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2005 South Carolina Code of Regulations § 43-601. — Procedures and Standards for Review of Charter School Applications.

South Carolina Code of Regulations
(Unannotated)
Current through State Register Volume 29, Issue 10, effective October 28, 2005.

Disclaimer

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.

CHAPTER 43.

STATE BOARD OF EDUCATION

(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))

ARTICLE 1.

GOVERNANCE OF THE STATE BOARD OF EDUCATION [RESERVED]

ARTICLE 2.

STATE SUPERINTENDENT OF EDUCATION [RESERVED]

ARTICLE 3.

REQUIREMENTS FOR TEACHER EDUCATION AND CERTIFICATION REGULATIONS

(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

(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

(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.

43-52. 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

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

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)

(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.

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.

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

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;

(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

(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

(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

(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

(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

(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

(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

(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

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

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.

43-63. 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).

(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.

(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.

(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

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

(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

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

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

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

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. 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

ARTICLE 4.

TEXTBOOK REGULATIONS

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.

ARTICLE 5.

TRANSPORTATION REGULATIONS

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.

ARTICLE 6.

TEACHER TRAINING INSTITUTIONS

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.

ARTICLE 7.

TEST SECURITY

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.

ARTICLE 8.

CORRESPONDENCE COURSES [RESERVED]

ARTICLE 9.

PROPRIETARY SCHOOLS [REPEALED]

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

ARTICLE 10.

DEFINED MINIMUM PROGRAM

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

ARTICLE 11.

SCHOOL DISTRICT ORGANIZATION [REPEALED]

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

ARTICLE 12.

SCHOOL BOARD OPERATION [REPEALED]

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.

ARTICLE 13.

GENERAL SCHOOL ADMINISTRATION

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.

43-164.1. 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.

ARTICLE 14.

FISCAL MANAGEMENT

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.

ARTICLE 15.

BUSINESS MANAGEMENT

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.

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.

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.

43-187. 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.

ARTICLE 16.

FACILITY EXPANSION PROGRAM

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.

ARTICLE 17.

PERSONNEL

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.

43-202, 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.

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

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

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.

(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.

43-213. 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.

ARTICLE 18.

NEGOTIATIONS [RESERVED]

ARTICLE 19.

INSTRUCTIONAL PROGRAM

(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);

(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;

(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.);

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);

(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;

(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.

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.

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

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.

(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.

I. Basic Program/Curriculum for Grades 6-8

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]

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

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

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.

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.

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.

43-236. 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.

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) from other participating agencies to the SDE without the written consent of parents. Personally identifiable information may be disclosed (transmitted) from the SDE to other participating agencies consistent with the conditions set forth in the FERPA.

16. Safeguards

The SDE and school districts/agencies must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. One official at the SDE and school districts/agencies must be designated as the responsible person for ensuring the confidentiality of personally identifiable information. Training or instruction regarding state policies and procedures must be provided to persons collecting or using personally identifiable information. The SDE and each school district/agency must maintain a list of names and positions of those employees having access to personally identifiable information for public inspection.

17. Destruction of Information

a. A school district/agency must inform parents when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the student and must apprise them of their right to have this information destroyed. Personally identifiable information maintained on students with disabilities may be retained permanently unless the parents request that it be destroyed. Personally identifiable information no longer needed must be destroyed at the request of parents except that the student's name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

b. Forty-five calendar days prior to destruction of any personally identifiable information, the parents must be notified that they have the right to request and be provided a copy of the information that has been obtained or used for the specified purposes.

18. Student's Rights

a. All rights of the parents must be transferred to the student upon his or her reaching the age of majority (eighteen years old). Prior to the student's reaching the age of majority, the school district/agency must designate a person to explain orally to the student his or her rights under the IDEA at the IEP team meeting before the student turns eighteen. The school district/agency must provide notice to the parents and the student regarding the transfer of rights. The school district/agency must provide any notice required under the IDEA to both the parent and the student. All rights of the parents under the IDEA, including rights to educational records, transfer to those students who are incarcerated in an adult or juvenile, state or local, correctional institution.

b. If the student has been determined to be incompetent in accordance with state laws, if the parent obtains a power of attorney, or if the student signs a waiver provided by the school district/agency stating the parent may continue to be accorded all rights under IDEA, the rights shall not be transferred. The student may, however, revoke the power of attorney or the waiver at any time.

c. If the student has been determined to be incompetent in accordance with state laws and requires legal guardianship beyond his or her reaching the age of majority, the legal guardian shall maintain the rights to privacy. Parents who retain their rights under the IDEA through a power of attorney or by having the student sign a waiver must also continue to maintain the student's rights to privacy.

d. It shall not be the prerogative of a student aged eighteen or older to deny his or her parents access to the student records if the student is dependent on the parents as defined in Section 152 of the Internal Revenue Code of 1954 (over half of his or her financial support during the calendar year is furnished by the parents).

19. Enforcement

Ongoing enforcement activities include the IDEA school district's/agency's application approval, compliance monitoring, and an investigation of alleged violations directed to the SDE through the complaint system described in the section titled "Procedural Safeguards" in these regulations. A statement of compliance with SDE policies is a condition of contractual relationships between the SDE and the participating agencies. These policies shall pertain to vendored services/programs subcontracted by participating agencies.

20. Disciplinary Information

School districts/agencies must follow the procedures established by each school district/agency regarding the inclusion in the records of a student with a disability a statement of any current or previous disciplinary action that has been taken against the student with a disability. This may only be transmitted to other school districts/agencies to the same extent that it is transmitted for students without disabilities. If this statement is transmitted, it may include a description of any behavior by the student that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the student and other individuals involved with him or her. If the disciplinary records are transmitted, the transmission of the student's records must include the student's current IEP.

G. Individualized Education Programs (IEP)

1. Responsibility of the State Education Agency

The SDE shall ensure that each school district/agency that provides special education and related services either directly, by contract, or through other arrangements must develop and implement an IEP for each of its students with disabilities. An IEP must be developed and implemented for each eligible student placed in a private school or facility by the school district/agency. Each school district/agency in the State must maintain records of the IEP for each student with a disability.

2. When IEPs Must Be in Effect

For students currently receiving special education/related services, the IEP must be in effect by the beginning of each school year. All IEPs must be in effect before special education and related services are provided. The term "must be in effect" means that the IEP has been developed properly (i.e., at a meeting or meetings involving all of the required participants under federal and state regulations). Each school district/agency is responsible for initiating and conducting meetings for the purpose of developing, reviewing, and revising the IEPs for students with disabilities. For students initially entering programs of special education/related services, the eligibility determination/IEP development/placement determination meeting must be completed within thirty calendar days of the evaluation procedures.

3. Implementation of IEPs

The IEP must be finalized before placement and be in effect before special education and related services are provided. The IEP must be implemented as soon as possible but not later than seven calendar days following the IEP meeting. The student's IEP must be accessible to each general education teacher, special education teacher, related-service provider, and other service provider who is responsible for its implementation. Each teacher and provider must be informed of his or her specific responsibilities related to implementing the student's IEP and the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP.

4. IEPs for Children Ages Three through Five

All children with disabilities ages three through five must have IEPs that are developed and revised consistent with the requirements in this section of these regulations.

5. Initial IEPs, Provision of Services

The student must be evaluated following the school district's/agency's receipt of parent consent to an initial evaluation of that student. If the student is determined to be eligible for services under the IDEA, special education and related services are made available to him or her in accordance with an IEP.

6. Review and Revision of IEPs

Each school district/agency must initiate and conduct meetings periodically to review each student's IEP and, if appropriate, to revise its provisions. A meeting must be held at least once every twelve months to determine whether the annual goals for the student are being achieved and whether the IEP needs to be revised in any way. This meeting shall address the following:

a. any lack of expected progress toward the annual goals described in this section of these regulations and in the general curriculum, if appropriate,

b. the results of any reevaluation conducted under the section of these regulations titled "Evaluation and Determination of Eligibility,"

c. information about the student provided to or by the parents as described in the section of these regulations titled "Evaluation and Determination of Eligibility,"

d. the student's anticipated needs, and

e. any other appropriate matter.

7. IEP Team

Each school district/agency must ensure that the IEP team for each student with a disability includes the following participants:

a. A representative of the school district/agency, other than the student's teacher, who is qualified to provide or to supervise the provision of specially designed instruction to meet the unique needs of students with disabilities, who is knowledgeable about the general curriculum and about the availability of resources of the school district/agency, and who may also be acting in another role as a member of the IEP team as one of the following:

(1) a district representative/designee who meets state certification requirements for school administrators, supervisors, or special education instructional personnel;

(2) a principal;

(3) a special education consultant;

(4) a school psychologist; or

(5) a guidance counselor.

b. At least one general education teacher of the student with a disability, if that student is, or may be, participating in the general education environment. As a member of the IEP team for a student with a disability, the general education teacher must, to the extent appropriate, participate in the development, review, and revision of the student's IEP, including assisting in the determination of suitable positive behavioral interventions and strategies for the student and in the determination of supplementary aids and services, program modifications, or supports for school personnel that must be provided for the student consistent with this section of these regulations.

c. At least one special education teacher who is qualified in the area of the student's disability or, where appropriate, at least one special education provider of the student. The speech-language therapist is considered to be a student's teacher and must be in attendance during meetings to develop the IEP for any student who has only a speech-language disability. The speech-language therapist may not serve as both the school district/agency representative and the teacher during the same meeting.

d. The parents of the student with a disability. One or both of the student's parents, legal guardian, or surrogate parents must be invited to participate in the meeting.

e. The student who is the subject of the meeting, when appropriate. The student must be invited to attend the meeting when the parents determine it is appropriate or when transition needs or services are to be discussed.

f. Other individuals who have knowledge or special expertise regarding the student, including related-services personnel as appropriate, at the discretion of the parent or the school district/agency. The determination of the knowledge or special expertise of any individual is made by the parents or the school district/agency who invited the individual to be a member of the IEP team.

g. An individual who can interpret the instructional implications of evaluation results. This person may also be acting in another role as a member of the IEP team.

h. A representative of any other agency that is likely to be responsible for providing or paying for transition services. If an agency that was invited to send a representative to a meeting does not do so, the school district/agency must take other steps to obtain the participation of the other agency in the planning of any transition services.

i. The director of Programs for Career and Technical Education and/or the appropriate career and technical education representative for a student who is fifteen years of age or who is in the ninth grade, whichever has occurred first. This requirement applies for grades nine through twelve, unless career and technical education is determined to be inappropriate during the meeting at the ninth-grade level.

8. Parent Participation

a. Each school district/agency must take steps to ensure that one or both of the parents of a student with a disability are present at each IEP meeting or are afforded the opportunity to participate.

b. At least seven calendar days prior to the meeting, the school district/agency must ensure that a letter is provided to the parents in the primary language of their home and a copy maintained in the student's folder, which must include the following rights/information:

(1) The specific purpose of the IEP meeting.

(2) The time (hour), date, and specific location (school or building) of the IEP meeting.

(3) The names and the specific positions of participants who will be in attendance at the IEP meeting.

(4) A statement of the parents' right to reschedule the meeting at a mutually agreeable time, date, and/or location.

(5) A statement of the parents' right to determine whether their child will be a participant during the scheduled meeting.

(6) A statement that their child will be invited to be a participant in the meeting if transition needs and/or services are to be discussed.

(7) A statement of the parents' right to bring other participants who have knowledge or special expertise regarding the student to the meeting.

(8) A statement of the parents' right to participate as equal members of the student multidisciplinary team.

(9) A statement of the parents' right to request a new IEP meeting any time they feel it is warranted.

(10) A statement that the parents must be provided a copy of their child's IEP.

(11) A statement of the parents' right to be provided with an interpreter when there is a communication barrier.

(12) A statement that (a) if the student is fourteen years of age or older, or will turn age fourteen during the effective dates of the IEP, the IEP team shall discuss transition service needs, focusing on his or her courses of study, or (b) if the student is sixteen years of age or older, or will turn sixteen during the effective dates of the IEP, the IEP team shall discuss transition services and incorporate a transition services plan into the IEP. Transition services for younger students may also be discussed if the IEP team or the parents deem these services appropriate.

(13) A statement that if transition services are to be discussed, the specific agencies that are likely to be responsible for providing or paying for transition services must be invited to the meeting. These specific agencies must be identified.

c. If neither parent can attend, the school district/agency must use other methods to ensure parent participation, including individual or conference telephone calls.

9. Conducting an IEP Meeting without a Parent in Attendance

a. A meeting may be conducted without a parent in attendance if the school district/agency is unable to convince the parents that they should attend. In this case, the school district/agency must have a record of its attempts to arrange a mutually agreed-upon time and place, such as

(1) detailed records of telephone calls made or attempted and the results of those calls,

(2) copies of any correspondence sent to the parents and any responses received, and

(3) detailed records of visits made to the parents' home or place(s) of employment and the results of those visits.

b. An IEP meeting may be conducted without a parent in attendance only when the parents cannot be convinced that they should attend following a minimum of two attempts to arrange a mutually convenient meeting. If these attempts to gain the parents' participation are not successful, the meeting will be conducted as scheduled.

c. When the parents are not in attendance, within ten calendar days following the meeting a copy of the IEP/LRE (least restrictive environment) forms must be provided to the parents.

d. The school district/agency shall take whatever action is necessary to ensure that the parents understand the proceedings at the IEP meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

10. Development, Review, and Revision of IEP

a. In developing each student's IEP, the team must consider the strengths of the student and the concerns of the parents for enhancing the education of their child, the results of the initial or most recent evaluation of the student, and the results of the student's performance on any general statewide or districtwide assessments, as appropriate.

b. The IEP team must document the consideration of the following special factors:

(1) In the case of a student whose behavior impedes his or her learning or that of others, the team must consider, as appropriate, approaches including positive behavioral interventions, strategies, and supports to address that behavior.

(2) In the case of a student with limited English proficiency, the team must consider the language needs of the student as these needs relate to his or her IEP.

(3) In the case of a student who is blind or visually impaired, the team must provide for instruction in braille and in the use of braille unless the team determines--after an evaluation of the student's reading and writing skills, his or her needs with regard to the appropriate reading and writing media, including an evaluation of his or her future need for instruction in braille or the use of braille--that instruction in braille or the use of braille is not appropriate for the student.

In accordance with S.C. Code Ann. Section 59-34-40 (Supp. 2000), instruction in braille reading and writing must be sufficient to enable each legally blind student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level. The student's IEP must specify

(a) the results obtained from the assessment required in Section 59-34-30,

(b) how braille will be implemented as the primary mode for learning through integration with other classroom activities,

(d) the length of the period of instruction and the frequency and duration of each instructional session, and

(e) the level of competency in braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used.

If a decision has been made with respect to the assessment that braille instruction or use is not required for the student, then a description of the evidence used to determine that the absence of braille instruction or use will not impair the student's ability to read and write effectively must be included.

(4) The team must consider the communication needs of the student and, in the case of a student who is deaf or hard of hearing, must consider the student's language and communication needs, opportunities for the student to have direct communications with peers and professional personnel in his or her language and communication mode, the student's academic level, and the student's full range of needs, including opportunities for direct instruction in his or her language and communication mode.

