in teaching, in the supervision of teaching, in the administration of public schools, and persons who have had teaching experience, special training or supervision in the subject field in which they have been appointed, or who have expertise in a subject area from which material and information should be integrated within the subject area under review. A majority of those appointed shall be full-time classroom teachers. The recommendations by the State Superintendent of Education shall include the size of each Review Panel, length of service term for each member, and the appointment of a State Department of Education staff member as facilitator for each Review Panel.

Section 5. Subject Areas Open for Bid

The State Board of Education, upon the acceptance of the recommendations from the Instructional Materials Advisory Committee or upon adoption or revision of a curriculum framework in a particular subject area, shall call for the adoption of instructional materials. The State Board of Education, through the State Superintendent of Education, shall make information relative to the call for bids available to publishers vendors and school administrators, not later than 210 calendar days preceding the adoption date. It shall also make arrangements for an official announcement at least forty-five days before bids are to be opened. This announcement shall be sent to all companies registered with the State Department of Education, and a notice shall be given by legal advertisement in at least one daily newspaper in the State of South Carolina in accordance with general legal requirements.

Upon formal notice of the call for bids by the State Superintendent of Education, sample copies of the bid forms shall be made available to be used by companies in submitting instructional materials for adoption and a copy of the contract and bond each company shall be required to execute if its materials are adopted.

The State Superintendent of Education shall develop for State Board of Education approval a schedule outlining major dates and occurrences of the adoption process. The State Superintendent is authorized to make adjustments in the dates when necessary for the success of the adoption program. A copy of the Calendar of Events shall be provided to publishers/vendors with the call for bids.

Section 6. Submission of Materials for Panel Review

Publishers/vendors shall submit one copy of a brief along with the official bid for all instructional materials being offered for adoption. Failure to comply with this regulation shall automatically exclude materials for adoption. The brief shall include the level of learning difficulty, an ancillary materials and services list to include designation of free materials and price of optional materials for purchase, and other specific descriptive information as required by the State Superintendent of Education.

Each bidding company or its representative is responsible for distributing instructional material samples to each member of the appropriate Instructional Materials Review Panel on or before the date set by the State Board of Education for each adoption year. Companies are requested to supply a copy of the brief with the instructional materials samples to each Panel Member. This may be done by personal delivery or by mail to the address specified by the Review Panel member. Arrangements shall be made by the State Superintendent of Education for presentations by each bidder to the appropriate Instructional Materials Review Panel as a group. These group presentations shall take place no sooner than thirty days after the date which bidders are expected to have delivered sample materials. During formal panel deliberations, thirty minute sessions will be scheduled for each bidder with the Instructional Materials Review Panels during which the bidder will be given the opportunity to answer additional questions and present additional information.

Review Panels may request additional information and appearances from bidders during the adoption process. This shall be done by the facilitator when requested to do so by the Panel.

Section 7. Responsibilities of the Instructional Materials Review Panels

It shall be the duty of each Instructional Materials Review Panel to rate all items offered for adoption and file a written report with the State Superintendent of Education. The report shall consist of the Panel evaluation, list of items which the Panel recommends as suitable for adoption, and an annotation which includes for each item or series of items the common reading level of text materials, level of learning difficulty, and other information as required by the State Superintendent of Education. In order to be placed on the recommended list, instructional materials must receive affirmative votes from at least two-thirds of the Panel members.

There is no limit to the number of individual items or series of items which may be recommended by a Review Panel. All submitted items which meet the general and subject specific criteria as outlined in the grade level educational standards, curriculum framework, occupational education core curriculum, or other program areas for that subject should be recommended for adoption. However, prior provisions notwithstanding, the State Board of Education is not required to adopt any instructional materials recommended by the Review Panels that in the judgment of the State Board of Education are unsatisfactory.

The State Board of Education shall not approve and add a textbook or instructional materials to the state list of adopted materials unless it has been reviewed and rated by a properly constituted Instructional Materials Review Panel.

To facilitate efficient and competent evaluations by the Review Panels, the State Board of Education shall furnish the Panels with detailed instructions pertaining to its duties; an orientation to and copies of the subject's standards, curriculum framework, occupational education core curriculum, and other program area instruction; instructional materials evaluation criteria; and the time schedule necessary in order that the State Board of Education complete its work in an orderly fashion. It shall be the duty of the State Superintendent of Education or his/her designee to serve as coordinator and liaison between the State Board of Education and the Review Panels.

The Review Panels are authorized to secure the assistance and advice of consultants. Special consideration should be given to consultants from within the state. The Panels may receive clerical services from the State Department of Education.

Each Panel member must submit signed ratings sheets to the facilitator of the Review Panel for the State Department of Education files.

Textbooks shall not be recommended by the Instructional Materials Review Panels and the State Board of Education shall not adopt textbooks that fail to meet the official "Manufacturing Standards and Specifications for Textbooks." As national standards are developed for non-traditional materials, the State Board of Education may require adherence to those standards as well. Provided the State Board of Education reserves the right to waive minor deviations and technicalities, however, in each case the bidder is responsible for showing cause why the standards cannot be met. Copies of the official manufacturing standards and specifications and other applicable standards shall be made available for review to the bidding companies.

In the event an Instructional Materials Review Panel cannot submit a report that is acceptable to the State Board of Education, the Panel may be dissolved and a new Panel appointed in the same manner as the original Panel or the area may be considered for opening at a later date by the Instructional Materials Advisory Committee.

Each Instructional Materials Review Panel shall be dissolved according to the scheduled date of their term expiration.

Section 8. Public Review of Materials

The State Superintendent of Education shall make arrangements for a thirty-day public review of materials recommended by the Instructional Materials Review Panels prior to taking those recommendations to the State Board of Education. The public review sites shall be geographically distributed around the state at as many state-supported colleges and universities or, if necessary, other designated sites as will agree to host such reviews. The materials for public review shall be provided by the bidding companies. Public review sites shall be advertised in each congressional district in the newspaper with the largest circulation figures for that district.

A summary of the comments received during the public review period shall be provided to the State Board of Education to facilitate their adoption of instructional materials.

Section 9. Instructional Materials Review Panel Recommendations Submitted to State Board of Education

The State Department of Education shall provide to the State Board of Education, the Instructional Materials Advisory Committee, and the Instructional Materials Review Panels information to assist in determining whether instructional materials offered for adoption meet the official "Manufacturing Standards and Specifications for Textbooks" or other materials standards as available. A list shall be furnished of materials offered for adoption which, in the Department's judgment, fail to meet the manufacturing standards and specifications and specify in detail the deviations the State Department of Education finds prior to the rating by the Review Panels.

Materials which may not meet the appropriate manufacturing standards and specifications for those types of materials may be adopted when recommended by the appropriate Instructional Materials Review Panel and when the Panel's justification is deemed sufficient by the State Board of Education.

The Review Panels may recommend and the State Board of Education may adopt instructional materials in manuscript or beta stage. Provided, however, any contract awarded for materials in manuscript or beta form shall be subject to final approval by the State Board of Education and the Review Panels as to the final wording, format, illustrations and captions, and physical construction. None of the members of an Instructional Materials Review Panel for subject matter adopted in manuscript or beta form shall be discharged until final action has been taken by the State Board of Education on the completed product.

Section 10. State Board of Education Approval of Instructional Materials

Each Instructional Materials Review Panel shall submit to the State Board of Education through the State Superintendent of Education materials recommended for adoption in each subject area for which materials have been solicited for bid.

Section 11. Publish Instructional Materials Listing

The State Department of Education shall publish annually a listing of the newly adopted instructional materials for use in the public schools of South Carolina. A copy shall be provided to each school and school district.

Section 12. Substitution of Instructional Materials

Substitutions of new copyrights for instructional materials under contracts shall be allowed only with written permission as specified below.

A. Any company under contract desiring to substitute a later copyright of adopted instructional materials with minor changes that can be used interchangeably in the same classroom without confusion may make application to the State Superintendent of Education. The company shall submit the appropriate number of samples of the edition under contract, samples of the edition it proposes to substitute, and complete lists of changes between the editions. If, after consultation with the appropriate Review Panel, the State Superintendent of Education concludes that the two editions can be used interchangeably in the same classroom without confusion, the State Superintendent is authorized to grant permission to substitute the new edition. All substitutions made under this provision shall comply with Section 9 of the regulations as to the construction of the instructional materials. All substitutions made under this provision shall be approved by the State Superintendent of Education and reported to the State Board of Education.

B. Any company, desiring to substitute a later copyright of adopted instructional material that is so different from the original material that it cannot be used interchangeably in the same classroom without confusion, must make application to the State Board of Education and agree to take up all copies of the old instructional material in use in the public schools of South Carolina and allow an exchange rate to the State equal to any equity they have in the used material. The State Board of Education shall examine the company's request and if, in its judgment, there is sufficient merit to warrant further consideration, the State Board of Education shall instruct the appropriate Instructional Materials Review Panel to review the materials for substitution. After receiving the recommendation of the Panel, the State Board of Education shall determine whether the substitution shall be allowed.

C. In all substitutions allowed, prices shall not exceed the price named in the original contract.

Section 13. Instructional Materials Review Panel Expenses

All members of the Instructional Materials Advisory Committee and of the Instructional Materials Review Panels except ex-officio members or full-time employees of the State of South Carolina shall be paid expenses as prescribed by State law and as funds are available.

Section 14. Submission of Materials by Schools or School Districts

A school or school district may submit for review materials which in their opinion best suit the needs of the students in their care. Upon submission, the school or school district shall be notified of the time frame within which they may expect to have the materials for use in schools. Materials to be used during the following school year must be approved by the State Board of Education by May of each year.

The State Department of Education shall request the publisher/vendor to submit the materials for adoption and copies of sample materials for use by the appropriate Instructional Materials Review Panel. Inability to secure agreement from the publisher/vendor for participation in the review process shall result in a denial of the request for review. Any item previously reviewed by a Review Panel in the initial call for bids for a subject area shall not be considered for review under this section.

If the publisher/vendor agrees to submit the materials for adoption, all applicable adoption regulations will be followed. Materials approved under this section shall be available for public review through the State Department of Education. Under no circumstances shall this section be used as a vehicle to circumvent the State instructional materials adoptions.

Section 15. Registering of Bidders and Publishers

Any bidder or publisher submitting instructional materials to the State for adoption shall on or before the day bids are received register with the State Department of Education the names, home addresses, and business telephone numbers of all agents or employees of any kind or persons retained for legal or other services to whom there is being paid or there will be paid any salary, commission or royalty for representing the bidder or publisher. This information shall be kept open for inspection by the public, members of the State Board of Education, the Instructional Materials Advisory Committee, and the Instructional Material Review Panels. The failure of any bidder or publisher to register the names, home addresses, and business telephone numbers of all agents of any kind as specified shall be deemed as sufficient cause for summary rejection of the bid or proposal of that bidder or publisher.

Section 16. Conflict of Regulations

Any or all rules and regulations which may be in conflict with the provisions of this regulation are hereby declared null and void.

Section 17. State Board of Education Waiver

A. The State Board of Education may, in its discretion and upon written request of the Department or any person who is subject to this regulation, grant a variance from one or more specific provisions of this regulation. The requesting party shall:

1. identify the specific provisions of this regulation from which variance is sought;

2. demonstrate that compliance with the identified provision would not be in the best interest of students, schools, school districts, or the state; and

3. demonstrate that the variance will have no significant adverse impact on the students, schools, school districts, or the state.

B. In granting a variance, the State Board may impose conditions reasonably necessary to assure that the subject activity will have no adverse impact on the students, schools, school districts, or the state.

C. Any variance granted by the State Board may be immediately withdrawn if the State Board finds noncompliance with conditions of the variance or other information that the variance is not in the public interest or that the petitioner has provided false or inaccurate information on which the variance was granted.

D. Nothing herein shall be construed as a waiver of the State Board's right to deny any petition for a variance.

43-71. Free Textbooks.

(Statutory Authority: 1976 Code Sections 59-5-60 and 59-31-360)

Section 1. Free Basal Textbook Enabling Act. Pursuant to Section 59-31-360 to provide "free basal textbooks" in Grades 1 through 12, S. C. State Board of Education does hereby set forth procedures for ordering instructional materials.

Section 2. Requisition for Free Instructional Materials. Requisitions for free instructional materials shall be made only to the State Department of Education, in accordance with "Instructional Materials Management Procedures for Schools", by completing the official current order form or on internet using the ordering system on the South Carolina Instructional Materials Central Depository website.

Section 3. Provisions for Requisitioning and Distributing Free Instructional Materials.

A. Acquisition of Free Instructional Materials on Levels of Achievement. Any pupil who is a member of any grade within the free instructional materials program may be assigned free instructional materials on the appropriate achievement level as indicated by tests and other evaluations.

B. Allocation of Instructional Materials to Schools. The State Department of Education shall provide a schedule of instructional materials allocation formulas to the State Board of Education for information annually. The formulas shall be based on available funding provided by the General Assembly for the Instructional Materials program; the average cost of adopted instructional materials; and the prescribed percentage of total membership used in calculating materials allocations.

C. Educable Mentally Handicapped (Special Education) Reading Primary classes shall be eligible for necessary reading materials not to exceed two pre-readiness readers and/or readiness programs and one beginning reading program.

Section 4. Changing to New Titles or Series. A school may change to a new title or series in a subject area only when new material on the same level is adopted by the State Board of Education. Schools shall not return materials presently on the state adopted list to be exchanged for other titles or series, except limited changes that are justified by variations in student achievements. Any books materials exchanged must be on different levels of difficulty. Provided, that the Board shall have the authority to limit or postpone the acquisition of titles or series for such period of time as may be deemed advisable.

Section 5. Property of the State. Title to all materials issued to schools and depositories under the Free Textbook Act shall be vested in the State. (Legislative Provision).

Section 6. Responsible Parties. The district board of trustees shall be responsible for the proper custody of all materials in its schools and depositories and shall be responsible for the administration of the Instructional Materials Management Procedures for Schools in those schools and depositories.

Section 7. Distribution to Schools. The county or district board of trustees shall elect from the procedures listed below the system of distribution to be used.

A. County Depository: A county depository may be established through which all materials in the county will be distributed.

B. District Depository: A district depository may be established through which all materials in the district will be distributed.

C. School Depository: A school depository may be established through which all materials in the school will be distributed.

The board of trustees may designate an agent to operate the depository, maintain adequate records and make necessary reports and remittances to the responsible office at the State Department of Education (SDE); however, such designation does not relieve the board of its responsibilities.

Section 8. Shipping of Instructional Materials. Each school or depository will be sent a Shipment Advisory listing the materials shipped to it. The school or depository agent shall verify the materials received with the materials listed on the Shipment Advisory. If the title(s) and number of materials received do not agree with the title(s) and number of materials on the Shipment Advisory, a report must be made promptly to the responsible office at the State Department of Education (SDE) showing: (1) the name of the school and county, (2) the number and date of the Shipment Advisory, (3) a complete itemized list of the differences between Shipment Advisory and books received, both over and short.

Section 9. Records and Reports. Each school and depository shall maintain a separate and complete file for instructional material records, correspondence, and forms. Each school and depository shall maintain an accurate record of the number of materials on hand, materials received and materials returned. They, also, shall keep an accurate record of sales, lost materials, and damage fees and report same to the State Department of Education and remit all funds collected and pay promptly all amounts due. The Department will issue an official receipt covering each remittance.

Each school and depository shall furnish the responsible office at the State Department of Education (SDE) with membership reports, anticipated membership reports, inventory reports, and other reports as may be requested. Each school shall maintain a record of materials issued to each pupil.

Section 10. Storage. Each school and depository shall provide for instructional materials adequate places of storage which are safe, clean, dry, well arranged, and free of insects. Care must be taken to see that materials do not mold while in storage. Materials should not be stored on floors and should be at least one inch from walls to allow proper ventilation and protection from termites.

Section 11. Distribution Within the School. Materials may be distributed directly to the pupils from the central bookroom or delivered from the bookroom to each teacher to be issued to the pupils.

Section 12. Inspection. All materials and materials records shall be subject at any time to inspection by authorized agents of the county and/or district board of trustees and the State Department of Education. It shall be the duty of each teacher to inspect frequently the materials issued to pupils and to emphasize the proper care and handling of materials.

Section 13. Stamping or Labeling Instructional Materials. Free Instructional materials issued to pupils shall be stamped "Property of South Carolina, Year _____, No. _____", or have the Property of South Carolina gummed label placed on the inside of the front cover or in a visible place on the outside of a non-book item. New materials shall not be stamped or labeled until issued to pupils. It is NOT necessary to RESTAMP a material after the first stamp has been applied, however, it is necessary to enter the current year and serial number underneath the original stamp impression each year the material is issued.

Section 14. Issuing Used Instructional Materials. All used materials of each title shall be issued before any new materials of the same title are issued.

Section 15. Marking in Instructional Materials. Pupil's name may be written below the property stamp impression or on the property label. Pupils may appropriately mark lesson assignments, otherwise they shall not mark or write in instructional materials. (See Section 20-Damaged Instructional Materials)

Section 16. No Deposits Charged on Instructional Materials. No board or agent thereof shall require a pupil to pay a deposit on any free materials issued by the State Department of Education.

Section 17. Instructional Materials to be Returned by Pupils. Materials shall be turned in to the school by the pupil, parents or guardians under the following circumstances:

A. When appropriately requested by a teacher or school official.

B. When the course is completed or discontinued by the school or pupil.

C. When the pupil withdraws from school.

D. At the end of the school year.

Section 18. Transfer Students. A school from which a pupil transfers shall make an appropriate notation on the pupil's transcript records as to whether all his or her materials were returned to the school and whether any damage or lost materials fees are unpaid. (See Sections 17, 19, and 20)

Section 19. Lost Instructional Materials. Schools may require pupils, parents or guardians to pay for instructional materials lost and the pupil, parent or guardian may be denied further benefits of the Free Instructional Materials Program until in compliance with this requirement. This requirement may be waived in instances where the judgment of the principal and/or responsible officials believe that the child is a victim of unusual circumstances. The school district shall be responsible for the cost. The report of lost instructional materials paid for and sales should be itemized by titles on an appropriate form sent each school at the end of the school year. The schedule of charges shall be determined by the State Board of Education upon the recommendation of the State Department of Education. Fees collected for lost materials shall be remitted to the State Department of Education.

Section 20. Damaged Instructional Materials. Schools are required to collect appropriate damage fees from any pupil, parent or guardian for abuse or improper care of instructional materials and the pupil, parent or guardian may be denied further benefits of the Free Instructional Materials Program until in compliance with this requirement. This requirement may be waived in instances where the judgment of the principal and/or responsible officials believe that the child is a victim of unusual circumstances. The school or district shall be responsible for the cost. The amount to be charged in such cases shall be determined by the agent in charge of materials. In no case, shall the cost exceed the amount of charge applicable had the material been lost, provided that the pupil, parent, guardian shall have the option of paying the damage fee or purchasing the material according to the schedule in Section 19 above.

Materials on which only a damage fee is collected shall remain the property of the state and shall remain with the school for further use.

Materials damage fees collected should be reported in a lump sum in the space provided on the annual instructional materials inventory form sent each school at the end of the school year. Fees collected for damaged materials shall be remitted to the State Department of Education.

Section 21. Fire Loss. Materials destroyed or damaged beyond further use by fire in school buildings or private homes shall not be charged to the individual or school provided an official of the school furnishes the State Department of Education a certified list of the materials destroyed and the place and date of the fire.

Section 22. Contagious Diseases. Materials issued to a pupil having a contagious disease such as scarlet fever, diphtheria, etc., shall be burned by the local agent provided such destruction has been recommended by the physician attending the child. The local agent shall provide the State Department of Education with a certified list of the materials destroyed.

Section 23. Returning Instructional Materials to Central Depository. Schools or depositories shall not return used free instructional materials except when requested or authorized to do so by the State Department of Education. New instructional materials (materials which never have been put in use or tagged, stamped, or labeled) may be returned at any time. (See instructions below)

A. Address all shipments to:

Central Depository

301 Greystone Blvd.

Columbia, South Carolina 29210

B. Return instructional materials by completing the Return Form.

C. When preparing the Return Form, list the instructional materials and follow the instructions on the form.

Section 24. Defective Instructional Materials. Defective materials should be clearly marked "DEFECT" on the outside of the front cover and the defect identified on the inside of the front cover or in a visible place on the outside of a non-book item. Return the defective materials as soon as possible to the Instructional Materials Central Depository and notify the responsible office at the State Department of Education (SDE) whether a replacement or an inventory credit is desired.

Section 25. Disposition of Out-of-Adoption Instructional Materials.

A. Out-of-adoption instructional materials are those for which the contracts with the publishers have expired.

B. Schools shall return all new out-of-adoption instructional materials to the Instructional Materials Central Depository promptly after the expiration of the contract.

C. Schools may continue to use a title on which the contract has expired as long as the title is available from stock owned by the state. Schools should continue to use such materials until they have carefully evaluated all newly adopted materials and selected those best suited to their needs. Schools may continue to use the old title for some grade sections and new titles for other grade sections if they wish.

D. Schools which change to new titles may be requested to return all or a portion of the titles that are being discontinued. The remaining copies may be used or disposed of by the school. Maximum use should be made of these materials, such as additional text material including assignments for classroom work or consigned for home study.

E. Out-of-adoption materials will be removed from the inventory of books charged to the school before the second year after the expiration of the contract with the publisher. Districts should attempt to dispose of out-of-adoption materials locally. Districts may dispose of those materials in any manner, including selling materials for the purpose of recycle or resale. Funds received by the sale of used materials must be used for the purchase of instructional materials or supplies.

Section 26. Consumable Instructional Materials.

A. The State Department of Education will publish annually a listing of consumable instructional materials. Any materials not on the listing shall be considered non-consumable. Schools using non-consumable materials as consumable shall be responsible for the cost of replacement.

B. Instructional materials such as workbooks, lab manuals, and test booklets that provide space for written comments and answers shall be classified as one-year consumables and considered consumed once issued to a student and used for instruction. One-year consumable materials issued to a student and used for instruction will be removed from inventory annually.

C. Funds to replace consumable materials will be provided annually to the extent that an Appropriation is provided by the General Assembly for instructional materials with replacement of non-consumable materials having first priority.

Section 27. Accounts Must Be Settled. The State Department of Education may file a certificate of delinquency with the State Treasurer under Section 11-9-75 for unpaid fees for lost instructional materials 90 days or more delinquent.

Section 28. Special Adoptions. Instructional materials, textbooks, or series not currently available from the State Department of Education that are subsequently added as a special adoption under Section 59-31-45 may be purchased with the district's existing allocation. The State Department of Education may limit the exchange of instructional materials replaced by special and district adoptions.

Section 29. Most Favored Purchaser. Pursuant to South Carolina Code, if publishers sell materials to any other person or entity at a lower price than the price offered to South Carolina, that reduced price automatically becomes the contract price for South Carolina. At the end of each calendar year, publishers shall submit a certified list of all contracts made with other entities during the calendar year just closed on all instructional materials for which the publisher has a contract in South Carolina. That list must include the contract price for those materials.

43-72. Repealed by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

43-73. Disposition of Instructional Materials Samples after State Adoption Process.

A. Sample copies of instructional materials, textbooks, and supplementary materials furnished to members of the Instructional Materials Review Panels shall remain in possession of panel members until the adoption process has been completed. State Board of Education action on recommendations from the panels will be considered as the completion of the adopted cycle in a given year. Samples furnished by publishers shall be handled in the following manner:

1. The publisher shall notify the State Department of Education of its intent to reclaim samples when official bids are submitted.

2. Each publisher electing to reclaim samples must arrange for collecting samples at its own expense from panel members within 30 days after the State Board of Education has approved the adoption.

3. Where publishers do not elect to reclaim samples or fail to collect the materials according to the procedures set forth in the policy, panel members may use them in their own work, donate them to public schools, state-supported institutions, or charitable non-profit organizations.

4. A panel member or employee of the State Department of Education shall not dispose of any instructional material samples or supplementary materials for profit or personal gain.

5. Samples furnished to the State Department of Education that are not adopted may be reclaimed at the publisher's expense by mail or picked up by the publisher's representative within 30 days after the adoption. Any samples not collected after 30 days may be donated to public schools, state-supported institutions, or charitable non-profit organizations but may not be sold.

6. A sample copy of all adopted instructional materials including workbooks and other supplemental materials shall be stored at the State Department of Education for the duration of the contract with its publisher.

7. Samples of materials stored at the State Department of Education, with expired contracts, be sent to the Central Depository for donating to public schools, state-supported institutions, charitable non-profit organizations, or disposing/recycling but may not be sold.

B. Samples of Non-Textbook Materials

1. A publisher may propose in writing to the instructional materials adoption program coordinator an alternative plan for sampling of non-textbook materials (kits, software, Internet-based programs, etc.). If the proposal is approved by the program coordinator such sampling shall be deemed acceptable for meeting State Board of Education sampling requirements.

2. Samples under the approved alternative plan must be reclaimed from panel members in the same manner as traditional samples as stated in A.2. of this policy. Unless excluded by the alternative plan, the State Department of Education shall retain non-textbook samples of adopted materials and access to adopted Internet programs for the duration of the contract with its publishers.

43-80. Operation of Public Pupil Transportation Services.

(Statutory Authority: S.C. Code Ann. Sections 59-5-60, 59-67-20, and 59-67-410 (1990) and S.C. Code Ann. Section 59-67-570 (Supp. 1998))

A. The school district board of trustees shall be responsible to the State Board of Education for the supervision of the school transportation program in the district. This shall include the recruitment of school bus drivers, employment and dismissal of school bus drivers, supervision of school bus drivers and the pupils being transported, proposed routing of buses, accurate transportation records as to mileage, number of pupils transported pursuant to Section 59-67-100, driver's time reports, school bus safety, and enforcing all other transportation regulations. The recruitment and employment of school bus drivers and supervisory personnel is the responsibility of the school district board of trustees. The transportation of pupils is an integral and essential part of the school program, and teachers and administrative personnel shall be assigned to school bus duties in the interest of the transportation program.

B. Transportation on regular school bus routes is authorized for public school pupils. Public school pupils include three-year to five-year old pupils that are disabled, kindergarten pupils in half-day programs, and the K-12 regularly enrolled students during the 180 day school year. Three and four-year old children attending public school-sponsored kindergarten or child development programs must be permitted to ride state-owned buses to the extent funds are made available by the General Assembly. Special programs operated and/or sponsored by the governing body of the school district may use school buses as long as transportation services are paid for by the school district at no cost to the State and do not disrupt school bus maintenance servicing or regular school bus routes. A special program is any education or other program sponsored by the school district that is not a program required by State statute or regulation to be operated by the school district. A student that is disabled shall be accompanied by an aide if the student's Individual Education Program so specifies.

Assignment of buses for new routes will be made on the basis of actual need. Justification must be submitted showing that all buses presently assigned to the district or area are being used to the maximum before additional equipment can be assigned.

To enhance school bus routing effectiveness, kindergarten pupils shall be assigned to morning or afternoon sessions on the basis of where they live.

C. The State shall not be required to operate buses for high school, junior high school, middle school, and elementary school pupils separately. Approval of separate transportation will be given only when such transportation can be accomplished with the same number of buses and approximately the same mileage. The schedule of work and the opening and closing hours for all schools served by the same buses must be arranged so as to facilitate a maximum amount of school work and at the same time permit the operation of a satisfactory and economical transportation program. School districts shall stagger school opening times when feasible to maximize the use of the school bus transportation system.

D. Five-year-old through grade 12 public school pupils that have temporary physical handicaps or have a chronic disorder of lengthy duration may have their parents or guardians apply for these students to receive special school bus transportation services. The application process is as follows:

1. Secure appropriate forms from the District Superintendent.

2. Have the pupil examined by a licensed medical doctor and receive a written statement from the licensed medical doctor to the effect that without special school bus transportation service, unusual hardship will be experienced by the pupil in walking the required distance to the regular route.

3. Submit the statement from the licensed medical doctor to the District Superintendent for approval.

4. The District Superintendent shall submit the health statement with a Request For Special School Bus Transportation Service approval to the local representative of the State Department of Education. Approval by the State Department of Education shall be required before a change in a school bus route for this purpose becomes official.

5. Approval for such a change in school bus routes shall terminate at the time the pupil no longer qualifies for special school bus transportation service, or when the pupil for whom the service was intended has moved residences.

E. Each school district shall prepare route descriptions and maps in accordance with laws and regulations and, upon approval of the district's board of trustees, shall submit the route descriptions and maps to the designated representative of the State Department of Education by October 15th of each year. Proposed changes in routes after October 15th must be approved by the designated representative of the State Department of Education before a change is made. In emergencies or unusual situations, districts may make route changes in keeping with laws and regulations with approval by telephone from the designated representative of the State Department of Education. Such approval must then be submitted in writing, with written approval received from the designated representative of the Department. Changes made without notification to and approval by the designated representative of the Department will result in the district being charged the prevailing rate per mile for permit trips. The amount for unauthorized mileage will be deducted from the district's transportation funding.