(5) The team must consider whether the student requires assistive technology devices and services.

c. In conducting a meeting to review and if appropriate revise a student's IEP, the team must consider the factors as stated previously in this section of these regulations. If in considering these factors, the team determines that a student needs a particular device or service including an intervention, accommodation, or other program modification in order for the student to receive a FAPE, the team must include a statement to that effect in the student's IEP.

d. The IEP team is not required to include information under one component of a student's IEP that is already contained under another component.

11. Content of the IEP

A draft IEP that has been labeled as a draft may be prepared by the school district/agency prior to the meeting. It must be made clear to the parents and other participants that the draft IEP has been prepared for discussion purposes only and may be revised during the meeting. The IEP for each student with a disability must include the following components:

a. The month, day, and year that the IEP will be initiated (beginning date for the IEP services and modifications). Appropriately completed IEPs must be implemented within seven calendar days following the IEP meeting for students initially entering a program of special education or for students whose placement has been changed, except when the meetings occur immediately prior to or during the summer or other vacation periods.

b. The anticipated date (month, day, and year) that the IEP is to be completed.

c. The anticipated date (month, day, and year) of the IEP annual review meeting.

d. The anticipated frequency, location, and duration of the services and modifications included in the IEP.

e. A statement of the present levels of educational performance, including how the student's disability affects his or her involvement and progress in the general curriculum (i.e., the same curriculum as for students without disabilities) or, for a preschool child as appropriate, how the disability affects his or her participation in appropriate activities.

f. A statement of measurable annual goals, including short-term objectives/benchmarks related to

(1) meeting the student's needs that result from his or her disability for each annual goal to enable the student to be involved in and progress in the general curriculum (i.e., the same curriculum as for students without disabilities) and

(2) meeting each of the student's other educational needs that result from his or her disability.

g. A statement explaining the methods by which the student's progress toward the annual goals will be measured and how the student's parents will be regularly informed--at least as often as the parents of students without disabilities are informed--regarding the student's progress toward the annual goals and the extent to which that progress is sufficient to enable the student to achieve the goals by the end of the year.

h. The type of physical education (P.E.) to be provided, such as regular P.E. for nondisabled students, modified/adapted P.E. for nondisabled students, specially designed P.E., or P.E. in separate facilities. If the student has completed the requirements for P.E. or is medically exempt from P.E., the IEP team must reflect this fact in the designated space in the IEP. If minor modifications are required in order for the student to be able to participate in the regular P.E. program, these modifications must be described in the IEP. In cases where the student requires specially designed P.E. or P.E. in separate facilities, the program must be addressed in all applicable areas of the IEP, including present levels of performance, annual goals, short-term objectives/benchmarks, and the services to be provided.

i. The type of career and technical education to be provided to the student, such as general career and technical education for nondisabled students, modified/adapted career and technical education for nondisabled students, or specially designed career and technical education. Equal access to the full range of career and technical programs must be provided to students with disabilities in the LRE. Career and technical education programs and activities must be included, whenever appropriate, as a component of the IEP and must be planned through coordination with representatives of career and technical education and special education. Career and technical education must always be addressed in the IEP, even if "N/A" is appropriate, for those students who are fifteen years of age or in the ninth grade, whichever has occurred first. If minor modifications are required in order for the student to be able to participate in the general career and technical education program, the modifications must be described in the IEP. In cases where the student requires specially designed career and technical education, the program must be addressed in all applicable areas of the IEP, including present levels of performance, annual goals, short-term objectives/benchmarks, and the services to be provided.

j. A statement of the transition-service needs that focuses on the course of study, such as participation in advanced placement courses or in a career and technical educational program, for each student with a disability who has reached the age of fourteen or who will reach fourteen during the implementation period of the IEP--and for a younger student, if it is determined appropriate by the IEP team. This statement must be updated annually. A statement of the needed transition services must be included for each student who has reached the age of sixteen or will reach sixteen during the implementation period of the IEP--and for a younger student, if it is determined appropriate by the IEP team. This statement must be updated annually. A statement of the interagency responsibilities or any needed linkages must be included, if appropriate.

k. A statement that the student has been informed of the rights that will transfer to him or her on reaching the age of majority, beginning at least one year before the student reaches the age of eighteen. Also included in the IEP must be a statement explaining that the parents have been informed that the rights will be transferred to the student (unless the probate court has determined the student to be incompetent) but that the parents shall continue to receive required parent notices.

l. A statement that the appropriateness of ESY services has been determined. If ESY program/services are determined to be required, an IEP team must develop an addendum to an IEP that specifies the ESY services. The ESY addendum must include the following components:

(1) the annual goals and short-term objectives/benchmarks from the student's current IEP that will be continued during the extension of the school year;

(2) the type of special education and related services to be provided, the location of these services, the amount of time to be spent in special education, and the projected beginning and ending dates of the extended services; and

(3) the type of transportation to be provided, if necessary.

m. A statement as to whether the student will be subject to the rules/guidelines as outlined in a school's student handbook. Any adaptations that the IEP team has determined necessary must also be explained.

n. A statement as to whether the student will work toward a state-issued diploma or a certificate.

o. A statement that the student must participate in the regular statewide and districtwide testing programs. All students with disabilities are required to participate in the testing program or in an alternate assessment. The IEP team must determine whether the student will participate in statewide alternate assessments based on the participation criteria. Any individual accommodations and/or modifications in the administration of statewide or districtwide assessments of student achievement that are needed in order for the student to participate in the assessment must also be included in the IEP. If the IEP team determines that the student cannot participate in a particular statewide or districtwide student-achievement assessment, a statement of why that assessment is not appropriate for the student and how the student will be assessed must be included in the IEP.

p. A statement as to whether the student requires promotion/retention standards that are different from those that nondisabled students must meet. If alternative promotion/retention standards are necessary, the IEP team must describe the alternative goals and promotion standards that are applicable for the student.

q. A statement of the decisions regarding related services, if appropriate, that have been made during the IEP meeting. The need for related services (e.g., mental health services including psychological counseling, physical therapy, occupational therapy) must be determined by the IEP team. All related services that are needed to enable the student to benefit from special education must be listed in the IEP. These services must be provided at no cost to the student or to his or her parents. Each related service and the amount of time the service must be provided must also be stated in the IEP. Related services must be addressed, even if "N/A" or "None" is appropriate. Changes in the amount of time allotted to each service listed in the IEP may be made only through another IEP meeting. Goals, objectives/benchmarks, and present levels of performance are required for all related services other than routine or maintenance types of related services (e.g., daily minibus transportation), which require descriptions of the service(s) to be provided. Goals, objectives/benchmarks, and present levels of performance are required, however, for all related services involving any type of instructional activity provided to the student (e.g., learning to control his or her behavior on the bus, learning to self-catheterize).

r. A statement describing the specific special education and related services, program modifications/supports, and supplementary aids and services to be provided to the student or on behalf of the student. The IEP must also include a description of the program modifications or supports for school personnel that must be provided to the student to enable him or her to

(1) advance appropriately toward attaining the annual goals,

(2) be involved and progress in the general curriculum in accordance with the present levels of educational performance,

(3) participate in extracurricular and other nonacademic activities, and

(4) be educated and participate with other students with disabilities and nondisabled students in appropriate activities.

The IEP team must indicate the frequency and location of each supplementary service, program modification/supports, or aid to be provided. The school district/agency must ensure that assistive technology devices or assistive technology services, or both, are made available to a student with a disability, if required, as a part of his or her special education, related services, or supplementary aids and services. On a case-by-case basis, the use of school-purchased assistive technology devices in a student's home or in other settings is required if the student's IEP team determines that the student needs access to those devices in order to receive a FAPE.

s. A statement as to the extent (e.g., hours per week, periods per week) to which the student will participate in academic, nonacademic, and extracurricular activities in the general educational environment. The amount of time the student will spend in the special education program must also be stated in the IEP in terms of hours per week or periods per week.

12. Students with Disabilities Convicted as Adults and Incarcerated in Adult Prisons

There is no requirement that a FAPE must be provided to any student between the ages eighteen and twenty-one who, in his or her last educational placement prior to incarceration in an adult correctional facility, did not have an IEP under this section of these regulations. The IEPs of students incarcerated in an adult correctional facility need not relate to the requirements of IDEA relating to participation of students with disabilities in general assessments. The requirements of IDEA relating to transition planning and transition services do not apply to students whose eligibility under these regulations will end because of their age before they are eligible to be released from prison based on consideration of their sentences and eligibility for early release.

The IEP team of a student with a disability who is convicted as an adult under state law and incarcerated in an adult prison may modify the student's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

13. Agency Responsibilities for Transition Services

If a participating agency, other than the school district/agency, fails to provide the transition services described in the IEP in accordance with the transition requirements in this section of these regulations, the school district/agency must reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP. Nothing in this section of these regulations relieves any participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

14. Private School Placements by Public Agencies

a. For students with disabilities placed by a school district in a private school, the school districts must conduct meetings to develop the IEPs prior to the provision of special education/related services by the private schools to the students. Before a school district places a student with disabilities in a private school, the school district must initiate and conduct a meeting to develop the IEP prior to the delivery of special education/related services by the private school. The school district must ensure that an appropriate representative from the private school where the student is enrolled participates in the development of the IEP and annual review.

b. After a student with disabilities is placed in a private school by the school district, any meetings to review or revise the student's IEP may be initiated by the private school at the discretion of the school district, provided that the parents and a school district representative are involved in the decision-making process and agree to any proposed changes in the program before these changes are implemented. The responsibility for compliance with these requirements remains with the school district.

c. For a student with disabilities enrolled in a private or parochial school and receiving special education and related services, as appropriate, from a school district, the school district where the student is a legal resident has the responsibility for initiating and conducting meetings to develop, review, and revise the IEP. The school district shall be responsible for ensuring the participation of private school representatives in these meetings.

15. IEPs for Students Transferring from One School District to Another

When a student has transferred from one school district to another, the receiving school district must ensure that special education and related services, as appropriate, are available to the student in conformity with an IEP. An IEP meeting must be conducted to review and revise the student's IEP, as appropriate, as soon as possible but not later than seven calendar days after the parents enroll the student in the receiving school district. The receiving school district must ensure that the student has an IEP in effect before the school district can provide special education and related services. The receiving school district may meet this responsibility either by adopting the IEP the former school district developed for the student or by developing a new IEP for the student. Before the IEP is finalized, the receiving school district may provide interim services agreed to by the parents and by the receiving school district. If the parents and the receiving school district are unable to agree on an interim IEP and placement, the receiving school district must implement the old IEP to the extent possible until a new IEP is developed. There must be no delay in providing a FAPE to the student.

16. IEPs for Students Served in State-Operated Programs

a. When a student with a disability is provided special education and related services by any public agency of the State, an IEP must be in effect before special education and related services are provided.

b. State-operated programs having educational responsibility must develop IEPs for all students with disabilities under their jurisdiction. When a school district initiates placement in a state-operated program having education responsibility and the state-operated program accepts jurisdiction, however, the state-operated program must assume responsibility for the review/revision of the current IEP involving the school district initiating placement.

c. When a student with a disability formerly served by a state-operated program transfers to a school district, the school district is responsible for involving appropriate personnel from the state-operated program for the review/revision of the student's IEP.

d. In those instances where a school district maintains educational responsibility for a student with a disability and contracts with a state-operated program for service delivery, the school district is responsible for the initial development and subsequent reviews of the IEP.

e. When a student with a disability is placed in a state-operated program not having educational responsibility, the IEP must be developed by the student's home school district and must be in effect before special education and related services are provided. The home school district must assume responsibility for subsequent reviews/revisions of the IEP and must involve the state-operated program.

17. IEP Accountability

a. Each school district/agency must provide special education and related services to a student with a disability in accordance with the student's IEP and must make a good faith effort to assist the student to achieve the goals and objectives/benchmarks listed in the IEP.

b. Each school district/agency must provide special education and related services to a student with a disability in accordance with an IEP. The school district/agency, teacher, or other person, however, may not be held accountable if a student does not achieve the growth projected in the annual goals and objectives/benchmarks.

H. Procedural Safeguards

1. The SDE must ensure that each school district/agency establishes, maintains, and implements procedural safeguards that meet the requirements of Part B of the IDEA and the regulations in this section.

a. Opportunity to Examine Records and Parent Participation in Meetings

In accordance with Part B of the IDEA and the requirements in the section of these regulations titled "Confidentiality of Personally Identifiable Information," the parents of a child with a disability must be afforded an opportunity to

(1) inspect and review all education records with respect to the identification, evaluation, and educational placement of the student and to the provision of a FAPE for the student and

(2) participate in meetings with respect to the identification, evaluation, and educational placement of the student and to the provision of a FAPE for the student.

b. Parent Participation in Meetings

The school district/agency must provide notice to ensure that parents of students with disabilities have the opportunity to participate in meetings. It shall be the responsibility of the district/agency to

(1) Notify parents of the meeting early enough to ensure that they will have an opportunity to attend (at least seven calendar days prior to the meeting, except in the instance of a notification to an expedited hearing, which must be at least two business days prior to the expedited hearing). A copy of the communication delivered to each parent, legal guardian, or surrogate parent must be maintained in the student's folder.

(2) Notify parents of their right to schedule the meeting at a mutually agreed-upon time and place. The purpose, time (including date and hour), and location of the meeting and the persons who will be in attendance (names and specific positions) must also be included in the notification.

c. Parent Involvement in Placement Decisions

(1) The school district/agency must ensure that the parents of each student with a disability are members of any group that makes decisions on the educational placement of their child. If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the school district/agency must use other methods to ensure their participation, such as individual or conference telephone calls.

(2) A placement decision may be made by an IEP team without the involvement of the parents if the school district/agency is unable to obtain the parents' participation in this decision. In this case, the school district/agency must have a record of its attempts to ensure parental involvement at a mutually agreed-upon time and place, such as

(a) detailed records of telephone calls made or attempted and the results of those calls;

(b) copies of correspondence sent to the parents and any responses received; and

d. The school district/agency must take whatever action is necessary to ensure that the parents understand and are able to participate in any group discussions relating to the educational placement of their child, including arranging for an interpreter for parents with deafness or whose native language is other than English.

2. Independent Educational Evaluation

a. Parents must be informed of their right to obtain an independent educational evaluation if they disagree with the evaluation obtained by the school district/agency as specified in the full explanation of procedural safeguards (listing of parental rights) included in section B, part 13, "Definitions." The parents must be provided a list of places to obtain an independent educational evaluation upon request as well as the school district's/agency's criteria for obtaining educational evaluations at public expense.

b. If a due process hearing is held to determine if the school district/agency is responsible for reimbursement of an independent educational evaluation already obtained by the parent, the school district/agency may not be held responsible if it demonstrates that the evaluation does not meet school district/agency criteria. When a parent requests an independent educational evaluation at public expense, the school district/agency must, without unnecessary delay, either initiate a due process hearing to show that its evaluation is appropriate or ensure that an independent educational evaluation is provided at public expense.

c. If the final decision is that the school district's/agency's evaluation is appropriate, the parent still has the right to obtain an independent educational evaluation but not at public expense.

d. If a parent requests an independent educational evaluation, the school district/agency may ask the parent to explain the reason why he or she objects to the school district's/agency's evaluation. An explanation by the parent may not be required, however, and the school district/agency may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the school district's/agency's evaluation.

e. If the parent obtains an independent educational evaluation at private expense, the results of the evaluation must be considered by the school district/agency in any decision made with respect to the provision of a FAPE for the student and may be presented as evidence at a hearing regarding the student.

f. If a due process hearing officer requests an independent educational evaluation as part of the hearing, the cost of the evaluation shall be at public expense.

g. Whenever an independent educational evaluation is obtained at public expense, the criteria under which the evaluation is conducted, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria the school district/agency uses when it initiates an evaluation. Other than these criteria, the school district/agency must not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

3. Prior Notice by the School District/Agency and Content of Notice

a. Notice

Written notice that meets the requirements of the following section titled "Content of Notice" must be given to the parents of a student with a disability at least seven calendar days before the school district/agency proposes to initiate or change the identification, evaluation, or educational placement of the student or the provision of a FAPE to the student. Written notice must also be given to parents if the school district/agency refuses to initiate or change the identification, evaluation, or educational placement of the student or the provision of a FAPE to the student. If the notice relates to an action proposed by the school district/agency that also requires parental consent, the notice may be given at the same time parental consent is requested.

b. Content of Notice

The written notice must include the following:

(1) A description of the action proposed or refused by the school district/agency.

(2) An explanation of why the school district/agency proposed or refused to take the action.

(3) A description of any other options considered and reasons why these options were rejected.

(4) A description of each evaluation procedure, test, record, or report the school district/agency used as a basis for the proposal. Procedures include broad areas of assessment--such as physical, language, social, behavioral, emotional, achievement, and intellectual abilities--and the types of professionals involved in administering the tests or collecting the information.

(5) Either a full explanation of all procedural safeguards (listing of parental rights) or both of the following:

(a) a statement that the parents of a student with a disability have protection under the procedural safeguards of the IDEA and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained and

(b) a list of sources for parents to contact to obtain assistance in understanding the provisions of the IDEA.

c. Notice in Understandable Language

The full explanation of procedural safeguards (listing of parental rights) and all notices to parents of students with disabilities must be

(1) Written in a language that is understandable to the general public.

(2) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly unfeasible to use that language or any mode of communication. If the native language or other mode of communication of the parent is not a written language, the school district/agency must ensure that

(a) the notice is translated orally or by other means to the parent in his or her native language or other mode of communication,

(b) the parent understands the content of the notice, and

4. Procedural Safeguards Notice

a. A copy of the full explanation of all of the procedural safeguards (listing of parental rights) available to the parents of a student with a disability must be given to the parents at a minimum upon

(1) the initial referral for evaluation,

(2) each notification of an IEP meeting,

(3) reevaluation of the student, and

(4) the receipt by the school district/agency of a request for a due process hearing under the IDEA.

b. The procedural safeguards notice must include a full explanation of all the procedural safeguards specified in the definition of "full explanation of procedural safeguards" (listing of parental rights) in section B, part 13, "Definitions." This notice must meet the requirements specified in the previous section titled "Notice in Understandable Language."

5. Parental Consent

a. Informed parental consent must be obtained before

(1) An initial evaluation or reevaluation can be conducted.

(2) An initial provision of special education and related services to a student with a disability.

(3) A change in placement that is either a change in the category of disability or in the program model and not dismissal from a program of special education. This informed consent need not be obtained, however, if the school district/agency can document that it has taken reasonable measures to obtain consent but the student's parents have failed to respond. Parents must be provided a minimum of two notifications requesting they sign the permission for change of placement. If the parents do not respond following a minimum of two notifications, the school district/agency may not implement the change of placement for a period of ten days following the second notification.

b. Parental consent is not required before

(1) a review of existing data can be conducted as part of an evaluation or a reevaluation and

(2) a test or other evaluation that is administered to all students, unless consent is required of the parents of all students before administration of that test or evaluation.

c. Prior parental consent for evaluation must be obtained when students are singled out to receive selective screening or evaluation instruments such as formal and standardized assessments beyond mass screening. Procedural safeguards requirements, including provision to parents of a listing of all parental rights, must be implemented at this time. Parental consent is not required for routine mass screening for vision, hearing, and speech, even when used for staffing decisions. Permission for the intervention process is not required, but parents must be given the opportunity to participate in the process. When the intent is that observations completed during the intervention process are to be used in evaluating a student for a program of special education, due process requirements under the IDEA must be implemented.

d. If the parents of a student with a disability refuse consent for initial evaluation or a reevaluation, the school district/agency should determine on a case-by-case basis whether to pursue the evaluation by using the due process hearing procedures or the mediation procedures specified in this document, if appropriate.

e. The school district/agency may not use a parent's refusal to consent to one service or activity to deny the parent or student any other service, benefit, or activity of the school district/agency, except as stipulated in this document.

6. Mediation

a. Mediation is available to allow parties to resolve disputes when the school district/agency proposes or refuses to initiate or change the identification, evaluation, or educational placement of the student or the provision of a FAPE for a student. Mediation shall be offered whenever a due process hearing is requested.

b. Procedures have been established to ensure that the mediation process is

(1) voluntary on the part of the parties,

(2) not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under federal and state requirements,

(3) conducted by an impartial mediator who has been trained by the SDE in effective mediation techniques and is included on the list maintained by the SDE of persons who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services,

(4) conducted by an impartial mediator who has been selected either on a random basis, a rotational basis, or with both parties involved in selecting the mediator and agreeing with the selection of the individual who will mediate, and

(5) scheduled in a timely manner and held in a location that is convenient to the parties in the dispute.

c. The State shall bear the cost of the mediation process by directly paying for the training of all mediators and flowing through IDEA, Part B funds that may be used for all aspects of the mediation process, including the cost of meetings to encourage mediation.

d. The agreement reached by the parties to the dispute in the mediation process must be set forth in a written mediation agreement.

e. Discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings. The parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of the process.

f. An individual who serves as a mediator must not

(1) be an employee of the school district or any state agency that provides a FAPE for students with disabilities or

(2) have a personal or professional conflict of interest.

g. A person who otherwise qualifies as a mediator is not to be considered an employee of a school district or state agency solely because he or she is paid by the school district/agency to serve as a mediator.

h. A school district/agency may establish procedures to require parents who elect not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested party

(1) who is under contract with a parent training and information center or community parent resource center in the State established under the IDEA or an appropriate alternative dispute resolution entity and

(2) who would explain the benefits of the mediation process and encourage the parents to use the process.

These procedures may not be used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under federal and state regulations.

7. Due Process Hearings

a. The parents or the school district/agency may initiate a due process hearing if the district/agency should propose to initiate or change any matter relating to the identification, evaluation, or educational placement, or the provision of a FAPE to the child and if the district/agency should refuse to initiate or change any of these circumstances.

b. The hearing must be conducted by the school district/agency that is directly responsible for the education of the student. When a child with a disability is placed in a school district/agency that does not have educational responsibility for him or her and a due process hearing becomes necessary, the hearing is the responsibility of the student's home school district and must be conducted in accordance with these procedures.

c. When a due process hearing is initiated under this section, the school district/agency must inform the parents of the availability of mediation.

d. When a hearing is initiated, the coordinator of Programs for Children with Disabilities must notify the parents by certified mail, return receipt requested, on the same day that the request for the hearing is submitted to an impartial due process hearing officer. The notice to parents shall contain

(1) a list of agencies/organizations in the community where free/low cost legal and other relevant services may be available to parents who request the information or at any time when either the parents or the school district/agency initiates a due process hearing;

(2) a copy of the original notice requesting permission for the proposed action, as well as a statement as to the reason that the hearing is being requested;

(3) a statement that school files, reports, and records pertaining to the student must be made available for inspection and copying, consistent with the school district's/agency's procedures concerning confidentiality;

(4) a detailed description of all the rights regarding procedures at the due process hearing;

(5) a statement of the parents' right to appeal the decision resulting from the due process hearing; and

(6) the statement that "In any action or proceeding brought under this subsection, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to the parents or guardian of a child or youth with a disability who is the prevailing party."

e. Funds under the IDEA may not be used to pay attorneys' fees.

f. When parents initiate a hearing on the proposal/refusal to change or to initiate the identification, evaluation, or educational placement of the student or the provision of a FAPE to the student, the parent of a student with a disability or the attorney representing the student must provide notice, which shall remain confidential, to the school district/agency. The notice must include the following:

(1) the name of the student,

(2) the address of the residence of the student,

(3) the name of the school the student is attending,

(4) a description of the student's problem as it relates to the proposed change or initiation, including the facts surrounding the problem, and

(5) a proposed resolution to the problem to the extent known and available to the parents at the time.

g. A model form developed by the SDE shall be provided to parents to assist them in filing a request for a due process hearing that includes the required information.

h. The school district/agency must not deny or delay a parent's right to a due process hearing for his or her failure to provide notice that includes the required information.

8. Impartial Due Process Hearing Officers

The school district/agency shall procure persons to serve as impartial due process hearing officers for due process hearings conducted at the local level.

a. Only persons trained by the SDE may conduct hearings for the school district/agency.

b. Persons who have formerly been employed by the school district/agency are not considered eligible.

c. A due process hearing officer will be selected without regard to race, sex, creed, or category of disability.

d. The school district/agency will require each person agreeing to serve as a due process hearing officer to sign a statement verifying that he or she meets the required qualifications:

(1) A due process hearing officer must be at least twenty-one years of age and must hold either a high school diploma or an equivalent credential.

(2) A due process hearing officer must be unbiased toward or against any party involved in the hearing.

(3) A due process hearing officer must have no personal or professional conflict of interest.

(4) A due process hearing officer shall not be an officer, agent, school board official, or employee of the school district/agency that is involved in the education or care of the student. A person who otherwise qualifies to conduct a hearing is not to be considered an employee of the school district/agency solely because he or she is paid by the school district/agency to serve as a due process hearing officer.

e. Each school district/agency must keep a list of the persons who serve as due process hearing officers and must maintain signed statements of their qualifications, in addition to statements of pertinent information such as verification that the person is over the age of twenty-one, the level of education he or she has attained, and the person's current occupation or former occupation if retired.

f. If the parents should raise an objection and provide a reason concerning a potential bias or a personal or professional conflict with regard to the due process hearing officer who has been appointed by the school district/agency, the school district/agency must go to the next name on the list of persons who serve as due process hearing officers for the school district/agency. If the school district/agency has exhausted all of the names on its list and the parents and school district/agency are still unable to reach an agreement regarding the due process hearing officer, then a due process hearing officer will be appointed by the SDE from the supplemental list maintained by the SDE.

9. Hearing Rights

a. Procedures Prior to the Hearing

(1) The school district/agency must submit the request for a due process hearing to an impartial due process hearing officer within ten calendar days after it receives that request, and it must notify the parents of all items specified in the sections of these regulations titled "Due Process Hearings," and "Prior Notice by the School District/Agency and Content of Notice."

(2) Within five calendar days after receiving the request for a hearing, the due process hearing officer will notify the parties of the time, date, and location of the hearing. The school district/agency will provide assistance to the due process hearing officer, if necessary, concerning the acquisition of a meeting room and any secretarial assistance needed. The notification will be provided twenty calendar days prior to the scheduled date of the hearing, which will be conducted at a time, date, and location reasonably convenient to the parents and the student involved. The notice shall inform the parties of the following:

(a) their right to be accompanied and advised by counsel and by individuals with special knowledge or training with regard to the problems of students with disabilities;

(b) their right to present evidence, confront, cross-examine, and compel the attendance of witnesses;

(c) their right to prohibit the introduction of any evidence that has not been disclosed to them at least five calendar days prior to the hearing;

(d) their right to obtain a written transcript--or, at the option of the parents, an electronic verbatim transcript--of the hearing (at no cost to the parents);

(e) their right to obtain a written transcript--or, at the option of the parents, an electronic verbatim transcript--of the findings of fact and the decisions made at the hearing (at no cost to the parents);

(f) the parents' right to have present the student who is the subject of the hearing; and

(g) the parents' right to open the hearing to the public (otherwise, hearings will be closed).

(3) At least five business days prior to a hearing described in this section, each party must disclose to all other parties all evaluations completed by that date and recommendations based on the evaluations that the party intends to use at the hearing. A due process hearing officer may bar any party who fails to comply with this paragraph from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

b. Placement during the Pendency of the Proceedings

(1) The student will remain in his or her present educational placement unless all parties agree otherwise.

(2) If the due process hearing involves the student's initial admission to public school, the student, with the consent of the parents, must be placed in the public school program until the completion of all the proceedings.

(3) If the student is dangerous to him- or herself or to others and the parents do not agree for the student to be removed from the present educational placement, the school district/agency can seek injunctive relief through the courts or through an expedited due process hearing to have the student removed.

(a) If the decision of the due process hearing officer in an expedited due process hearing or the decision of a review official in an administrative appeal agrees with the school district/agency that a change of placement is appropriate, that placement must be treated as an agreement between the school district/agency and the parents and the student must be placed in an interim alternative educational setting.

(b) If the decision of the due process hearing officer in an expedited due process hearing or the decision of a review official in an administrative appeal is in favor of the parent, however, the student shall remain in the present educational placement unless all parties agree otherwise.

c. A due process hearing shall be conducted in accordance with the following requirements:

(1) Within forty-five calendar days after the school district/agency receives a request for or initiates a due process hearing, a final decision must be reached and the parties shall be notified in accordance with the following procedure. The due process hearing officer, however, may grant specific extensions of time requested by all parties beyond the forty-five-day time period.

(2) The due process hearing officer shall have the power to subpoena.

(3) The due process hearing officer shall preside at the hearing and conduct the proceedings in a fair and impartial manner.

(4) All parties involved in the hearing must have an opportunity to present evidence and testimony.

(5) The parent and the school district/agency may have legal counsel and witnesses present at the hearing.

(6) The hearing shall be closed to the public unless the parent requests an open hearing.

(7) The parent and the school district/agency and their respective representatives shall have the right to present evidence and testimony.

(8) The parent and the school district/agency and their respective representatives shall have an opportunity to confront and question all witnesses at the hearing.

(9) A court reporter shall be available to create an official transcript of the hearing, unless the parties agree in writing that an audiotape of the hearing shall be made instead.

(10) Interpreters shall be provided at no cost, as warranted, for parents whose primary language is other than English or who are unable to communicate through normal modalities.

d. Due Process Hearing Officer Decisions

(1) Within five calendar days after the hearing, the due process hearing officer shall issue a decision in accordance with the following requirements:

(a) The decision must be in writing and must be transmitted by certified mail to the parent and to the school district/agency.

(b) The due process hearing officer's decision must include findings of fact and conclusions and must state the reasons for these. The decision shall either approve or disapprove the proposed evaluation, placement, or change in placement, or action in question.

(c) The due process hearing officer must make an independent decision based solely on evidence and testimony presented at the hearing.

(d) The due process hearing officer's decision must include a statement of all parties' right to an appeal to the SDE.

(e) The due process hearing officer's decision must provide notice that includes a statement that if any party disagrees with the decision an SDE appeal/impartial review may be initiated within ten calendar days of receiving notice of the decision.

(f) The due process hearing officer's decision must include a statement that each party has a right to request an extension of time in which to file a request for administrative review.

(g) The decision of the local due process hearing officer is binding on all parties, and any action directed by the due process hearing officer must be initiated immediately unless an appeal is filed.