Written approval or disapproval of all routes will be provided by the State Department of Education no later than November 15th. A period of two weeks will be given to the district for corrections to be made after a notice of disapproval. Districts operating routes after November 15th that have not been approved will be considered as operating unauthorized routes and operated at the expense of the school district.

F. School bus stops on each route shall not be closer than two-tenths of a mile apart at safe points. Stops shall have a clear visibility of 600 feet in each direction or a "School Bus Stop Ahead" sign shall be located at a point 600 feet in each direction of the designated stop. During periods of inclement weather, buses may be allowed to stop on the regular route at safe points nearest the house of each child; however, buses shall not be permitted to leave regular routes. Stops and turn-abouts shall not be made on blind curves, steep grades, or near the crest of hills or in any other unsafe traffic environment.

G. Pupils shall not be transported from one district or attendance area to another when an appropriate school is provided within the district or attendance area. When an intra-district Choice Program is approved by an appropriate school district board of trustees, pupils may be transported across attendance area boundaries; however, this transportation shall be provided in the most productive and cost efficient manner and shall not violate the continuous riding time restrictions provided in statute.

H. No school bus shall stop for the purpose of picking up or discharging any non-handicapped school child living within one and one-half miles of the school, unless under the application provisions of Section 59-67-420 the child qualifies for transportation under one of the following conditions.

1. Where no additional state-owned school buses are required, it will be permitted for school buses to transport children, that reside along the route, to and from school on the established route within one and one-half miles distance of the school if there are vacant seats on the school bus. When transporting children that reside within the one and one-half mile distance of the school, other provisions of law and regulations must be maintained, and the school district must assume any additional operational expense.

2. When the school district Board of Trustees of any school district desires to have children transported to and from school within one and one-half miles distance of the school, state-owned buses may be used for this purpose provided the school district Board of Trustees pay to the State Department of Education an amount per mile to be determined annually by the State Department of Education. The per-mile amount should cover at a minimum all costs associated with the provision of the equipment used to provide the service. The methodology to determine this minimum cost shall be approved by the State Board of Education. The driver salary and benefits shall be paid directly by the school district. No additional state-owned buses will be assigned for transportation of students living within one and one-half miles of the school.

I. Regularly assigned buses may be used to transport pupils to vocational classes upon approval of the State Department of Education provided regular buses are the most cost effective method of transportation. If a regular assigned bus is not the most cost effective method, the District shall examine less costly transportation options. The State Department of Education shall reimburse the district for the least expensive alternative transportation mode. When buses are used, the class schedules shall be arranged so that buses can complete their regular morning and afternoon routes. As with all school bus transportation services, the school district Board of Trustees shall be responsible for providing adequate supervision on the bus at all times.

J. Buses shall be removed from routes when, in the opinion of the State Department of Education, abuse or vandalism becomes so excessive that it interferes with the maintenance and operation of buses for the regular school program.

K. The school district Board of Trustees must correct problems in the routing, supervision and/or use of any school bus under its jurisdiction. If problems are not corrected after official notification by the designated representative of the Department of Education, the school district shall assume all financial responsibility and all liability associated with operating the buses.

L. Buses shall be left at the designated school bus parking area during the school day. Exceptions:

1. With prior written approval by the Department of Education drivers of buses may be transported by school bus pool to their home mid-day provided it can be justified economically. The Department of Education for economic justification purposes will allow a pool bus to travel a distance of no more than five miles per driver transported one way per day. Pooling shall be defined as the transportation of more than one bus driver to home or to work on a single bus. In no case shall there be an adverse economic impact upon the bus maintenance services.

2. Drivers of buses may drive their assigned bus home mid-day when the one-way mileage does not exceed five miles. Any additional mileage shall be at the district's expense.

3. Buses may be parked at another school when there will be no adverse economic impact upon bus maintenance services.

4. At the end of the school day, drivers may drive their vehicle back to their home or a designated public parking facility only when it can be proven that to do so can be justified economically.

The exceptions for use of buses and the related economic justifications shall be part of the route and schedule plan submitted by the local school district to the Department of Education.

In exceptions 1 and 3 above, the request for approval shall include a plan to insure the proper servicing and maintenance of the bus.

The school district shall provide for safe loading and unloading of students and a suitable concrete or asphalt-paved area for the parking and servicing of buses during the school hours. The parking and service area shall be located and designed to insure that vehicular traffic, students or unauthorized personnel are not in or around parked buses during the school day and shall be in compliance with all safety and fire regulations.

M. Each school district is required to keep each school bus in a clean and sanitary condition. Each district is responsible for all excessive driver and passenger abuse to the buses. Any school district using a bus on a trip not authorized by the Department of Education shall assume all financial responsibility and liability.

The school district Board of Trustees shall designate, to the Department of Education, a school official to see that proper care is taken of the buses, that the buses shall not be abused; to see that drivers make required reports promptly; to assist in the investigation and collection of the cost for damages to state-owned equipment; and to aid in any proceedings, either civil or criminal.

N. School bus drivers shall be required to have a physical examination certified by a physician prior to the testing required to operate a school bus and every two years thereafter. The examining physician's certification shall be made on forms provided by the State Department of Education or the United States Department of Transportation. The school bus driver candidate must provide the testing administrator with the certified physical examination prior to taking the school bus driver physical performance test and the commercial driver's license skills test. The school bus driver candidate must provide a copy of the physician's certification to the employing school district. A school district may require additional physical examinations as the district determines to be appropriate. The State assumes no responsibility for the cost of physical examinations required by districts.

Prospective drivers must meet all the requirements for testing for the Commercial Driver's License and not have more than four (4) points against his/her license or driving record (MVR) including no more than four (4) points against his/her license or driving record in the previous twelve months. Drivers accumulating more than four (4) points after employment will be placed on probation, suspended without pay, or terminated as deemed appropriate by the school district based on the nature and severity of the driving offense(s).

School districts shall have a substance abuse program for school bus drivers and driver supervisory personnel. The program shall include at a minimum: (1) a substance abuse policy; (2) a substance abuse education program; (3) substance abuse testing; and (4) a substance abuse referral assistance program. The substance abuse testing program shall comply with the U. S. Department of Transportation testing program for drivers of passenger vehicles. The Department of Education shall institute a like substance abuse program for Department maintenance shop personnel.

If a bus driver receives a ticket for DUI, he/she will be suspended without pay and, if convicted of DUI, the driver shall be terminated.

O. State-owned school buses shall comply with the minimum posted speed, if greater than 45 miles per hour, for the highway used. Except that public school buses transporting Handicapped students shall comply with Section 59-67-525.

P. Each school district shall submit in writing no later than May 1st of each year any major changes in school assignments which would require a change in the number of buses for the following school year.

Q. The school district Board of Trustees shall have the authority to remove a bus from a regular school bus route when it is determined that the conduct of the passengers or others endangers the life and safety of the bus driver and passengers.

R. The school district Board of Trustees is authorized to assign seats to bus passengers when it is determined to be in the best interest of the transportation program.

S. Each school district shall submit to the Department of Education in writing no later than May 1st of each year, any major changes in school assignments which would require a change in the number of buses for the following school year.

T. SPECIAL TRANSPORTATION SERVICE

1. When state-owned buses or boats are used by the schools for educational purposes other than transporting pupils to and from school, the cost of operation shall be borne by the school district. The operator shall be paid by the local school district. In addition, a charge for the use of the bus or boat (use fees) as determined by the State Department of Education and approved by the State Board of Education, payable to the State Department of Education, shall be made. The school district Board of Trustees will be responsible for damages to the bus or boat as a result of abuse. The bus or boat use fees are applicable to all trips other than the regularly scheduled trips or trip segments to and from school as shown on the approved route description for the school district.

2. All drivers must complete the Department of Education School Bus Driver's Certification program and possess a School Bus Commercial Driver's License (with a "T" school bus restriction), or the appropriate Commercial Driver's License with-endorsements, issued by the State Department of Public Safety. The School Bus Driver's Certification program shall verify that a driver has satisfactorily completed a rigid school bus driver training course. The training and testing of the Department of Education School Bus Driver's Certification program shall be administered by individuals so certified by the Department of Education. The school boat must be operated by the Captain designated by the Department of Education. All school bus drivers, while being licensed or certified, must complete a physical performance test to demonstrate their physical ability to operate the school bus and to carry out the evacuation of students from the school bus.

3. The use of state-owned buses and boats for purposes other than transporting pupils to and from school shall in no way conflict with the regular school schedule.

4. The use of state-owned buses and boats shall be limited to those events and activities sponsored by school districts.

5. Request for documentation of the use of buses and boats for purpose of special services must be secured from the designated representative of the Department of Education prior to the vehicle's use.

6. The use of state-owned buses for special purposes for trips outside the State shall be limited to athletic and other school activities in adjacent counties in Georgia and North Carolina with the following exceptions. In North Carolina: Polk, Henderson, Transylvania, Jackson, and Macon Counties have mountainous terrain. State-owned buses shall not be used for special activities in these counties without prior route approval by the designated representative of the Department of Education.

7. The Department of Education permit For The Use Of School Buses or Boats prepared by the school district must accompany the operator on each trip made by the bus or boat.

Should any of the above regulations governing the use of school buses or boats for special services be violated in any school district, the Department of Education may withdraw approval to use state-owned school buses or boats from any further special service.

U. The bus or boat use fees shall be based on formula approved by the State Board of Education. The formula shall reflect the operational cost experienced by the State Department of Education plus an appropriate vehicle replacement charge. In compliance with approved State Board of Education bus or boat use fee formula, the Department of Education shall establish an annual fee for bus and boat use.

V. Variations from Transportation Regulations may be approved by the State Department of Education when such variations are clearly in the interest of safety, efficiency and economy. School districts seeking a variance from a regulation must submit a written request seeking approval from the Department of Education. The Department will approve or disapprove the request, in writing.

W. In accordance with Section 59-67-520 of the Code of Laws of South Carolina, it is hereby declared the policy of the State Board of Education to provide transportation for handicapped children within any school district to the nearest school in which a class is located serving the pupil's disabilities.

X. Eligibility for Transportation -Eligibility for transportation under the above provisions shall be limited to the following types of disabilities:

1. Trainable mentally handicapped (TMH)

2. Deaf-blind (DB)

3. Hearing handicapped (HH)

4. Visually handicapped (VH)(Legally Blind)

5. Emotionally handicapped (EH)(Severely)

6. Orthopedically handicapped (OH)

7. Educable mentally handicapped (EMH)

8. Learning disabled (LD)

9. Other health impaired (OHI)

10. Pre-school handicapped

11. Profoundly mentally handicapped (PMH)

12. Traumatic brain injury (TBI)

13. Autistic

14. Other disabilities identified in Section 504 of the Rehabilitation Act and the Americans With Disabilities Act.

Legal age for transporting children with disabilities are three (3) and four (4) years old and public school students (K-12) except for the hearing and visually handicapped which is 4-21 years of age. Students with disabilities may be transported on regular route school buses.

Y. District Boards of Trustees shall be responsible for locating classes for children with the above disabilities in or near the geographic center of the district or area so that all children with these disabilities can be transported on the same bus. The State Department of Education shall not be required to provide separate transportation for children with disabilities.

Z. Transportation will be provided either on state-owned buses or by contract between the State Department of Education and the school district, whichever is most economical to the State.

The following procedure shall be used in requesting transportation:

1. State-Owned Buses--State-owned buses will be assigned when the number of eligible students (usually minimum of 6) live within an area to make a bus route feasible from a time and mileage standpoint. School district officials shall submit a map and route description to the designated representative of the State Department of Education to justify assignment of the bus. Maps and descriptions will be submitted annually in the same manner as for regular bus routes.

2. Contract Transportation--Contract transportation will be limited to pupils who cannot be transported efficiently by state-owned buses. The following procedures will be used in requesting contract transportation.

a. The State Department of Education will be notified of the name of the pupil, location of residence, and school to which such pupil(s) is to be assigned. If it is determined that the pupil or pupils can not be transported on a bus already assigned to the district or if the number of pupils is insufficient to justify an additional bus, then, a contract will be signed between the school district and the parent or other individuals for transportation.

b. Contracts between the school district and parents or other individuals to transport one child will be based on a rate per mile as determined by the State Department of Education and approved by the State Board of Education for each 90 school days. If more than one student is transported, the contract may be used on the rate per vehicle or passenger mile for the actual number of miles traveled.

c. When it is in the best interest of the State, contracts may be written for transporting students who live within 2 miles of the school. The State Board of Education shall establish the funding limitation on the basis of a designated amount of dollars per student for 90 school days.

d. The maximum payment for transportation for any one pupil shall not exceed the amount established annually by the State Board of Education for each 90 school days unless a special exception is approved by the State Board of Education.

e. All proposed contracts must be approved by the State Department of Education prior to commencing transportation. Reimbursement will be from the date of approval.

f. Contract transportation will not be approved if transportation on state-owned buses is more cost effective or productive except when otherwise required by the student's Individual Education Plan. Exceptions may be made in extreme cases upon written recommendation of the affected pupil's licensed medical doctor and the school district and upon approval by the State Department of Education.

AA. Transportation will be provided only during the regular school term not to exceed 180 school days.

BB. Transportation on state-owned buses or by contract of pupils attending multi-district programs or programs conducted by agencies other than the public schools, will be provided only if the home district has received approval of "another facilities agreement" from the State Department of Education. This approval must be received prior to commencing transportation. The home district is responsible for securing contracts for transportation routes and for the requisitioning of funds.

CC. Persons contracting to provide transportation must have insurance coverage at least equal to that carried on state-owned buses as required by Section 59-67-710 of the Code of Laws of South Carolina, as amended.

DD. Reimbursement to the district for contracts shall be made at the end of each 90 school days. Request for reimbursement shall be submitted on a form furnished by the State Department of Education. The request for reimbursement shall be pro-rated if pupil attends less than 90 school days.

EE. The Department of Education will establish a School Bus Specifications Committee for the purpose of creating specifications for the procurement of state-owned school buses. The Committee will be composed of members of the General Assembly or their designees: representatives of the business community; mechanical engineers profession; both local school district and state student transportation officials representing school bus maintenance, administration, driver training, and operations; and a representative of the Budget and Control Board, Materials Management Office. The State Superintendent of Education or designee will make Committee appointments. The Committee will be responsible for reviewing, amending, and developing school bus specifications for all types of school buses purchased by the State. These specifications will assure that the student transportation needs of the State are efficiently and effectively addressed. The Committee will recommend the specifications to the State Superintendent of Education or designee for approval.

43-81. Repealed by State Register Volume 18, Issue No. 4, eff April 22, 1994.

43-82. Repealed by State Register Volume 18, Issue No. 4, eff April 22, 1994.

43-90. Program Approval Standards for South Carolina Teacher Education Institutions.

The South Carolina State Board of Education requires that all teacher education programs meet the performance-based standards as established by the National Council for Accreditation of Teacher Education (NCATE). For State Board of Education approval, public institutions must seek and receive NCATE accreditation. Private institutions may seek NCATE accreditation or meet NCATE standards for State Board of Education approval. The State Department of Education will develop guidelines to assist teacher education programs to meet the NCATE performance-based standards. Statutory authority to determine accreditation decisions for and impose sanctions against teacher education programs is granted to the State Board of Education.

43-90.1. Repealed by State Register Volume 19, Issue No. 6, eff July 1, 1996.

43-100. Test Security.

(Statutory Authority: 1976 Code Section 59-1-447)

I. Tests administered by or through the State Board of Education shall include but are not limited to:

A. The statewide tests; as defined in the State Board of Education Regulation 43-262 including field tests and pilot tests;

B. Examinations for admission to teacher education program and teacher certification examinations;

C. Examinations for admission to programs such as the gifted and talented program;

D. The High School Equivalency Program test (GED).

II. As used in this regulation, "local school board" means the governing board of a public school district as well as those of special school districts, special schools, and institutions that utilize tests administered by or through the State Board of Education.

III. Each local school board must develop and adopt a district test security policy. The policy must provide for the security of the materials during testing and the storage of all secure tests and test materials, before, during, and after testing. Before and after testing all materials must be stored at a location(s) in the district under lock and key. This also applies to district owned materials that are the same as those used in any State operated testing or assessment program. Throughout the time testing materials are under the control of the school district, tests must be secured under lock and key when not in use for approved test administration activities.

IV. Each District Superintendent must designate annually one individual in each district for each mandated assessment who will be the sole individual in the district authorized to procure test instruments that are utilized in testing programs administered by or through the State Board of Education. The name of the designated individual must be provided to the State Department of Education (SDE) in writing. When the testing program involves procurement of materials available commercially, the designated individual must be the sole individual in the district authorized to procure commercial test instruments which are utilized in testing programs administered by or through the State Board of Education.

V. State owned test materials and district owned materials that are the same as those utilized in any State mandated testing program must not be used for census testing in the grades included in the State mandated program(s) except on testing dates specified by the State Department of Education.

VI. Individuals must adhere to all procedures specified in all operating manuals governing the mandated testing programs. Manuals are provided by or through the SDE.

VII. A. The State Board of Education may invalidate test scores that reflect improbable gains and that cannot be satisfactorily explained through changes in student populations or instruction;

B. In cases where test results are invalidated because of a breach of security or action of the State Board of Education, any programmatic, evaluative, or certification criteria dependent upon the data will be deemed to not have been met.

VIII. Any individual(s) who knowingly engage(s) in any activity that results in the invalidation of scores derived from teacher certification examinations, the examinations for admission to teacher education programs, and/or the High School Equivalency Program test (GED) forfeits all opportunities to retake the test(s).

IX. Any knowing involvement in the presentation of forged, counterfeit, or altered identification for the purpose of obtaining admission to a test administration site for any of the tests administered by or through the State Board of Education will be considered a breach of test security within the meaning of S.C. Code Ann. Section 59-1-445 (1990). Any individual(s) who knowingly cause(s) or allow(s) the presentation of forged, counterfeit, or altered identification for the purpose of obtaining admission to any test administration site specified in this paragraph forfeits all opportunities to retake the test(s).

X. Each of the following is considered a breach of professional ethics which may jeopardize the validity of the inferences made on the basis of test data, and as such are viewed as security violations which could result in criminal prosecution and/or disciplinary action to an educator's professional certificate.

A. Failing to administer tests on the test dates specified by the SDE.

B. Failing to maintain an appropriate testing environment, free from undue distractions.

C. Failing to proctor the test to ensure that examinees are engaged in appropriate test taking activities.

D. Providing examinees with access to test questions or specific test content prior to testing.

E. Providing examinees with access to answer keys prior to or during testing.

F. Keeping, copying, reproducing, or using in any manner inconsistent with the instructions provided by or through the State Department of Education any test, test question or specific test content.

G. Keeping, copying, or reproducing in any manner inconsistent with the instructions provided by or through the State Department of Education any portion of examinee responses to any item or any section of a secured test.

H. Coaching examinees, altering examinee responses, or interfering with examinee responses in any way prior to, during, or after testing. This includes hinting to examinees about the correctness of their responses.

I. Failing to follow instructions specified in the test manuals for the distribution, storage, or return of test materials or failing to account for test materials before, during or after testing.

J. Failing to follow all directions pertaining to the administration of a test as specified in the test manuals for that test. This section includes failure to clear the memory of calculators used on a test as directed in the test manual.

K. Allowing, participating in, assisting in, or encouraging any unauthorized access to test materials prior to, during, or after testing.

L. Disclosing the contents of any portion of secure materials or discussing the contents of secure tests with examinees, teachers, or other educators before, during, or after testing.

M. Leaving in view of examinees during test administration materials that are content or conceptually related to the subject areas being assessed.

N. Providing references or tools other than those specifically allowed in test manuals. Providing references or tools during test administration at times other than those specifically allowed in test manuals.

O. Not providing accommodations (to include customized test forms and modifications) as appropriate for students with Individual Education Programs or 504 plans. This includes providing more accommodations (customization, modifications) than appropriate.

P. Excluding examinees or exempting from assessment students who should be assessed.

Q. Failing to return test materials for all examinees.

R. Engaging in inappropriate test preparation practices that invalidate the test scores. These practices include activities that result in an increase in test scores without a simultaneous increase in the examinee's real achievement or performance in the content area.

S. Revealing test scores or test performance to anyone not involved in the education of the examinee.

T. Altering test scores in electronic records or files.

U. Failing to report a security breach.

XI. The South Carolina Department of Education has the right and responsibility to observe test administration activities without prior notice in order to monitor adherence to test security. Examinees should be made aware that monitoring may occur.

XII. Any suspected violation of security must be reported to the South Carolina Law Enforcement Division.

XIII. If a security breach occurs in a district rendering test forms or test items unusable, funds equivalent to replacement costs may be withheld from the district by the State Department Education at the discretion of the State Board of Education.

XIV. At the discretion of the State Board of Education, an educator may receive a public or private reprimand or the credential of an educator may be suspended or revoked based on evidence of violation of test security provisions.

43-110 to 43-128. Repealed by State Register Volume 17, Issue No. 7, eff July 23, 1993.

43-110 to 43-128. Repealed by State Register Volume 17, Issue No. 7, eff July 23, 1993.

43-130. Accreditation Standards Filed.

The following documents contain the full text of accreditation standards adopted by the State Board of Education. The documents are on file in the Offices of the South Carolina Department of Education, Rutledge Building, and the Legislative Council in the State House.

Defined Minimum Program for the John De La Howe School

Defined Minimum Program for the South Carolina School for the Deaf and Blind

Defined Minimum Program for the South Carolina Wil Lou Gray Opportunity School

Defined Minimum Program for the South Carolina Department of Youth Services

Defined Minimum Program for the Palmetto Unified School District No. 1

43-140 to 43-145. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-140 to 43-145. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-150. Repealed by State Register Volume 25, Issue No. 1, eff January 26, 2001.

43-151. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-160. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-161. Appointment (Term) of School Superintendent.

Each school district shall employ a chief administrative officer who serves as the executive officer of the board of trustees and the professional leader of the school district. Administrators serving as area or district superintendents for the first time after June 30, 1968, shall hold a superintendent's certificate. Annually, by October 15, the chairman of the district board of trustees shall request an out-of-field permit from the Office of Teacher Education and Certification for a superintendent not properly certified.

43-162. School Superintendent Compensation and Benefits/Expenses.

The salary of the superintendent shall, in every case, be at a higher monthly and yearly rate than that paid principals or other members of the staff.

43-163, 43-164. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-163, 43-164. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-164.1. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-165. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-165.1. Program for Assisting, Developing, and Evaluating Principal Performance.

I. PURPOSE

The State Board of Education, through the State Department of Education, is required to adopt criteria and statewide performance standards that shall serve as a foundation for all processes used for assisting, developing, and evaluating principals employed in the school districts of this state. School districts shall use the standards and procedures adopted by the State Board of Education for the purposes of providing annual feedback and conducting formal evaluations. Any principal whose performance on the evaluation is determined to be unsatisfactory must be formally evaluated the following year. A satisfactory determination on the evaluation is one of several criteria for overall performance evaluation and is not sufficient for reemployment as a principal by a school district.

The State Department of Education shall ensure the implementation of the principal evaluation in the school districts.

The performance evaluation of principals must be performed using the Standards and Criteria for Principal Evaluation adopted by the State Board of Education. Additional standards and criteria may be established by the district and/or by the principal and superintendent in collaboration. As required by the Education Accountability Act of 1998, the principal's annual professional development plan shall be established on the basis of the Board-adopted standards and criteria and the school's renewal plan.

II. DEFINITIONS FOR THE PURPOSES OF THIS EVALUATION PROGRAM

A. PRINCIPAL: A principal is the chief administrative head or director of an elementary, middle, or secondary school or of a vocational, technical, special education, or alternative school. First-year principals are those serving for the first time as building-level principals. Experienced principals are those principals with one or more years of experience.

B. EVALUATOR: The evaluator is the district superintendent or the superintendent's designee.

C. EVALUATION INSTRUMENT: The evaluation instrument is a principal evaluation instrument based upon State Board of Education's Standards and Criteria for Principal Evaluation, a copy of which is available from the Leadership Academy at the State Department of Education, or an evaluation instrument adopted by the local school district.

D. EVALUATION CYCLE: The evaluation cycle shall be consistent with the school year as defined by law. All principals employed for one hundred forty days or more a year shall be evaluated once every three years.

III. PARTICIPATION

A. FIRST-YEAR PRINCIPALS

(1) First-year principals shall participate in an induction program as provided for in State Board of Education Regulation 43-167, "Principal Induction Program."

(2) The superintendent or superintendent's designee shall provide assistance and feedback to the principal during his or her first year.

(3) The State Department of Education shall provide superintendents or their designees with the appropriate training in the knowledge and skills required to support the first-year principal and to provide feedback consistent with the Standards and Criteria for Principal Evaluation. At a minimum, these training programs shall provide the superintendents or their designees with in-depth knowledge of the Board-approved standards and criteria, the knowledge and skills necessary to collect and document information relative to a principal's performance, the knowledge and skills necessary to identify strengths and weaknesses in a principal's performance relative to the standards and criteria, and the knowledge and skills necessary to counsel, coach, and assist a principal during the first year of his or her employment.

(4) The superintendent or his or her designee will observe, collect relevant data, and consult with the first-year principal on a regular and consistent basis.

(5) The superintendent or his or her designee shall provide the first-year principal with written and oral feedback on his or her performance in each standard and criterion.

B. EXPERIENCED PRINCIPALS

(1) The superintendent or his or her designee shall provide feedback to the principal on an annual basis and shall conduct a formal evaluation at least once every three years. The formal evaluation shall address each of the nine standards and accompanying criteria.

(2) The State Department of Education shall provide the appropriate training in the Standards and Criteria for Principal Evaluation.

(3) Districts may use evaluation instruments available from the State Department of Education or any evaluation instrument that meets measures of validity and reliability as determined by the Leadership Academy.

IV. STANDARDS AND CRITERIA

A. STANDARD 1: VISION

A school principal is an educational leader who fosters the success of all students by facilitating the development, communication, implementation, and evaluation of a shared vision of learning that reflects excellence and equity.

Criteria: A school principal

(1) involves stakeholders (e.g., school and district personnel, students, families, and community members) in the development of a broad vision for the school that is compatible with the district's mission and vision;

(2) collaborates with stakeholders to establish goals, develop a plan, and set priorities consistent with the vision of the school;

(3) communicates the school's vision, goals, plans, and priorities to staff, students, parents, and community on a regular basis; and

(4) implements, evaluates, and refines the plan of action for achieving the school's vision.

B. STANDARD 2: INSTRUCTIONAL LEADERSHIP

A school principal is an educational leader who fosters the success of all students by leading the development and alignment of the organizational, instructional, and assessment strategies that enhance teaching and learning.

Criteria: A school principal

(1) sets and communicates high standards for curricular and instructional quality and student achievement;

(2) demonstrates proficiency in analyzing research and assessment data;

(3) ensures the use of data from state and locally mandated assessments and educational research to improve the curriculum, the quality of instruction, and student performance;

(4) observes staff and assists in the implementation of effective teaching and assessment strategies to promote student learning; and

(5) monitors and evaluates the effectiveness of instructional programs to promote the achievement of academic standards.

C. STANDARD 3: EFFECTIVE MANAGEMENT

A school principal is an educational leader who fosters the success of all students by managing the school's organization, its operations, and its resources for a safe, efficient, and effective learning environment.

Criteria: A school principal

(1) seeks and allocates resources to achieve school and district goals;

(2) plans and administers budgeting and purchasing according to all relevant local, state, and federal requirements;

(3) screens, recommends, and assigns staff in a timely manner based on school needs, assessment data, and local, state, and federal requirements;

(4) manages the supervision and evaluation of staff in accordance with local, state, and federal requirements;

(5) implements, evaluates, and refines as necessary the procedures for the security and safety of all personnel and students; and

(6) ensures the maintenance of a clean and aesthetically pleasing school environment.

D. STANDARD 4: CLIMATE

A school principal is an educational leader who fosters the success of all students by advocating, nurturing, and sustaining a positive school climate.

Criteria: A school principal

(1) initiates and maintains strategies to promote collegiality and collaboration among the staff;

(2) involves parents, students, and the community in efforts to create and maintain a positive learning environment;

(3) establishes and supervises programs that promote positive social, emotional, and intellectual growth for all students;

(4) establishes and enforces standards for appropriate student behavior according to local, state, and federal requirements;

(5) manages conflict and crisis situations in an effective and timely manner; and

(6) deals with student misconduct in a prompt and effective manner.

E. STANDARD 5: SCHOOL AND COMMUNITY RELATIONS

A school principal is an educational leader who fosters the success of all students by collaborating effectively with stakeholders.

Criteria: A school principal

(1) develops an effective and interactive communications plan and public relations program;

(2) participates in school and community activities;

(3) involves staff, parents, community, and students in needs assessments, problem solving, and decision making for school improvement;

(4) responds to diverse community interests and needs;

(5) creates and sustains a variety of opportunities for parent and community involvement in school activities; and

(6) collaborates with staff to develop effective strategies for parents and the community to support students' learning.

F. STANDARD 6: ETHICAL BEHAVIOR

A school principal is an educational leader who fosters the success of all students by demonstrating integrity, fairness, and ethical behavior.