(2) The school district/agency must transmit the local due process hearing officer's written findings of fact and decisions, after deleting personally identifiable information, to the SDE's Office of Exceptional Children for transmittal to the State Advisory Council on the Education of Individuals with Disabilities. Additionally, these findings and decisions shall be made available to the public. All documentation of the local hearing shall be maintained by the school district/agency.

e. Administrative Appeals/Impartial Review

(1) A request for an appeal to the SDE may be initiated by any party for an impartial review of the decision resulting from a due process hearing at the local level within ten calendar days after the decision is rendered and received.

(2) Any party filing an appeal with the SDE must notify the other parties of the appeal and provide a copy of the appeal, including written arguments, to the other parties.

(3) The state-level administrative reviewing officer has the authority to grant a request for a specific extension of time in which to file a written administrative review request.

(4) A request for an extension of time in which to file an administrative review (beyond the ten-day time limit) must be made in writing to the director of the Office of Exceptional Children, who shall submit such request to the state-level administrative reviewing officer.

(5) Within ten calendar days of receiving a request for an extension of time for filing an administrative review request, the state-level administrative reviewing officer may grant such a request for good cause shown. The concept of "good cause" is not exhaustive; however, it shall not include negligence or a matter of low priority in filing the request for a review.

(6) The state-level administrative reviewing officer may not grant an extension of more than twenty days beyond the original ten-day timeline.

(7) An appeal directed to the SDE must be in written form. If parents are unable to communicate through written notice, the school district/agency must provide assistance in this regard.

(8) An appeal submitted to the SDE must include a written transcript, which the school district/agency must provide at no cost to the parents.

(9) An appeal must include a statement of the local hearing officer's decision following the hearing conducted at the local level, the specific points being appealed, and copies of all items entered as evidence. If the school district/agency is appealing the decision, the school district/agency must provide the names and addresses of the parents. The party filing the appeal may also include a written argument along with the request for an administrative appeal. When parents appeal the decision of the local due process hearing officer, the school district/agency must provide a copy of the local due process hearing officer's decision and copies of all items entered as evidence at the local level.

(10) Should the school district/agency appeal the decision of the local due process hearing officer to the SDE's Office of Exceptional Children, the school district/agency is responsible for ensuring that the required procedures concerning an appeal are carried out. Additionally, the school district/agency must maintain all documentation concerning the appeal.

f. Administrative Review Officer

If there is an appeal from the local due process hearing officer's decision, the SDE shall conduct an impartial review of the hearing. The official conducting the review must

(1) Examine the entire hearing record.

(2) Ensure that the procedures at the hearing were consistent with the requirements of due process.

(3) Seek additional evidence if necessary. If a hearing is held to receive additional evidence, the rights in section H, part 7, "Due Process Hearings," shall apply to the hearing.

(4) Afford the parties an opportunity for oral or written argument, or both, at the due process hearing officer's discretion. Each review involving oral arguments shall be conducted at a time and place that is reasonably convenient to the parents and student involved.

(5) Make an independent decision on completion of the review.

(6) Give all parties a written copy--or, at the option of the parents, an electronic copy--of the findings of fact and decisions.

(7) Issue a final decision within thirty calendar days after the SDE receives a request for an appeal and mail a copy of the decision to all parties. However, the state-level administrative reviewing officer may--at the request of any party--grant, for cause, specific extensions of time that result in the issuance of a decision beyond the thirty-day period for administrative appeals/impartial reviews.

g. Finality of Decision/Appeal/Impartial Review

The decision of the administrative review due process hearing officer is binding on all parties, and any action directed by the due process hearing officer shall be initiated immediately unless an appeal is filed.

h. Civil Action

(1) Any party who is aggrieved by the findings and decision of the school district's/agency's proposal/refusal to initiate or change the identification, evaluation, or educational placement of the student or the provision of a FAPE to the student or is aggrieved by the findings and decision regarding the disciplinary procedures outlined under Part B of the IDEA but who does not have the right to an appeal under the disciplinary procedures of Part B of the IDEA has the right to bring a civil action with respect to the issues presented in the hearing. The action may be brought in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.

(2) Any party aggrieved by the findings and decision in an appeal of a decision by a local due process hearing officer regarding the school district's/agency's proposal/refusal to initiate or change the identification, evaluation, or educational placement of the student or the provision of a FAPE to the student has the right to bring a civil action with respect to the complaint presented pursuant to Part B of the IDEA relating to these issues. The action may be brought in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.

(3) In any action brought under this section, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party and, basing its decision on the preponderance of the evidence, shall grant the relief that the court determines to be appropriate.

(4) The district courts of the United States have jurisdiction of actions brought under Section 615 of Part B of the IDEA relating to procedural safeguards with the respect to the provision of a FAPE by school districts/agencies, without regard to the amount in controversy.

(5) Nothing in this part restricts or limits the rights, procedures, and remedies available under the U.S. Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, and other federal laws protecting the rights of children with disabilities. Before a party files a civil action under these laws seeking relief that is also available under Section 615 of Part B of the IDEA, the procedures for due process hearings and appeals under both the State and federal regulations regarding the school district's/agency's proposal/refusal to initiate or change the identification, evaluation, or educational placement of the student, the provision of a FAPE to the student, or the disciplinary procedures must be exhausted to the same extent as would be required had the action been brought under Section 615 of Part B of the IDEA.

10. Attorneys' Fees

a. In any action or proceeding brought under Section 615 of Part B of the IDEA (procedural safeguards), the court, in its discretion, may award reasonable attorneys' fees as part of the costs to the parents of a student with a disability who are the prevailing parties. Funds under Part B of the IDEA may not be used to pay attorneys' fees or costs of a party related to an action or proceeding under Section 615 of Part B of the IDEA.

b. A court awards reasonable attorneys' fees under Section 615(i)(3) of Part B of the IDEA consistent with the following:

(1) Fees awarded under the IDEA must be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this subsection.

(2) Attorneys' fees may not be awarded and related costs may not be reimbursed in any action or proceeding for services performed subsequent to the time of a written offer of settlement to a parent if all of the following occur:

(a) The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than ten days before the proceeding begins.

(b) The offer is not accepted within ten days.

(c) The court or administrative due process hearing officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement.

(3) According to Section 615 of Part B of the IDEA, attorneys' fees may not be awarded relating to any meeting of the IEP team unless the meeting is convened as a result of an administrative proceeding or judicial process.

(4) Notwithstanding the paragraph on prohibition of attorneys' fees in this section, an award of attorneys' fees and related costs may be made to a parent who is the prevailing party and who was substantially justified in rejecting the settlement offer.

(5) Except as provided in this section, the court reduces accordingly the amount of the attorneys' fees awarded if the court finds that any of the follow occurs:

(a) The parent, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy.

(b) The amount of the attorneys' fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience.

(d) The attorney representing the parent did not provide to the school district/agency the appropriate information in the due process complaint in accordance with this section.

(6) The provisions regarding reduction of amount of attorneys' fees do not apply in any action or proceeding if the court finds that the State or school district/agency unreasonably protracted the final resolution of the action or proceeding or if there was a violation of Section 615 of Part of B of the IDEA.

11. Student's Status during Proceedings

a. Except as provided in Part B of the IDEA, during the pendency of any administrative or judicial proceeding under section VIII, part G, "Due Process Hearings," unless the State or school district/agency and the parents of the student agree otherwise, the student must remain in his or her current educational placement.

b. If the administrative or judicial proceeding involves an application for initial admission to a school district/agency, the student with the consent of the parents must be placed in the school district/agency until the completion of the proceedings.

c. If the decision of a due process hearing officer in a due process hearing conducted by a state review official in an administrative appeal agrees with the student's parents that a change of placement is appropriate, that placement must be treated as an agreement between the State or the school district/agency and the parents for the purposes of this section of these regulations.

12. Investigation of Complaints

a. Filing a Complaint

(1) The complaint must include a statement that the school district/agency has violated a requirement of Part B of the IDEA, state law, or State Board of Education regulations and the facts on which the statement is based.

(2) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received by the SDE, unless a longer period is reasonable because the violation is continuing or the individual or organization is requesting compensatory services for a violation that occurred not more than three years prior to the date the complaint is received by the SDE.

(3) If a written complaint is received that is also the subject of a due process hearing relating to either the school district's/agency's proposal or refusal to initiate or change the identification, evaluation, or educational placement of the student, the provision of a FAPE to the student, or the disciplinary procedures under Part B of the IDEA--or if the written complaint contains multiple issues, of which one or more are a part of that hearing--the State must set aside any part of the complaint that is being addressed in the due process hearing, until the conclusion of the hearing. Any issue in the complaint, however, that is not a part of the due process action must be resolved using the procedures described in this section of these regulations.

(4) If an issue is raised in a complaint filed under this section of these regulations that has previously been decided in a due process hearing involving the same parties, the hearing officer decision is binding and the SDE must inform the individual or organization filing the complaint to that effect.

(5) A complaint alleging a school district's/agency's failure to implement a due process hearing must be resolved by the SDE.

b. Complaint Process

(1) After receiving an initial complaint from an individual or organization, the SDE will notify the school district's/agency's coordinator of Programs for Children with Disabilities and/or superintendent by telephone to

(a) report the nature of the initial complaint,

(b) obtain information regarding the school district's/agency's efforts to resolve the problem area, and

(c) inform the school district/agency that the complaint is being mailed to the district, and that following the school district's/agency's receipt, the school district/agency must respond to the SDE.

(2) Information copies of the written correspondence relative to the complaint will be sent to the individual or organization filing the complaint when they are mailed to the school district/agency. When a complaint is received and a determination is made that it is not a violation of Part B of the IDEA, state law, or State Board of Education regulations, the Office of Exceptional Children will notify all parties of the fact that it is not a violation.

(3) When the school district/agency responds to the complaint, which should describe any corrective efforts/actions that may have been taken to resolve the problem area, the SDE will forward a copy of the response to the individual or organization filing the complaint. A letter explaining that the individual or organization filing the complaint has an opportunity to submit additional information in writing about the allegations in the complaint will also be forwarded along with the response. If the SDE deems it necessary, it will conduct an on-site investigation. Additionally, staff from the SDE will meet with appropriate school district/agency personnel, if appropriate, to provide technical assistance in resolving the problem area. The SDE will issue a written decision that includes findings of facts and conclusions and the reasons for its final decision. The individual or organization filing the complaint retains the right to request a continuation of the complaint process if at any time the individual or organization finds that the school district/agency did not implement the necessary procedures to resolve the complaint. The entire complaint process shall be completed within sixty calendar days from receipt of the initial complaint. Exceptional circumstances, however, may result in an extension of the timelines set forth in these regulations.

c. Sanctions

If a complaint is not resolved or a resolved complaint must be reopened, the SDE will implement appropriate sanctions such as a delay in the release of funds to achieve resolution. The SDE will also remediate the denial of services on an individual student basis and will ensure the future provision of services to all students with disabilities.

13. Surrogate Parents

a. Determination of Need

Each school district/agency must ensure that the rights of a student are protected if any one of the following situations exists:

(1) No parent can be identified.

(2) The school district/agency, after reasonable efforts, cannot discover the whereabouts of a parent.

(3) The student is a "ward of the State," which means that he or she is 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), "legal custody" means the right to the physical custody, care, and control of a child; the right to determine where the student shall live; 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.

b. Duty of School District/Agency

(1) In an effort to determine if the parent or guardian is in fact unknown or has not yet been located, the school district/agency must make a reasonable effort to locate the parent or guardian. Reasonable efforts include, but are not to be limited to, the following: documented phone calls, certified letters, and visits to the parent's or guardian's last known address, and documented contacts with relatives, neighbors, and other agencies. In order to determine if a student is a ward of the State, the school district/agency must obtain a copy of the court order stating that the South Carolina Department of Social Services has legal custody of the student. A surrogate parent may then be named.

(2) The school district/agency may assign a surrogate parent only after a determination has been made and written documentation maintained that the parent or guardian is unknown or cannot be located or that the student is a ward of the State. The appointment of a surrogate parent may not be utilized to circumvent the procedures for gaining parental consent for evaluation/placement or to replace mediation or due process hearings. A surrogate parent may be assigned as soon as the student is suspected of having a disability under Part B of the IDEA.

(3) In cases where a parent is unresponsive, lives a great distance from his or her child's school, or is incarcerated, the school district/agency may obtain written authorization from the parent to appoint a surrogate parent to represent the student as soon as the student is suspected of having a disability or has been determined to need a surrogate parent under Part B of the IDEA. Parental permission for the appointment of a surrogate must be voluntary and explicitly authorized in writing and is revocable at any time. The surrogate, once appointed, may then represent the student until such time as the parent revokes authorization for the student to be represented by the surrogate parent.

c. Qualifications

(1) In order to be selected as a surrogate parent, an individual must

(a) be an adult with no interest that conflicts with the interest of the student whom he or she represents.

(b) have knowledge and skills that ensure adequate representation of the student,

(d) be capable of understanding the cultural and linguistic background of the student whom he or she represents, and

(e) not be an employee of the SDE, the school district, or any other agency (public or private) involved in the education or care of the student, such as an employee of the South Carolina Department of Disabilities and Special Needs or the South Carolina Department of Social Services.

(2) A school district agency may select as a surrogate a person who is an employee of a nonpublic agency that provides only noneducational care of the student and who meets the other standards for persons selected as surrogates.

d. Persons Disqualified from Serving as Surrogate Parents

(1) Any person determined to have a conflict of interest, the determination of which must be made on a case-by-case basis. In general, a person would be considered to have a conflict of interest if he or she held a job or other position (e.g., school board member) that might restrict or bias his or her ability to advocate for all of the services required to ensure a FAPE for a student with a disability.

(2) No employee of a public agency involved in the education or care of a student may serve as a surrogate parent. This exclusion applies to all employees of that agency and not just to the employee who is working directly with a particular student. This exclusion prohibits these individuals from serving as surrogates under any circumstances, even as volunteers on their own time.

e. Assignment

(1) When a student with a disability needs a surrogate parent, the student's school district is responsible for appointing the surrogate. When a student who is a ward of the State is placed in a foster home and is presented for placement in a program for students with disabilities in the school district in which the foster parent resides, the school district is responsible for appointing the surrogate parent. In order to determine if a student is a ward of the State, the school district/agency must obtain a copy of the court order stating that the student is in the legal custody of the South Carolina Department of Social Services.

(2) When a student who needs a surrogate parent is placed by a school district or the court for educational or noneducational reasons in a state-operated program having educational responsibility, the state-operated program is responsible for appointing a surrogate parent.

f. Removal

(1) A surrogate parent must be removed when a parent comes forth to represent the student or revokes consent or when the student is no longer eligible for special education. This removal may occur only if the parents' rights have not been terminated and the student is not a ward of the State. A person serving as a surrogate may resign at any time by submitting his or her resignation in writing to the school district/agency.

(2) In cases where there are disagreements about the qualifications of the person serving as a surrogate parent, a due process hearing may be conducted to challenge the choice of this person as the surrogate parent.

g. Procurement

(1) The school district/agency must procure persons who can serve as surrogate parents and must maintain a registry of eligible persons, and the school district/agency may compensate or make arrangements for the compensation of these persons when they are utilized. A surrogate is not to be considered an employee of the school district/agency solely because he or she is paid to serve as a surrogate parent.

(2) Surrogates, when needed, must be selected by the school district/agency superintendent or chief administrative officer, or his or her designee, consistent with the requirements in this section of these regulations and the IDEA regulations. A qualified person external to the geographical boundaries of the school district/agency may be selected.

14. Transfer of Parental Rights at Age of Majority

a. All rights of the parents must be transferred to the student upon his or her reaching the age of majority (eighteen years of age). Prior to the student's reaching the age of majority, the school district/agency must designate a person to explain orally to the student his or her rights under the IDEA at the IEP team meeting before the student turns eighteen. The school district/agency must provide notice to the parents and the student regarding the transfer of rights. The school district/agency must provide any notice required under the IDEA to both the parent and the student. All rights of parents under the IDEA transfer to students who are incarcerated in an adult or juvenile, state or local, correctional institution.

b. If the student has been determined to be incompetent in accordance with state laws, or if the parent obtains a power of attorney, or if the student signs a waiver provided by the school district/agency stating that the parent may continue to be accorded all rights under IDEA, the rights shall not be transferred. The student may, however, revoke the power of attorney or the waiver at any time.

15. Disciplinary Procedures

a. Change of Placement for Disciplinary Removals

For a student with a disability, a change of placement from his or her current educational placement occurs if the removal or suspension is for more than ten consecutive school days or if the student is subjected to a series of removals or suspensions that constitute a pattern. If the student has been suspended for more than ten days, the school district/agency must then examine the length of each removal or suspension and the total amount of time the student is removed or suspended, and the proximity of the removals or suspensions to each other. If a student is removed or suspended for more than ten consecutive school days for a single offense, the removal is also a violation of state law (S.C. Code Ann. Section 59-63-220 (1990)).

b. Authority of School Personnel

(1) School personnel may order

(a) Removals or suspensions for up to ten days in a school year to the extent that the removals or suspensions would be applied to students without disabilities. School personnel may neither remove nor suspend a student with a disability from his or her current educational placement for more than ten consecutive school days for any violation of school rules.

(b) Additional removals or suspension of not more than ten consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement in accordance with the procedures in this section:

(i) School districts/agencies are not required to provide services to a student with a disability who has been removed from his or her current placement for ten school days or less in that school year if services are not provided to a student without disabilities who has been similarly removed.

(ii) The school district/agency must, however, 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 his or her IEP for the remainder of the removals or suspensions if the student with a disability has already been removed or suspended from his or her current placement for more than ten school days in the school year. School personnel, in consultation with the student's special education teacher, must determine the extent to which services are necessary.

(c) A change in the placement of a student with a disability to an appropriate interim alternative educational setting for the same amount of time that a student without a disability would be subject to, but not for more than forty-five days, if either of the following occurs:

(i) The student carries a weapon to or possesses a weapon at school, on school premises, or a school function under the jurisdiction of a school district/agency.

(ii) The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or a school function under the jurisdiction of a school district/agency.

(d) For a weapons or drug offense, regardless of whether the offense is a manifestation of the student's disability, school personnel may initiate a change of placement for a student with a disability to an interim alternative educational setting.

(2) Either before or not later than ten business days after the first removal or suspension of the student for more than ten school days in a school year or the commencing of a change of placement for actions including instances of drugs or weapons, the following steps must be taken:

(a) If a functional behavioral assessment was not conducted and a behavioral intervention plan was not implemented for the student before the behavior that resulted in the removal or suspension, the school district/agency must convene an IEP meeting to develop an assessment plan.

(b) If the student already has a behavioral intervention plan, the IEP team must meet to review the plan and its implementation and modify the plan and its implementation, as necessary, to address the behavior.

(3) As soon as practicable after developing the behavioral intervention plan and completing the assessments required by the plan, the school district/agency must convene an IEP meeting to develop appropriate interventions to address that behavior and must implement those interventions.

(4) If, subsequently, a student with a disability who has a behavioral intervention plan and who has been removed or suspended from the student's current educational placement for more than ten school days in a school year is subjected to an additional removal or suspension that does not constitute a change of placement under these procedures, the IEP team members must review the behavioral intervention plan and its implementation to determine if modifications are necessary.

(5) If one or more of the team members believe that modifications are needed, the team must meet to modify the plan and its implementation to the extent the team determines necessary.

(6) The federal definitions for controlled substance, illegal drug, and weapon as stated in Part B of the IDEA are included in section B, part 6, "Definitions."

c. Authority of Hearing Officer

(1) A hearing officer may order a change in the placement of a student with a disability to an appropriate interim alternative educational setting, but not for more than forty-five days, in an expedited due process hearing if the hearing officer

(a) determines that the school district/agency has demonstrated that maintaining the current placement of the student is substantially likely to result in injury to the student or to others if he or she remains in the current placement;

(b) considers whether the student's current placement is designed to provide him or her a FAPE;

(c) considers whether the school district/agency has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services; and

(d) determines that the interim alternative educational setting that is proposed by school personnel who have consulted with the student's special education teacher meets the requirements in these regulations.

(2) A hearing officer may order a change of placement for a student with a disability to an interim alternative educational setting for dangerousness regardless of whether the offense is a manifestation of the student's disability.

d. Determination of Setting

(1) The IEP team must determine the interim alternative educational setting when there is a change in placement made by school personnel in cases of weapons or drugs or when the team is requesting that a hearing officer change the placement of a student because it is substantially likely that the student will cause injury to him- or herself or to others.

(2) Any interim alternative educational setting in which a student is placed under these procedures must

(a) be selected so as to enable the student to continue to participate in the general curriculum although he or she is in another setting and to continue to receive those services and modifications, including those described in the student's current IEP, that will enable him or her to meet the goals set out in that IEP and

(b) include services and modifications designed to address the behavior described in the above procedures so that such behavior does not recur.

e. Any Removal Where Parent Agrees to Change in Placement

The student's IEP team must determine the extent to which services are 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 if the student's parent agrees to a change in placement based on behavior.

f. In accordance with state statutes, no student, including a student with a disability, may be suspended in excess of ten days for any one offense and for not more than thirty days in any one school year.

16. Manifestation Determination Review

a. If an action is contemplated regarding behavior for violations involving weapons or drugs as described in the above procedures, or if a due process hearing officer has ordered a change in the placement of a student with a disability to an appropriate interim alternative educational setting for not more than forty-five days, or if an action involving a removal of a student from the student's current educational placement for more than ten school days in a given school year is contemplated for a student with a disability who has engaged in other behavior that violated any rule or code of conduct of the school district/agency that applies to all students, the following procedures must be followed:

(1) Not later than the date on which the decision to take that action is made, the parents must be notified of that decision, and a full explanation of procedural safeguards must be provided to the parents.

(2) Immediately, if possible, but in no case later than ten school days after the date on which the decision to take that action is made, a review must be conducted of the relationship between the student's disability and the behavior subject to the disciplinary action.

b. The manifestation determination review must be conducted by the IEP team and other qualified personnel in a meeting.

c. In carrying out a manifestation review, the IEP team may determine that the behavior of the student was not a manifestation of his or her disability only if the IEP team and other qualified personnel first consider, in terms of the behavior subject to disciplinary action, all relevant information, including

(1) the evaluation and diagnostic results as well as other relevant information supplied by the parents of the student,

(2) the observations of the student, and

(3) the student's IEP and placement.

d. After completing these considerations, the IEP team and other qualified personnel must make the following determinations:

(1) that, in relationship to the behavior subject to disciplinary action, the student's IEP and placement were appropriate and that special education services, supplementary aids and services, and behavior intervention strategies provided were consistent with the student's IEP and placement and

(2) that the student's disability did not impair his or her ability to understand the impact and the consequences of the behavior that was subject to disciplinary action and that the disability did not impair his or her capacity to control the behavior.

e. If the IEP team and other qualified personnel determine that any of these standards were not met, the behavior must be considered a manifestation of the student's disability.

f. The manifestation review may be conducted at the same IEP meeting that is convened regarding development/review of a functional behavioral assessment plan and appropriate behavioral interventions.

g. If, in the manifestation determination review, the school district/agency identifies deficiencies in the student's IEP or placement or in the implementation of either of these, immediate steps must be taken to remedy those deficiencies.

17. Determination That the Behavior Was Not a Manifestation of the Disability

a. If the result of the manifestation determination review is that the behavior of the student with a disability was not a manifestation of his or her disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student, except that a FAPE (i.e., appropriate services to enable the student to advance toward achieving the goals set out in the student's IEP) must continue to be provided.

b. If the school district/agency initiates disciplinary procedures applicable to all students, the special education and disciplinary records of the student with a disability must be transmitted for consideration by the person or persons making the final determination regarding the disciplinary action.

c. If a parent requests a due process hearing to challenge the determination made through the review that the behavior of the student was not a manifestation of the student's disability, the rule of "Stay Put" applies pending the due process hearing officer's decision unless any one of the following conditions exist:

(1) The period of time that the student has been assigned to the interim alternative educational setting has expired.

(2) The student has been removed for dangerousness by a due process hearing officer.

(3) The parents and the school district/agency agree otherwise.

18. Appeal

a. If the student's parents disagree with a determination that the student's behavior was not a manifestation of the student's disability or with any decision regarding placement under the discipline procedures, the parent may request a due process hearing. The school district/agency must arrange for an expedited hearing in this case if a parent requests a hearing.

b. In reviewing a decision with respect to the manifestation determination, the due process hearing officer must determine whether the school district/agency has demonstrated that the student's behavior was not a manifestation of his or her disability consistent with the procedures that must be used by the IEP team in conducting a manifestation determination review.

c. In reviewing a decision to place the student in an interim alternative educational setting, the due process hearing officer must

(1) determine that the school district/agency has demonstrated by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

(2) consider the appropriateness of the student's current placement.

(3) consider whether the school district/agency has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services, and

(4) determine that the interim alternative educational setting proposed by school personnel who have consulted with the student's special education teacher meets the requirements in these regulations regarding the determination of setting.

19. Placement During Appeals

a. If a parent requests a hearing regarding a disciplinary action taken by school personnel or by a due process hearing officer to challenge the interim alternative educational setting or the manifestation determination, the student must remain in the interim alternative educational setting until the decision of the due process hearing officer has been made or until the time period provided for in these procedures has expired, whichever has occurred first, unless the parent and the school district/agency agree otherwise.

b. If the school district/agency proposes a change in placement after the expiration of the student's removal to the interim alternative educational setting, then the student returns to his or her current placement (the setting prior to the student's being removed to the interim alternative educational setting). The student remains in his or her current placement during the pendency of any administrative or judicial proceedings regarding the proposed change in placement, unless both parties agree otherwise or a due process hearing officer or court orders otherwise.

c. If school personnel maintain that the student is dangerous to him- or herself or to others but the parent does not agree for the student to be removed from the present educational placement, the school district/agency can seek injunctive relief through the courts to have the student removed. Schools are also able to remove a student under these circumstances during the pendency of the proceedings through an expedited due process hearing with a due process hearing officer.

(1) If a court, a due process hearing officer, or a review official agrees with the student's parent that the student should not be removed from the present educational placement, such placement must be treated as an agreement between the school district/agency and the parents, and the student must remain in the present educational placement during pendency of the proceedings.

(2) If a court, a due process hearing officer, or a review official agrees with the school district that the student is dangerous to him- or herself or to others and agrees with the proposed setting for the change in placement, then the student must remain in the placement requested by the school district.

(3) If a court, a due process hearing officer, or a review official agrees with the school district that the student is dangerous him- or herself or to others but disagrees with the proposed setting for the change in placement, then the court, the due process hearing officer, or the review official may order the school district to propose another setting.

d. In determining whether the student may be placed in the interim alternative educational setting or in another appropriate placement, the due process hearing officer must apply the same procedures as those specified in the section titled "Appeal" (above) to determine whether the proposed placement is appropriate.

e. A placement made in accordance with these procedures must not last longer than forty-five calendar days, unless school personnel have been granted an additional period of removal. This additional period of removal must be granted either by a court through a request for further injunctive relief, by a due process hearing officer through another expedited due process hearing, or by agreement between the school district/agency and the parent.

f. Any interim alternative educational setting selected by school personnel must meet the requirements in these regulations for determining such a setting.

20. Protections for Students Not Yet Eligible for Special Education and Related Services

a. A student who has not been determined to be eligible for special education and related services and who has engaged in behavior that violates any rule or code of conduct of the school district/agency, including any behavior described in these procedures, may assert any of the protections provided for in these procedures under the IDEA if the school district/agency had knowledge (as determined in the following procedure) that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

b. The school district/agency must be deemed to have knowledge that a student is a student with a disability if the following standards are met:

(1) The parent of the student has expressed concern in writing (or orally if the parent does not know how to write or has a disability that prevents his or her from making a written statement) to personnel of the school district/agency that the student is in need of special education and related services.

(2) The behavior or performance of the student demonstrates the need for these services in accordance with the definition of a child with a disability in section B, part 3, "Definitions."

(3) The parent has requested an evaluation of the student to determine if he or she is a student with a disability.

(4) The teacher of the student, or other personnel of the school district/agency, has expressed concern about the behavior or performance of the student to the director of special education of the school district/agency or to other personnel of the school district/agency in accordance with the school district's/agency's established Child Find or special education referral system.

c. The school district/agency would not be deemed to have knowledge if, as a result of its receiving the information in the preceding procedure, the school district/agency carried out either of the following processes:

(1) conducted an evaluation under the procedures specified in the Criteria for Entry into Programs of Special Education for Students with Disabilities and in State Board Regulation 43-243.1 and determined that the student did not meet the criteria for having a disability or

(2) determined that an evaluation was not necessary and provided notice to the student's parents of its determination in accordance with the procedures under the section in the procedural safeguards section of these regulations titled "Prior Notice by the School District/Agency and Content of Notice."

If, prior to taking disciplinary action against a student, the school district/agency does not have knowledge that he or she has a disability, the student may be subjected to the same disciplinary measures as those applied to students without disabilities who have engaged in comparable behaviors, consistent with the following:

(1) If a request is made for an evaluation of a student during the time period in which he or she is subjected to disciplinary measures under the above procedures, the evaluation must be conducted in an expedited manner, but must be completed within twenty-five calendar days after the parents have given permission to evaluate.

(2) Until the evaluation is completed, the student must remain in the educational placement determined by school authorities, including suspension or expulsion.

(3) If the student is determined to be one with a disability, the school district/agency must provide special education and related services in accordance with state and federal regulations.

21. Expedited Due Process Hearings

a. Expedited due process hearings under these procedures must

(1) result in a decision within twenty-five calendar days of the request for the hearing, unless the parents and school officials agree otherwise, and

(2) meet the requirements for due process hearings included in the procedures in the section of these regulations titled "Due Process Hearings," except that for the purposes of expedited due process hearings, the following principles must hold:

(a) The introduction of any evidence at the hearing that has not been disclosed to that party at least two business days before the hearing must be prohibited.

(b) At least two business days prior to a hearing, each party must disclose to all other parties all evaluations completed by that date and all recommendations based on the offering party's evaluations that the party intends to use at the hearing.