Criteria: A school principal

(1) works within professional and ethical guidelines to improve student learning and to accomplish school and district goals;

(2) models respect, understanding, sensitivity, and appreciation for all people; and

(3) adheres to local, state, and federal requirements.

G. STANDARD 7: INTERPERSONAL SKILLS

A school principal is an educational leader who fosters the success of all students by interacting effectively with stakeholders and addressing their needs and concerns.

Criteria: A school principal

(1) demonstrates respect for others;

(2) elicits and responds to feelings, needs, concerns, and perceptions of others to build mutual understanding;

(3) communicates effectively with stakeholders to support school and district goals;

(4) recognizes and effectively uses skills and strategies for problem solving, consensus building, conflict resolution, stress management, and crisis management; and

(5) uses appropriate oral and written communication skills.

H. STANDARD 8: STAFF DEVELOPMENT

A school principal is an educational leader who fosters the success of all students by collaborating with school and district staff to plan and implement professional development activities that promote the achievement of school and district goals.

Criteria: A school principal

(1) collaborates with staff to create and implement a plan for a variety of relevant staff development activities that promote the achievement of school goals and staff growth;

(2) uses data related to the achievement of school goals and staff growth as the basis for evaluating the success of the staff development plan;

(3) encourages staff to set goals for professional growth; and

(4) shares effective teaching strategies and uses coaching skills to encourage professional growth.

I. STANDARD 9: PRINCIPAL'S PROFESSIONAL DEVELOPMENT

A school principal is an educational leader who fosters the success of all students by using available resources and opportunities for professional growth.

Criteria: A school principal

(1) develops and implements an appropriate plan for professional development consistent with school and districts goals;

(2) establishes and maintains a professional network with other administrators;

(3) complies with district and state professional development requirements; and

(4) participates in staff development activities in order to understand the complex role of teaching and effective instructional practices.

V. PROCEDURES

A. Evaluation of each principal shall consist of both formative and summative phases.

(1) The formative phase shall begin with an initial review of the evaluation instrument. Regular conferences shall be held to discuss the principal's progress and shall include an analysis of the data collected during the year.

(2) The summative phase shall provide for evaluative conclusions to be drawn based on the data collected and the completion of the evaluation instrument. For the summative phase, the evaluator shall complete the selected principal evaluation instrument and discuss with the principal the results for each item and the overall results based on the degree to which the Standards and Criteria for Principal Evaluation are met.

B. After reviewing the overall evaluation, the principal and evaluator shall discuss identified strengths and weaknesses, the school's renewal plan, and the areas of concentration for improved performance. The principal's annual professional development plan shall be established on the basis of the Standards and Criteria for Principal Evaluation and the school's renewal plan.

C. The evaluator and the principal shall sign the evaluation instrument during the summative phase, and a written copy shall be given to the principal. The evaluator shall also maintain a written copy.

D. Each principal has the right to respond in writing to the completed principal evaluation instrument. This written response must be submitted to the evaluator within ten working days of the summative conference.

E. The evaluation data for each principal shall be used to identify the degree to which the standards and criteria are being met.

VI. MAINTENANCE AND CONFIDENTIALITY OF EVALUATION DATA

A. All principal evaluation data shall be maintained by the school district.

B. Each school district shall maintain the confidentiality of the evaluation results of each principal in accordance with the Freedom of Information Act.

VII. APPEAL PROCESS

All appeals shall follow local school district policies and procedures governing the local appeal process.

VIII. TRAINING REQUIREMENTS

A. Each school district shall ensure that principals receive awareness training that includes

(1) the Standards and Criteria for Principal Evaluation,

(2) the selected principal evaluation instrument, and

(3) Regulation 43-165.1, "Program for Assisting, Developing, and Evaluating Principal Performance."

B. Each school district shall ensure that the district superintendent and the superintendent's designee(s) are trained as evaluators of principals.

C. Each school district shall designate one individual to be trained as a district coordinator for the Program for Assisting, Developing, and Evaluating Principal Performance. This coordinator shall be responsible for the administration of the evaluation program consistent with this regulation.

D. The State Department of Education shall provide school districts with ongoing technical assistance in the form of training, consultation, and advisement.

IX. PROGRAM IMPLEMENTATION AND ADMINISTRATION

A. The State Department of Education shall ensure that the Program for Assisting, Developing, and Evaluating Principal Performance is appropriately implemented by each school district in accordance with this regulation.

B. Local school districts shall provide annual assurances to the Department that the Program for Assisting, Developing, and Evaluating Principal Performance is being appropriately administered in accordance with this regulation and the law governing the evaluation of principals.

43-166. Student and School Safety.

A. School Safety Assessment

1. The State Department of Education shall develop a Model Safe Schools Checklist designed to assess schools' safety strengths and weaknesses. The checklist must include items addressing the following topics:

a. the existence of a comprehensive safety plan;

b. communication of discipline policies and procedures;

c. intra-agency and interagency emergency planning;

d. recording of disruptive incidents;

e. training of staff and students;

f. assessment of buildings and grounds;

g. procedures for handling visitors;

h. assignment of personnel in emergencies;

i. emergency communication and management procedures; and

j. transportation rules and accident procedures.

2. The State Department of Education shall submit the checklist to the State Board of Education for approval prior to dissemination to the school districts. The checklist may be revised on an annual basis by the State Board of Education in compliance with relevant provisions of the Safe Schools Act of 1990.

3. Prior to September 30 of each school year, the State Department of Education shall disseminate a copy of the model safe schools checklist to every public school district in the state.

4. School districts shall be advised by the Department of Education of the requirement to use a safe schools checklist in compliance with Section 59-5-65, S.C. Code of Laws, 1976. This safety assessment should be part of the comprehensive needs assessment conducted for school improvement purposes in compliance with Section 59-20-60(4)(d), S.C. Code of Laws, 1976. In particular, a safe schools check list should be utilized in determining "school climate" needs, one of the six indicators of school effectiveness.

B. First Aid Supplies

Each school shall provide adequate first aid supplies and equipment.

C. Support for Authorities

The Board urges all citizens to continue their active and vigorous support of the local school and civil authorities in insuring the personal safety and security of all students and teachers.

D. Emergency and Disaster Plans

A plan shall be designed to provide for the protection and welfare of students in the event of any disaster (tornado, hurricane, fire, etc.) which threatens to involve the school community. Each school shall conduct at least one emergency drill within the first month of school to insure safety against such disasters.

E. Guidelines will be developed by the State Department of Education which will refer to statutory provisions relating to school safety, as well as additional information. The State Department of Education will review and update these guidelines as needed.

43-167. Principal Induction Program.

(Statutory Authority: 1976 Code Section 59-5-60 and 59-24-80)

A. Purpose

The purpose of the Principal Induction Program is to add one component of many strategies which are to be combined by the districts to meet the intent of the Education Accountability Act to improve teaching and learning so that students are equipped with a strong academic foundation. The Principal Induction Program will assist public school districts in providing support and professional development for first year principals.

The State Board of Education recognizes that a school district makes one of its most important personnel decisions when it appoints a principal. The Board also recognizes the value of formal induction programs that provide novice school principals with an academy that focuses on developing and refining the leadership skills necessary to help their faculties provide the most effective instructional programs possible. Therefore, the following regulations have been developed to facilitate the implementation of the South Carolina Principals Induction Program.

B. Definitions

1. The Principal Induction Program is a yearlong program (July to June) of support and professional development for new principals in which instructional leadership skills, use of effective schools research, and planning for curricular improvement through the analysis of test scores are central components of the curriculum.

2. A principal is the chief administrator or head building administrator of any public elementary or secondary school or specialized education unit as defined by the local school district, or the chief administrator of an occupational education center.

3. A Principal Induction Program mentor is an experienced, practicing building-level principal or director selected by the school district superintendent designee to provide support and assistance to new principals.

C. Participation

1. Beginning with the school year 1999-2000, any person appointed to serve for the first time as a building level principal, director of a specialized education unit, or occupational education center director must participate in the Principal Induction Program.

2. Principals appointed after the Principal Induction Program Summer Institute held for a week in July must participate in a make-up session in September and in Induction Program activities for the remainder of that school year.

D. Program Design and Content

The Principal Induction Program must consist of New Principals' Academy activities provided by the State Department of Education and school district orientation activities provided by the individual school districts as follows:

1. The combination of time for New Principals' Academy and district activities must not be less than twelve days: five days for the New Principals' Academy Summer Institute, three days for New Principals' Academy follow-up meetings, two days for district orientation activities, and two days for professional development related to the individual new principal's Professional Development Plan.

2. Districts developing their own program in lieu of the program offered by the Leadership Academy must secure approval of the program from the South Carolina Leadership Academy.

3. Each district must design a district orientation for new principals. Activities should include, but are not limited to, fiscal/budgetary policies and procedures, plant maintenance procedures, special education policies, student support services, outside agencies available in the district, curriculum requirements and resources, human resource policies and procedures, including ADEPT, and instruction on the Principal Evaluation Program criteria and standards.

4. The Leadership Academy must design a curriculum for the New Principals' Academy program. The New Principals' Academy curriculum should include, but is not limited to, planning, developing, and implementing a standards-driven system, instructional leadership skills, use of effective schools research, analysis of test scores for curricular improvement, school culture, school management, planning for school improvement, public relations, and/or planning for professional development.

5. Each new principal must be assigned a mentor principal from another nearby school district to provide support, information, and feedback. The mentor will assist the protege in developing, refining, and implementing the protege's Professional Development Plan based on the protege's individual needs and the needs of the school as specified in the School Improvement Report. Mentors will be reimbursed travel costs at the state rate.

6. The Leadership Academy will train mentors for their role, Mentor responsibilities include calling and visiting the assigned new principal and having the new principal visit the mentor's school.

7. Each new principal will receive an on-site visit during the fall and one during the spring from a member of the South Carolina Leadership Academy staff to provide coaching, technical assistance, and feedback related to school leadership.

8. New principals may earn three hours of recertification credit if course requirements for attendance and participation are met.

E. Fiscal and Technical Requirements

1. The State Department of Education will pay for all training costs related to the New Principals' Academy. The district will be responsible for costs related to the district orientation and for participants' travel costs.

2. Reimbursement for mentor travel expenses will be made in accordance with the established State Department of Education fiscal policies.

F. Reporting Requirements

1. Each district superintendent will notify the South Carolina Leadership Academy of the appointment of new principals within two weeks of the appointment by the local board of school trustees.

2. Principals appointed after the make-up session must participate in the remaining Principal Induction Program activities for that school year and/or the New Principals' Academy Summer Institute the following year.

3. Each district superintendent will submit the names of experienced principals to serve as mentors when requested to do so by the Leadership Academy.

4. Each district will conduct evaluations for the district orientation and use the results to modify the orientation on an annual basis.

G. Additional Leadership Academy Responsibilities

1. The Leadership Academy will maintain a database of mentors nominated by the district superintendents and will assign mentors for new principals based on school level and proximity.

2. The Leadership Academy will maintain a database of new principals for each school year to provide information about program activities for all new principals.

3. The Leadership Academy will conduct evaluations for each part of the New Principals' Academy and use the results to modify the program on an annual basis.

43-170. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-171. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-171.1. Disbursement of Funds for Pressing Repairs, Renovations and Construction.

I. ALLOCATION OF FUNDS

Funds will be allocated to the district annually on a per pupil basis, based on the Districts' 135-day cumulative average daily membership for the previous fiscal year. These funds are to be kept in an account separate from all other funds allocated from the State General Fund.

II. QUALIFICATION CRITERIA

1. In order to qualify for allocation of the funds, the District Board of Trustees shall:

a) Maintain at least the level of financial effort per pupil for non-capital programs as in prior years as set forth under Division V of the Education Improvement Act: and

b) By June 30, 1985, adopt and file with the Division of General Services a procurement code modeled after the South Carolina Consolidated Procurement Code or the model set forth in the Report of the Local Government Task Force on procurement Code or the model set forth in the Report of the Local Government Task Force on procurement as set forth under Division V, Section 6 of the Education Improvement Act.

III. PURPOSE OF FUNDS

Funds are available for two purposes pursuant to Subdivision G, Section 1:

(a) For the renovation, capital improvement, or repair of school classrooms, libraries, laboratories, and other institutional facilities including music rooms as set forth in the Education Improvement Act.

(b) For the reduction of millage required to pay principal and interest on bonds issued for any capital improvement programs.

IV. STIPULATIONS REGARDING EXPENDITURE OF FUNDS

1. If a school district has issued bonds or otherwise undertaken any capital improvement programs during any of the most recent five fiscal years, at least fifty percent of the funds allocated from the Education Improvement Act funds must be used to reduce the millage required to pay debt service on such outstanding bonds unless a waiver is granted by the State Board of Education. (See V. WAIVERS) (Subdivision G. Section 1(b)

A Capital Improvement Program for purposes of this funding is defined as incurring debt for school building purposes or levying and collecting school taxes for school building purposes over the district's last five fiscal years averaged at least one half the amount of Education Improvement Act Funds the district is entitled to receive during Fiscal Year 1984-85.

If the district has fiscal autonomy to any degree, it shall provide for the manner in which the school millage must be reduced. If the district does not have fiscal autonomy, the governing body of the county wherein the district is located shall provide for the manner in which the school millage must be reduced. (Subdivision G, Section 1(c)

2. Funds must be expended, in accordance with the rules set forth in the "South Carolina School Facilities Planning and Construction Guide."

3. The funds authorized herein for reduction in millage for debt service may not be expended in conjunction with the authorization of bonds that increase a school district's bonded indebtedness above the limit provided for in Article X of the South Carolina Constitution or expended to pay debt serve on bond anticipation notes authorized which would put the total bonded indebtedness of the school district (general obligation and bond anticipation) above the constitutionally mandated limit. (Subdivision G, Section 1(d)

4. Any funds received pursuant to the Education Improvement Act must be expended or contractually committed within forty-eight months of the appropriation provided for school buildings under this act. No school district may use the funds allocated for school building purposes for operational, instructional, or any purposes other than those enumerated in these regulations.

Any school district using these funds as herein prohibited is prohibited from receiving any other funds under this act until the school district has reimbursed the Education Improvement Act of 1984 Fund for the fund allocated for school building purposes it has received pursuant to this Act. (Subdivision G, Section 3)

V. WAIVERS

Waivers of the requirement that fifty percent of the Education Improvement Act Funds must be expended to reduce millage may be granted by the State Board of Education. A school district may request a waiver provided:

(a) That the district anticipates a significant increase in need for additional classroom space or

(b) In the event that a school district sold bonds or secured a loan at an interest rate less than prevailing rates and has an identified need for funds in excess of fifty percent of the funds allocated to the district from the Education Improvement Act Funds.

If a school district is eligible and wishes to request a waiver under (a) or (b) above, the school district must submit a waiver request form to the State Department of Education along with substantiating evidence for the waiver. The Department will review the waiver request, request any necessary review from the State Treasurer and make its recommendations for approval or disapproval to the State Board of Education. (Subdivision G, Section 1(b)

If a waiver is granted, the remaining sums may be used either to reduce millage to pay debt service or to pay for capital improvements, repairs, or renovations otherwise authorized during the then current fiscal year. If, on the occasion when the annual millage would otherwise be increased to provide for capital improvements, repairs, or renovations, there is on hand with the county treasurer sums from the appropriation herein authorized, sufficient to meet all or a portion of the payments of principal and interest on bonds to be outstanding in the ensuing fiscal year, such portion of the millage required to pay such debt service need not be imposed. (Subdivision G, Section 1(b)

VI. APPLICATION PROCEDURES

1. Districts shall apply for Education Improvement Act Funds to the State Board of Education utilizing forms designed by the State Department of Education.

2. Projects must be submitted to the State Board of Education in accordance with the "South Carolina School Facilities Planning and Construction Guide."

43-172. Accounting and Reporting.

I. Pupil Accounting

According to Section 4, paragraph (1)(c) of the South Carolina Education Finance Act of 1977, each pupil in the state shall be counted in only one of the pupil classifications and must meet all qualifications both general and specific, before the pupil can be classified and claimed in a public school.

A. General Qualifications Criteria:

1. A pupil will be counted in membership on the first day of entrance in an instructional program either through original entry, reentry, or transfer.

2. Membership is defined as the number of pupils present plus the number of pupils absent.

3. Cumulative average daily membership is the aggregate number of days in membership divided by the total number of days the school is in session.

4. A pupil shall maintain membership in the appropriate instructional program for the minimum length of the school day.

5. To be eligible for membership a pupil must not be more than twenty-one years old (or in a graduating class and becomes twenty-one before graduation) before September 1 of the current school year.

6. A pupil shall be dropped from membership on the day when the number of unlawful days absent exceeds ten consecutive days or when the pupil leaves school because of transfer, death, expulsion, graduation, legal withdrawal, or for any other reason. Notwithstanding any other provision, students with disabilities who have been expelled and continue to receive educational services pursuant to Regulation 43-279 (Section V, Part D) shall not be dropped from membership.

7. An unlawful absence is defined in State Board of Education Regulation 43-274.

8. A class period is defined as a minimum of fifty minutes, or an accumulation of the equivalency of 120 hours required for a Carnegie Unit of Credit.

9. A pupil whose program of instruction meets the criteria for more than one category shall be classified in the highest weighted category.

B. Specific Qualifications Criteria:

1. A pupil shall be five years old or older on or before September 1 of the current school year to be admitted in a kindergarten program.

2. Specific qualifications for grades 1-12

a. A pupil shall be six years old or older on or before September 1 of the current school year to be admitted to the first grade.

b. b. A pupil in an ungraded class shall be classified in the grade level corresponding to the pupil's age.

c. A pupil shall maintain membership in a minimum of 200 minutes of daily instruction or its equivalency for an annual accumulation of 36,000 minutes.

3. Specific qualifications criteria for exceptional programs

a. To be counted in membership in an exceptional program, a pupil must be at least five (5) years of age by September 1 of the current school year, except for hearing disabled or visually disabled pupils who must be at least four (4) years of age by September 1 of the current school year.

b. To be counted in membership in a disabilities program, a pupil must be placed in a program in specific compliance with Procedures for Survey, Screening, Evaluation, Placement, and Dismissal of Children Into/Out of Programs for the Disabled.

c. A pupil must maintain membership in a program designed for the appropriate disability and meet the time constraints for regular programs consistent with the provisions of the Defined Program.

d. An itinerant program is one where specialized instruction, materials, and/or equipment is delivered within the framework of a regular education setting. A resource room program is one in which mildly disabled pupils are enrolled for a portion of their education program and receive direct specialized instruction. A self-contained program is one in which the pupil receives full delivery of special education from one teacher. A homebound/hospitalized program is one in which the incapacitated pupil receives his educational program in accordance with the State Board of Education regulations.

e. Minimum number of minutes of instructional time per week or its equivalent for disabled pupils in resource, itinerant, self-contained and homebound models approved by the State Department of Education are as follows:

Minutes of Instructional

Time Per Week or Its

Equivalent

(1) Educable Mentally Disabled 250

(2) Learning Disabilities 250

(3) Orthopedically Disabled 250

(4) Emotionally Disabled 250

(5) Visually Disabled 250

(6) Hearing Disabled 250

(7) Homebound 250

(8) Speech Disabilities 50

(9) Trainable Mentally Disabled [FN*]

[FN*] Must meet time constraints consistent with the provisions of the Defined

Program.

4. Specific qualifications criteria for occupational education

a. A pupil shall be assigned in grades 9-12 and maintain membership in at least 250 minutes of instructional time per week or its equivalent in an appropriate occupational education program approved by the State Department of Education.

b. A pupil shall maintain membership in a minimum of 200 minutes of daily instructional time or its equivalent.

II. Audits

An annual audit of all financial records shall be made by a certified or licensed public accountant selected by the district, county board of education, or occupational education center. A copy of the audit in the format prescribed by the State Department of Education shall be filed with the Office of School District Auditing, State Department of Education, by November 15 following the close of the fiscal year.

III. Accountability

Financial Resources are to be allocated, expended, and accounted for in accordance with accounting practices specified in the Financial Accounting Handbook, Funding Manual and the Pupil and Staff Accountability Manual.

43-173 to 43-175. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-173 to 43-175. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-180. Buildings and Grounds. Defined Minimum Program for South Carolina School District.

Grades K; 1-6:

1. Buildings and grounds shall be adequate in size and arrangement.

2. Buildings and grounds shall be kept clean and comfortable.

3. Each room shall be designed and equipped to serve specific purposes. Adequate lighting, ventilation, and heating shall be provided in all utilized areas.

4. Buildings and grounds shall be properly maintained, safe, and attractive.

5. All operating school facilities shall comply with safety regulations prescribed by the State Fire Marshal and with sanitation and health regulations prescribed by the State Board of Health.

6. Upon notification by the State Fire Marshal that a school has been declared unsafe as defined in Section 23-9-150 of the Code of Laws of South Carolina, the accreditation classification of the school shall be changed to warned. The school district shall be notified and the board or the fiscally responsible agent shall be required to submit a plan for correction to the Office of Organizational Development within sixty days of the notification of the warned classification. The plan for correction must be acceptable to the State Fire Marshal. If an acceptable plan of correction is not submitted, the accreditation classification shall be changed to probation. Subsequent classifications will be determined by standard accreditation procedure.

7. Playgrounds, physical education and play equipment shall be adequately maintained and safe.

8. Each principal shall have a private office.

9. Appropriate space shall be provided for counseling services.

Grades 7-8; 9-12:

1. Buildings shall be adequate in size and arrangement to accommodate the program offered.

2. Buildings shall be kept clean and comfortable.

3. Each room shall be designed and equipped to serve specific purposes for which it is used.

4. Adequate lighting, ventilation, and heating shall be provided in all utilized areas.

5. All operating school facilities shall comply with safety regulations prescribed by the State Fire Marshal and with sanitation and health regulations prescribed by the State Department of Health and Environmental Control.

6. Upon notification by the State Fire Marshal that a school has been declared unsafe as defined in Section 23-9-150 of the Code of Laws of South Carolina, the accreditation classification of the school shall be changed to warned. The school district shall be notified and the board or the fiscally responsible agent shall be required to submit a plan for correction to the Office of Organizational Development within sixty days of the notification of the warned classification. The plan for correction must be acceptable to the State Fire Marshal. If an acceptable plan of correction is not submitted, the accreditation classification shall be changed to probation. Subsequent classifications will be determined by standard accreditation procedure.

7. Buildings and grounds shall be properly maintained, safe, and attractive.

8. Playgrounds, physical education and play equipment shall be adequately maintained to insure safety.

9. Each principal shall have a private office.

Vocational Centers:

1. Buildings shall be adequate in size and arrangement to accommodate the program offered.

2. Buildings shall be kept clean and comfortable.

3. Each room shall be designed and equipped to serve specific purposes for which it is used.

4. Adequate lighting, ventilation, and heating shall be provided in all areas.

5. All vocational education laboratories and facilities shall meet the standards as prescribed by the Occupational Safety and Health Act and governed by the Department of Labor. (Citations and fines may be levied on local school districts by the Department of Labor where violations are identified.) Courtesy inspection and assistance are available from the South Carolina Department of Labor.

6. Upon notification by the State Fire Marshal that a school has been declared unsafe as defined in Section 23-9-150 of the Code of Laws of South Carolina, the accreditation classification of the school shall be changed to warned. The school district shall be notified and the board or the fiscally responsible agent shall be required to submit a plan for correction to the Office of Organizational Development within sixty days of the notification of the warned classification. The plan for correction must be acceptable to the State Fire Marshal. If an acceptable plan of correction is not submitted, the accreditation classification shall be changed to probation. Subsequent classifications will be determined by standard accreditation procedure.

43-181. Buildings and Grounds Management-Fire Prevention.

Each school shall have a sufficient number of fire extinguishers. The extinguishers must be regularly inspected and clearly designated throughout the building.

43-182. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-183. Buildings and Grounds--Cleaning Program.

Vocational Centers: Custodial services shall be provided to adequately clean and service all shops and classrooms.

43-184. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-185, 43-186. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-185, 43-186. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-187. Buildings and Grounds--Heating and Lighting.

While fully recognizing the legal authority of local trustees to manage and control the educational interests of their school districts, the South Carolina State Board of Education encourages school authorities to take cognizance of the energy crises reportedly threatening our state and nation.

The Board, therefore, is requesting appropriate authorities within the school districts of South Carolina to exercise reasonable measures for the conservation of fuel and energy. The Board is requesting, for example, that all classroom teachers and custodial personnel turn off lights or reduce the lighting in classrooms that are not in use. Custodial and maintenance personnel should also closely monitor heating systems within schools to ensure the most economical and efficient use of available fuels.

The South Carolina State Board of Education would not encourage any measure that disrupts the orderly educational process within our state's public schools, but sincerely urges our school districts to respond to appeals from national and state leaders by exercising judicious care in the conservation of energy and fuels.

Other conservation measures which school districts should consider:

1. Classroom temperatures should not exceed 70 degrees.

2. Students with cars should be strongly encouraged to form car pools. As an inducement, reserved parking spaces might be arranged for students with car pools. Students may be educated or re-educated in how to drive for economy.

3. Parents of students should be encouraged to form car pools where appropriate, to observe gasoline-saving speed limits and conservation driving practices.

43-190. Project Plans and Specifications.

Kindergarten; Grades 1-6: All new school facilities and sites shall meet minimum requirements listed in "South Carolina School Facilities Planning and Construction Guide" and "South Carolina Guide and Minimum Specifications for Construction of Relocatable Classroom Buildings," and "Kindergarten Facilities Guidebook." These publications are available from the State Department of Education.

Grades 7-8: All new school facilities and sites shall meet minimum requirements listed in "South Carolina School Facilities Planning and Construction Guide" and "South Carolina Guide and Minimum Specifications for Construction of Relocatable Classroom Buildings." These publications are available from the State Department of Education.

Grades 9-12: A new high school shall not be organized that does not have a minimum membership of 400 students in Grades 9-12. This does not preclude two or more schools with a combined membership of less than 400 students in Grades 9-12 from consolidating, if proper notification is made and written approval is received from the Chief Supervisor, Accreditation Section.

All new school facilities and sites shall meet minimum requirements listed in "South Carolina School Facilities Planning and Construction Guide" and "South Carolina Guide and Minimum Specifications for Construction of Relocatable Classroom Buildings." These publications are available from the State Department of Education.

All operating school facilities shall comply with safety regulations prescribed by the State Fire Marshal and with sanitation and health regulations prescribed by the State Board of Health.

Vocational Centers:

1. All operating school facilities shall comply with safety regulations prescribed by the State Fire Marshall and with sanitation and health regulations prescribed by the State Department of Health and Environmental Control.

2. Plans for new vocational facilities and sites shall have prior approval of the Office of Vocational Education.

3. All vocational education laboratories and facilities shall meet the standards as prescribed by the Occupational Safety and Health Act and governed by the Department of Labor. (Citations and fines may be levied on local school districts by the Department of Labor where violations are identified.) Courtesy inspection and assistance are available from the South Carolina Department of Labor.

4. All new facilities and sites shall meet minimum requirements listed in "South Carolina School Facilities Planning and Construction Guide" and "South Carolina Guide and Minimum Specifications for Construction of Relocatable Classroom Buildings."

43-191. Facility Specifications.

(Statutory Authority: S. C. Code Sections 59-5-60, 599-23-40, 59-23-190 as amended)

Regulations adopted by the State Board of Education governing the planning and construction of public school facilities, including equipment, classrooms, labs, etc., as well as related recommendations and commentary, are contained in the S.C. Department of Education document "S.C. School Facilities Planning and Construction Guide and the S.C. Minimum Specifications Guide for Relocatable Classrooms." These Guides are on file in the Office of District Facilities Management, S.C. Department of Education, Rutledge Building, and the Legislative Council in the State House, Columbia, S.C.

43-200. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-201. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-201.1. Teacher Grants.

I. Purpose of Grants

Grants funded under the Education Improvement Act of 1984 are intended to support efforts to improve classroom teaching practices and procedures.

II. Types of Grants

A. Individual teacher grants are intended to support efforts to improve classroom teaching practices and procedures.

B. Unit grants for groups of teachers are intended to support a coordinated effort to improve classroom teaching practices and procedures at a certain grade level or in a specific subject area.

III. Submission Procedures

A. Proposals must be received in the Office of Curriculum and Standards by 5:00 p.m. on the deadline date or be postmarked by the deadline date set by the State Department of Education.

B. An original and five copies of the proposal, with appropriate signatures, must be submitted.

C. Proposals must be sent to the Coordinator of the EIA Teacher Grant Program, State Department of Education, 1429 Senate Street, Columbia, South Carolina 29201.

IV. Grant Period

A. Period of the grant will be from the day of its approval, but not earlier than July 1, through the following June 30.

B. Funds may not be obligated or expended after June 30 of each grant year.

C. There are no carryover provisions.

V. Fiscal Guidelines and Policies

A. Payment of 100% of project funds will be advanced upon project approval.

B. Unused funds will be returned to the State Department of Education.

C. All grants will be submitted under the authority and jurisdiction of the district superintendent and participating school principal.

D. Respective local school districts will act as fiscal agents for approved grants. Funds may be spent only on items approved in the project budget, unless an approved amendment to the budget is granted.

E. Grants may not be used for developing curriculum guides or overall course outlines required of teachers as a part of their regular job assignment. Supplementary classroom materials may be developed.

F. Grants are limited to $2,000 maximum for an individual teacher grant and a maximum of $6,000 for a unit grant (a collaboration between two or more teachers).

VI. Allowable Costs

A. Equipment

1. Allowable costs include purchasing, renting, or leasing durable items (hardware), needed to implement the project plan, which are not available in the school.

2. No administrative equipment can be purchased.

3. Equipment is distinguishable from supplies in that it has a useful life of at least a year, costs more than $75 per unit, and is more feasible to repair than to replace.

4. All orders should be placed as soon as possible after funding.

B. Materials and Supplies

1. Allowable costs include expendable items needed to implement the project which would not normally be available to the teacher.

2. All materials and supplies should be ordered promptly after funding.

3. Equipment must not be budgeted under materials and supplies.

C. Contractual Services

1. Allowable costs include services rendered by personnel who are not on the local district payroll, as well as related expenses covered by the contract.

2. A written agreement outlining the services to be provided must be made with each individual or organization.

3. The agreement form must be attached to the application.

D. Substitutes

1. Substitutes may be employed at approved local rates for teachers who need to be away from their classrooms for project-related activities.

2. Actual need for substitutes and extent of their use must be stated and documented in the proposal.

E. Salaries

Grant funds will not be used for professional or nonprofessional salaries or stipends.

F. Travel

1. Cost of transporting students to participate in planned activities, such as field trips, is allowable.

2. Type of transportation used and payment requested should correspond to those generally used to transport students.

3. Cost of in-state travel is allowable for project personnel on trips related to project operation, according to district-approved rates.

4. Travel for project personnel will be limited to not more than 15% of the grant and must be justified in the proposal.

VII. Final Reporting

A. A final report is due in the Office of School Leadership no later than 30 days after the conclusion of the project or by June 30 of the project year.

B. The report must include:

1. a summary of the most significant results and findings over the project's duration;

2. a summary of the results and the project evaluation;

3. a discussion of the activities which had the most significant impact on the target population;

4. a description of the greatest changes in the classroom or school as a result of the project;

5. a final report on expenditures.

VIII. Audits

All expenditures of funds received under this grant must be audited by a certified public accountant as a part of the district's annual audit.

IX. Review Process

A. The project approval process includes reviews by Office of Curriculum and Standards and an external committee. Predetermined criteria will be used to judge all projects.

B. After the results of the review are compiled by the Office of Curriculum and Standards, the staff will present funding recommendations to the Deputy Superintendent for Curriculum Services and Assessment who will make final funding decisions based on committee and staff recommendations.

43-201.2 to 43-201.5. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-201.2 to 43-201.5. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-202, 43-202.1. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-202, 43-202.1. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-203. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-204. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-205. Administrative and Professional Personnel Qualifications, Duties and Workloads.

(Statutory Authority: S.C. Code Ann. Section 59-5-60 (2004) and federal No Child Left Behind Act, 20 U.S.C Section 6301 et seq. (2002))

I. District Level Administrative Personnel

Personnel employed as administrative assistants, supervisors, and consultants having responsibilities for supervising instructional programs and student services must hold a master's degree and be certified in their area of primary responsibility or must earn a minimum of 6 semester hours annually toward appropriate certification. The district superintendent must request from the Office of Certification an out-of-field permit for members of the central staff who are not properly certified.

II. Prekindergarten through Grade Five

A. Professional Personnel Qualifications and Duties

1. Principals

Each school with an enrollment of more than 375 students must be staffed with a full-time properly certified principal. Each school with an enrollment of fewer than 375 students must be staffed with at least a part-time properly certified principal. A principal's duties and responsibilities are to be prescribed by the district superintendent. The district superintendent must request an out-of-field permit from the Office of Certification for each principal who is not properly certified.

2. Assistant Principals or Curriculum Coordinators

Each school with an enrollment of 600 or more students must be staffed with at least one full-time properly certified assistant principal or curriculum coordinator.

3. Teachers, Guidance Counselors, and Library Media Specialists

Each teacher, guidance counselor, and library media specialist must be properly certified by the State Board of Education. Additionally, teachers of core academic subjects must meet the "highly qualified" teacher requirements specified in the No Child Left Behind Act of 2001, 20 U.S.C.Section 6301 et seq. (2002). The core academic subjects are English, reading or language arts, mathematics, science, foreign languages, civics, government, economics, history, geography, and the arts. Core academic subject teachers in Title I schools and Title I targeted assistance programs must have met the "highly qualified" requirements at the time of hiring; all other core academic subject teachers must meet the "highly qualified" requirements by the conclusion of the 2005-06 school year. The duties and responsibilities of teachers, guidance counselors, and library media specialists are to be prescribed by the school principal. The district superintendent must request an out-of-field permit from the Office of Certification for each eligible teacher, guidance counselor, and library media specialist who is not properly certified.

4. School Nurses

Each school nurse must hold a current license issued by the State Board of Nursing to practice as a professional registered nurse or as a licensed practical nurse who is working under the supervision of a professional registered nurse. The duties and responsibilities of a school nurse are to be prescribed by the principal in accordance with the laws and regulations governing nursing in South Carolina. If a school nurse works in more than one school, his or her duties and responsibilities are to be prescribed by the district superintendent or his or her designee in accordance with the laws and regulations governing nursing in South Carolina.

B. Professional Personnel Workload

1. General Education Teachers

(a) The average student-teacher ratio in any school must not exceed 28:1 based on average daily enrollment. The total number of teachers must include all regular, special area, and resource teachers whose students are counted in the regular enrollment.

(b) Each district must maintain an average student-teacher ratio of 21:1 based on average daily enrollment in reading and mathematics classes in grades one through three.

(c) Class sizes must not exceed the following student-teacher ratios:

Grade Level Maximum Student-

Teacher Ratio

Prekindergarten 20:1

Grades K-3 30:1

Grades 4-5 English/language arts and mathematics 30:1

Grades 4-5 All other subjects 35:1

(d) Paraprofessionals may be counted in computing the student-teacher ratio at the rate of .5 per paraprofessional if they work under the supervision of a teacher and make up no more than 10 percent of the total staff. Excluded from the computation are the following:

(1) teachers of self-contained special education classes, prekindergarten and kindergarten classes, principals, assistant principals, library media specialists, and guidance counselors; and

(2) students in self-contained special education classes, prekindergarten classes, or kindergarten classes.

2. Guidance Counselors and Specialists in Art, Music, and Physical Education

(a) Schools having any combination of grades one through five must employ the full-time equivalent (FTE) of a school guidance counselor and specialists in art, music, and physical education (PE) in the following ratios for each area.

Average Daily Enrollment FTE Minimum Alloted Time Daily

800 or more 1.0 300 minutes

640-799 .8 240 minutes

480-639 .6 180 minutes

320-479 .4 120 minutes

Less than 320 .2 60 minutes

(b) Music teachers may teach a maximum of 40 students per class period. The total teaching load must not exceed 240 students per day. Exceptions: When band, chorus, and orchestra require rehearsals of their entire enrollment, any number is acceptable if adequate space is available.

(c) PE teachers may teach a maximum of 40 students per class period. The total teaching load must not exceed 240 students per day. If PE and health are taught on alternate days to the same class, the 40-student maximum and 240-student total are also permitted for health. When health is taught as a separate subject, the teaching load is a maximum of 35 students per period and a total of 150 students per day.

3. Library Media Specialists

Schools with fewer than 375 students must provide at least half-time services of a certified library media specialist. Schools with 375 or more students must provide the services of a full-time certified library media specialist.

4. Special Education Teachers

(a) The teaching load for teachers of self-contained special education classes must not exceed the following student-teacher ratios

Area Maximum Ratio Based

on Average Daily

Enrollment

Mental Disabilities 15:1

(includes educable and trainable) 12:1

Emotional Disabilities

Learning Disabilities 15:1

Severe Disabilities 12:1

(includes 10:1

orthopedically

impaired) Visually

Impaired

Deaf and Hard of 10:1

Hearing

(b) The maximum teaching load required for resource teachers and itinerant teachers for students with disabilities based on average daily enrollment is as follows

Area Maximum Teaching Load

Mental Disabilities 33

(includes educable and trainable)

Emotional Disabilities 33

Learning Disabilities 33

Severe Disabilities 20

(includes orthopedically impaired)

Visually Impaired 15

Deaf and Hard of Hearing 15

(c) When resource teachers and/or itinerant teachers serve students with differing disabilities, the maximum teaching load must be determined by the majority of the students in enrollment in an area of disability.

(d) The maximum continuous caseload for speech language therapists must not exceed 60 students.

III Grades Six through Eight

A. Professional Personnel Qualifications and Duties

1. Principals

(a) Each school with an enrollment of 250 students or more must employ a full-time properly certified principal. Schools with fewer than 250 students in enrollment must be staffed with at least a half-time properly certified principal. A principal's duties and responsibilities are to be prescribed by the district superintendent. The district superintendent must request an out-of-field permit from the Office of Certification for each principal who is not properly certified.

(b) Each campus principal of a multicampus school with an enrollment of 250 students or more must comply with certification regulations prescribed for a principal of a single campus school.

2. Assistant Principals/Assistant Directors or Curriculum Coordinators

In addition to employing a full-time principal, each school with an enrollment of 500 or more students must be staffed with one full-time properly certified assistant principal or curriculum coordinator. An additional properly certified assistant principal or curriculum coordinator must be employed for a school with an enrollment of 1,000 or more.

3. Teachers, Guidance Counselors, and Library Media Specialists

Each teacher, guidance counselor, and library media specialist must be properly certified by the State Board of Education. Additionally, teachers of core academic subjects must meet the "highly qualified" teacher requirements specified in the No Child Left Behind Act of 2001, 20 U.S.C.Section 6301 et seq. (2002). The core academic subjects are English, reading or language arts, mathematics, science, foreign languages, civics, government, economics, history, geography, and the arts. Core academic subject teachers in Title I schools and Title I targeted assistance programs must have met the "highly qualified" requirements at the time of hiring; all other core academic teachers must meet the "highly qualified" requirements by the conclusion of the 2005-06 school year. The duties and responsibilities of teachers, guidance counselors, and library media specialists are to be prescribed by the school principal. The district superintendent must request an out-of-field permit from the Office of Certification for each eligible teacher, guidance counselor, and library media specialist who is not properly certified.

4. School Nurses

Each school nurse must hold a current license issued by the State Board of Nursing to practice as a professional registered nurse or as a licensed practical nurse who is working under the supervision of a professional registered nurse. The duties and responsibilities of a school nurse are to be prescribed by the principal in accordance with the laws and regulations governing nursing in South Carolina. If a school nurse works in more than one school, his or her duties and responsibilities are to be prescribed by the district superintendent or his or her designee in accordance with the laws and regulations governing nursing in South Carolina.

B. Professional Personnel Workload

1. Guidance Counselors

(a) Schools with fewer than 600 students must provide the services of a guidance counselor in the following ratios:

Enrollment Minimum Allotted Time Daily

Up to 200 100 minutes

201-300 150 minutes

301-400 200 minutes

401-500 250 minutes

501-600 300 minutes

(b) Schools with an enrollment of 501 or more must employ one full-time certified counselor. Schools with more than 600 students must provide guidance services at the ratio of one 50-minute period for each 100 students or major portion thereof.

2. Library Media Specialists

(a) Schools with fewer than 400 students must employ a library media specialist who devotes not less than 200 minutes daily to library services.

(b) Schools with an enrollment of 400 or more students must employ a certified library media specialist devoting full time to library services.

(c) Schools having an enrollment of 750 or more must employ an additional full-time person (paraprofessional or certified library media specialist) in the library.

3. Classroom Teachers

(a) The maximum teaching load must not exceed 150 students daily. No class shall exceed 35 students in enrollment.

Grade Level Maximum Student-Teacher Ratio

Grade 6 English/language arts and mathematics 30:1

Grade 6 All other Subjects 35:1

Grades 7-8 35:1

(b) A maximum of 40 students per class with a total teaching load of 240 students per day is permitted for music and physical education teachers. If physical education and health are taught on alternate days to the same class, the 40-student maximum and 240-student total are also permitted for health. When health is taught as a separate subject, the teaching load is a maximum of 35 students per class and a total of 150 students per day. Exceptions: When band, chorus, and orchestra will require rehearsals of the entire enrollment, any number is acceptable if adequate space is available.

(c) When a teacher's daily schedule includes a combination of academic subjects and nonacademic subjects, the maximum daily teaching load must be calculated on the basis of 30 students per academic class and 40 students for each music or physical education class. (Example: 3 classes of math with 30 students each = 90 +" 2 classes of physical education with 40 students each = 80. The teaching load totals 170 students. The teacher is not overloaded but teaches maximum allowable.)

(d) Maximum teacher load requirements and individual class size limits are the same for mini courses as any other classes.

4. Special Education Teachers

(a) The teaching load for teachers of self-contained classes must not exceed the following student-teacher ratios:

Area Maximum Ratio Based on Average Daily

Enrollment

Mental Disabilities 18:1

(includes educable and trainable)

Emotional Disabilities 15:1

Learning Disabilities 18:1

Severe Disabilities 15:1

(includes orthopedically impaired)

Visually Impaired 12:1

Deaf and Hard of Hearing 12:1

(b) The maximum teaching load for resource teachers and itinerant teachers for students with disabilities based on average daily enrollment is as follows:

Area Maximum Teaching Load

Mental Disabilities 33 students

(includes educable and trainable)

Emotional Disabilities 33 students

Learning Disabilities 33 students

Severe Disabilities 20 students

(includes orthopedically impaired)

Visually Impaired 15 students

Deaf and Hard of Hearing 15 students

(c) When resource teachers and/or itinerant teachers serve students with differing disabilities, the maximum caseload must be determined by the majority of the students in enrollment in an area of disability.

(d) The maximum continuous caseload for speech-language therapists must not exceed 60 students.

IV. Grades Nine through Twelve

A. Professional Personnel Qualifications and Duties

1. Principals/Directors

(a) Each school must be staffed with a full-time properly certified principal/director whose duties and responsibilities must be prescribed by the district superintendent. The district superintendent must request an out-of-field permit from the Office of Certification for each principal/director who is not properly certified.

(b) Each campus principal of a multicampus school with an enrollment of 250 students or more must comply with certification regulations prescribed for a principal of a single-campus school.

2. Assistant Principals/Assistant Directors or Curriculum Coordinators

(a) In addition to being staffed with a full-time principal/director, each school with an enrollment of 400-499 students must be staffed with at least one half-time properly certified assistant principal or equivalent.

(b) In addition to being staffed with a full-time principal/director, each school with an enrollment of 500 or more students must be staffed with at least one full-time properly certified assistant principal/assistant director and a properly certified assistant principal or the equivalent for each additional 500 students.

3. Teachers, Guidance Counselors, and Library Media Specialists

Each teacher, guidance counselor, and library media specialist must be properly certified by the State Board of Education. Additionally, teachers of core academic subjects must meet the "highly qualified" teacher requirements specified in the No Child Left Behind Act of 2001, 20 U.S.C.Section 6301 et seq. (2002). The core academic subjects are English, reading or language arts, mathematics, science, foreign languages, civics, government, economics, history, geography, and the arts. Core academic subject teachers in the Title I schools and Title I targeted assistance programs must have met the "highly qualified" requirements at the time of hiring; all other core academic teachers must meet the "highly qualified" requirements by the conclusion of the 2005-06 school year. Their duties and responsibilities are to be prescribed by the principal. The district superintendent must request an out-of-field permit from the Office of Certification for each eligible teacher, guidance counselor, and library media specialist who is not properly certified.

4. School Nurses

Each school nurse must hold a current license issued by the State Board of Nursing to practice as a professional registered nurse or as a licensed practical nurse who is working under the supervision of a professional registered nurse. The duties and responsibilities of a school nurse are to be prescribed by the principal in accordance with the laws and regulations governing nursing in South Carolina. If a school nurse works in more than one school, his or her duties and responsibilities are to be prescribed by the district superintendent or his or her designee in accordance with the laws and regulations governing nursing in South Carolina.

5. School-to-Work Transition Coordinators

When a School-to-Work transition coordinator is employed, the coordinator must be certified in one or more occupational subjects, have at least a bachelor's degree, and have two years' work experience. In lieu of the above requirements, a qualified person with an employment background in business or industry may be employed as a School-to-Work coordinator if the person possesses at least a bachelor's degree and five years of business/industry work experience in the fields of personnel or administration.

6. Career Specialists

When a career specialist is employed, the career specialist must have a strong orientation toward human-resource needs in business and industry, must hold a minimum of a bachelor's degree, and must have at least three years of appropriate work experience. If this person is to provide classroom instruction, he or she must be certified.

B. Professional Personnel Workload

1. Guidance Counselors

(a) Schools with fewer than 600 students must provide the services of a guidance counselor in the following ratios:

Enrollment Minimum Allotted Time Daily

Up to 200 100 minutes

201-300 150 minutes

301-400 200 minutes

401-500 250 minutes

501-600 300 minutes

(b) Schools with enrollments of 501 or more must employ one full-time certified counselor. Schools with more than 600 students must provide guidance services at the ratio of 50 minutes for each additional 51-100 students to the extent that the total school enrollment reflects a minimum of 50 minutes of guidance services for each 100 students.

2. Library Media Specialists

(a) Schools having an enrollment of fewer than 400 students must employ a library media specialist who must devote not less than 200 minutes daily to media services.

(b) Schools with an enrollment of 400 or more students must employ a certified library media specialist devoting full time to library services.

(c) Schools having an enrollment of 750 or more students must employ an additional full-time person (paraprofessional or certified library media specialist) in the library.

3. Classroom Teachers

(a) The maximum daily teaching load for academic classes is 150 students. No class must exceed 35 students in enrollment.

(b) A teacher must not be permitted to teach more than 1,500 minutes per week.

(c) A teacher must not be assigned classes requiring more than four preparations per day.

(d) A maximum of 40 students per class with a total teaching load of 240 students per day is permitted for music and physical education teachers. If physical education and health are taught on alternate days to the same class, the 40-student maximum and 240-student total are also permitted for health. When health is taught as a separate subject, the teaching load is a maximum of 35 students per class and a total of 150 students per day. Exception: When band, chorus, and orchestra will require rehearsals of the entire enrollment, any number is acceptable if adequate space is available.

(e) When a teacher's daily schedule includes a combination of academic and nonacademic subjects, the maximum daily teaching load must be calculated on the basis of 30 students per academic class and 40 students per music or physical education class (Example: 3 classes of math with 30 students each = 90 +" 2 classes of physical education with 40 students each = 80. The teaching load totals 170 students. The teacher is not overloaded but does teach maximum allowable.)

(f) In calculating teaching load, the number of students supervised in study hall by a regular teacher must be divided by 4. (Example: 60 divided by 4 = 15). Study hall students must not be placed in an instructional class.

4. Special Education Teachers

(a) The teaching load for teachers of self-contained classes must not exceed the following student-teacher ratios

Area Maximum Ratio Based on Average Daily

Enrollment

Mental Disabilities 18:1

(includes educable and trainable)

Emotional Disabilities 15:1

Learning Disabilities 8:1

Severe Disabilities 15:1

(includes orthopedically impaired)

Visually Impaired 12:1

Deaf and Hard of Hearing 12:1

(b) The maximum teaching load for resource teachersand itinerant teachers for students with disabilities based on average daily enrollment is as follows:

Area Maximum Teaching Load

Mental Disabilities 33 students

(includes educable and trainable)

Emotional Disabilities 33 students

Learning Disabilities 33 students

Severe Disabilities 20 students

(includes orthopedially impaired)

Visually Impaired 15 students

Deaf and Hard of Hearing 15 students

(c) When resource room and/or itinerant teachers serve students with differing disabilities, the maximum caseload must be determined by the majority of the students in enrollment in an area of disability.

(d) The maximum continuous caseload for speech-language therapists must not exceed 60 students.

43-205.1. Assisting, Developing, and Evaluating Professional Teaching (ADEPT).

(Statutory Authority: S.C. Code Ann. Section 59-26-10, et seq (2004))

I. State Standards for Professional Teaching

Teacher preparation programs and school districts must address, but are not limited to, the performance standards for Assisting, Developing, and Evaluating Professional Teaching (ADEPT), as specified in the State Board of Education's ADEPT implementation guidelines.

II. Teacher Candidates

A. All teacher education programs must adhere to State Board of Education regulations governing the preparation and evaluation of teacher candidates.

B. Each teacher education program must develop and implement a plan for preparing, evaluating, and assisting prospective teachers relative to the ADEPT performance standards in accordance with the State Board of Education's ADEPT implementation guidelines. ADEPT plans must be approved by the State Board of Education prior to implementation.

C. By July 1 of each year, teacher education programs must submit assurances to the State Department of Education (SDE) that they are complying with the State Board of Education's ADEPT implementation guidelines. Proposed amendments to previously approved ADEPT plans must be submitted along with the assurances and must be approved by the State Board of Education prior to implementation.

D. Teacher education programs must submit information on their teacher candidates, as requested annually by the SDE. This information will be used to provide flow-through funds to teacher education programs.

E. The SDE will provide teacher education programs with ongoing technical assistance such as training, consultation, and advisement, upon request.

III. Induction-Contract Teachers

A. Teachers who possess a valid South Carolina teaching certificate and have less than one year of public school teaching experience may be employed under a one-year nonrenewable induction contract. The employment and dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of Title 59 of the 1976 Code of Laws do not apply to teachers employed under induction contracts.

B. Each local school district must develop and implement a plan to provide induction-contract teachers with comprehensive guidance and assistance throughout the school year. District induction plans must comply with the State Board of Education's guidelines for assisting induction-contract teachers and must be approved by the State Board of Education prior to implementation.

C. Teachers employed under induction contracts are to be notified in writing by April 15 concerning their employment status for the next school year. Teachers who complete the induction-contract year may, at the discretion of the school district, either be employed under an annual contract or be released from employment. Teachers who are released may seek employment in another school district at the annual-contract level.

D. School districts must submit information on all teachers employed under induction contracts, as requested annually by the SDE. This information will be used to provide flow-through funds to school districts.

E. By May 1 of each year, school districts must submit assurances to the SDE that they are complying with the State Board of Education's ADEPT implementation guidelines for assisting induction-contract teachers. A copy of the district's proposed induction timeline must accompany the assurances. Proposed amendments to the district's previously approved induction plan must be submitted along with the assurances and must be approved by the State Board of Education prior to implementation.

F. By June 20 of each year, school districts must submit end-of-year information on teachers employed under induction contracts and on the employment contract decisions made for the following year, as requested by the SDE.

G. The SDE will provide school districts with ongoing technical assistance such as training, consultation, and advisement, upon request.

IV. Annual-Contract Teachers

A. Teachers who have completed an induction-contract year may be employed under an annual contract. Full procedural rights under the employment and dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of Title 59 of the 1976 Code of Laws do not apply to teachers employed under annual contracts. However, annual-contract teachers do have the right to an informal hearing before the district superintendent, under the provisions of S.C. Code Ann. Section 59-26-40 (2004).

B. Teachers employed under an annual contract must be evaluated or assisted with procedures developed or adopted by the local school district in accordance with the State Board of Education's ADEPT implementation guidelines. These procedures must include the development, implementation, and evaluation of an individualized professional growth plan for each teacher.

C. Teachers must not be employed under an annual contract for more than four years.

D. During the first annual-contract year, the annual-contract teacher must, at the discretion of the school district, either undergo a formal performance evaluation or be provided with diagnostic assistance. The term "formal performance evaluation" is defined as a summative evaluation of teaching performance relative to the state standards and evaluation processes, as specified in the State Board of Education's ADEPT implementation guidelines. All formal evaluation processes must meet the general technical criteria of validity, reliability, maximum freedom from bias, and documentation. The term "diagnostic assistance" is defined as an optional process for providing individualized support to teachers who have demonstrated potential but who are not yet ready to successfully complete a formal performance evaluation.

1. An annual-contract teacher who has met the formal evaluation criteria set by the State Board of Education, the requirements for annual-contract teachers set by the local board of trustees, and the requirements established by the State Board of Education for the professional teaching certificate is eligible for employment at the continuing-contract level. At its discretion, the district may either employ the teacher under a continuing contract or terminate the teacher's employment. If employment is terminated, the teacher may seek employment in another school district. At the discretion of the next hiring district, the teacher may be employed at the annual or continuing-contract level.

2. An annual-contract teacher who has met the formal evaluation criteria set by the State Board of Education and the requirements set by the local board of trustees but who has not yet satisfied all requirements established by the State Board of Education for the professional teaching certificate is eligible for employment under a subsequent annual contract, with evaluation being either formal or informal (i.e., goals-based), at the discretion of the local school district. At its discretion, the district may either employ the teacher under an annual contract or terminate the teacher's employment. If employment is terminated, the teacher may seek employment in another school district at the annual-contract level.

3. An annual-contract teacher who for the first time fails to meet the formal evaluation criteria set by the State Board of Education or who fails to meet the requirements set by the local board of trustees is eligible for employment under a subsequent annual contract. At its discretion, the district may either employ the teacher under an annual contract or terminate the teacher's employment. If employment is terminated, the teacher may seek employment in another school district at the annual-contract level.

An annual-contract teacher who has demonstrated potential but who has not yet met the formal evaluation criteria set by the State Board of Education and/or the requirements set by the local board of trustees is eligible for a diagnostic-assistance year at the annual-contract level. This diagnostic-assistance year must be provided, if needed, at the discretion of the employing school district, either during the teacher's first annual-contract year or during the annual-contract year following the teacher's first unsuccessful formal evaluation. A teacher is eligible to receive only one diagnostic-assistance year.

4. An annual-contract teacher who for the second time fails to meet the formal evaluation criteria set by the State Board of Education will have his or her teaching certificate automatically suspended by the State Board of Education, as prescribed in Section 59-5-60 of the South Carolina Code of Laws, 1976, and in State Board of Education Regulation 43-58. Subsequent to this action, the teacher will be ineligible to be employed as a classroom teacher in a public school in this state for a minimum of two years. Before reentry into the profession, the teacher must complete a state-approved remediation plan based on the area(s) that were identified as deficiencies during the formal evaluation process. Remediation plans must be developed and implemented in accordance with the State Board of Education's ADEPT implementation guidelines.

Following the minimum two-year suspension period and the completion of the remediation plan, as verified by the SDE, the teacher's certificate suspension will be lifted, and the teacher will be eligible for employment at the annual-contract level. Upon his or her reentry into the profession, the teacher must be formally evaluated. If, at the completion of the evaluation process, the teacher meets the formal evaluation criteria set by the State Board of Education, he or she may continue toward the next contract level. If, at the completion of the evaluation process, the teacher does not meet the formal evaluation criteria set by the State Board of Education, he or she is no longer eligible to be employed as a public school teacher in this state.

E. Each school district must develop a plan to evaluate and provide diagnostic assistance to teachers at the annual-contract level, in accordance with the State Board of Education's ADEPT implementation guidelines. District plans also must include procedures for developing, implementing, and evaluating individualized professional growth plans for annual-contract teachers.

F. School districts must establish criteria or requirements that teachers must meet at the annual-contract level. At a minimum, districts must require annual-contract teachers to meet the ADEPT formal evaluation criteria and all other requirements for the professional teaching certificate, as specified by the State Board of Education, in order to advance to the continuing-contract level.

G. By May 1 of each year, school districts must submit assurances to the SDE that they are complying with the State Board of Education's ADEPT implementation guidelines for evaluating and assisting teachers at the annual-contract level. A copy of the district's proposed formal evaluation and diagnostic assistance timelines must accompany the assurances. Proposed amendments to the district's previously approved ADEPT plan for annual-contract teachers must be submitted along with the assurances and must be approved by the State Board of Education prior to implementation.

H. By June 20 of each year, school districts must submit end-of-year information on teachers employed under annual contracts and on the employment contract decisions made for the following year, as requested by the SDE.

I. The SDE will provide school districts with ongoing technical assistance such as training, consultation, and advisement, upon request.

V. Continuing-Contract Teachers

A. Teachers who have met the formal evaluation criteria set by the State Board of Education, the requirements for annual-contract teachers set by the local board of trustees, and the requirements established by the State Board of Education for the professional teaching certificate are eligible for employment at the continuing-contract level. Teachers employed under continuing contracts have full procedural rights relating to employment and dismissal as provided for in Article 3, Chapter 19, and Article 5, Chapter 25, of Title 59 of the 1976 Code of Laws.

B. Teachers employed under continuing contracts must be evaluated on a continuous basis. The evaluation may be formal or informal (i.e., goals-based), at the discretion of the district. Districts must develop policies for recommending continuing-contract teachers for formal evaluation. Continuing-contract teachers who are being recommended for formal evaluation the following school year must be notified in writing no later than April 15. The written notification must include the reason(s) that a formal evaluation is recommended, as well as a description of the formal evaluation process. Continuing-contract teachers who are new to the district must be advised at the time of their hiring if they are to receive a formal evaluation.