(c) The expedited hearing must be conducted by a due process hearing officer who meets the qualifications included in the procedure in the section titled "Due Process Hearing Officers."

b. Parents must be notified within two business days of the determination that an expedited hearing must occur.

c. A written decision must be mailed to the parties within forty-five calendar days of the school district's/agency's receipt of the request for the hearing, without exceptions or extensions. This timeline is in effect for hearings requested by parents or school districts/agencies.

d. All procedural rules for expedited hearings are the same as for all impartial due process hearings.

e. The decisions on expedited due process hearings may be appealed under the due process appeal procedures included in this section of these regulations.

22. Referral to and Action by Law Enforcement and Judicial Authorities

a. The school district/agency may report a crime committed by a student with a disability to appropriate authorities on the same basis as for students without disabilities and may not prevent state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a student with a disability.

b. Copies of the special education and disciplinary records of the student may be transmitted for consideration by the appropriate authorities only as permitted under the FERPA, which is with the prior written consent of the parent or the student if he or she is aged eighteen or older or under one of the following exceptions to the consent requirements:

(1) in compliance with a lawfully issued subpoena or court order if the school district/agency first makes a reasonable attempt to notify the parents of the subpoena or order or

(2) in connection with an emergency if the knowledge is necessary to protect the health or safety of the student or other individuals.

23. Documentation

All documentation required to meet state and federal regulations concerning due process procedures must be maintained on a student-by-student basis by the school district/agency legally responsible for providing a FAPE for the student.

I. Least Restrictive Environment (LRE)

1. General LRE Requirements

Each school district/agency must ensure that to the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are nondisabled and that special classes, separate schooling, or other removals of students with disabilities from the regular educational environment occur only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

2. Continuum of Alternative Placements

a. Each school district/agency must ensure that a continuum of alternative placements is available to meet the needs of students with disabilities for special education and related services. This continuum must be considered in the determination of the placements of the student with disabilities.

b. All the various components of the IEP (e.g., levels of educational performance, goals, objectives/benchmarks) must be reviewed and considered by the IEP team in selecting the appropriate placement option for the student. In making its recommendation, the IEP team must consider each of the program options from the range of options as follows:

(1) regular class with supportive services (itinerant/resource),

(2) self-contained classes,

(3) special school instruction,

(4) hospital/homebound/home-based instruction,

(5) community agency programs (e.g., Head Start for preschool children), and

(6) other program options.

3. Placements

a. In determining the educational placement of a student with a disability, including a preschool child with a disability, each school district/agency must ensure that the placement decision is made by a group of persons, including the parents, who are knowledgeable about the student and about the meaning of the evaluation data and the placement options and must ensure that the placement decision is made in conformity with the LRE provisions of this section of these regulations and in Part B of the IDEA.

b. The IEP team must verify that the program option recommended for the student is determined annually and that it is as close as possible to the student's home.

c. Unless the IEP of a student with a disability requires some other arrangement, the student must be educated in the school that he or she would attend if nondisabled.

d. A student with a disability must not be removed from age-appropriate general classrooms solely because of the modifications in the general curriculum that he or she needs.

e. In selecting the LRE, consideration must be given to any potential harmful effect on the student or on the quality of services that he or she needs.

4. Nonacademic Placements

In providing or arranging for the provision of nonacademic and extracurricular services and activities including meals, recess periods, and the services and activities set forth in Part B of the IDEA and in this section of these regulations, each school district/agency must ensure that each student with a disability participates with nondisabled students in those services and activities to the maximum extent appropriate to the needs of that student.

5. Students in Public or Private Institutions

The SDE shall ensure that the LRE requirements stated in Part B of the IDEA and in this section of these regulations are effectively implemented including if necessary, making such arrangements with public and private institutions as memorandums of agreement or special implementation procedures.

6. Technical Assistance and Training Activities

The SDE shall carry out activities to ensure that teachers and administrators in all school districts/agencies are fully informed about their responsibilities for implementing the LRE requirements stated in Part B of the IDEA and in this section of these regulations and that they are provided with the technical assistance and training necessary to assist them in this effort.

7. Monitoring Activities

a. The SDE shall carry out activities to ensure that the LRE provisions in Part B of the IDEA are implemented as prescribed therein.

b. If there is evidence that a school district/agency makes placements that are inconsistent with the LRE provisions in Part B of the IDEA, the SDE shall

(1) review the school district's/agency's justification for its actions and

(2) assist in planning and implementing any necessary corrective action.

J. Transition of Children from Part C to Preschool Programs

1. Children who are participating in early intervention programs assisted under Part C of the IDEA and who will participate in preschool programs assisted under Part B of the IDEA must experience a smooth and effective transition to those preschool programs.

2. School districts must evaluate a child in accordance with criteria established by the SDE and must develop an IEP within timelines that allow placement to occur on the child's third birthday.

3. Each school district must participate in transition planning conferences arranged by the designated lead agency for Part C programs (South Carolina Department of Health and Environmental Control).

K. Private Schools

1. Students with Disabilities in Private Schools Placed or Referred by Public Agencies

a. Responsibility of the SDE

(1) The SDE ensures that a student with a disability who is placed in or referred to a private school or facility by a school district is provided special education and related services in conformance with an IEP that meets the requirements of the section of these regulations titled "Individualized Education Programs" and that there is no cost to the parents. These students must be provided an education that meets the standards that apply to education provided by the SDE and school districts and must have all of the rights of a student with a disability who is served by a school district.

(2) When it is necessary to provide special education and related services in programs other than public schools, these placements must not occur until it has been determined that the student cannot be appropriately educated by another governmental agency of the State. After determination has been made that neither the public schools nor another governmental agency of the State can adequately provide special education and related services, then private programs within the State (the third alternative) must be considered. If these programs are still inadequate to meet the educational needs of the student, then out-of-state private programs may be approved.

(3) When it is clearly unfeasible to provide a FAPE for a student with a disability in a public school program, the school district may contract with other agencies or organizations, public or private, within or outside of the State, provided that proper application has been made by the school district and approved by the SDE. Students placed in these programs by the SDE/school district must have all of the rights they would have if served by the school district, and the agency or organization must meet all of the standards applicable to the SDE/school district.

(4) Upon the school district's submission of a properly completed application form and any supplemental information that may be required, the SDE shall examine the material for approval of the application. Approval shall be only for those applications where it is impractical and inappropriate to provide special education and related services in a public school setting consistent in accordance with an IEP.

(5) The school district shall pay no more than one student's portion of funds generated under the South Carolina Education Finance Act. The school district may also accept donations and/or utilize other funds (e.g., Title XX, CHAMPUS) to defray the cost of private school placement. Monies available under the IDEA may be utilized to pay the remaining balance (if any) of the private school costs in accordance with the following procedure:

(a) Fifty percent of the outstanding balance must be paid from the school district's allocation of IDEA funds or other funds.

(b) Fifty percent of the outstanding balance must be paid by the SDE.

(6) The requirement that the student's residential program, including nonmedical care and room and board, be at no cost to the parents applies only to those placements made by the SDE/school district for educational purposes.

b. Implementation by the SDE

When students with disabilities are placed in private schools by the SDE/school district, the private schools must be in compliance with the standards of the SDE/school district. Private schools located in South Carolina must meet the standards that apply to the SDE/school district. Compliance must be monitored through on-site visits and written reports. Copies of applicable standards must be disseminated to each private school and facility to which a school district has referred or placed a student with a disability. An opportunity must be provided for those private schools and facilities to participate in the development and revision of State standards that apply to them.

c. Upon notification by the school district of their intent to place a student with a disability in a private school, the school district must provide copies of the following documents to the private school:

(1) defined program/accreditation procedures approved by the State Board of Education.

(2) Criteria for Entry into Programs of Special Education for Students with Disabilities, and

(3) the SDE's guidance documents (Confidentiality, Due Process, Individualized Education Programs/Least Restrictive Environment. Child Find, Surrogate Parents, Listing of Parental Rights, and Mediation).

2. Students with Disabilities Enrolled by Their Parents in Private Schools When a FAPE Is at Issue

a. Placement of Students by Parents If a FAPE Is at Issue

A school district cannot be required to pay for the cost of education, including special education and related services, of a student with a disability at the private school or facility if that school district made a FAPE available to the student and the parents elected to place the student in a private school or facility. The school district, however, must include that student in the populations whose needs are addressed in a manner consistent with the section of these regulations titled "Students with Disabilities Enrolled by Their Parents in Private Schools" in the private schools section.

b. Disagreements about a FAPE

Disagreements between a parent and a school district regarding the availability of an appropriate program for the student and the question of financial responsibility are subject to the due process procedures specified in Part B of the IDEA and in the section of these regulations titled "Procedural Safeguards."

c. Reimbursement for Private School Placement

If the parents of a student with a disability who previously received special education and related services under the authority of a school district enroll him or her in a private preschool, elementary, or secondary school without the consent of or referral by the school district, a court or a due process hearing officer may require the school district to reimburse the parents for the cost of that enrollment if the court or due process hearing officer finds that the school district had not made a FAPE available to the student in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a due process hearing officer or a court even if it does not meet the state standards that apply to education provided by the SDE and school districts.

d. Limitation on Reimbursement

The cost of the reimbursement may be reduced or denied if any of the following occur:

(1) At the most recent IEP meeting that the parents attended prior to removal of the student from the school district, the parents not only neglected to inform the IEP team that they were rejecting the placement proposed by the school district to provide a FAPE for their child but also failed to state their concerns and their intent to enroll their child in a private school at public expense.

(2) Parents who did not accept the school district's/agency's proposed placement of their child failed to give the school district written notice--at least ten business days (including any holidays that occur on a business day) prior to the removal of the student from the school district--of their intent to enroll the student in a private school.

(3) Prior to the parents' removal of their child from the school district, the school district informed the parents, following the notice requirements specified in Part B of the IDEA and in the section of these regulations titled "Procedural Safeguards," of its intent to evaluate the student (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the student available for the evaluation.

(4) There is a judicial finding of unreasonableness with respect to actions taken by the parents.

e. Exception

Notwithstanding the prior written notice that is required of parents in this section of these regulations, the cost of reimbursement may not be reduced or denied for their failure to provide such notice if any of the following situations exist:

(1) The parents are illiterate and/or cannot write in English.

(2) Compliance with the limitation on reimbursement would likely result in physical harm or emotional trauma to the student.

(3) The school district prevented the parents from providing the notice.

(4) The parents had not been informed, pursuant to Section 615 of Part B of the IDEA, of the notice requirement in the paragraph on limitation on reimbursement above.

3. Students with Disabilities Enrolled by Their Parents in Private Schools

a. Child Find for Private School Students with Disabilities

(1) Each school district must locate, identify, and evaluate all private school students with disabilities, including students residing in the jurisdiction of the school district who attend religious schools. These students must be included in the school district's Child Find activities and are described in the Child Find procedures approved by the SDE. The activities undertaken to carry out this responsibility for private school students with disabilities must be comparable to those undertaken for students with disabilities in public schools.

(2) Each school district must consult with appropriate representatives of private school students with disabilities on how to carry out the Child Find activities.

b. Provision of Services Basic Requirement

To the extent consistent with their number and location in the State, provision must be made for the participation of private school students with disabilities in the program assisted or carried out under Part B of the IDEA by providing them with special education and related services in accordance with Part B of the IDEA and with this section of these regulations.

c. SDE Responsibility for Services Plan

The SDE ensures that a services plan shall be developed and implemented for each private school student with a disability who has been designated to receive special education and related services under this section of these regulations.

d. Expenditures

(1) Formula

Each school district must, on providing special education and related services to private school students with disabilities (including students who are home-schooled) spend the following amounts:

(a) for students ages three through twenty-one, an amount that is the same proportion of the school district's total subgrant under Section 611(g) of Part B of the IDEA as the proportion that private school students with disabilities ages three through twenty-one residing in its jurisdiction are to the total number of students with disabilities ages three through twenty-one in its jurisdiction and

(b) for children ages three through five, an amount that is the same proportion of the school district's total subgrant under Section 619(g) of Part B of the IDEA as the proportion that private school children with disabilities ages three through five residing in its jurisdiction are to the total number of children with disabilities in its jurisdiction ages three through five.

(2) Child Count

In deciding how to conduct the annual count of the number of students with disabilities in the State, each school district must consult with representatives of these students who are enrolled in private schools and must ensure that the count is conducted on December 1 of each year. The child count must be used to determine the amount that the school district must spend in the next subsequent fiscal year on providing special education and related services to students with disabilities in private schools.

(3) Expenditures for Child Find May Not Be Considered

Expenditures for Child Find activities described in this section of these regulations may not be considered in determining whether the school district has met the requirements related to the formula described in this section of these regulations.

(4) Additional Services Permissible

School districts are not prohibited from providing services in excess of those required by this section of these regulations.

e. Services Determined

(1) No Individual Right to Special Education and Related Services

No private school student with a disability has an individual right to receive some or any of the special education and related services that he or she would receive if enrolled in a public school. Decisions about the services that will be provided to private school students with disabilities enrolled by their parents in private schools must be made in accordance with the information regarding child count and expenditures for Child Find in the previous section of this regulation.

(2) Consultation with Representatives of Private School Students with Disabilities

(a) Each school district must, in a timely and meaningful way, consult with appropriate representatives of private school students with disabilities regarding the funding and expenditures described in this section of these regulations, the number of private school students with disabilities, the needs of private school students with disabilities, and the location of these students in order to decide the following:

(i) which students will receive services under this section of these regulations,

(ii) what services will be provided,

(iii) how and where the services will be provided, and

(iv) how the services provided will be evaluated.

(b) Each school district must give appropriate representatives of private school students with disabilities a genuine opportunity to express their views regarding each matter that is subject to the consultation requirements in this section of these regulations. The consultation must occur before the school district makes any decision that affects the opportunities of private school students with disabilities to participate in services under this section of these regulations. The school district shall make the final decisions with respect to the services to be provided to eligible private school students.

(3) Services Plan for Each Student Served Whose Parents Enrolled Them in Private Schools

If a student with a disability is enrolled in a religious or other private school and will receive special education or related services from a school district, the school district must

(a) Initiate and conduct meetings to develop, review, and revise a services plan for the student in accordance with Part B of the IDEA and this section of these regulations.

(b) Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the school district must use other methods to ensure participation by the private school, including individual or conference telephone calls.

f. Services Provided

(1) The services provided to private school students with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools. Private school students with disabilities may receive a different amount of a service than students with disabilities in public schools. No private school student with a disability is entitled to any service or to any amount of a service that he or she would receive if enrolled in a public school.

(2) Services Provided in Accordance with a Services Plan

Each private school student with a disability who has been designated to receive services under this section of these regulations must have a services plan that describes the specific special education and related services that the school district shall provide to him or her in the specific context of those services that the school district has determined--through the process described under this section of these regulations--that it will make available to private school students with disabilities. The services plan must, to the extent appropriate.

(a) meet the requirements of Part B of the IDEA and of this section of these regulations with respect to the services provided and

(b) be developed, reviewed, and revised consistent with Part B of the IDEA and with this section of these regulations.

g. Location of Services and Transportation

(1) Services provided to private school students with disabilities may be provided on site at a student's private school, including a religious school.

(2) If transportation is necessary for the eligible student to benefit from or participate in the services provided under this section of these regulations, a private school student with a disability must be given conveyance from his or her school or home to a site other than the private school and from the service site to the private school, or to his or her home, depending on the timing of the services. School districts are not required to provide transportation from the student's home to the private school. The cost of the transportation may be included in calculating whether the school district has met the requirement of the section of these regulations titled "Expenditures."

h. Due Process/Complaints

(1) Due Process Inapplicable

The procedures in the section of these regulations titled "Procedural Safeguards" do not apply to complaints that a school district has failed to meet the requirements of the section of these regulations titled "Students with Disabilities Enrolled by Their Parents in Private Schools," including the provision of services indicated on the student's services plan.