C. Each school district must develop a plan, in accordance with State Board of Education's ADEPT implementation guidelines, to continuously evaluate teachers who are employed under continuing contracts. At a minimum, district ADEPT plans for continuing-contract teachers must address formal and informal evaluations and individualized professional growth plans.

D. By May 1 of each year, school districts must submit assurances to the SDE that they are complying with the State Board of Education's ADEPT implementation guidelines for continuously evaluating teachers at the continuing-contract level. A copy of the district's proposed formal and informal evaluation timelines must accompany the assurances. Proposed amendments to the district's previously approved ADEPT plan for continuing-contract teachers must be submitted along with the assurances and must be approved by the State Board of Education prior to implementation.

E. By June 20 of each year, school districts must submit end-of-year information on teachers employed under continuing contracts and on the employment decisions made for the following year, as requested by the SDE.

F. The SDE will provide school districts with ongoing technical assistance such as training, consultation, and advisement, upon request.

VI. Teachers Who Do Not Have Sufficient Opportunity to Complete the ADEPT Process

A. A teacher who is employed under an induction, annual, or continuing contract and who is absent for more than 20 percent of the days in the district's SBE-approved annual evaluation cycle may, at the recommendation of the district superintendent, have his or her ADEPT results reported to the SDE as "incomplete."

B. Teachers whose ADEPT results are reported to the SDE as "incomplete" are eligible to repeat their contract level during the next year of employment.

VII. Teachers Employed from Out of State or from a Nonpublic-School Setting

A. Certified teachers employed from out of state or from a nonpublic-school setting who have less than one year of teaching experience are eligible for employment under an induction contract.

B. Certified teachers who are employed from out of state or from a nonpublic-school setting and who have one or two years of teaching experience are eligible for employment under an induction or an annual contract, at the discretion of the school district. At the annual-contract level, teachers may receive either a diagnostic-assistance year or a formal evaluation. Teachers must meet all requirements for the professional certificate, including successful completion of a full formal evaluation at the annual-contract level, before they are eligible to receive a continuing contract.

C. Certified teachers who are employed from out of state or from a nonpublic-school setting and who have more than two years of teaching experience are eligible for employment under an annual contract. During their first year of employment in a South Carolina public school, these teachers may, at the discretion of the school district, receive either a diagnostic-assistance year or a formal evaluation. Teachers who undergo formal evaluation and who, at the conclusion of the preliminary evaluation period, meet the formal evaluation criteria set by the State Board of Education may, at the discretion of the school district, have the final portion of the formal evaluation process waived. Teachers must meet all requirements for the professional certificate, including successful completion of a full formal evaluation at the annual-contract level, before they are eligible to receive a continuing contract.

D. Teachers who are employed from out of state or from a nonpublic-school setting and who are certified by the National Board for Professional Teaching Standards (NBPTS) are exempted from initial certification requirements and are eligible for continuing contract status (S.C. Code Ann. Section 59-26-85).

VIII. Career and Technology Education Teachers, Candidates Pursuing Alternative Routes to Teacher Certification, and Teachers Employed on a Part-Time Basis

A. Teachers certified under the Career and Technology Education certification process must follow the same sequence as traditionally prepared teachers in terms of contract levels (i.e., induction, annual, and continuing) and ADEPT evaluation and assistance processes.

B. Candidates pursuing alternative routes to teacher certification must follow the same sequence as traditionally prepared teachers in terms of contract levels (i.e., induction, annual, and continuing) and ADEPT evaluation and assistance processes.

C. Teachers who are employed part-time and who receive a teaching contract (i.e., induction, annual, or continuing) must participate in the ADEPT evaluation and assistance processes.

IX. Teachers Employed under a Letter of Agreement

A. Teachers who are eligible for an induction or an annual contract but who are hired on a date that would cause their period of employment to be less than 152 days during the school year may be employed under a letter of agreement.

B. Teachers employed under a letter of agreement do not fall under ADEPT. However, districts must ensure that these teachers receive appropriate assistance and supervision throughout the school year.

C. The employment and dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of Title 59 of the 1976 Code of Laws do not apply to teachers employed under a letter of agreement.

X. Teachers Who Hold an International Teaching Certificate

A. Teachers from outside the United States who hold an international teaching certificate must follow the same sequences as traditionally prepared teachers in terms of the beginning contract levels (i.e., induction and annual) and ADEPT evaluation and assistance processes.

B. Teachers from outside the United States who hold an international teaching certificate may remain at the annual-contract level but may not be employed under a continuing contract.

XI. Teachers Employed in Charter Schools

A. Except as otherwise provided in the Charter Schools Act (S.C. Code Ann.Section 59-40-50(A) (2004)), charter schools are exempt from all provisions of law and regulations applicable to a public school, a school board, or a district. However, a charter school may elect to comply with one or more of these provisions of law or regulations, such as the provisions of the ADEPT statute and regulation.

B. Charter schools that elect not to implement the ADEPT system may assist and/or evaluate their teachers according to the policies of their respective charter school committees. Certified teachers in these schools will accrue experience credit in a manner consistent with the provisions of State Board of Education Regulation 43-57 (24 S.C. Code Ann. Regs. 43-57 (1976)). However, teachers in non-ADEPT charter schools who hold an initial teaching certificate are not eligible to advance to a professional certificate. In these instances, the initial certificate may be extended indefinitely, provided that the administrator of the charter school requests the extension in writing on an annual basis from the Office of Teacher Certification. Such requests will be granted provided that the teacher has met the certificate renewal requirements as specified in State Board of Education Regulation 43-55 (24 S.C. Code Ann. Regs. 43-55 (Supp. 2003)).

C. Charter schools that elect to implement the ADEPT system must comply with all provisions of the amended ADEPT statute (S.C. Code Ann. Sections 59-26-30 and 59-26-40, to be codified at Supp. 2004), this regulation, and the State Board of Education's ADEPT implementation guidelines. In fulfilling these requirements, the contract between the charter school and its sponsor (i.e., the local school district) must include an ADEPT provision. All certified teachers in the charter school must be placed under an induction, annual, or continuing contract, as appropriate, and must be assisted and evaluated in a manner consistent with the school district's State Board of Education-approved ADEPT plan. The ADEPT provision must address the charter school's responsibilities for ensuring the fidelity of the implementation of the ADEPT system. The provision also must address the district's responsibilities in terms of staff training and program implementation. At a minimum, the district must agree to disseminate all ADEPT-related information from the SDE to the charter school and to report charter school teacher data to the SDE. The provision must be included in the sponsor district's ADEPT plan and approved by the State Board prior to implementation.

XII. Reporting Requirements

Failure of a teacher education program or local school district to submit all required assurances or requested information pursuant to this regulation may result in the State Board of Education's withholding ADEPT funds.

43-205.2. Repealed by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

43-206. Professional Personnel Resignation.

Any teacher who fails to comply with the provisions of his contract without the written consent of the school board shall be deemed guilty of unprofessional conduct. A breach of contract resulting from the execution of an employment contract with another board within the State without the consent of the board first employing the teacher makes void any subsequent contract with any other school district in South Carolina for the same employment period. Upon the formal complaint of the school board, substantiated by conclusive evidence, the State Board shall give notice to the said teacher by registered mail to appear before the State Board of Education to show cause why such teacher's certificate should not be revoked or suspended, the notice to contain the information that the teacher is entitled to counsel if he so desires and to bring counsel with him to the meeting. If the teacher fails to appear before the State Board, or if the teacher does appear and the said Board rules that such teacher did not have sufficient cause for terminating the contract, the said Board shall suspend or revoke the teacher's certificate, for a period not to exceed one calendar year. State education agencies in other states with reciprocal certification agreements shall be notified of the revocation of the certificate.

The term "teacher" as herein used shall include all school personnel required to be certified by the State Board of Education.

43-207. Health Examination.

All personnel shall be screened for tuberculosis as required by Section 44-29-150 and Section 44-29-160 of the Code of Laws of South Carolina, 1976, as amended April 24, 1979. Guidelines for screening of school employees for tuberculosis are available in each county health department.

43-208. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-208.1. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-209. Support Personnel/Paraprofessional Personnel Positions, Qualifications and Duties.

(Statutory Authority: S.C. Code Ann. Section 59-5-60 (1990) and 20 U.S.C. Section 6301 et seq. (2002))

A. Support personnel positions for school district superintendents and school principals

1. Secretarial services shall be provided.

2. Custodial services shall be provided.

B. Paraprofessional personnel positions

1. Each teacher of trainable, orthopedically, emotionally, or visually disabled pupils in a self-contained classroom model shall have a paraprofessional full time, provided that the class has a minimum membership of four pupils.

2. Each teacher of a kindergarten unit shall have a paraprofessional full time.

C. Paraprofessional Personnel Qualifications and Duties

1. Paraprofessionals helping with classroom instruction or programs shall meet the following requirements:

a. All instructional paraprofessionals must be at least 18 years of age.

b. All instructional paraprofessionals must have at least a high school diploma or state equivalency certificate.

c. Instructional paraprofessionals who work in a Title I school or a Title I targeted assistance program and who were hired after January 8, 2002, must either

(1) hold a two-year associate's degree from an accredited institution, or

(2) have completed two years (60 semester hours) of college coursework from an accredited institution, or

(3) have passed a state-approved examination of content knowledge and pedagogy.

d. Instructional paraprofessionals who work in a Title I school or a Title I targeted assistance program and who were hired before January 8, 2002, must meet the requirements listed in C.1.c. by January 8, 2006.

e. All instructional paraprofessionals must work under the direct supervision of a certified teacher.

f. All instructional paraprofessionals must participate in preservice and inservice training programs for instructional paraprofessionals.

2. The State Department of Education will maintain an electronic registry of instructional paraprofessionals that indicates whether the instructional paraprofessional has met the requirements listed in C.1.c.

43-210. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-211, 43-212. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-211, 43-212. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-213. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-214, 43-215. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-214, 43-215. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

(Statutory Authority: 1976 Code Sections 59-5-60, 59-30-10 et seq., 59-33-30, 59-53-1810)

43-220. Gifted and Talented.

(Statutory Authority: S.C. Code Ann. Section 59-29-170 (Supp. 2002))

Purpose: The State Board of Education recognizes the need to provide gifted education services to identified students in grades one through twelve. These regulations provide the framework for provision of these services. All regulations must be followed in order to qualify for state funding.

In order to comply with the South Carolina Education Improvement Act of 1984, school districts must provide programs for all gifted and talented students at the elementary and secondary levels. These programs shall develop the unique talents of students.

I. DEFINITIONS

A. Population

1. Gifted and talented students are those who are identified in grades one through twelve as demonstrating high performance ability or potential in academic and/or artistic areas and therefore require an educational program beyond that normally provided by the general school program in order to achieve their potential.

2. Gifted and talented abilities for these regulations include

(a) Academic and Intellectual Ability: Students who have the academic and/or intellectual potential to function at a high level in one or more academic areas.

(b) Visual and Performing Arts: Students who have the artistic potential to function at a high performance level in one or more of the fine arts.

B. Terms

1. Demonstrating: making evident or establishing by reasoning; proving

2. Academic areas: any or all of the academic disciplines and performance skills that cross the disciplines to include research, technology, and reasoning

3. High level: functional or performance level set by the identification dimensions in these regulations

4. Confluent: blending and moving forward together

5. Multi-: more than one

6. Multiage classroom: regular classroom where gifted and talented students are served through grade placement above chronological grade placement

7. Screening: considering all students on consistent measures (Screening involves census testing to guarantee each student consideration in the identification process.)

8. Referral: considering one or more students based on recommendation or nomination (Each student referred must be assessed and reassessed as indicated in these regulations.)

9. Assessment: evaluation and re-evaluation of student aptitudes, attributes, and behaviors according to specified dimensions

10. Placement: evaluation of student profiles for service indications

11. Special school: full-time gifted and talented magnet school: full-time gifted and talented school-within-a-school

12. Special class: self-contained gifted and talented class organized around one or more disciplines

13. Resource room/pull-out: self-contained gifted and talented class that meets away from the regular classroom to provide the services established in these regulations

14. Regular classroom cluster/itinerant teacher: an intra-classroom model in which students in grades 1-2 receive services from the trained classroom teacher or an itinerant teacher

15. Academic discipline/disciplines: English language arts, mathematics, science, social studies, and foreign language

II. ACADEMICS

A. Program

1. Districts will submit a local gifted and talented program plan every three years and delineate progress on this plan annually. The State Department of Education will review the plan annually and provide written feedback to the districts. The State Department of Education shall establish a format and template for the plan. The following academic program requirements will be addressed in a district plan:

(a) curriculum, instruction, and assessment that maximize the potential of the identified students;

(b) support services that facilitate student learning (e.g., technology, guidance, academic support, staff development, academic competition);

(c) program models that facilitate the delivery of curriculum and instruction;

(d) a teacher-pupil ratio that fosters positive results; and

(e) appropriate and sufficient time in instruction to assure that the goals and objectives of the program are met.

2. To provide curriculum, instruction, and assessment that maximize the potential of the identified students, educational programs for academically gifted and talented students must reflect the following characteristics:

(a) content, process, and product standards that exceed the state-adopted standards for all students;

(b) goals and indicators that require students to demonstrate depth and complexity of knowledge and skills;

(c) instructional strategies that accommodate the unique needs of gifted learners;

(d) a confluent approach that incorporates acceleration and enrichment;

(e) opportunities for worldwide communication/research; and

(f) evaluation of student performance and program effectiveness.

3. Districts should reference the South Carolina Gifted and Talented Best Practices Manual for program models and curriculum requirements.

4. The models and teacher-pupil ratios that are approved for program service at respective grade levels are

Grades Approved Program Model Choices

------ ------------------------------------------

1-2 Regular Classroom/Itinerant Teacher (1:10)

Multiage Classroom (NA)

Resource Room/Pull-out (1:15)

3-5 Special School (1:25)

Special Class (1:25)

Resource Room/Pull-out (1:20)

6-8 Special School (1:25)

Special Class (1:25)

Resource Room/Pull-out (1:20)

9-12 Special School (1:25)

Special Class (1:25)

5. Extension Models, while encouraged to supplement service, may not be substituted for one of the Approved Program Model Choices. They include but are not limited to

Grades Extension Model

------ -----------------------------------------

1-2 After School/Summer Services

Individual Educational Plan

Grade/Subject Acceleration

Independent Study

Special Training/Services for Parents

3-5 Regular Classroom Cluster/Itinerant Model

After School/Summer Services

Independent Study

6-12 Mentorship/Internship

Regular Classroom Cluster/Itinerant Model

After School/Summer Services

Independent Study

Seminars

Exploratory Courses

6. A school or district may elect to serve students in any of the above Approved Program Models through a consortium agreement with other school districts. Other models developed by the school district must receive written approval annually from the State Department of Education.

7. An appropriate teacher-pupil ratio fosters positive results. The teacher-pupil ratios are listed beside the models in the chart above. Teachers shall be provided two hundred and fifty minutes per week or the equivalent for planning.

8. The program must provide appropriate and sufficient time to assure that the goals and objectives of the program are met. The following time requirements must be met by resource room/pull-out and regular classroom/itinerant teacher program models at respective grade levels to assure funding:

Grades Minimum Minutes Per Year

------ ------------------------

1-3 4500

4-8 7200

The special school model requires full-time (academic) service. The special class model time requirements are 8100 minutes per year.

B. Identification of Population to be Served

1. The purposes of identification are (1) to find students who display characteristics of the gifted and talented; (2) to assess the aptitudes, attributes, and behaviors of each student; and (3) to evaluate each student for the purposes of placement. Student aptitudes, attributes, and behaviors will be identified, assessed, and reviewed through a multistep, multimodal, and multidimensional identification system.

2. Gifted and talented students may be found within any racial, ethnic, or socioeconomic group; within any nationality; within both genders; and within populations with physical disabilities, learning disabilities, or behavioral problems.

3. Identification is a multistep process, which consists of screening and referral, assessment of eligibility, and placement.

4. Districts should reference the South Carolina Gifted and Talented Best Practices Manual for the identification process.

5. The following students are deemed eligible for services with the approval of the District Evaluation Placement Team:

(a) students who were served and qualified by state regulations prior to 1999,

(b) students who meet the criteria in two out of three dimensions that follow,

(c) students who meet the 96th national age percentile composite score or higher (placement grades three through twelve) or the 98th national age percentile composite score or higher (placement grades one through two) on an individual or group aptitude test, and

(d) students identified in one South Carolina school district are eligible for services in any South Carolina school district.

6. Screening/Referral Procedures

(a) Districts shall screen all students by reviewing census aptitude and achievement test scores. Referrals from administrators, parents, teachers, and students must be accepted. Initial screening does not in itself guarantee placement.

(b) Districts shall include the following procedures in the screening/referral process:

(1) provide all parents/guardians with effective, written notice of the gifted education program, screening/referral procedures, and eligibility requirements;

(2) implement processes for identifying the academically gifted from all student populations;

(3) provide training/guidance regarding the characteristics of academic giftedness for teachers and other district staff involved in the identification process;

(4) use screening criteria and procedures that are directly related to the purpose of the gifted program (i.e., identifying all students with demonstrated potential for high academic performance as well as those who have demonstrated high achievement).

(c) All students with the potential for eligibility after screening and all students with referrals must continue into the assessment for eligibility phase of the identification process. The State Department of Education will establish procedures for screening and referral criteria with options for districts. Districts must use one of these options or obtain State Department of Education approval of an alternative proposal.

7. Assessment for Eligibility

(a) Districts must ensure that all assessment instruments/measures are reviewed for bias and accurately assess the abilities/skills/potential intended to be measured; these abilities/skills/potentials are consistent with the definition of population set forth in this regulation; and, to the extent that subjective assessment criteria are used, those individuals conducting the assessment are trained to ensure proper evaluation.

(b) No private testing will be accepted for eligibility, but those results may be considered for referral purposes.

(c) The following criteria organized by dimensions shall be used in the screening/referral/assessment processes of identification:

(1) Dimension A: Reasoning Abilities

These students demonstrate high aptitude (93rd national age percentile or above) in one or more of these areas: verbal/linguistic, quantitative/mathematical, nonverbal, and/or a composite of the three.

a) Individual aptitude test (full-scale or component score)

b) Group aptitude test (composite, verbal, or nonverbal scores)

(2) Dimension B: High Achievement in Reading and/or Mathematical Areas

These students demonstrate high achievement (94th national percentile and above or advanced status) in reading and/or mathematical areas as measured by nationally normed or South Carolina statewide assessment instruments. (SeeSouth Carolina Gifted and Talented Best Practices Manual for approved subtest areas.)

(3) Dimension C: Intellectual/Academic Performance

These students demonstrate a high degree of interest in and commitment to academic and/or intellectual pursuits or demonstrate intellectual characteristics such as curiosity/inquiry, reflection, persistence/tenacity in the face of challenge and creative productive thinking. Characteristics for this dimension are demonstrated through

a) Evidence of commitment in academic disciplines through grades for placement in grades seven through twelve; the standard is 3.75 points on a 4.0 scale (See the glossary of terms for a listing of the academic disciplines.);

or

b) Assessments of performance on Project STAR for placement in Grades three through six... Instruments for these assessments will be maintained secure under S.C. Code Ann. Section 59-1-445 (1990), Section 59-1-445, Violations of mandatory test security; penalties; investigations. The performance standard for the primary level is sixteen on either the verbal or nonverbal assessments for placement into grade three and eighteen on either the verbal or nonverbal assessment for placement into grade four. The performance standard for the intermediate level is sixteen on the verbal or twenty-two on the nonverbal for placement into grade five and eighteen on the verbal or twenty-five on the nonverbal for placement into grade six. The qualifying standards for new forms of Project STAR will be equivalent to those of the base year.

(4) Districts will follow steps established by the Department of Education to guarantee no single criterion eliminates students from gifted program participation.

8. Placement

(a) The evaluation step in the identification process of gifted and talented students shall be the responsibility of an evaluation/placement team within the school or district. The team shall be composed of at least a teacher, an administrator, and a psychologist (if employed by the district) and may also include a guidance counselor and/or a community-related person whose training and expertise qualifies him or her to appraise the special competencies of students.

(b) The evaluation/placement team shall have the responsibility to interpret and evaluate student data in such a way that will insure appropriate placement. The evaluation/placement team may require additional assessment before determining student placement. Placement may involve a trial period for at least one semester but not more than one year. Criteria for trial placement shall be established in guidelines established by the State Department of Education. Students whose progress within the gifted and talented program at the end of trial placement is not deemed adequate by the evaluation/placement team may be withdrawn from the program.

(c) The evaluation/placement team will be responsible for developing appropriate written procedures for removing a student from the gifted program. The criteria for these procedures according to the program model shall be established by the State Department of Education by January 1, 2005. Removal from the program must be preceded by appropriate counseling with the student and conferences with the student's parents and teachers. Records of any assessment and evaluative measures and other student information must be maintained in a confidential manner.

(d) Students identified and served according to prior eligibility criteria will continue to be eligible for placement and funding provided their program service meets the requirements herein. Any student entering the program once these regulation amendments are effective shall be considered for placement based on the eligibility criteria herein.

C. Staff

1. Teacher Qualifications

(a) Teachers must hold valid teaching certificates appropriate to the grade level(s) or subject area(s) included in the program.

(b) Each teacher of a state-funded gifted and talented course or class shall have completed a training program approved by the State Department of Education.

(1) Exception 1: Newly assigned teachers will have one year to meet gifted and talented training requirements.

(2) Exception 2: Teachers who have a master's degree or higher in gifted education may have this requirement waived upon approval of credentials by the State Department of Education.

2. Professional Development

Appropriate, ongoing staff development activities in gifted education shall be provided annually by the district.

D. Reporting

1. Districts will report to the State Department of Education information, which includes, but is not limited to, student eligibility, screening, and referrals. Districts will annually collect and maintain, district statistical data on (1) the number, by race, of students referred for evaluation for eligibility for gifted education services; (2) the number, by race, of students determined eligible for services; (3) the number, by race, of students actually served during the school year; and (4) the number, by school, by grade, by race, by model, of students actually served during the school year.

2. Districts shall review annually the performance of gifted students on PACT, AP exams, IB exams, SAT, ACT, and similar college entrance tests. Districts shall summarize the performance of gifted students on these assessments and report trend data to the State Department of Education annually. These data will be disaggregated demographically and reported annually to the General Assembly.

3. Official enrollment reports to be used for funding purposes shall be submitted at the end of the 135-day enrollment period. The enrollment reports shall be submitted on forms to be furnished by the State Department of Education.

E. Funding

1. Allocation of Funds

The State Department of Education will annually calculate each district's allocation based on the number of gifted and talented students projected to be served in each district as it relates to the total of all such students in the state. Unobligated funds, which become available during the fiscal year (July 1-June 30) will be redistributed to serve additional eligible students.

2. Distribution of Funds

School districts will be authorized to expend allocated funds on students meeting the eligibility criteria of prior regulations and students meeting the eligibility criteria and being served in approved programs. Distribution of funds will be made periodically with a final adjustment occurring at the end of the 135-day attendance reporting period for regular academic programs.

3. Base Allocation for School Districts with Small Enrollments

School districts identifying and serving, according to the State Board of Education Regulations, forty students or less shall receive a minimum funding of $15,000 annually for academic programs.

F. Expenditures and Accounting Procedures

1. State funds provided for gifted and talented programs must impact directly on students served in accordance with provisions of the State Board of Education Regulations. Accounting procedures shall conform to those outlined in the Financial Accounting Handbook issued by the State Department of Education. The entire allocation must be used directly for gifted and talented related expenditures.

2. A supplemental schedule shall be required in the school district's annual audit under the single audit concept.

III. Artistic

A. Program

1. Districts shall develop a written plan to include the following artistic requirements:

(a) curriculum, instruction, and assessment that maximize the potential of the identified students;

(b) support services that facilitate student learning (e.g., technology, guidance, artistic support, staff development, artistic competition);

(c) program models that facilitate the delivery of instruction;

(d) a teacher-pupil ratio that fosters positive results; and

(e) appropriate and sufficient time in instruction to assure that the goals and objectives of the program are met.

2. To provide curriculum, instruction, and assessment that maximize the potential of the identified students, educational programs for the artistic gifted and talented students must reflect the following characteristics:

(a) content, process, and product standards that exceed the state-adopted arts standards for all students;

(b) goals and indicators that require students to demonstrate depth and complexity of knowledge and skills;

(c) instructional strategies that accommodate the unique needs of gifted learners;

(d) opportunities for worldwide communication/research; and

(e) evaluation of student performance and program effectiveness.

3. Program Models

(a) Visual and performing arts programs may be offered during the regular school year or during the summer for grades one through twelve. Visual and performing arts programs shall focus on creative expression in one or more of the following areas: dance, drama, music, and/or visual arts. A diversified arts program encompassing the disciplines of dance, drama, music, and visual arts may be offered in grades one through six. (A diversified program is one in which students take a variety of disciplines, typically in a summer program.) The program models are in-school programs, after-school programs, summer programs, Saturday programs, and consortium programs. Combinations of the approved program models are also acceptable.

(b) A school district may elect to serve students in any of the models through consortium agreement with other school districts.

4. Length of Time in Models

Academic School Year (In-school, after-school, and Saturday Programs)

Grades Minimum Minutes Per Year

------ ------------------------

1-3 4500

4-8 7200

9-12 8100

Summer Programs (30 days in length) Saturday Programs (minimum 30 Saturdays)

Grades Minimum Hours per Day

----------------------------------- ---------------------

1-3 2 1/2 hours

4-8 4 hours

9-12 5 hours

5. Teacher-Pupil Ratios: an appropriate teacher-pupil ratio fosters positive results. Districts should reference the South Carolina Gifted and Talented Best Practices Manual for further information.

B. Identification of Population to be Served

1. The purposes of identification are (1) to find students who display talent beyond that of their peers in one or more artistic areas; (2) to assess the aptitudes, attributes, and behaviors of each student; and (3) to evaluate each student for the purposes of referral.

2. Gifted and talented students may be found within any racial, ethnic, or socioeconomic group; within any nationality; within both genders; and within populations with physical disabilities, learning disabilities, or behavioral problems.

C. Identification/Selection is a four-step process, which consists of referral, recommendation, demonstration, and placement.

1. Referral Procedures

(a) Students may be referred by a teacher, administrator, parent, self, or a peer using a State Department of Education-approved instrument appropriate to the visual and performing arts area, to include creativity and expressive qualities. The referral should be used to identify students who have an aptitude for the arts and may benefit from intense exploration and in-depth study in one or more of the arts. The initial referral does not itself guarantee placement.

(b) Districts shall include the following procedures in the referral process:

(1) provide all parents/guardians with effective, written notice of the gifted education program, referral procedures, and eligibility requirements;

(2) implement processes for identifying artistically gifted from all student populations;

(3) provide training/guidance regarding characteristics of the artistically gifted for teachers and other district staff involved in the identification process;

(4) use referral criteria and procedures that are directly related to the purpose of the artistically gifted program; and

(5) reference the South Carolina Gifted and Talented Best Practices Manual for appropriate forms for the referral process.

(c) Assessment for Eligibility

Districts shall establish a review team comprised of at least three individuals to include an arts teacher, an administrator, and a community person with experience in the arts. The team shall ensure that all assessment instruments/measures are reviewed for bias and accurately assess the abilities/skills/potentials intended to be measured and, to the extent that subjective assessment criteria are used, that those individuals conducting the assessment are trained to ensure proper evaluation.

2. Recommendation Form

(a) A recommendation form, which may be combined with the referral form, consisting of a checklist to assist with identifying the gifted artistic student will be completed by the dance teacher, the physical education teacher, the classroom teacher, the drama teacher (or the classroom teacher in the elementary school or middle school if the middle school does not have a drama teacher), the music teacher, or the visual arts teacher.

(b) A teacher should base responses to the checklist on student behaviors that were observed throughout the school year.

(c) Districts should refer to the South Carolina Gifted and Talented Best Practices Manual for recommendation forms and checklists.

3. Demonstration/Audition

(a) The demonstration/audition should enable the evaluation-placement team to determine a student's artistic potential to function at a high level in one or more of the arts.

(b) The demonstration/audition must also include either a student interview or questionnaire to assist the evaluation-placement team in determining suitability for placement.

(c) Students will be rank ordered using results from the demonstration/audition and the student interview or questionnaire.

(d) Parents of referred students may decide not to proceed with the demonstration/audition.

4. Placement

(a) The placement of gifted and talented students should be the responsibility of the evaluation-placement team comprised of one member of the arts faculty or district arts staff, an administrator, and an additional member from the community who has expertise in the arts area for which the student has been referred.

(b) The evaluation-placement team shall interpret and evaluate student data in such a way that will insure appropriate placement. The team may require additional assessment before determining student placement. Placement may involve a trial period for at least one semester but not more than one year. Students whose progress within the program are not deemed adequate by the team may be withdrawn from the program.

(c) The team will be responsible for developing appropriate written procedures for removing a student from the gifted program. Removal from the program must be preceded by appropriate counseling with the student and conferences with the student's parents and teachers. Records of any assessment and evaluative measures and other student information must be maintained in a confidential manner.

D. Staff

1. Teacher Qualifications for a Visual and Performing Arts Program: Teachers must hold a valid teaching certificate appropriate to the grade level(s) or subject area(s) included in the program. Professionals in the visual and performing arts may teach in the gifted and talented program if serving in the program under the supervision of the appropriate district personnel.

2. Professional Development: Appropriate, ongoing staff development activities related to serving gifted and talented students shall be provided by the district annually.

E. Reporting

1. Districts will report to the State Department of Education information that includes, but is not limited to, student eligibility and referrals. Districts will annually collect and maintain district statistical data on (1) the number, by race, of students referred for evaluation; (2) the number, by race, of students determined eligible for services; and (3) the number, by race, by school, by grade, by arts area, of students actually served during the school year.

2. Official enrollment reports shall be submitted annually on appropriate State Department of Education forms.

3. Districts will submit a local gifted and talented program plan every three years and delineate progress on these plans annually. The State Department of Education will review the plans annually and provide written feedback to the districts. The State Department of Education will provide a format and template for the plans.

F. Funding

Distribution of Funds: School districts will be authorized to expend allocated funds on students meeting eligibility criteria and being served in approved programs. Programs initiated prior to June 30 will be funded from that fiscal year's allocation.

G. Expenditures and Accounting Procedures

1. State funds provided for gifted and talented programs must impact directly on students served in accordance with provisions of the State Board of Education Regulations. Accounting procedures shall conform to those outlined in the Financial Accounting Handbook issued by the State Department of Education. The entire allocation must be used directly for gifted and talented related expenditures.

2. A supplemental schedule shall be required in the school district's annual audit under the single audit concept.

43-225. School-to-Work Transition Act Regulations

A. Quality Schooling. By 1995-96, each school district board of trustees shall ensure quality schooling by providing:

(1) A rigorous, relevant, academic curriculum. Each school district shall examine the learning and teaching standards outlined in curriculum frameworks as adopted by the South Carolina State Board of Education.

(a) Course offerings in grades nine through twelve (9-12) for College Prep and/or Tech Prep shall include, but not be limited to, the following:

1) English: English I, English II, CP English III, IV, Communication for the Workplace III, IV

2) Mathematics: Algebra I, Algebra II, Geometry, Mathematics for the Technologies I, II, Pre-Calculus, Calculus

3) Science: Physical Science, Biology, Applied Biology, Chemistry, Physics, Physics for the Technologies

4) Social Studies: U.S. History, U.S. Government/Economics, World Geography, World History

5) Physical Education

6) Occupational Programs

7) Foreign Language

8) Visual/Performing Arts/Band

9) Keyboarding

10) Driver's Education

11) Advanced Placement Courses

(b) Schools may alternate Biology, Chemistry, and Physics when the membership does not justify offering all courses concurrently.

(c) Instruction shall be provided in the skills and competencies identified in the SCANS (United States Secretary of Labor's Commission on Achieving Necessary Skills) report and in the employers' survey report of the South Carolina Chamber of Commerce's Business Center for Excellence in Education such as basic skills, resource skills, information skills, systems skills, and technology skills.

(d) Instruction in statistics, logic, measurement, and probability shall be included in the mathematics curriculum. This instruction shall be included in science and occupational curricula where appropriate. A separate course in probability and statistics can be offered in addition to the infusion of statistics, logic, measurement, and probability in the mathematics curriculum.

(e) Each student shall demonstrate proficiency in keyboarding and computer literacy before graduating from high school.

(f) Consistent and continuous structured opportunities shall be provided for academic and occupational teachers to work together to plan integrated instruction for students.

(g) Each school district shall ensure that occupational and academic teachers participate in relevant, sustained staff development.

(h) Each school shall provide the following complement of applied academic courses:

1) Communication for the Workplace III and IV

2) Mathematics for the Technologies I and II

3) Applied Biology

4) Physics for the Technologies

(i) Schools may alternate Applied Biology and Physics for the Technologies when the membership does not justify offering all courses concurrently.

(j) School districts shall certify and ensure that the applied academic courses offered are equivalent to pre-college (College Prep) courses in rigor, content, and standards.

(k) School districts shall ensure that each teacher teaching an applied academic course has completed appropriate training in applied methodology before teaching the applied academic course. Each teacher shall be certified in the appropriate academic field to teach the applied academic course.

(l) Each school district shall provide for accelerated learning for students who are behind their age peers by developing and implementing strategies and action plans [contained in Act 135] to address the needs of these students; these activities shall be incorporated in the annual updates to the school renewal plans.

(m) Each school district shall provide professional development activities to train teachers in identifying, assessing, and accommodating different learning styles; these activities shall be incorporated in the annual updates to the school renewal plans.

(n) Each school district shall develop plans during the 1995-96 school year to eliminate the general track; this regulation shall be fully implemented for students first enrolling in high school on or after the 1996-97 school year.

(2) Changes in the vocational (occupational) education programs which are essential to expand content, relevancy, and rigor in preparation for lifelong learning and living in a technological society.

(a) Occupational education programs shall be restructured into career majors which address the emerging technologies and future employment opportunities in business and industry; career majors shall consist of occupational programs and core academic courses necessary to succeed in a chosen field of study.

(b) High expectations shall be established for all students.

(c) Provisions shall be made for all students to be actively engaged in the learning process.

(d) Instruction in communications, mathematics, and science shall be integrated in all career majors.

(e) Technology shall be incorporated in all career majors.

(f) A comprehensive needs assessment shall be conducted every five years to ensure relevancy of programs and preparation for lifelong learning; the first needs assessment shall be conducted by July 1, 1999, and by July 1 of each fifth year thereafter.

(g) Occupational programs shall be implemented, revised, or deleted based on results of the comprehensive needs assessment.

(h) Occupational programs shall be competency based.

B. Career Exploration and Counseling. By 1996-97, school district boards of trustees shall develop and implement a comprehensive system of career exploration and counseling that includes the following:

(1) Career Development, Guidance, and Counseling Activities

(a) Sequential curriculum activities shall relate directly to life career planning, decision making, and integration of career concepts and options (career awareness/career exploration/career preparation); curriculum activities, educational opportunities, career information resources, and career development programs shall be developmentally appropriate in kindergarten through grade twelve subject areas.

(b) School districts shall seek active participation of school personnel, parents, community, and business/industry in the career development of students; appropriate information shall be disseminated to these groups seeking their input, involvement, and expertise.

(c) School districts shall emphasize and promote participation of all students in career development activities regardless of race, color, national origin, sex, or disability.

(2) Comprehensive Career Guidance Plans

(a) Beginning in grade six, students and their parents and/or legal guardians in collaboration with appropriate school personnel shall prepare plans (major plan and alternate plan) for various career paths, ensuring that students are exposed to and familiar with career options.

(b) Beginning in grade eight, students and their parents and/or legal guardians in collaboration with appropriate school personnel shall continue revising a comprehensive career guidance plan including a postsecondary option, with the flexibility to move between the Tech Prep and College Prep career paths up to the senior year of high school.

(3) Professional Development. Professional development opportunities shall be provided for school counselors to expand their skills for integrating and implementing career guidance and planning into their comprehensive school counseling program.

C. Work Exploration and Experience. By the school year 1996-97, each school district board of trustees shall:

(1) Implement work-based programs in compliance with applicable labor laws;

(2) Offer a range of mentoring opportunities for students beginning no later than the seventh grade;

(3) Require students participating in any of the work-based programs to have the written permission of their parents or legal guardians in order to engage in such experiences;

(4) Provide adult supervision for mentoring opportunities; and

(5) Include some or all of the following as defined in Section 3 of the School-to-Work Transition Act of 1994 outlined below:

(a) Traditional mentoring experiences that seek to build a long-lasting relationship during which the mentor and protege work on the protege's personal development and interpersonal skills. The relationship generally lasts a year, with the mentor maintaining occasional contact with the protege for an additional one to two years.

(b) Shadowing experiences (short term) that introduce a student to a particular job by pairing the student with a worker. The protege follows or "shadows" the worker for a specified time to better understand the requirements of a particular career.

(c) Service-learning experiences that provide one or more students at a work-site or community agency with the opportunity to work on a service project. Under close adult supervision, students develop work skills, life skills, and learn how to behave in work situations.

(d) School-based enterprises that provide opportunities for students to explore and experience basic business and entrepreneurial practices through business-related school activities, including starting a small business.

(e) Internships and cooperative education learning experiences that provide a one-on-one relationship and "hands on" learning in an area of student interest. A contract shall be developed that outlines the expectations and responsibilities of both parties. The protege works regularly after school for three or four hours a week in exchange for the mentor's time in teaching and demonstrating. The internship generally lasts from three to six months.

D. Structured Work-Based Learning. By the school year 1996-97, each school district board of trustees shall develop structured work-based learning opportunities that include the following:

(1) Basic Program Components

(a) Work-based learning which is a planned program of job training or experiences, paid or non-paid work experience, workplace mentoring, and work-site instruction in workplace competencies and in a broad variety of elements of a business or career field;

(b) School-based learning which provides career exploration and counseling, instruction in a career major; a program of study that is based on high academic and skill standards and is linked to postsecondary education; and periodic assessments to identify students' academic strengths and weaknesses;

(c) Connecting activities which coordinate involvement of employers, schools, and students; matching students with school-based and work-based learning opportunities; and training teachers, mentors, and counselors; and

(d) Awarding credentials for successful completion of a school-to-work program that results in a high school diploma and an occupational skill certificate.

(2) Youth Apprenticeship Model

(a) Offering opportunities for students beginning in the eleventh grade a course of study which integrates academic curricula, work-site learning, and work experience leading to high school graduation with postsecondary options and preparation for the world of work;

(b) Requiring students participating in the work-based component to be at least 16 years of age and in the eleventh grade;

(c) Requiring a signed agreement by school, employer, parents or legal guardians, and student stipulating that the employer will provide work-based competencies that integrate with school-based competencies;

(d) Requiring written permission of parents or legal guardians for students who perform work at a nonschool location pursuant to an apprenticeship or mentoring program under the provisions of this act to engage in such work experiences;

(e) Providing a list of academic, occupational and worksite skills to be offered;

(f) Integrating school-based and work-based competencies with connecting activities;

(g) Awarding of credentials based on both academic and occupational skills;

(h) Developing articulation agreement(s) with related postsecondary programs;

(i) Coordinating the development of broad-based school-to-work partnerships; and

(j) Requiring documentation that students are appropriately covered regarding workers' compensation, insurance and liability, or other issues related to the school-to-work system.

E. Professional Development. Each school district board of trustees shall ensure participation in professional development in the following areas:

(1) Applied techniques;

(2) Integration of curriculum;

(3) Career guidance for teachers and guidance counselors; and

(4) Training for mentors.

F. Accountability. Each school district board of trustees shall:

(1) Report progress made to implement the School-to-Work Transition Act of 1994 in the annual updates to the school renewal plans beginning 1995-96;

(2) Report all high school Tech Prep completers to the South Carolina Department of Education on an annual basis so that a graduation database can be established to conduct a five-year survey to obtain such information as rate of hire, starting wages or salaries, wages or salary rates five years after graduation, and additional education pursued;

(3) Conduct an annual survey of Tech Prep graduates ten (10) months after graduation to determine placement status related to employment, higher education, and military to be submitted to the State Department of Education;

(4) Establish a local school-to-work advisory committee to address unique employment needs of the area pursuant to Section 9(C) of the South Carolina School-to-Work Transition Act of 1994; and

(5) Assess the rigor and relevancy of the school-to-work system with a program quality review (at least once every three years) to be conducted by the school district's school-to-work advisory committee and to be reported in the school district's strategic plan.

G. Waiver. Upon request of a district board of trustees or its designee, the State Board of Education may waive any regulation which would impede the implementation of the statutory or regulatory requirements of the School-to-Work Transition Act of 1994 (1994 Act #450).

43-230. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-231. Defined Program K-5.

Each school district board of trustees shall ensure quality schooling having a rigorous, relevant curriculum for all students.

Each school district shall examine the academic achievement standards adopted by the South Carolina State Board of Education. Elementary, middle, and high school faculty and staff shall work together to ensure that students are prepared to achieve these standards.

I. Basic Program/Curriculum, Kindergarten

The curriculum for children PreK-K shall consist of experiences and activities which will enhance their physical, emotional, social, and intellectual growth and development and help each child attain, at his own rate of speed, the educational goals set for the primary school.

II. Basic Program/Curriculum, Grades 1-5

Instruction in the subject areas shall be scheduled for each student for a minimum of 1800 minutes or 30 hours per week including lunch, or the equivalent time on a yearly basis. The subjects shall include, but not be limited to:

A. Subject Areas

English/Language Arts [FN1]

Mathematics

Science [FN2]

Social Studies [FN2]

Health and Safety [FN3]

Physical Education [FN4]

Visual & Performing Arts [FN5]

Foreign Language [FN6]

Schools must determine the amount of instructional time in a subject area as approved by the local board of trustees and the State Superintendent of Education. The school day must be at least six hours including lunch, or its equivalent weekly.

[FN 1] English/Language Arts shall include reading, writing, listening and speaking.

[FN 2] Environmental Education is required as an integral part of science, social studies, and health.

[FN 3] Health and Safety shall include components as outlined in the Comprehensive Health Education Act

[FN 4] Students who are physically or mentally unable to take the physical education course provided for the regular student shall take a suitably modified course in physical education. (Section 59-29-80, S.C. Code of Laws, 1976, as amended.)

[FN 5] Visual and Performing Arts shall include, but not be limited to, music and art.

[FN 6] Foreign Language as a separate course is recommended but not required. If a separate course is not offered, foreign languages should be incorporated in the basic curriculum.

B. Alcohol and Drugs

Through special instruction, schools shall provide age-appropriate instruction regarding the dangers in the use and abuse of alcohol, tobacco, and other drugs. Instruction shall emphasize problems related to their use and effects upon the total community. Instruction shall be offered in all schools of the State and shall be studied and presented as thoroughly and in the same manner as all other required subjects in grades K-5.

C. Guidance Program

A comprehensive guidance program including career awareness, is required in schools having any combination of grades K-5.

D. Library/Media Program

Library media programs and technology resources are required and accessible to all students and staff and are appropriate to achieve the strategies and goals in each school renewal or district strategic plan.

III. Innovative Approaches

A school encompassing any combination of grades K-5 may implement an innovative approach if it is approved by the local board of trustees and is incorporated in the school and district plans.

IV. Class Size, Grades K-5

A. The average pupil-teacher ratio in any school shall not exceed 28 to 1 based on average daily membership. The total number of teachers shall include all regular, special area, and resource teachers whose pupils are counted in the regular membership.

B. Each district shall attain an average pupil-teacher ratio based on average daily membership in the basic skills of reading and mathematics in Grades 1-3 as 21 to 1.

C. Teacher aides may be counted in computing the ratio at the rate of .5 per aide if they work under the supervision of a teacher and make up no more than 10 percent of the total staff. Excluded from the computation are the following:

1. Teachers of self-contained special education classes and kindergarten, principals, assistant principals, library/media specialists, and guidance counselors.

2. Pupils in self-contained special education classes and kindergarten.

Maximum class size shall not exceed the following:

a. Grades K-3 30:1

b. Grades 4-5 30:1 (English/language arts and mathematics)

35:1 (other subjects)

40:1 (physical education and music [FN*])

[FN*] Exception: When band, chorus, and orchestra require rehearsals of the

entire membership, any number is acceptable if adequate space is available.

V. Additional Regulatory Requirements

Additional regulatory requirements related to the basic program include, but are not limited to, the following:

Gifted and Talented Regulation (43-220)

School-to-Work Regulation (43-225)

Health Education Requirement Regulation (43-238)

Summer Programs Regulation (43-240)

Special Education Regulations [FN*] (43-243 to 43-243.6)

Early Childhood Assistance Programs-Grade K-3 (43-267)

Academic Assistance Regulations-Grades 4-12 (43-268)

VI. Student Records

1. Each school shall have an appropriate means of reporting academic achievement to parents.

2. The district shall maintain accurate student data according to the pupil accounting system prescribed by the State Department of Education. A record of all dropouts shall be filed by school, grade, race and sex. The superintendent shall verify the accuracy of the enrollment attendance, membership by category, and dropout reports submitted to the Office of Finance, State Department of Education.

[FN*] A teacher of children with disabilities in the resource or itinerant model shall be certified or have a permit in the area of handicapping condition in which the majority are classified, or be certified in one area of handicapping condition in which the teacher is teaching and successfully complete six semester hours annually toward certification in the area in which the majority of students are classified. Pupils participating in self-contained programs shall be of the same category of disability. The teacher must be certified or hold an out-of-field permit in the area of handicapping condition of the pupils served.

VII. Emergency Closings

Full days missed because of weather or other circumstances must be made up. Early dismissal days shall be reported to the Director, Office of Organizational Development.

43-231.1. Repealed by State Register Volume 21, Issue 3, eff March 28, 1997.

43-232. Defined Program 6-8.

Each school district board of trustees shall ensure quality schooling by providing a rigorous, relevant curriculum for all students.

Each school district shall examine the academic achievement standards adopted by the South Carolina State Board of Education. Elementary, middle, and high school faculty and staff shall work together to ensure that students are prepared to achieve these standards.

I. Basic Program/Curriculum for Grades 6-8

Instruction in the subject areas shall be scheduled for each student for a minimum of 1800 minutes or 30 hours per week including lunch, or the equivalent time on a yearly basis. The subjects shall include, but not be limited to:

A. Subject Areas

English/Language Arts [FN1]

Mathematics

Sciences [FN#]

Social Studies [FN#] [FN2]

Health [FN#] [FN3]

Physical Education [FN4]

Visual/Performing Arts [FN5]

Exploratory Programs [FN6]

Foreign Language [FN7]

Schools must determine the amount of instructional time in a subject area as approved by the local board of trustees and the State Superintendent of Education. The school day must be at least six hours including lunch, or its equivalent weekly.

A school which includes any combination of grades 5-8 when housed with grades 7 or 8 may elect for all of the combination of grades 5-8 to meet, on a subject by subject basis, the minimum instructional times or the minimum curriculum requirements for either grades 4-5 or grades 6-8, unless otherwise prohibited by law.

[FN1] English/Language Arts shall include reading, writing, listening and speaking.

[FN#] Environmental Education is required as an integral part of science, social studies and health.

[FN2] Eighth grade social studies must include South Carolina history as it relates to the United States.

[FN3] Health shall include components as outlined in the Comprehensive Health Education Act.

[FN4] Students who are physically or mentally unable to take the physical education course provided for the regular student shall take a suitably modified course in physical education. (Section 59-29-80, S.C. Code of Laws, 1976, as amended.)

[FN5] Visual/Performing Arts shall include, but not be limited to, music and art.

[FN6] At least one elective of an occupational exploratory must be scheduled. Programs in areas such as, but not limited to, industrial technology education (grades 7-8), keyboarding, computer literacy, and career exploration may be included.

[FN7] Foreign Language as a separate course is recommended but not required. If a separate course is not offered, foreign languages should be incorporated in the basic curriculum.

B. High School Credit

When approved by the principal and the parents, a student promoted to the seventh or eighth grade may take units of ninth grade or higher work for high school credit.

C. Alcohol and Drugs

Through special instruction, schools shall provide age-appropriate instruction regarding the dangers in the use and abuse of alcohol, tobacco, and other drugs. Instruction shall emphasize problems related to their use and effects upon the total community. Instruction shall be offered in all schools of the State and shall be studied and presented as thoroughly and in the same manner as all other required subjects in grades 6 through 8.

D. Guidance Program/School-to-Work Initiative

1. A comprehensive guidance program, including career development, is required in schools having any combination of grades 6-8.

2. Each school district shall offer a range of mentoring opportunities for students beginning no later than the seventh grade. Students participating in any of the work-based programs shall have the written permission of their parents or legal guardians in order to engage in such experiences. Adult supervision shall be provided for mentoring opportunities.

3. Curriculum activities consisting of educational opportunities, career information resources and career development programs shall be included in subject areas for Grades 6-8.

4. Beginning in Grade 6, students and their parents and/or legal guardians in collaboration with appropriate school personnel shall prepare a plan for a variety of career options in which the student has an interest.

5. In Grade 7, students and their parents and/or legal guardians in collaboration with appropriate school personnel shall revise career planning records in which the student has an interest.

6. In Grade 8, students and their parents and/or legal guardians in collaboration with appropriate school personnel shall review and revise the career planning record. The record shall include a high school course of study based on a major plan and an alternate plan for career options in which the student has an interest and the postsecondary programs of study related to achieving a career goal.

E. Library/Media Program

Library media programs and technology resources are required and accessible to all students and staff and are appropriate to achieve the strategies and goals in each school renewal or district strategic plan.

II. Innovative Approaches

A school encompassing any combination of grades 6-8 may implement an innovative approach if it is approved by the local board of trustees and is incorporated in the school and district plans.

III. Class Size, Grades 6-8:

A. The maximum teacher load shall not exceed 150 students daily. Maximum class size shall not exceed the following:

Grade 6 30:1 (English/language arts and math)

35:1 (other subjects)

Grades 7-8 35:1 (all academic and exploratory subjects)

No class shall exceed 35 students in membership.

B. Exceptions:

1. A maximum of 40 students per period with a total teaching load of 240 students daily is permitted for physical education teachers. If physical education and health are taught on alternate days to the same class, the 40 student maximum and 240 student total is also permitted for health. When health is taught as a separate subject, the teaching load is a maximum of 35 students per period and a total of 150 students per day.

2. Music teachers may teach a maximum of 240 pupils daily. No class shall exceed 40 students in membership. Exception: When band, chorus, and orchestra require rehearsals of the entire membership, any number is acceptable if adequate space is available.

3. When a teacher's daily schedule includes a combination of subjects, the maximum daily teaching load shall be calculated on the basis of 30 students per academic class and 40 students for each music or physical education class. (Example: 3 classes of math of 30 each = 90 +" 2 classes of P.E. of 40 each = 80. Teacher is not overloaded but teaches maximum allowable.)

Maximum teacher load requirements and individual class size limits are the same for mini courses as any other classes.

IV. Additional Regulatory Requirements

Additional regulatory requirements related to the basic program include, but are not limited to, the following:

Gifted and Talented Regulation (43-220)

School-to-Work Regulation (43-225)

Health Education Requirement (43-238)

Summer Programs Regulation (43-240)

Special Education Regulations [FN*] (43-243 to 243.6)

Academic Assistance Regulations--Grades 4-12 (43-268)

V. Student Records

1. Each school shall have an appropriate means of reporting academic achievement to parents.

2. The district shall maintain accurate student data according to the pupil accounting system prescribed by the State Department of Education. A record of all dropouts shall be filed by school, grade, race and sex. The superintendent shall verify the accuracy of the enrollment attendance, membership by category, and dropout reports submitted to the Office of Finance, State Department of Education.

VI. Emergency Closings

Full days missed because of weather or other circumstances must be made up. Early dismissal days shall be reported to the Director, Office of Organizational Development.

[FN*] A teacher of children with disabilities in the resource or itinerant model shall be certified or have a permit in the area of handicapping condition in which the majority are classified, or be certified in one area of handicapping condition in which the teacher is teaching and successfully complete six semester hours annually toward certification in the area in which the majority of students are classified. Pupils participating in self-contained programs shall be of the same category of disability. The teacher must be certified or hold an out-of-field permit in the area of handicapping condition of the pupils served.

43-232.1. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-233. South Carolina Four-Year State Plan for Career and Technology Education, Fiscal Years 2001-2004.

(Statutory Authority: S.C. Code Ann. Sections 59-5-60(1) et 59-53-1810 (1990); United States Code Sections 20 USCS 11-14, et seq.)

NOTE:

The Carl D. Perkins Vocational-Technical Education Act of 1998, Pub. L. No. 105-332, requires each state, in order to be eligible to receive federal funds, to operate in accordance with a four-year state plan approved by the United States Secretary of Education.

The state plan contains the vision and planned activities to improve and expand vocational and technical education at both the secondary and postsecondary levels for the next four years, July 1, 2000 to June 30, 2004. The state plan addresses program administration, accountability, special populations, tech prep and finance.

Instructions: The South Carolina Four-Year State Plan for Career and Technology Education, Fiscal Years 2001-2004, will not be contained in the Code of Laws of South Carolina, 1976. The plan is available for public inspection at the South Carolina Department of Education, Office of Career and Technology Education.

43-234. Defined Program, Grades 9-12.

Each school district board of trustees will ensure quality schooling by providing a rigorous, relevant curriculum for all students.

Each school district must use the academic achievement standards adopted by the State Board of Education to push schools and students toward high performance by aligning the state assessments to those standards and linking policies and criteria for performance standards, accreditation, reporting, school rewards, and targeted assistance.

The curriculum may include noncredit academic assistance designed to accelerate the learning of students who test below grade level.

I. Curriculum, Grades 9-12:

The College Prep curriculum consists of courses required for entrance into South Carolina's public colleges and universities.

The Tech Prep curriculum consists of courses required for entrance into post-secondary education and the completion of a career major.

A. Required and Recommended Courses

1. South Carolina high schools must offer specific courses in the subject areas listed below. Courses designated with an asterisk are those that the State Board of Education recommends but does not require schools to offer.

English/language arts:

English 1, 2, 3, 4

Communication for the Workplace 3, 4

Mathematics:

Algebra 1, Mathematics for the Technologies 1, 2, 3

Algebra 2, Geometry

Pre-Calculus, Calculus or AP Calculus

Discrete Mathematics*, Probability and Statistics

Science:

Physical Science

Earth Science

Biology 1, Biology 2*, Applied Biology 1, 2*

Chemistry 1, Chemistry 2*, Chemistry for the Technologies

Physics, Physics for the Technologies 1, 2*

Social Studies:

U.S. History and the Constitution

U.S. Government

Economics

Global Studies--World History, Global Studies--World Geography

2. Schools must also offer courses in each of the following subject areas:

computer science (including keyboarding)

driver education

foreign language(s)

health education

PE (or Junior ROTC)

visual and performing arts (including band, chorus, instrumental music, dance, and drama)

3. Advanced Placement courses must be offered.

4. Career and technology education courses must be offered.

5. Beginning with the 2005-06 school year, every student must take one unit of physical science by the end of the tenth grade prior to taking the exit examination.

6. The required PE course shall occur over two semesters. For one semester, a personal fitness and wellness component must be taught, and for one semester a lifetime fitness component must be taught either over the semester or in two nine-week divisions.

7. At least one time during the four years of grades nine through twelve, each student must receive a program of instruction in comprehensive health education that includes the following subjects:

community health

consumer health

environmental health

growth and development

nutritional health

personal health

prevention and control of diseases and disorders

safety and accident prevention

substance use and abuse

dental health

mental and emotional health

reproductive health

pregnancy prevention

sexually transmitted diseases**

family life (option in grades 9-12)

**Instruction in sexually transmitted diseases (STDs), including AIDS education, must be provided within the reproductive health, family life, or pregnancy prevention education components for a minimum of 15 hours or must be presented as a separate component S.C. Code Ann. Section 59-32-30(E)(1990). Students may be exempted from this instruction with written parental permission.

8. All high schools must include Environmental Studies as a part of the instructional program.

B. Alcohol and Drugs

Schools must provide age-appropriate instruction regarding the dangers in the use and abuse of alcohol, tobacco, and other drugs. Instruction must emphasize the negative effects that the use of such substances can have on the total community. Instruction must be offered in all schools of the State and must be presented thoroughly and in the same manner as all other required subjects in grades nine through twelve.

C. Guidance Program

1. A comprehensive guidance program, including career development, is required in schools encompassing any combination of grades nine through twelve.

2. Each school district must offer a range of mentoring opportunities for students. In order to participate in any of the work-based programs, students must have the written permission of their parents or legal guardians in order to engage in such experiences. Adult supervision must be provided for mentoring experiences.

3. Every student and his or her parents, or legal guardian, in collaboration with appropriate school personnel, must review and revise the student's career planning record on a yearly basis. The record is to include an appropriate program of high school study based on a major plan and an alternate plan for career options for the student to achieve his or her individual career goals.

D. Library/Media Program

Library/media programs and technology resources must be available and accessible to all students and staff and must be appropriate for the accomplishment of the strategies and goals in each school renewal or district strategic plan.

E. Innovative Approaches

1. A school encompassing any combination of grades nine through twelve may implement an innovative approach if it is approved by the local board of trustees and is incorporated in the school and district plans. To award core unit credit for a course that is an alternative to those on the list of approved courses, the school must ensure that the course is aligned with state curriculum standards and is approved by the local board of trustees and the State Superintendent of Education. A school must reapply for approval of the innovative approach if there is substantial change in the content of a core course. If state or federal career and technology funds are to be used for an innovative course or program, an application must be completed by the district and submitted in writing to the Office of Career and Technology Education for approval.

2. The list of state-approved courses with instructional activity codes will be available from the Office of School Quality at the State Department of Education. The list of approved courses will also be updated on the State Department of Education's Web site.

F. Provisions for Granting High School Credit

1. Accredited secondary schools may award and accept credit in terms of one-fourth, one-half, or one unit.

2. One unit of credit is granted for the satisfactory completion of an approved course in which a student attends at least 120 hours of instruction, one-half unit is granted for 60 hours, and one-fourth unit is granted for 30 hours.