(2) Due Process Applicable

The procedures in the section of these regulations titled "Procedural Safeguards" do apply to complaints that a school district has failed to meet the requirements of the Child Find requirements of this section of these regulations, including the requirements of the section of these regulations titled "Evaluation and Determination of Eligibility."

(3) State Complaints

Complaints that the SDE or a school district has failed to meet the requirements of the section of these regulations titled "Students with Disabilities Enrolled by Their Parents in Private Schools" may be filed under the requirements in the procedural safeguards section of these regulations titled "Investigation of Complaints."

i. Separate Classes Prohibited

A school district may not use funds available under Section 611 or 619 of Part B of the IDEA for classes that are organized separately on the basis of school enrollment or religion of students if the classes are at the same site and include students enrolled in public schools and those enrolled in private schools.

j. Requirements That Funds Not Benefit a Private School

A school district may not use funds provided under Section 611 or 619 of Part B of the IDEA to finance the existing level of instruction in a private school or to otherwise benefit the private school. The school district shall use funds provided under Part B of the IDEA to meet the special education and related services needs of students enrolled in private schools but not to meet the needs of a private school or the general needs of the students enrolled in the private school.

k. Use of Public School Personnel

A school district may use funds available under Sections 611 and 619 of Part B of the IDEA to make public school personnel available in other than public facilities to the extent necessary to provide services under the section of these regulations titled "Students with Disabilities Enrolled by Their Parents in Private Schools" if those services are not normally provided by the private school.

l. Use of Private School Personnel

A school district may use funds available under Section 611 or 619 of Part B of the IDEA to pay an employee of a private school to provide services under the sections of these regulations titled "Child Find for Private School Students with Disabilities" and "Provision of Services--Basic Requirement" if the employee performs the services outside of his or her regular hours of duty and if the employee performs the services under public supervision and control.

m. Requirements Concerning Property, Equipment, and Supplies for the Benefit of Private School Students with Disabilities

A school district must keep title to and exercise continuing administrative control of all property, equipment, and supplies that the school district acquires with funds under Section 611 or 619 of Part B of the IDEA for the benefit of private school students with disabilities. The school district may place equipment and supplies in a private school for the period of time needed for the program. The school district must ensure that the equipment and supplies placed in a private school are used only for Part B purposes and can be removed from the private school without remodeling the facility. The school district must remove equipment and supplies from a private school if the equipment and supplies are no longer needed for Part B purposes or if removal is necessary to avoid unauthorized use of the equipment and supplies--that is, use for other than Part B purposes. No funds under Part B of the IDEA may be used for repairs, minor remodeling, or construction of private school facilities.

L. Comprehensive System of Personnel Development

A comprehensive system of personnel development (CSPD) that meets the requirements for a state improvement plan relating to personnel development in Part B of the IDEA shall be in place to ensure an adequate supply of qualified special education, general education, and related services personnel. The plan shall be updated every five years.

M. Students with Disabilities in Statewide Assessment Programs

Participation in Assessments

1. The SDE shall ensure that students with disabilities are included in general statewide and districtwide assessment programs, with appropriate accommodations and modifications in administration, if necessary.

2. Students with disabilities for whom the regular state assessment program is inappropriate must participate in an alternate assessment program.

To the extent possible, students with disabilities must be taught according to the State's standards and must be given the opportunity to graduate with a state high school diploma.

N. General Supervision

1. SDE Responsibility for General Supervision

The SDE shall be responsible for all education programs for students with disabilities in the State consistent with and as defined by the IDEA. All public education programs for students with disabilities within the State, including all programs administered by any other state or local agency, shall be under the general supervision of the persons responsible for education programs for students with disabilities in the SDE and must meet the standards of the State Board of Education. Specific guidelines required by the IDEA are stated in the Policies and Procedures and in the guidance documents (Child Find, Confidentiality, Due Process, Individualized Education Programs/Least Restrictive Environment, Surrogate Parents, and Mediation) developed by the Office of Exceptional Children.

2. The term "responsibility" means that the SDE shall ensure that all public agencies providing special education and related services for students with disabilities are in compliance with federal regulations promulgated under the authority of the IDEA. Each educational agency program for students with disabilities administered within the State, including each program administered by any other public agency, is under the general supervision of the persons responsible for educational programs for students with disabilities in the SDE. Although the IDEA and these regulations specify that the State shall ensure a FAPE for all students with disabilities, the SDE does not assume financial responsibility for all such programs operated in the State.

3. The IDEA shall not be construed to limit the responsibility of agencies other than educational agencies in the State from paying for some or all of the costs of a FAPE to be provided to students with disabilities.

4. The SDE shall have the responsibility of ensuring that the requirements of Part B of the IDEA are met with respect to students with disabilities who are convicted as adults under state law and incarcerated in adult prisons.

O. Methods of Ensuring Services

1. Memorandums of Agreement

Memorandums of agreement shall be developed between each noneducational public agency and the SDE for the purpose of setting forth and delineating responsibilities for service delivery. Procedures for the development of interagency agreements between the SDE and other public agencies must ensure that the agreements

a. define the financial responsibility of each agency for providing a FAPE to students with disabilities and

b. include a mechanism for resolving interagency disputes that addresses procedures under which school districts may initiate proceedings to secure reimbursement from other agencies or otherwise implement the provisions of the agreement.

2. Obligation of Noneducational Public Agencies

Noneducational public agencies may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context. If a public agency other than an educational agency fails to provide or pay for the special education and needed related services, the school district/agency responsible for developing the student's IEP must provide or pay for these services to him or her in a timely manner. The school district/agency may then claim reimbursement for the services from the noneducational public agency that failed to provide or pay for these services, and that agency shall reimburse the school district/agency.

3. Students with Disabilities Who Are Covered by Public Insurance

A public agency may use the Medicaid or other public insurance benefits programs in which a student participates to provide or pay for required services to enable the student to receive a FAPE. With regard to services required to provide a FAPE to an eligible student, the public agency may not

a. require parents to sign up for or enroll in public insurance programs in order for their child to receive a FAPE under Part B of the IDEA;

b. require parents to incur an out-of-pocket expense, such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided (although the public agency may pay the cost that the parent otherwise would be required to pay as described below in the sections titled "Students with Disabilities Who Are Covered by Private Insurance" and "Use of Part B Funds"); or

c. use a student's benefits under a public insurance program if that use would

(1) decrease available lifetime coverage or any other insured benefit

(2) result in the family's paying for services that would otherwise be covered by the public insurance program and that are required for the student outside of the time the student is in school,

(3) increase premiums or lead to the discontinuation of insurance, or

(4) risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.

4. Students with Disabilities Who Are Covered by Private Insurance

With regard to services required to provide a FAPE to an eligible student, a public agency may access a parent's private insurance proceeds only if the parent provides informed consent as required in Part B of the IDEA. Each time the public agency proposes to access the parent's private insurance proceeds, it must

a. obtain parental consent in accordance with this section of these regulations and

b. inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.

5. Use of Part B Funds

If a school district/agency is unable to obtain parental consent to use the parents' private insurance, or public insurance when the parent would incur a cost for a specified services, the school district/agency may use its Part B funds to pay for the service in order to ensure a FAPE. To avoid financial cost to parents who otherwise would consent to use private insurance, or public insurance if the parents would incur a cost, the school district/agency may use its Part B funds to pay the cost the parents otherwise would have to pay to use their own insurance (e.g., the deductible or co-pay amounts).

6. Proceeds from Public or Private Insurance

Proceeds from public or private insurance must not be treated as program income for purposes of 34 C.F.R. Section 80.25. If a public agency spends reimbursements from federal funds (e.g., Medicaid) for services, those funds must not be considered "state or local" funds for purposes of the maintenance of effort provisions of Part B of the IDEA.

7. General

Nothing in this section may be construed to alter the requirements imposed on a state Medicaid agency, or any other agency administering a public insurance program by federal statute, regulations, or policy under Title XIX or Title XXI of the Social Security Act or any other public insurance program.

P. Hearings Related to LEA (Local Educational Agency) Eligibility

The SDE shall not make any final determination that a school district is not eligible for assistance under Part B of the IDEA without first giving the school district reasonable notice and an opportunity for a hearing under 34 C.F.R. Section 76.401(d).

Q. Recovery of Funds for Misclassified Students

The SDE shall seek to recover funds or portions thereof, as appropriate, of entitlements under Part B of the IDEA for students who have been erroneously classified as disabled and included in the count mechanism under Section 611(a) or 611(d) of Part B of the IDEA. The term "erroneous classification" means that the student has not been evaluated and placed in programs for students with disabilities in accordance with these regulations and has not been afforded the procedural safeguards in the section of these regulations titled "Procedural Safeguards."

1. The SDE shall seek to recover funds, or portions thereof, as appropriate, of entitlements under Part B of the IDEA for any of the following reasons:

a. Students are not enrolled in a school or program operated or supported by a public agency.

b. Students are not provided special education that meets state standards.

c. Students are not provided a related service that they need to assist them in benefiting from special education.

d. Students are receiving special education funded solely by the federal government.

e. Students are erroneously classified as disabled and included in the count mechanism of the IDEA.

f. Students have been counted more than once (i.e., duplicated count).

g. The SDE has determined that a school district/agency is unable or unwilling to establish and maintain a program of free and appropriate education (FAPE) that meets the requirements of the IDEA.

h. The SDE has determined that a school district/agency is unable or unwilling to be consolidated with other agencies in accordance with the IDEA.

2. Should the SDE find it necessary to use payments for students in the instances described in this section of these regulations, the school district/agency is not absolved of responsibility for providing free and appropriate programs of special education and related services for such students under South Carolina statutes.

3. Determination of students erroneously classified as disabled shall be made by the following means:

a. a voluntary admission by the school district/agency which shall be signed by the chief administrative officer of the district/agency;

b. compliance monitoring conducted by the SDE, which shall include teacher, parent, student, and principal interviews, as well as classroom observations and student folder reviews;

c. monitoring of the December 1 child count;

d. unresolvable complaints received from individuals, agencies or other parties that are substantiated by SDE investigation, with final determination being made by the State Superintendent of Education; and

e. financial audits.

4. If the school district/agency is unable or unwilling to consolidate with another district/agency or cannot adequately serve some few students, determination shall be made by the SDE. These reviews shall include definitive written reports by the chief administrative officer of the school district/agency detailing the circumstances and presenting statements of efforts made to serve the students of discussion as well as statements as to what the school district shall accord these students toward a FAPE. The State Superintendent of Education shall make the final determination of the district's/agency's ability or inability to serve the students described in this section of these regulations.

5. Upon determination of the need for recovery of funds under the IDEA, one of the following procedures shall apply:

a. Further payment to the school district/agency shall be discontinued in the amount consistent with the product of the number of students erroneously classified multiplied by the amount of the entitlement per student for that school year.

b. The State Superintendent of Education and the directors of the Office of Exceptional Children and the Office of Finance shall require reimbursement to the SDE in the amount consistent with the product of the number of students erroneously classified multiplied by the amount of the entitlement per student for that school year.

c. If the funds recovered are current and available for utilization by the SDE, the funds will be redistributed to school districts/agencies under a reallocation or utilized for approved activities.

d. If the funds recovered are no longer available for utilization by the SDE, the SDE will submit a check to the Office of Special Education Programs (OSEP), United States Department of Education, in the amount recovered from the school district/agency.

e. The SDE will ensure that no final action will be taken regarding the recovery of funds before allowing a school district/agency reasonable notice and an opportunity for a hearing. These procedures are delineated in Section 300.144 of Part B of the IDEA, "Hearings related to LEA eligibility."

R. State Advisory Council

The South Carolina Advisory Council on the Education of Individuals with Disabilities shall be organized and function in accordance with Part B of the IDEA.

1. Establishment of Advisory Council

The Advisory Council shall provide policy guidance with respect to special education and related services for students with disabilities in the State. The State Superintendent of Education shall appoint members to the Advisory Council for a three-year term.

2. Membership

Membership shall be based on the requirements of the IDEA, S.C. Code Ann.Section 59-36-10 et seq. (Supp. 2000) (Preschool Programs for Children with Disabilities), and the Advisory Council bylaws. The Advisory Council membership shall be comprised of parents of children with disabilities; individuals with disabilities; teachers of students with disabilities; faculty in the departments of special education and general education in institutions of higher education; state and local education officials including principals and superintendents; administrators of programs for students with disabilities; representatives of private schools and public charter schools; a representative of a vocational, community, or business organization concerned with the provision of transition services to students with disabilities; representatives from the state juvenile and adult corrections agencies; and representatives from advocacy groups, organizations, and state agencies that provide support services to students with disabilities. The majority of the members of the council shall be individuals with disabilities and parents of children with disabilities.

3. Advisory Council Functions

The Advisory Council shall have the following goals:

a. to provide assistance in the development of strategies for meeting the educational needs, including the unmet needs, of students with disabilities ages three through twenty-one;

b. to review and make recommendations on the State's policies and procedures to be submitted to the U.S. Department of Education for a FAPE in the LRE for students with disabilities;

c. to review and make recommendations on regulations and statutes proposed to the State Board of Education and the South Carolina General Assembly;

d. to provide assistance in the development of evaluations and reporting on data to the Secretary of Education;

e. to provide assistance in the development of corrective action plans to address findings identified in federal monitoring reports;

f. to provide assistance in the development and implementation of policies relating to the coordination of services for students with disabilities;

g. to submit an annual report to the South Carolina General Assembly on the education of students with disabilities ages three through five;

h. to submit an annual report to the general public, consistent with other public reporting requirements of Part B of the IDEA, on the activities, accomplishments, and recommendations of the Advisory Council; and

i. to advise on the education of eligible students with disabilities who have been convicted as adults and incarcerated in adult prisons.

4. Advisory Council Procedures

The Advisory Council shall meet as often as necessary to conduct its business, though usually no fewer than three times annually. Official minutes shall be kept on all Advisory Council meetings and shall be made available to the public on request. The Office of Public Information in the SDE announces all Advisory Council meetings, including the agenda and location, to the public. All Council meetings and agenda items are announced enough in advance to afford interested parties a reasonable opportunity to attend. Assistance for individuals with disabilities, including interpreters and other necessary services, shall be provided at Advisory Council meetings for members or participants. The Advisory Council members shall serve without compensation, but the SDE shall reimburse members for reasonable and necessary expenses their incur in attending meetings and performing their duties. The SDE shall use funds under Section 300.620 of the IDEA regulations for these purposes.

S. Policies and Procedures on Use of Funds

The following policies and procedures have been established by the SDE to ensure that funds are utilized in accordance with the provisions of Part B of the IDEA.