3. Credit for distance learning courses may be allowed when approved specifically by the local superintendent or his or her designee.

4. High school credit earned in an approved adult education program may be used to meet regular high school graduation requirements if (a) a minimum of 120 hours of attendance has been completed for each unit being transferred and (b) the teacher providing the instruction is properly certified and highly qualified to teach the course. After June 30, 2006, out-of-field permits may no longer be issued to teachers who teach core academic subjects as specified by the No Child Left Behind Act of 2001, 20 U.S.C. Section 6301 et seq. (2001). The core academic subjects are English, reading or language arts, mathematics, science, foreign languages, civics, government, economics, history, geography, and the arts. Approval for exceptions to this standard must be requested in writing by the high school principal and must be granted by the director of the Office of School Quality.

5. Credit will be accepted when official transcripts are received from schools that are accredited by a state or by the New England Association of Colleges and Schools, the Middle States Association of Colleges and Schools, the Southern Association of Colleges and Schools, the North Central Association of Colleges and Schools, the Western Association of Colleges and Schools or the Northwest Association of Colleges and Schools. If a student transfers from a school that is not accredited, he or she shall be given tests to evaluate prior academic work and/or be given a tentative assignment in classes for a probationary period.

G. Dual Credit

College courses credit may be earned by students in grades nine through twelve and applied to the 24 units required for a state high school diploma. The acceptance of credits for college course work is subject to the following conditions:

1. Local school boards may allow students to take college courses for Carnegie units of credit. Courses may be offered through distance learning and cooperative agreements with institutions of higher education.

2. A three-semester-hour college course shall transfer as one-half Carnegie unit.

3. Tuition and other college course fees are the expense of the individual student or his or her parent(s) or legal guardian unless otherwise specified in local school district policy.

4. Students enrolled in a South Carolina public school for Carnegie credit may take only courses that are applicable to baccalaureate degrees or to associate degrees in arts or in science offered by institutions accredited by the New England Association of Colleges and Schools, Middle States Association of Colleges and Schools. Southern Association of Colleges and Schools, North Central Association of Colleges and Schools, Western Association of Colleges and Schools, or Northwest Association of Colleges and Schools.

H. Correspondence Courses Credit

Credit may be awarded for a correspondence course only upon the approval of the local superintendent or his or her designee.

I. Length of School Day

1. The instructional day for secondary students must be at least 6 hours, excluding lunch, or its equivalent weekly.

2. The minimum length of a class period must be 50 minutes, excluding change of class time. Each instructional week must equate to 1,675 minutes.

3. A maximum of 25 minutes will be allowed for changing classes as part of the 6-hour instructional day. If the changing of classes requires more than 25 minutes, the additional time will be added to the 6-hour instructional day.

4. Homeroom will not count as part of the instructional day. When no homeroom period is utilized, the administrative time used to determine attendance, make announcements, or complete other tasks normally accomplished during homeroom period will not be considered as part of the instructional day.

5. Schools may exercise options and vary the minimum number of minutes in the instructional week, provided that such variation is approved by the local board of trustees and the State Superintendent of Education. Time requirements for students who are receiving supplemental instruction (e.g., Title I, Academic Assistance, Gifted and Talented) may be modified. Time requirements for students with disabilities may be modified as determined and documented by the student's individualized education program (IEP) team.

II. Class Size, Grades 9-12

A. The maximum teacher load must not exceed 150 students daily. Maximum class size must not exceed 35 students.

B. In certain circumstances, the above-stated maximums do not apply.

1. A maximum of 40 students per period with a total teaching load of 240 students daily is permitted for PE teachers. If PE and health are taught on alternate days to the same class, the 40-student maximum and 240 student totals are also permitted for health. When health is taught as a separate subject, the teaching load is a maximum of 35 students per period and a total of 150 students per day.

2. Music teachers may teach a maximum of 240 pupils daily. No class may exceed 40 students in membership. However, when band, chorus, or orchestra require rehearsals of the entire membership, any number of students is acceptable if adequate space is available.

3. When a teacher's daily schedule includes a combination of subjects, the maximum daily teaching load will be calculated on the basis of 30 students per academic class and 40 students for each music or PE class. (Example, 3 classes of math of 30 each = 90 +" 2 classes of PE of 40 each = 80. In this example, the teacher is not overloaded but teaches maximum allowable.)

Maximum teacher load requirements and individual class size limits are the same for mini-courses as any other classes.

III. Graduation Requirements

A. Curriculum Requirements for a South Carolina High School Diploma

1. The student must earn a total of 24 units of credit in state-approved courses. The unit requirements are distributed as follows:

Unit Requirements

English/language arts 4.0

mathematics 4.0

science 3.0

U.S. History and Constitution 1.0

economics 0.5

U.S. Government 0.5

other social studies 1.0

PE or Junior ROTC 1.0

computer science (including keyboarding) 1.0

foreign language or career and technology education 1.0

Electives 7.0

24.0 Total

2. The student must demonstrate computer literacy. For all business and marketing computer courses, Keyboarding for one-half credit or the equivalent keyboarding skill based on the Keyboarding course competencies is a prerequisite.

3. The student in a College Prep program must earn one unit in a foreign language (most four-year colleges/universities require at least two units of the same foreign language). The student in a Tech Prep program must earn one unit in career and technology education course work.

4. The student must complete a study and pass a final examination on the provisions and principles of the United States Constitution, the Declaration of Independence, the Federalist papers, and American institutions and ideals. This instruction shall be given for a period of at least one year or its equivalent, either within the required U.S. History course and/or within another course using a suitable text recommended by the State Superintendent of Education and approved by the State Board of Education.

5. The student must attend the high school issuing the diploma for at least the semester immediately preceding graduation except in case of a bona fide change of residence to a location in which the sending school will not grant the diploma. Units earned in a summer school program do not satisfy this requirement.

6. The student must pass the South Carolina high school exit exam in addition to passing the required courses. (For specific regulations regarding the exit examination, see Regulation 43-262, "Assessment Program.")

B. Special Education Minimum Curriculum Completion Requirements

1. A state high school diploma or a certificate designed and issued by the school district shall be awarded students who complete a program of prescribed special education. If a determination is made that a student with a disability shall pursue credits toward a state high school diploma, the following two alternatives apply:

Alternative 1. Credits toward a state high school diploma may be awarded only by persons certified or who hold an out-of-field-permit (permits will not be issued in special education after June 30, 2006) in the subject in which credit is earned. A student with a disability receiving such credits shall do so only after successfully attaining similar course objectives prescribed for students without disabilities and in accordance with cooperative instructional arrangements between regular education and special education as set forth in the student's IEP.

Alternative 2. Students properly in membership in programs for students with disabilities may receive a state high school diploma provided they earn a total of at least 24 units, 17 of which are the same required of students without disabilities. Seven of the 24 units may be earned in special education courses. When an elective course credit is to be issued for a student in any category of disability, the competencies and criteria for successful completion must be specified in the IEP.

A teacher of students with disabilities in the resource or itinerant model must be certified or have a permit (permits will not be issued in special education after June 30, 2006) in the area of disability in which the majority of his or her students are classified, or such a teacher must be certified in one area of disability in which he or she is teaching and must successfully complete 6 semester hours annually toward certification in the area in which the majority of his or her students are classified.

Pupils participating in self-contained programs must be of the same category of disability except when the IEP team determines, on an individual basis, that a student may be more appropriately served in another placement. Students classified as having a mental disability (mild, moderate, or severe) may not be commingled without an innovative approach. Approval for an innovative approach must be sought from the Office of School Quality. The teacher must be certified or hold an out-of-field permit (permits will not be issued in special education after June 30, 2006) in the area of disability of the majority of the pupils served.

IV. Report of Follow-Up Study of Graduates

On or before May 1, each high school that issues a state high school diploma must submit the following data on the previous year's graduates to the State Superintendent of Education on prescribed forms:

1. the number of high school graduates who entered the freshman class of an institution of higher learning for whom a first semester report was received,

2. a breakdown of courses passed,

3. a breakdown of courses failed, and

4. the number and job titles of employed graduates

High schools must request scholastic data of previous graduates who attend out-of-state institutions of higher learning.

V. Report of Follow-Up on Career and Technology Education Completers

Ten months after graduation, districts must survey all high school graduates identified as career and technology completers to determine their placement status with regard to employment, postsecondary education, and military service. Districts must submit the results annually to the South Carolina Department of Education for federal and state accountability requirements. A Career and Technology Education completer is a student with an assigned Classification of Instructional Programs (CIP) code who has earned at least four Carnegie units in career and technology education course work leading to a career goal.

VI. Additional State Board of Education Regulatory Requirements

Additional regulatory requirements related to the basic program include, but are not limited to, the following:

Gifted and Talented Regulation (43-220)

School-to-Work Regulation (43-225)

Health Education Requirement Regulation (43-238)

Summer Programs Regulation (43-240)

Driver Training Regulation (43-242)

Special Education Regulation * (43-243, 43-243.1, and 43-243.4)

Advanced Placement Regulation (43-258.1)

Academic Assistance Programs (43-268)

Career or Technology Center/Comprehensive High Schools (43-236)

VII. Student Records

1. Each school must have an appropriate means of reporting academic achievement to parents.

2. Each school district must maintain accurate student data according to the pupil accounting system prescribed by the State Department of Education. A record of all dropouts must be filed by school, grade, race, and sex. The district superintendent must verify the accuracy of the enrollment attendance, membership by category, and dropout reports submitted to the Office of Finance, State Department of Education.

3. All schools should ensure that they comply with the Family Educational Rights and Privacy Act (FERPA) regarding student records (20 U.S.C. Section 1232(g)).

VIII. Emergency Closings

Full days missed because of weather or other circumstances must be made up. Early dismissal days must be reported to and approved by the director of the Office of School Quality.

43-235. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-235.1, 43-235.2. Repealed by State Register Volume 21, Issue No. 4, eff. April 25, 1997.

43-235.1, 43-235.2. Repealed by State Register Volume 21, Issue No. 4, eff. April 25, 1997.

43-236. Career or Technology Centers/Comprehensive High Schools.

Career or Technology Centers/Comprehensive High Schools

Career or technology centers and/or comprehensive high schools shall, based on local needs, offer a variety of courses that will constitute a career major. These career majors are contained in the clusters defined and communicated to school districts by the Office of Career and Technology Education in conjunction with federal and state funding for career and technology courses and programs.

School districts will offer in high schools and/or career or technology centers a full complement of courses within a minimum of two career clusters to enable students to complete at least four Carnegie units in an approved sequence of Career and Technology Education coursework leading to a career goal.

43-237. Repealed by State Register Volume 25, Issue 4, eff April 27, 2001.

43-237.1. Adult Education Program.

A. Adult Education Program

The program of adult education is provided for adults who want to acquire a basic education, to prepare for the tests of General Educational Development (GED), to develop literacy skills, to obtain the knowledge and skills necessary for employment and self-sufficiency, or to complete the requirements for a state high school diploma. Enrollment in the program of adult education for a state high school diploma shall be limited to adults who are residents in South Carolina.

B. Basic Education Program

The curriculum of an adult basic education program shall include organized and systematic instruction in reading, writing, and speaking the English language, numeracy, problem solving, English-language acquisition, and other literacy skills.

Each adult education program shall provide instruction at the various levels as defined in the National Reporting System for Adult Education (NRS).

Cooperation with other agencies and programs is needed in order for public education to provide for the adult population's variety of needs. A school district with the written approval of the Office of Adult and Community Education may contract with another school district in South Carolina for the operation of the adult program. Diploma programs must have written approval from the Office of Adult and Community Education.

C. Adult Education Facilities

(1) Buildings shall be adequate in size and arrangement.

(2) Buildings shall be kept clean and comfortable.

(3) Each room shall be designed and equipped to serve specific purposes. Adequate lighting, ventilation, and heating shall be provided in all utilized areas.

(4) All operating adult school facilities shall comply with the safety regulations prescribed by the State Fire Marshal and with the sanitation and health regulations prescribed by the State Board of Health.

D. Workplace Trainers

Every adult education contextual workplace basic skills trainer and every nonacademic workplace trainer must either hold at least a bachelor's degree or have a minimum of four years of documented experience as an industry trainer or possess formal certification in the specific content area to be taught and be certified as a workplace trainer through the State Department of Education, Office of Adult and Community Education.

E. Health Certificates

All personnel shall be screened for tuberculosis as required by (S.C. Code Ann. Sections 4429-150, 160 (1976). Guidelines for screening of school employees for tuberculosis are available in all county health departments.

F. In-Service Education

Each adult education director shall develop and implement an organized in-service education program for professional personnel. Staff members should be involved in the planning and evaluation of these activities, which should focus on the problems, needs, purposes, and goals of the adult education program. A copy of the in-service education plan shall be made available to the adult education supervisor upon request.

G. Length of School Term

Each approved adult education high school diploma program shall meet a minimum of thirty (30) weeks and shall include a minimum of sixty (60) hours of instruction for each unit of credit (exclusive of registration, exams, issuing materials, etc.).

H. Supervision of Instruction

Supervision and improvement of the adult education instructional program is the direct responsibility of the adult education director.

I. Allocations to School Districts

Funds shall be allocated to school districts on a per pupil basis as determined by the adult student enrollment as of June 30 each year.

1. General Program Support

Using actual allocations, school districts shall develop a budget that includes the following allowable expenses: directors' salaries, teacher salaries, instructional materials and supplies, "other costs," employee benefits, and indirect costs. These expenditures shall be approved by the Office of Adult and Community Education. Disbursements for teacher salaries, instructional materials, equipment and supplies, and other costs shall be paid at a rate determined by the local board of education.

2. Employee Benefits

Federal and state funds may be used for payment of employee benefits for those employees whose salaries are paid with federal and state funds.

J. Allocations to Other Entities

Allocations to other entities that are deemed eligible under the Workforce Investment Act will be made on the same formula basis as school districts.

K. Allocations to Technical Colleges and Other Eligible Agencies

Allocations to technical colleges offering adult education programs shall be based on the enrollment of students who have received at least twelve (12) hours of adult education instruction. The end-of-the-year report shall be used as the basis for determining the amount to be allocated.

L. Base Amount

After the costs of the State Office of Adult and Community Education operations, local directors' salaries, leadership funds, other agencies' funds, and entities' allocations are subtracted from the state and federal grants, the remainder shall be distributed through a formula that considers the number of participants and the number of hours of student attendance of adult education programs. This formula will produce the base amount per student.

M. Nonfundable Classes

No class or course for adults that is recreational or social shall be eligible for funding; therefore, enrollment in such classes shall not be counted for funding purposes, and no state or federal adult education funds may be used to support such classes. This standard applies to physical education and physical fitness classes. Only the classroom portion of driver education when the course is offered for high school credit shall be funded with state and federal adult education funds.

N. Enrollment Count

Adult students shall be counted for enrollment only once during a fiscal year in the same program. Only students who have been instructed a minimum of twelve (12) hours in adult education classes taught by certified adult education instructors or by volunteers shall be counted.

O. Advance Payment

Upon request, programs may receive 25 percent of their allocations as an advance. This advance will be recouped as claims are submitted. No advances will be made prior to the final approval of a proposal.

P. Quarterly Claims

The Program Enrollment Report (SDE-COL-02) and the Adult Education Expenditure Report forms shall be verified by the local adult education director, the district superintendent, and the Office of Adult and Community Education. These forms must be submitted quarterly to the Office of Adult and Community Education for reimbursement.

Q. Reallocation of Funds

Program reports are reviewed quarterly by the staff of the Office of Adult and Community Education to ascertain if expenditures are consistent with allocations. In February of each year the utilization of allocations are evaluated, and districts are requested to release any funds that will not be utilized. Released funds are then allocated to districts that have programs for which documentation is submitted to demonstrate the need for additional funds.

R. Local Funds

Local funds for the adult education program are expended at the discretion of the local school officials.

S. Project Proposals

Project proposals define the plans and methods by which the program will operate and include a needs assessment of the local community served by the program. No reimbursements are made prior to the final approval of a proposal.

T. Indirect Costs

If a school district chooses to claim indirect costs, the restricted cost rate is applicable to adult education federal funds.

U. Travel Reimbursement

When travel expenses are reimbursed through the Office of Adult and Community Education, the state employee travel regulation will apply.

V. Membership

The fees for memberships in professional organizations are disallowed as expenditures from state or federal adult education funds.

43-237.2. Repealed by State Register Volume 25, Issue 4, eff April 27, 2001.

43-238. Health Education Requirements.

The Comprehensive Health Education (CHE) Act of 1988 (59-32-5) requires that public school health instruction be planned, age-appropriate, and sequential. The CHE Act further requires that, at least one time during the four years of grades 9-12, each student shall receive a program of instruction in comprehensive health education to include the following subjects:

community health

consumer health

environmental health

growth and development

nutritional health

personal health

prevention and control of diseases and disorders

safety and accident prevention

substance use and abuse

dental health

mental and emotional health

reproductive health ) a minimum of 750 minutes of

pregnancy prevention ) instruction is required for

sexually transmitted diseases [FN*] ) these three together.

family life (option in grades 9-12)

[FN*] Instruction in sexually transmitted diseases (STDs) includes AIDS

education and must be taught within the reproductive health, family life, or

pregnancy prevention education components or it must be presented as a

separate component (59-32-30(E)).

A school program shall provide instruction in Comprehensive Health Education from one or more of the following:

1. Each student shall receive instruction in a comprehensive health education course for 36 weeks or a semester from the list of approved high school health courses.

2. Each student shall receive instruction in each of the comprehensive health subjects through a series of mini courses, e.g., three-week short courses selected or developed by the school or district.

3. A school or district shall select or develop modular units of instruction for each of the comprehensive health education subjects and integrate them into existing required courses.

4. If options 1, 2, or 3 are not selected, a school shall develop a written plan that demonstrates that all students shall receive instruction in the required comprehensive health subjects within existing courses before graduation. This plan must be submitted to the Division of Curriculum for written approval at least six weeks prior to implementation.

43-239. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-240. Summer School Programs.

(Statutory Authority: 1976 Code Sections 59-6-60(3&6), and 59-39-100)

A. Summer school programs are provided for the following purposes: to deliver academic assistance to students in grades three through eight under the Education Accountability Act of 1998 (EAA), to promote students in grades one through eight, or to award Carnegie units of credit toward meeting the requirements for a state high school diploma. Other school services offered during the summer are not considered summer school programs under this regulation. Gifted and Talented programs are required to meet the provisions of State Board of Education Regulation 43-220, Gifted and Talented.

B. Instruction offered in summer programs must meet the same rigor and standards required during the regular school year. A district summer school program must be directed by a staff member with administrative certification as a district wide program or school site program. Each school in a district wide program must designate a lead teacher. The final accreditation status of the summer school program will be reflected in the overall district rating for the next year.

(1) Qualifications of Teachers: Kindergarten, Grades 1-12:

The qualifications of each teacher shall be the same as those for the regular term.

(2) Organization and Administration: Kindergarten, Grades 1-8:

(a) Pupil teacher ratio shall not exceed 25:1 in each classroom for grades K-5, or 30:1 in each classroom for grades 6-8.

(b) For students in grades 3-8, a summer school program designed for academic assistance under the Educational Accountability Act of 1998 (EAA) will be no less than 30 instructional hours. For students in grades K, 1, and 2, not on academic plans established by EAA, the districts may determine the length of the school day and the number of days scheduled.

(c) Summer school programs operated for students who are earning Carnegie units of credit must meet all the requirements established for grades 9-12.

(3) Organization and Administration: Grades 9-12.

(a) Pupil teacher ratio shall not exceed 30:1 in each classroom.

(b) All students taking a course for one unit of credit must receive at least 120 hours of instruction in that subject area.

(c) No teacher shall be assigned to teach more than one subject or one level of the same subject during one period for credit. (Exception: Two consecutive levels of coursework in the same subject area may be taught during one period if all students are repeating a course and the combined membership does not exceed 15 students.)

(d) The recommended number of units of credit that a student may earn during one summer school session is two. However, a student may earn more than two credits with prior approval from the school principal.

(e) There is no limit on the number of credits a student may earn in a summer program that is operated on a quarterly basis as part of a twelve-month school program.

43-241. Medical Homebound Instruction.

I. Students who cannot attend public school because of illness, accident, or pregnancy, even with the aid of transportation, are eligible for medical homebound or hospitalized instruction.

(A) A physician must certify that the student is unable to attend school but may profit from instruction given in the home or hospital.

(B) Any student participating in a program of medical homebound instruction or hospitalized instruction must be approved by the district superintendent or his or her designee on standardized forms provided by the State Department of Education.

(C) A South Carolina school district may count in membership a pupil who is compelled to reside outside the State to receive medical services provided the teacher is certificated by the Department of Education in the state where services are rendered.

(D) All approved forms must be maintained by the district for documentation.

II. A student is eligible for medical homebound instruction (1) on the day following his or her last day of school attendance or (2) on the first day of the regular nine-month academic year of the school in which he or she is enrolled and would otherwise be in attendance. The student remains eligible (1) until the day before he or she returns to school or (2) until the last day of the regular academic year in the school year he or she would normally be enrolled, whichever occurs first.

III. The State Department of Education shall fund a maximum of five periods per week of medical homebound instruction pursuant to the Education Finance Act (EFA).

(A) A day of instruction must be based on the student's individual need but may be no less than fifty minutes to qualify for state funding.

(B) There is no limit to the amount of instruction that may be provided with funds other than state funds.

(C) If more instruction is needed, the school district must provide the additional funds.

IV. Should an approved student not be provided the medical homebound instruction that he or she is entitled to receive, the student is eligible to have the medical homebound instruction made up by the district.

(A) This make up may occur during the student's remaining eligibility for medical homebound instruction or may occur after the student returns to school provided the make-up periods are not during the regular school day.

(B) State funding for medical homebound instruction is available until the last day of the regular school year. If the school district delays the start of services for any reason, the student is still entitled to the instructional services, and the school district must make up the missed instructional periods even if the regular school year has ended and services are provided without the benefit of state funding.

V. All teachers providing medical homebound instruction to students domiciled in South Carolina must hold a valid South Carolina teacher's certificate.

(A) The teacher shall teach the medical homebound student or students in a room especially set aside for the period of instruction.

(B) Medical homebound teachers are required to keep a weekly record of teaching services provided.

43-242. Driver Training.

A school program shall include the complete program of driver education, classroom and behind-the-wheel phases, and it shall be provided each semester on an elective basis for eligible students. Schools organized on grades 9-12 or 10-12 basis shall provide this program.

Summer programs of driver education are permissible and recommended but may not be substituted for the regular school year program.

1. The course shall be organized on a semester basis and shall include as a minimum 30 classroom hours of instruction in driver education, 6 hours of actual behind-the-wheel driving, and 6 hours of actual observation. Twelve hours of simulation instruction may replace 3 hours of be hind-the-wheel driving.

2. Behind-the-wheel driving refers to actual experiences in road instruction with the student as the driver with the teacher present.

Behind-the-wheel instruction shall include the following:

a. Actual experience in driving a properly marked automobile. It is required that a dual-control automobile be used.

b. A minimum of 6 hours of behind-the-wheel practice driving with a certified driving instructor. Twelve hours of simulation instruction may replace 3 hours of behind-the-wheel driving.

3. The instructional materials shall be selected from the list of state adopted instructional materials list for driver education.

4. Driver education must be offered at a grade level that complies with Section 8 of the Highway Safety Act (R-521, Act No. 362 of 1965). It is recommended that the course be offered at the grade level where most of the students have or are approaching legal driving age, which is the ninth grade. However, the course may be offered in any grade 9-12. The course shall be limited to students whose physical and mental condition gives reasonable promise of being able to pass the requirements of the State Highway Department for a driver's license.

5. The teacher must (a) hold a valid South Carolina teacher's certificate, (b) be certified to teach driver education, (c) have completed successfully a basic and advanced driver and traffic education instructor's course, (d) have a good personal driving record, (e) hold a valid South Carolina driver's license, and (f) hold a valid behind-the-wheel instructor permit.

6. All school districts operating driver education programs must have liability insurance as required by State Law. The Board recommends that medical expense insurance be obtained for drivers and passengers in an amount to be determined by the school district or county.

43-243. Special Education, Education of Students with Disabilities.

A. Purpose

These revised regulations have been developed in order to implement the requirements of the 1997 reauthorization of the Individuals with Disabilities Education Act (IDEA).

B. Definitions

1. The term "assistive technology device" means any item, piece of equipment, or product system--whether acquired commercially off the shelf, modified, or customized--that is used to increase, maintain, or improve the functional capabilities of a student with a disability. The term "assistive technology service" means any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology service includes

a. evaluating the needs of a student with a disability, including a functional evaluation of the student in his or her customary environment;

b. purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices for students with disabilities;

c. selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

d. coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

e. providing training or technical assistance to a student with a disability or, if it is appropriate, the family of that student; and

f. providing training or technical assistance to professionals, including individuals who render educational or rehabilitation services to a student with a disability, the employer of a student with a disability, individuals who provide other services to a student with a disability, and individuals who are otherwise substantially involved in the major life functions of such a student.

2. The term "at no cost" means that all specially designed instruction is provided without charge, but this does not preclude incidental fees that are normally charged to students without disabilities or their parents as part of the general education program.

3. The term "child with a disability" means a child who has been evaluated in accordance with the standards set forth in the Criteria for Entry into Programs of Special Education for Students with Disabilities, and in State Board Regulation 43-243.1, and Part B of the IDEA as having one of the thirteen categories of disabilities and who, by reason thereof, needs special education and related services.

4. The term "complaint" means a written communication supported by documented evidence and registered by an identifiable individual or organization, including an individual or organization from another state, involving a specific alleged violation of the requirements of Part B of the IDEA, the laws of South Carolina governing the education of students with disabilities, or State Board of Education regulations. The term "complaint" should not be confused with requests for information.

5. The term "consent" means that

a. The parent has been fully informed, either in his or her native language or in another mode of communication, of all information relevant to the activity for which consent is sought.

b. The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists what records, if any, shall be released and to whom.

c. The parent understands that the granting of consent is voluntary on his or her part and may be revoked at any time.

d. If a parent revokes consent, the revocation is not retroactive. For example, if a parent wishes to revoke consent for placement, he or she will need to request an IEP (individualized education program) review. If the IEP team does not agree with the parent, he or she may need to request mediation or a due process hearing.

6. The federal definitions of controlled substance, illegal drug, and weapon included in the IDEA as used in these regulations are as follows:

a. The term "controlled substance" means a drug or other substance identified under schedules I, II, III, IV, and V in Section 202(c) of the Controlled Substances Act (21 U.S.C. Section 812(c)).

b. The term "illegal drug" means a controlled substance but does not include a substance that is legally possessed or used under the supervision of a licensed health care professional or that is legally possessed and used under any other authority under the Controlled Substances Act or under any other provision of federal law.

c. The term "weapon" has the definition of "dangerous weapon" in Section 930(g)(2) of Title 18 of the U.S. Code: "The term 'dangerous weapon' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length."

7. The term "day" means a calendar day, unless otherwise indicated as "school day" or "business day."

8. The term "extended school year services" ("ESY services") means special education and related services that are provided to a student with a disability beyond the normal school year of the school district/agency in accordance with the student's IEP, that are provided at no cost to the parent of the student, and that meet the standards of the State Department of Education. The determination of eligibility for ESY services must be made during the IEP meeting. The need for ESY program/services must be addressed on all students' IEPs and must be made available, as appropriate, to meet the individual needs of all students with disabilities. ESY services must be provided only if a student's IEP team determines on an individual basis that the services are necessary for the provision of a free appropriate public education (FAPE) to the student. The school district/agency must not limit ESY services to particular categories of disabilities or unilaterally limit the type, amount, or duration of those services. The IEP team must review all appropriate data related to progress toward identified critical goals and objectives.

9. The term "evaluation" refers to procedures used in accordance with the standards set forth in the Criteria for Entry into Programs of Special Education for Students with Disabilities and in State Board Regulation 43-243.1 to determine if a student meets the criteria for eligibility for special education and related services.

10. The term "expedited hearing" means that timelines must be utilized to result in a decision being made within twenty-five calendar days of the request for the hearing, unless the parents and school officials agree otherwise. In no instance, however, may an expedited due process hearing result in a written decision's being mailed to the parties more than forty-five calendar days from the school district's/agency's receipt of the request for the hearing, without exceptions or extensions. At least two business days prior to an expedited hearing, each party must disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluation that the party intends to use at the hearing. All parties have the right to prohibit the introduction of any evidence at the hearing that has not been disclosed at least two business days before the hearing. These timelines must be the same for hearings requested by parents and by school districts. These timelines are different from those established for impartial due process hearings that are not expedited. The decisions from expedited due process hearings are appealable consistent with the information in the sections of these regulations titled "Administrative Appeals/Impartial Review" and "Civil Action."

11. The term "expedited evaluation" means that timelines must be utilized to achieve the completion of the evaluation within twenty-five calendar days of the parental permission to evaluate. Parental permission for an expedited evaluation must be obtained immediately upon request.

12. The term "free appropriate public education" (FAPE) refers to special education and related services that

a. are provided at public expense, under public supervision and direction, and without charge;

b. meet the standards of the State Department of Education;

c. include preschool, elementary school, and secondary school education in the State; and

d. are provided in conformity with an IEP that meets all state and federal requirements.

13. The phrase "full explanation of procedural safeguards" (listing of parental rights) means, at minimum, a full explanation of the following procedural safeguards and the state complaint procedures including

a. independent educational evaluation,

b. prior written notice,

c. parental consent,

d. access to educational records,

e. the opportunity to initiate due process hearings,

f. the student's placement during pendency of due process proceeding,

g. procedures for students who are subject to placement in an interim alternative educational setting,

h. requirements for unilateral placement by parents of students with disabilities in private schools at public expense,

i. mediation,

j. due process hearings, including requirements for disclosure of evaluation results and recommendations,

k. state-level appeals,

l. civil actions,

m. attorneys' fees, and

n. the state complaint procedures, including a description of how to file a complaint and the timelines under those procedures.

14. The term "guardian" means a private individual who has been given the legal custody of a child. If a child is represented by a guardian, no surrogate parent is needed.

15. The term "individualized education program" or "IEP" means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with these regulations.

16. The term "individualized education program (IEP) team" refers to a group of individuals, as described in the section of these regulations titled "Individualized Education Programs," who are responsible for developing, reviewing, and revising an IEP for a student with a disability.

17. The term "independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the school district/agency responsible for the education of the student. "Public expense," when referring to an independent educational evaluation, means that the school district/agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.

18. The term "meeting" means a prearranged event in which school district/agency personnel come together at the same time, either in person or through conference calls, or other methods of communication, to discuss any matter related to the identification, evaluation, educational placement, and the provision of a FAPE relating to an individual student with a disability. The term does not include informal or unscheduled conversations involving school district/agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provisions if those issues are not addressed in the student's IEP. The term also does not include preparatory activities that school district/agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting. Parents must be invited to be present at all meetings where any decision is to be made about their child.

19. The term "native language," if used with reference to an individual of limited English proficiency, refers to the language normally used by that individual or, in the case of a student, the language normally used by the parents of the child. In all direct contact with a student (including evaluation of him or her), communication must be in the language normally used by the student in the home or learning environment. For individuals with deafness or blindness, or for individuals with no written language, the mode of communication would be that normally used by the individual (such as sign language, braille, or oral communication).

20. The term "parent" means a parent, a guardian, a person acting as the parent of a child, or a surrogate parent who has been appointed in accordance with the section of these regulations titled "Surrogate Parents" in the procedural safeguards section. The term does not include the State if the child is a ward of the State. The term "parent" includes persons acting in the place of a parent, such as a grandmother or stepparent with whom a child lives, as well as persons who are legally responsible for a child's welfare.

The term "foster parent" means an individual assigned by certain state or local agencies to serve as the custodian for a student. A foster parent may act as a parent (1) if the natural parents' authority to make educational decisions on the student's behalf has been extinguished under state law and (2) if the foster parent has an ongoing, long-term parental relationship with the student, is willing to make the educational decisions required of parents under state and federal law, and has no interest that would conflict with the interests of the student.

21. The term "notification" means a written statement in the primary language of the home and oral communication in the primary language of the home, unless it is clearly unfeasible to use that language.

22. The term "participating agency" means a state or local agency other than the public agency responsible for a student's education that is financially and legally responsible for providing transition services to a student.

23. The term "pendency" refers to the period of time during which some or all matters at issue in a proceeding are still ongoing and no final decisions have yet been made. In this interim period, the rule of what is called "Stay Put" is in effect:

a. During the pendency of an administrative or judicial proceeding for matters other than dangerousness, weapons, or drugs, the student must remain in the present educational placement, unless all parties agree otherwise, except as indicated in paragraph c of this section.

b. During the pendency of an administrative or judicial proceeding for matters involving dangerousness, weapons, or drugs, the student must remain in the interim alternative education setting pending the decision in the matter or until the expiration of the time period for the removal, unless the parties agree otherwise.

c. If the decision of a state review officer or state review official in an administrative appeal agrees with the student's parent that a change of placement is appropriate, the placement must be treated as an agreement between the school district/agency and the parent. The student must be placed in the educational setting requested by the parent during the remaining pendency of the proceedings. Upon completion of this process (after the exhaustion of all appeals or upon the abandonment of any further appeals), the student must be placed in the educational setting ordered by the last due process hearing officer or review official, unless otherwise agreed upon.

d. When the proceedings involve initial admission to public school, the student must be placed in the public school program, with the consent of the parents, until completion of all the proceedings.

24. The term "personally identifiable" refers to information that includes

a. the name of the student and the student's parent or other family member;

b. the address of the student;

c. a personal identifier, such as the student's social security number or student number; or

d. a list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.

25. The term "physical education" means the development of physical and motor fitness; fundamental motor skills and patterns; and skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports). The term includes special physical education, adapted physical education, movement education, and motor development.

26. The term "related services" means transportation and such developmental, corrective, and other supportive services as are required to enable a student with a disability to benefit from special education. The term also includes

a. speech-language pathology and audiology services,

b. psychological services,

c. physical and occupational therapy,

d. recreation (including therapeutic recreation),

e. early identification and assessment of disabilities in children,

f. counseling services (including rehabilitation counseling),

g. orientation and mobility services,

h. medical services for diagnostic or evaluation purposes,

i. school health services,

j. social work services in schools, and

k. parent counseling and training.

27. The term "special education" means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including

a. instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings;

b. instruction in physical education;

c. speech-language services;

d. travel training; and

e. vocational education (career and technical education).

28. The term "specially designed instruction" means adapting, as appropriate to the needs of a child who needs special education and related services, the content, methodology, or delivery of instruction

a. to address the unique needs of the child that result from his or her disability and

b. to ensure access of the child to the general curriculum so that he or she can meet the educational standards that apply to all children within the jurisdiction of the school district/agency.

29. The term "supplementary aids and services" means aids, services, and other supports that are provided in general education classes or other education-related settings to enable students with disabilities to be educated along with nondisabled students to the maximum extent appropriate. Supplementary services include, but are not limited to, the following: itinerant or resource assistance, sign language interpreting, tutoring, consultation, note taking, assistive technology services, and training for general educators. Supplementary aids include, but are not limited to, the following: large-print textbooks, auditory trainers, curriculum adaptations, classroom modifications, adaptations, time management, behavior management, augmentative communication, and assistive technology devices.

30. The term "surrogate parent" means a person appointed to act in place of parents when a student's parents or guardians cannot be identified or cannot be located or when the student is a ward of the State. The surrogate parent may represent the student in all matters relating to the identification, evaluation, and educational placement of the student and to the provision of a free and appropriate public education (FAPE) to the student.

31. In accordance with the regulations under Part B of the IDEA, the term "substantial evidence" means "beyond a preponderance of the evidence."

32. The term "transition services" means a coordinated set of activities for a student with a disability that is designed within an outcome-oriented process, that promotes movement from school to postschool activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. This coordinated set of activities must be based on the individual student's needs, taking into account the student's preferences and interests, and must include

a. instruction,

b. related services,

c. community experiences,

d. the development of employment and other postschool adult-living objectives, and

e. if appropriate, acquisition of daily-living skills and functional vocational evaluation.

Transition services for students with disabilities may be classified as special education if the services are provided as specially designed instruction, or the transition services may be classified as related services if they are required to enable a student with a disability to benefit from special education.

33. The term "travel training" means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to

a. develop an awareness of the environment in which they live and

b. learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, home, work, and community).

34. The term "ward of the State" means those students who are in the legal custody of the South Carolina Department of Social Services. In accordance with S.C. Code Ann. Section 20-7-490(23) (Supp. 2000), the term "legal custody" means the right to the physical custody, care, and control of a child; the right to determine where the student shall live; and the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care.

C. Free Appropriate Public Education (FAPE)

1. Purpose

All students with disabilities ages three through twenty-one who are residents of the State, including students who have been suspended or expelled from school, shall be provided with a FAPE, including special education and related services.

2. Responsibility of State Department of Education (SDE)

a. The provision of special education and related services for children with disabilities ages three through twenty-one shall be the responsibility of the SDE and the school districts. Additional vehicles of service delivery shall include state agencies, institutions, and other participating organizations. The SDE shall be responsible for assuring that the requirements of Part B of the IDEA are carried out and that all educational programs for students with disabilities within the State, including all such programs administered by any other state or local agency, will be under the general supervision of the persons responsible for educational programs for students with disabilities in the SDE and shall meet education standards of the SDE.

b. A FAPE shall be accorded to all students with disabilities through school districts/agencies, including students with disabilities who are placed by school districts in private schools. To ensure the implementation of a FAPE, policies and procedures must be submitted to the SDE for approval. Following review and approval of these policies and procedures, the SDE shall monitor school districts/agencies to ensure compliance with the provisions of the IDEA. The primary delivery system of a FAPE is through the school district. All school districts must identify and provide appropriate special education programs available to all students with disabilities within their jurisdiction. Students with disabilities who have been unilaterally placed in private schools by their parents, however, do not have an individual entitlement to a FAPE. Requirements for private school students are included in the section of these regulations titled "Private Schools." Enforcement of these requirements is through the SDE and through content and approval of school district applications for entitlements under the IDEA.

c. An IEP must be in effect no later than the child's third birthday. This responsibility includes providing a FAPE for students with disabilities in foster homes, group homes, orphanages, or state-operated health facilities, including facilities for the treatment of mental illness or chemical dependence located within the jurisdiction of the school district.

d. In the event that a third party places a student with a disability in a residential setting for purposes other than education, the SDE shall approve the educational program prior to such a placement. Therefore, prior to any state agency's placing a student with a disability in any setting, the educational program must be approved in advance by the SDE.

e. All private schools and private residential schools serving students with disabilities placed there by a school district/agency must comply with SDE standards, as well as all educational programs under the authority of a state agency.

3. FAPE for Students Suspended or Expelled from School

a. School district/agencies are not required to provide special education or related services during periods of removals or suspensions for a student with a disability who has been removed or suspended from his or her current placement for ten cumulative school days or less in a given school year if services are not provided to a student without disabilities who has been similarly removed.

b. If the school district/agency continues to impose removals or suspensions for a student who has already been removed or suspended from his or her current placement for ten cumulative school days during the school year, the school district/agency must ensure that services are provided to the extent necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the student's IEP.

(1) School personnel, in consultation with the special education teacher, must determine the extent to which services are necessary if the removal or suspension is for less than ten consecutive school days and does not constitute a change of placement as described in the section of these regulations titled "Procedural Safeguards."

(2) The student's IEP team must determine the extent to which services are necessary if the student is removed by school personnel to an interim alternative educational setting for up to forty-five calendar days for weapons or drugs or by a due process hearing officer based on a determination of dangerousness or a substantial likelihood of injury.

(3) The student's IEP team must determine the extent to which services are necessary if the student is expelled for behavior determined not be a manifestation of the student's disability.

(4) The student's IEP team must determine the extent to which services are necessary if the parent agrees to a change in placement for the student because of his or her behavior.

(5) The services must include interventions and modifications to address the behavior and must be designed to prevent the behavior from recurring.

4. Students Advancing from Grade to Grade

a. A FAPE is available to any individual student with a disability who needs special education and related services, even though the student is advancing from grade to grade.

b. The determination that a student is eligible for special education and related services must be made on an individual basis by the group responsible within the student's school district/agency (IEP team and other qualified professionals, as appropriate) for making those determinations.

5. Highly Mobile Students

A FAPE must be made available to highly mobile students with disabilities, such as migrant and homeless students.

6. Exceptions to the FAPE

a. It is not required that special education and related services be provided to a student with a disability who, in the last educational placement prior to his or her incarceration in an adult correctional facility, was not actually identified as being a student with a disability and did not have an IEP. This exception does not apply to a student with a disability ages eighteen through twenty-one who was identified as a student with a disability and received services in accordance with an IEP, but who left school prior to his or her incarceration or did not have an IEP in his or her last educational setting, but who had actually been identified as a student with a disability under section B, part 7, "Definitions" and Part B of the IDEA.

b. There is no obligation to provide a FAPE to students with disabilities who have graduated from high school with a regular high school diploma. Graduation from high school with a regular diploma constitutes a change in placement requiring prior written notice.

c. Students who have graduated but have not been awarded a regular high school diploma are still entitled to receive a FAPE.

7. Proper Functioning of Hearing Aids

Each school district/agency must ensure that the hearing aids worn in school by students with hearing impairments, including deafness, are functioning properly.

8. Full Educational Opportunity Goal

Each school district/agency must establish and implement a goal of providing full educational opportunity to all students with disabilities in the area served by the school district/agency.

9. Program Options

Each school district/agency must take steps to ensure that its students with disabilities have available to them the variety of educational programs and services that are available to nondisabled students in the area served by the school district/agency, including art, music, industrial arts, consumer and homemaking education, and occupational education.

10. Nonacademic Services

a. Each school district/agency must take steps to provide nonacademic and extracurricular services and activities in the manner necessary to afford to students with disabilities an equal opportunity for participation in those services and activities.

b. Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school district/agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the school district/agency and assistance in making outside employment available.

11. Physical Education

a. General

Physical education services, specially designed if necessary, must be made available to every student with a disability receiving a FAPE.

b. Regular Physical Education

Each student with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless he or she

(1) is enrolled full time in a separate facility or

(2) needs specially designed physical education as prescribed in the student's IEP.

c. Special Physical Education

If specially designed physical education is prescribed in a student's IEP, the school district/agency responsible for the education of that student shall provide the services directly or shall make arrangements for those services to be provided through other public or private programs.

d. Education in Separate Facilities

The school district/agency responsible for the education of a student with a disability who is enrolled in a separate facility shall ensure that the student receives appropriate physical education services as described above.

12. Students with Disabilities in Public Charter Schools

a. Students with disabilities who attend public charter schools and their parents retain all rights extended under these regulations.

b. The school district is responsible for ensuring that the requirements of these regulations are met with respect to students with disabilities enrolled in any charter school that is a part of the district. The school district must have information on file with the SDE to demonstrate that in carrying out these regulations with respect to charter schools, the school district will serve students with disabilities attending those schools in the same manner that it serves students with disabilities in its other schools and will provide funds under Part B of the IDEA to those schools in the same manner that it provides those funds to its other schools.

13. Extended School Year Services

Each school district/agency must ensure that extended school year services are available as necessary to provide a FAPE. These services must be provided only if a student's IEP team determines, on an individual basis, that the services are necessary for the provision of a FAPE to the student in accordance with the section of these regulations titled "Individualized Education Programs."

14. Transition Services

Each school district/agency must ensure that transition services that promote movement from school to postschool activities are available as necessary to provide a FAPE in accordance with the section of these regulations titled "Individualized Education Programs."

15. Assistive Technology

Each school district/agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in section B, part 1, "Definitions," are available as necessary to provide a FAPE to students with disabilities.

16. Residential Placement

If placement in a public or private residential program is necessary to provide special education and related services to a student with a disability, the program, including nonmedical care and room and board, must be at no cost to the parents of the child.

17. No Delay in Implementing a Student's IEP

There must be no delay in implementing a student's IEP, including any case in which the source that will provide or pay for special education and related services to the student is being determined.

D. Child Find

1. All students with disabilities residing in the State--including students with disabilities who are attending private schools and religious schools, regardless of the severity of their disability, and who are in need of special education and related services--must be located, identified, and evaluated. These requirements apply to highly mobile students with disabilities, such as migrant and homeless students, and students suspected of having disabilities and of being in need of special education, even though they are advancing from grade to grade.

2. In the event that a student thought to have a disability has been placed in another agency without having undergone identification and evaluation procedures in a school district/agency, then the agency is required to meet the evaluation requirements imposed on school districts/agencies through theCriteria for Program Entry into Programs of Special Education for Students with Disabilities and State Board Regulation 43-243.1.

3. Training on procedures regarding child identification shall be provided to all school districts/agencies. Technical assistance shall be provided upon request or when deemed necessary on the basis of complaints, results of monitoring, and the like, to school districts/agencies needing additional training or support.

4. The SDE shall monitor child identification initiatives. Each school district's/agency's policies and procedures shall be reviewed to determine that they are in compliance with both federal and state statutes and regulations.

5. Child Find for Children from Birth through Age Two

A cooperative interagency agreement with the Department of Health and Environmental Control (lead agency under federal law for children ages birth through two years) shall specify the roles and responsibilities of the participating agencies (BabyNet) relative to children with disabilities who are two years old and under.

E. Evaluation and Determination of Eligibility

1. Initial Evaluation

Each school district/agency must conduct a full and individual initial evaluation before the initial provision of special education and related services to a student with a disability. (Specific regulations are included in the Criteria for Program Entry into Programs of Special Education for Students with Disabilities and in State Board Regulation 43-243.1.)

2. Evaluation Procedures

Each school district/agency must ensure that the following requirements, at a minimum, are met:

a. Tests and other evaluation materials used to assess a student suspected of having a disability are selected and administered so as not to be discriminatory on a racial or cultural basis and are provided and administered in the student's native language or other mode of communication unless it is clearly unfeasible to use that language or any mode of communication.

b. Materials and procedures used to assess a student with limited English proficiency are selected and administered to ensure that, rather than measuring the student's English language skills, they measure the extent to which the student has a disability and needs special education.

c. A variety of assessment tools and strategies are used to gather relevant functional and developmental information about the student, including information provided by the parent and information related to enabling the student to be involved in and progress in the general curriculum (or for a preschool child to participate in appropriate activities) that may assist in determining whether the student is one with a disability and what the content of the student's IEP should be.

d. Any standardized tests that are given to a student have been validated for the specific purpose for which they are used and are administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the tests. If an assessment is not conducted under standard conditions, a description of the extent to which it varied from standard conditions, such as the qualifications of the person administering the test or the method of test administration, must be included in the evaluation report.

e. Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

f. Tests are selected and administered so as best to ensure that if a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level, or whatever other factors the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

g. No single procedure is used as the sole criterion for determining whether a student has a disability and for determining an appropriate educational program for the student.

h. The student is assessed in all areas related to the suspected disability, including, if appropriate, his or her health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

i. In the assessment of each student with a disability, the methods of evaluation are sufficiently comprehensive to identify all of the student's special education and related-services needs, whether or not they are commonly linked to the category in which the student is suspected of having a disability.

j. Each school district/agency uses technically sound instruments that may assess the relative contribution of cognitive and behavioral factors in addition to physical or developmental factors.

k. Each school district/agency uses assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the student.

3. Determination of Needed Evaluation Data

a. Review of Existing Evaluation Data

(1) As part of an initial evaluation, if appropriate, and as part of any reevaluation, a group that includes the individuals representing the membership of an IEP team and other qualified professionals, as appropriate, must review existing evaluation data on the student, including evaluations and information provided by the parents of the student, current classroom-based assessments and observations, and observations by teachers and related-services providers;

(2) On the basis of that review, additional data needed, if any, must be identified to determine whether the student has a particular category of disability. In the reevaluation of a student, the determination must be made as to whether the student continues to have a disability. The following must also be determined:

(a) what the present levels of performance and educational needs of the student are,

(b) whether the student needs special education and related services or, in the reevaluation of a student, whether the student continues to need special education and related services, and

(c) whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in his or her IEP and to participate, as appropriate, in the general curriculum.

b. Conduct of Review

The review described in the previous paragraph may be conducted without a meeting.

c. Need for Additional Data

Each school district/agency must administer tests and other evaluation materials as are needed to produce the data identified in this section of these regulations.

d. Requirements If Additional Data Are Not Needed

If the determination is made that no additional data are needed to determine whether the student continues to be one with a disability, the school district/agency must notify the student's parents of that determination and the reasons for it. The parents must also be notified of their right to request an assessment to determine whether, for purposes of special education services, their child continues to have a disability. The school district/agency is not required to conduct the assessment unless requested to do so by the student's parents in order to determine if the student continues to have a disability.

4. Determination of Eligibility

a. Upon the completion of the tests and the other evaluation materials, a group representing the membership of an IEP team must determine whether the student has a disability as defined in section B, part 3, "Definitions." The school district/agency must provide the student's parents with a copy of the evaluation report and the documentation of determination of eligibility.

b. A student must not be determined to be eligible for special education and related services if the determining factor for that eligibility is a lack of instruction in reading or math or a limited English proficiency and the student does not otherwise meet the eligibility criteria included in theCriteria for Program Entry into Programs of Special Education for Students with Disabilities and in State Board Regulation 43-243.1.

c. Each school district/agency must reevaluate a student with a disability in accordance with Part B of the IDEA before determining that he or she can no longer be considered to have a disability. This reevaluation is not required before the termination of a student's eligibility under Part B of the IDEA due to his or her having graduated with a regular high school diploma or having exceeded the age of eligibility for a FAPE under state law.

5. Procedures for Determining Eligibility and Placement

a. In interpreting evaluation data for the purpose of determining if a student is one with a disability under Part B of the IDEA and the educational needs of the student, each school district/agency must draw on information from a variety of sources, including, as appropriate, aptitude and achievement tests; parent input; teacher recommendations; and the student's physical condition, social and/or cultural background, and adaptive behavior. The information obtained from all of these sources must be documented and carefully considered.

b. If a determination is made that a student has a disability and needs special education and related services, an IEP must be developed for him or her in accordance with Part B of the IDEA and the requirements in the section of these regulations titled "Individualized Education Programs."

6. Reevaluation

A reevaluation of each student, in accordance with the section of these regulations titled "Evaluation and Determination of Eligibility," must be conducted if conditions warrant a reevaluation or if the student's parents or teacher requests a reevaluation. In any event, a review must be conducted at least once every three years.

7. Additional Procedures for Evaluating Students with Specific Learning Disabilities

a. Procedures for evaluating students with specific learning disabilities are included in the Criteria for Program Entry into Programs of Special Education for Students with Disabilities and in State Board Regulation 43-243.1. Additionally, a written report must be developed for a student suspected of having a specific learning disability and must include the following:

(1) the determination as to whether or not the student has a specific learning disability;

(2) an explanation of the basis on which the determination was made;

(3) the relevant behavior noted during the observation of the student;

(4) the relationship of that behavior to the student's academic functioning;

(5) the educationally relevant medical findings, if any;

(6) a statement as to whether there is a severe discrepancy between the student's ability and level of achievement that is not correctable without special education and related services; and

(7) the determination concerning the effects of environmental, cultural, or economic disadvantage on the student.

b. Each team member must certify in writing whether the report reflects his or her conclusions with respect to all of the factors in the above list. If the report does not reflect his or her conclusions, the team member must submit a separate statement presenting his or her specific points of disagreement.

F. Confidentiality of Personally Identifiable Information

1. Definitions

The following definitions apply to the terms used in this section of these regulations:

a. "Destruction" means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.

b. "Education records" means the type of records covered under the definition of "education records" in the Family Educational Rights and Privacy Act (FERPA) of 1974 and implementing regulations in the Code of Federal Regulations (34 C.F.R. Part 99).

c. "Participating agency" means any agency or institution that collects, maintains, or uses personally identifiable information or that provides the information required under Part B of the IDEA.

2. Notice to Parents

The SDE shall provide notice that is adequate to fully inform parents about the confidentiality of personally identifiable requirements of Part B of the IDEA, including

a. a description of the extent to which the notice is given in the native languages of the various population groups in the State;

b. a description of the students on whom personally identifiable information is maintained, the types of information sought, the methods the State intends to use in gathering the information, including the sources from whom information is gathered, and the uses to be made of the information;

c. a summary of the policies and procedures that participating agencies must follow regarding the storage, disclosure to third parties, retention, and destruction of personally identifiable information; and

d. a description of all of the rights of parents and students regarding this information, including the rights under the FERPA.

Before any major identification, location, or evaluation activity is conducted, the notice must be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the State of the activity.

3. Access Rights

Parents are guaranteed full and free access to information regarding their children that is collected and maintained by the SDE, school districts, and other participating agencies.

a. Parents have the right to inspect and review any education records relating to their children that are collected, maintained, or used by the school district/agency.

b. Parents have the right to receive a response from the school district/agency to reasonable requests for explanations or interpretations of information pertaining to their children. The school district/agency must comply with this request without unnecessary delay and before any meeting regarding an IEP or hearing relating to the identification, evaluation, or placement of the student and in no case more than forty-five days after their request is made.

c. Parents have the right to request that the school district/agency provide copies of the records containing the information if failure to provide those copies would effectively prevent them from exercising their parental right to inspect and review the records.

d. Parents have the right to have their representative inspect and review records pertaining to their child, subject to their providing written authorization to the school district/agency. (The provision of copies of records to representatives of parents is not mandatory unless failure to provide those copies would effectively prevent the parents from exercising their parental right to inspect and review the records.)

e. A school district/agency may presume that both parents have authority to inspect and review records relating to their child unless the school district/agency has been advised that a parent does not have the authority under applicable state law governing matters such as guardianship, separation, or divorce.

4. Records on More Than One Student

Parents have the right to inspect and review only the information relating to their child. If any educational record includes information on more than one student, that specific information must be deleted prior to disclosure.

5. List of Types and Locations of Information

Parents have the right to receive, upon specific request, a list of the types and locations of education records collected, maintained, or used by the school district/agency.

6. Fees

The SDE, school district, or other participating agencies may charge a reasonable fee for copies of records that are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review those copies. A school district/agency must not charge a fee to search for or to retrieve the requested information.

7. Amendment of Records at Parents' Request

Parents have the right to request appropriate amendments to information in educational records collected, maintained, or used that they believe is inaccurate or misleading or violates the privacy or other rights. Procedures must be established in school districts/agencies to ensure the parents' right to challenge the information that the parents feel is inaccurate or misleading or violates the privacy or other rights of a student. These procedures shall include the following:

a. Parents must submit a formal written request (or in certain cases a request in other modes of communication) for appropriate amendments to information to the district superintendent or his or her designee.

b. The school district/agency must notify the parents within a reasonable amount of time, not to exceed forty-five calendar days of the disposition of the request. When the parents' request is granted, the appropriate amendments must be made. When the request is denied, parents must be informed of their right to request a hearing.

8. Opportunity for a Hearing

Parents must submit a formal written request (or in certain cases a request in other modes of communication) for a hearing to the district superintendent or his or her designee to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. Impartial due process hearing officers procured by the school district/agency must conduct the hearings. Only persons trained by the SDE may conduct hearings for the school district/agency. Persons who have formerly been employed by the school district/agency are not eligible. The qualifications for impartial due process hearing officers are specified in the section of these regulations titled, "Impartial Due Process Hearing Officers" in the procedural safeguards section.

9. Result of Hearing

a. When the decision of the due process hearing officer is that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the appropriate amendments must be made and the school district/agency must inform the parents in writing.

b. When the decision of the due process hearing officer is that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the school district/agency must inform the parents of their right to place in the records it maintains on the student a statement commenting on the information or setting forth any reasons for their disagreeing with the decision of the agency.

c. The statement/explanation must be placed in the records of the student and maintained as long as the record or contested portion is maintained by the school district/agency. Disclosure of the contested portion of the records to authorized persons must also include a copy of the parents' statement/explanation.

10. Hearing Procedures

The following are requirements for the SDE and school districts/agencies:

a. An impartial due process hearing officer must conduct the hearing.

b. Parents have the right during the hearing to present evidence relevant to the issues. The parents may, at their own expense, be assisted or represented by one or more individuals of their choice, including legal counsel.

c. The decision must be based solely on the basis of the evidence and the testimony presented at the hearing.

d. Within five calendar days after the hearing, the due process hearing officer must notify all parties in writing of the decision.

e. The notification by the due process hearing officer must include a summary of the evidence and the reasons for the decision.

11. Consent

The SDE or school district/agency may not release information from educational records to participating agencies without parental consent except as allowed under the FERPA. Parental consent must be obtained prior to the disclosure of information to anyone other than officials of participating agencies and the use of information for purposes other than those designated. In the event that parental permission cannot be obtained, the school district/agency may invoke hearing procedures prior to disclosure or use of information in other participating agencies.

12. State and Local Access to Information

Personally identifiable information may be disclosed (transmitted) between the SDE and school districts without written consent of the parents or the majority-age student, provided the purpose of the action is related to legitimate educational interests. Legitimate educational interests may include, but are not necessarily limited to, the following:

a. identification or evaluation of students with suspected disabilities,

b. referral or placement of students with disabilities,

c. investigation of complaints, and

d. other aspects related to the provision of a FAPE.

13. Information Disclosed between School Districts

Personally identifiable information may be disclosed (transmitted) between school districts without the written consent of the parents when the student transfers from one school system to another. The school district transferring records must notify the parents at their last known address, except when the transfer of records is initiated by parents or when the school district includes a provision in its policies or procedures that educational records are forwarded upon request of the school in which the student seeks to enroll.

14. Information Disclosed Where Permission Is Required

Parental permission must be obtained prior to the disclosure (transmission) of personally identifiable information regarding a student between a school district and a participating agency, except in emergency situations as outlined in the FERPA.

15. Information Disclosed Where Permission Is Not Required

Personally identifiable information may be disclosed (transmitted