1. Procedure for Allocations

a. Of the total allocation under Part B of the IDEA, the SDE shall retain a sum that is not to exceed the maximum state set-aside specified in the grant award notification.

b. Funds equal to the amount specified in the grant award notification shall be utilized in the administration of the IDEA. This amount, however, shall be subtracted from the state set-aside retained by the SDE.

c. The SDE shall utilize a portion of the set-aside funds for direct and support services, for assisting LEAs in meeting personnel shortages, and for the administrative costs of monitoring and complaint investigation to the extent that these costs exceed expenditures for the same purposes during FY 1985, as determined by the U.S. Department of Education. Funds in the amount of $131,194.58 were expended during FY 1985.

d. The minimum amount specified in the grant award notification shall be made available as entitlements to school districts during the fiscal year of the allocation, provided that the requirements of Sections 614 and 615 of Part B of the IDEA are met. Additional funds from the state set-aside that are not needed to support activities will be added to this amount.

e. Entitlements during any fiscal year in which the SDE receives an allocation under Part B of the IDEA shall be made available to districts/agencies in accordance with 34 C.F.R. Section 300.712.

2. Schedule for Entitlements

a. The SDE shall approve appropriate applications for funds under the IDEA only after the SDE has received the appropriate federal approval of the State's policies and procedures.

b. The SDE shall approve the application of a school district when the SDE has determined that the application meets the requirements of the IDEA and provides satisfactory assurance that procedural safeguards are established.

c. The SDE shall make entitlement awards to districts/agencies with approved applications each year following receipt of notification of federal approval of the appropriate policies and procedures and receipt of the grant document pursuant to said approval.

d. If the application submitted to the SDE is not approvable, the SDE shall permit the applicant to make necessary changes within a specified time frame. Should the revised application still be unapprovable, applicants will be permitted to submit another revised application. Should this second revised application be unapprovable, a hearing on the school district application may be held. In no case shall the SDE reserve the entitlement longer than one hundred eighty calendar days from the date of federal approval of the appropriate policies and procedures. Any monies thus forfeited shall be added to recovered funds.

3. Procedures for Reallocation

Reallocations shall be only for the purposes of reissuing funds under the IDEA to school districts in the event that the SDE should recover monies as set forth in these policies and procedures:

a. By March 30 of the carryover funding year, the school district must notify the SDE of the amount of the entitlement that will not be expended by the school district by the end of the entitlement period. The only acceptable reason for not expending all of the entitlement shall be extenuating circumstances or the attainment of full-service goals.

b. The sum of these recovered monies shall be added to any other recovered monies under the entitlement program and/or direct service programs provided recovery is made by July 1 of the carryover year.

c. Utility of recovered funds derived from unexpended entitlement amounts and/or any funds recouped for improprieties shall be reallocated to all eligible agencies on a pro rata basis. This reallocation shall be made within the limitation of the funding period. Should recovery follow the expiration date of the entitlement, all recovered funds shall revert to the federal government.

T. Specific guidelines required by the IDEA are stated in the Policies and Procedures, and the guidance documents Child Find, Confidentiality, Due Process, Individualized Education Programs/Least Restrictive Environment, Surrogate Parents, and Mediation. These documents were developed by the SDE's Office of Exceptional Children and may be accessed through that office.

43-243.1. Criteria for Entry into Programs of Special Education for Students with Disabilities.

A. General Requirements

These criteria for entry into programs of special education for students with disabilities will be used by all members of the multidisciplinary team, who may include school psychologists, speech-language therapists, and other persons responsible for the identification and evaluation of students with disabilities. The federal definitions for all categories of disabilities have been used, as included in the Individuals with Disabilities Act (IDEA), with one exception. The definition from the S. C. Code Ann. (Supp. 2000) was utilized for a Preschool Child with a Disability. All examiners, however, must be appropriately credentialed or licensed and should have completed training that is directly relevant to the assessment procedure being conducted. Examiners may administer supplementary measures such as curriculum-based assessments to gain additional information.

The categories of educable mental disability, trainable mental disability, and profound mental disability have been merged into one category called "mental disability" (MD), in line with the federal definition of the term. This incorporation has been done solely for the purposes of evaluation and initial service identification and will not affect the programming decisions that will be made for these students through the individualized education program (IEP) team. Placement of all students must be determined by the IEP team.

All evaluation procedures must ensure that the following minimal requirements are met:

1. 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.

2. Materials and procedures used to assess a student with limited English proficiency are selected and administered to ensure that they measure the extent to which the student has a disability and needs special education, rather than measuring the student's English language skills.

3. 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.

4. 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.

5. 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.

6. 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).

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

B. Preschool Child with a Disability

1. Definition

A Preschool Child with a Disability means a child ages three, four, or five whose developmental progress is delayed to the extent that a program of special education is required to ensure his/her adequate preparation for school-age experiences.

2. Eligibility Criteria

A multidisciplinary evaluation team that includes a teacher or other specialist with knowledge in early childhood education may determine that a preschool child has a disability and is eligible for special education and related services, if appropriate, if the evaluation information collected from multiple sources verifies one or more of the following:

a. The child's scores on a standardized norm-referenced test are at least two standard deviations below the mean in one or more of the following five areas: cognition, communication, motor, activities of daily living, or social/emotional development (the child's scores in the area of social/emotional development will be two or more standard deviations discrepant from the mean in a maladaptive direction); or

b. The child's scores on a standardized norm-referenced test are at least one and one-half standard deviations below the mean in two or more of the following five areas: cognition, communication, motor, activities of daily living, or social/emotional development (the child's scores in the area of social/emotional development will be one and one-half standard deviations discrepant from the mean in a maladaptive direction); or

c. The child meets specified state eligibility criteria for any of the following disabilities:

(1) speech or language impairment,

(2) orthopedic impairment,

(3) visual impairment,

(4) deafness and hearing impairment,

(5) other health impairment,

(6) deafblindness,

(7) autism,

(8) traumatic brain injury, or

(9) multiple disabilities.

3. Evaluation

The following evaluation components are required for children who do not meet one or more of the criteria specified in item 2c, above:

a. Documentation of vision, hearing, and speech-language screening conducted within the past twelve months.

b. A developmental history, of the child that includes a summary of his or her demographic, developmental, educational, and medical history obtained from a parent or primary caregiver.

c. Documentation of a structured observation of the child in a typical or otherwise appropriate setting (wherever the child spends the majority of his or her day) by a member of the multidisciplinary evaluation team. If speech is the only disability, a pragmatics assessment must be conducted.

d. A comprehensive developmental evaluation conducted by a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist and by other appropriate professionals, as needed, utilizing norm-referenced measures. The comprehensive developmental evaluation shall include measures in the areas of cognition, communication, motor skills, activities of daily living, and social/emotional maturity administered within the past twelve months.

C. Mental Disability

1. Definition

Mental Disability means mental retardation which is defined as significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a student's educational performance.

2. Eligibility Criteria

a. A multidisciplinary evaluation team may determine that the student has a mental disability and is eligible for special education and related services, if appropriate, if the evaluation information collected from multiple sources verifies all of the following:

(1) Significantly subaverage intellectual functioning must be evidenced by scores on both verbal and nonverbal scales at least two standard deviations (+" /- the standard error of measurement) below the mean on one or more individually administered intelligence test(s). Assessments must include measures of both verbal and nonverbal intelligence as appropriate for the individual student. When profile score(s) are inconsistent with significant subaverage performance, then supplementary measures of intellectual functioning must be administered.

When either verbal or nonverbal measures are deemed inappropriate due to the sensory, motor, language, or other conditions of the student, alternative procedures for obtaining a measure of intellectual functioning shall be used. The evaluator shall provide, through a written report, the nature of the substitution made as well as the rationale for invalidating the verbal or nonverbal measure.

(2) Functional limitation in adaptive skill areas as evidenced by composite scores at least two standard deviations (+" /- the standard error of measurement) below the mean on a comprehensive standardized adaptive behavior measure.

(3) Limitations in preacademic, academic and/or functional academic skills is evidenced by significantly subaverage results on one or more individually administered achievement tests or significantly subaverage results on a developmental skills assessment.

(4) The student's mental disability adversely affects his or her educational performance.

b. The following score ranges must be utilized in reporting a child with a mental disability under the South Carolina Education Finance Act:

Intellectual Standard Score ^a1

mild 48-70+-

moderate 25-48+-

severe 0-25+-

^a1. assumes mean of 100 and standard deviation of 15.

For funding purposes only, under the South Carolina Education Finance Act, students falling within the mild category are reported as EMH (educable mentally handicapped), and students falling within the moderate and severe categories are reported as TMH (trainable mentally handicapped).

3. Evaluation

The following evaluation components are required:

a. Documentation of vision, hearing, and speech-language screening conducted within the past twelve months.

b. A developmental history, of the student that includes a summary of his or her demographic, developmental, educational, and medical history obtained from a parent or primary caregiver.

c. One or more individually administered full scale norm-referenced measures of intelligence with appropriate reliability, validity, and standardization characteristics administered within the past twelve months by a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist. A report of the results of a full scale norm-referenced measure-of verbal and nonverbal intelligence, that has been directly administered by a licensed clinical or counseling psychologist with training in the assessment of children and adolescents may be accepted by the school district. This instrument must have appropriate reliability, validity, and standardization characteristics and must have been administered within the past twelve months.

d. A curriculum-based, criterion-referenced, or norm-referenced measure of preacademic, academic, and/or functional academic achievement or a developmental skills assessment individually administered by a trained examiner within the past six months.

e. A standardized measure of adaptive behavior obtained within the past twelve months from the parent or primary caretaker (or by another individual who is knowledgeable of the student, if the parent or primary caretaker is unable to provide sufficient information to complete the adaptive behavior assessment).

f. Documentation of the evidence that the student's mental disability adversely affects his or her educational performance.

D. Specific Learning Disability

1. Definition

Specific Learning disability means a disorder in one of more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not apply to students who have learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

2. Eligibility Criteria

A multidisciplinary evaluation team may determine that the student has a specific learning disability and is eligible for special education and related services, if appropriate, if the evaluation information collected from multiple sources verifies all of the following:

a. The student has been provided with learning experiences appropriate for age and ability levels.

b. The student exhibits a severe discrepancy between achievement and intellectual ability that adversely affects his or her educational performance in one or more of the following areas:

(1) oral expression,

(2) listening comprehension,

(3) written expression,

(4) basic reading skills,

(5) reading comprehension,

(6) mathematics calculation, and/or

(7) mathematics reasoning.

c. The severe discrepancy between ability and achievement has been determined through the use of a discrepancy formula approved by the State Department of Education.

d. The severe discrepancy between ability and achievement is not primarily the result of

(1) vision, hearing, or orthopedic impairment

(2) mental retardation;

(3) emotional disturbance; or

(4) environmental, cultural, or economic disadvantage.

3. Evaluation

The following evaluation components are required:

a. Documentation of vision, hearing, and speech-language screening conducted within the past twelve months.

b. Documentation of consistently applied interventions and results aimed at remediating the specific educational deficits within the past twelve months.

c. A developmental history of the student that includes a summary of his or her demographic, developmental, educational, and medical history obtained from a parent or primary caregiver.

d. One or more individually administered full scale norm-referenced measures of verbal and nonverbal intelligence with appropriate reliability validity, and standardization characteristics administered by a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist within the past twelve months. A report of the results of a full scale norm-referenced measure of verbal and nonverbal intelligence that has been directly administered by a licensed clinical or counseling psychologist with training in the assessment of children and adolescents, may be accepted by the school district. This instrument must have appropriate reliability validity, and standardization characteristics and must have been administered within the past twelve months.

e. Documentation of at least one observation of the student performing in the area(s) of suspected disability by a member of the evaluation team other than the referring teacher within the past twelve months.

f. A norm-referenced measure of achievement in all areas of suspected disabilities listed in item 2b above, that has been individually administered within the past six months.

g. Documentation of the evidence that the student's learning disability adversely affects his or her educational performance.

E. Emotional Disability

1. Definition

Emotional Disability means an emotional disturbance defined as a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects the student's educational performance:

a. an inability to learn that cannot be explained by intellectual, sensory, or health factors;

b. an inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

c. inappropriate types of behavior or feelings in normal circumstances;

d. a general pervasive mood of unhappiness or depression;

e. a tendency to develop physical symptoms or fears associated with personal or school problems.

The term includes schizophrenia. The term does not apply to children who are socially maladjusted unless it is determined that they have a serious emotional disturbance.

2. Eligibility Criteria

A multidisciplinary evaluation team may determine that the student has an emotional disability and is eligible for special education and related services, if appropriate, if the evaluation information collected across from multiple sources verifies the existence of certain specific circumstances all of the following:

a. The student is rated within the highest level of significance on a valid and reliable problem behavior rating scale (or similarly named subscale) by both a certified teacher and another adult knowledgeable of the student.

b. The student's observable school and/or classroom problem behavior is documented as occurring at a significantly different rate, intensity, or duration than the substantial majority of typical school peers, or the student is currently displaying behavior that is endangering his or her life or seriously endangering the safety of others.

c. The student's problem behavior has existed for a minimum of four consecutive months, or the student is currently displaying behavior that is endangering his or her life or seriously endangering the safety of others.

d. Documentation exists that specifically prescribed and consistently employed interventions have not resulted in significant improvement in the student's problem behavior. A certified staff member such as a special education teacher, guidance counselor or certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist with expertise in behavior management has provided consultation to the classroom teacher(s) or other appropriate staff members for a minimum of four weeks through the development of a written behavioral intervention plan. This four-week consultation period may be shortened if the student is currently displaying behavior that is endangering his or her life or seriously endangering the safety of others.

e. The student's score falls within the highest level of significance on a valid and reliable personality measure (if the administration of a personality measure has been deemed developmentally appropriate), or there exists a significant discrepancy between the observed behavior and the student's performance on the personality measure.

f. The student's emotional disability adversely affects his or her educational performance.

3. Evaluation

The following evaluation components are required:

a. Documentation of vision, hearing, and speech-language screening conducted within the past twelve months.

b. A developmental history, of the student that includes a summary of his or her demographic, developmental, educational, and medical history obtained from a parent or primary caretaker.

c. Anecdotal records collected over a period of at least ten school days within a period of thirty calendar days.

d. Documentation that the problem behavior has existed for at least four months or that the behavior seriously endangers the student's life or seriously endangers the safety of others.

e. Documentation that the consultation provided by a certified staff member with expertise in behavior management resulted in an intervention plan that was implemented for a minimum of four weeks within the past twelve months.

f. Three direct observations, in at least two different settings, both of which may be school settings, by a certified school psychologist, a licensed school psychologist or a licensed psycho-educational specialist, and/or an observer with expertise in behavior management that provide evidence that the problem behavior occurs at a significantly different rate, intensity, or duration than in a substantial majority of typical school peers.

g. Behavior rating scales completed by a certified teacher and another adult knowledgeable of the student and interpreted in consultation with a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist.

h. A valid and reliable personality measure, when developmentally appropriate, administered by a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist. A report of a valid and reliable personality measure, when developmentally appropriate, that has been directly administered by a licensed clinical or counseling psychologist with training in the assessment of children and adolescents may be accepted by the school district.

i. An individually administered norm-referenced measure of general intelligence with appropriate reliability validity, and standardization characteristics administered within the past twelve months by a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist. A report of the results of an individually administered norm-referenced measure of general intelligence that has been directly administered by a licensed clinical or counseling psychologist with training in the assessment of children and adolescents may be accepted by the school district. This instrument must have appropriate reliability, validity, and standardization characteristics and must have been administered within the past twelve months.

j. An individually administered norm-referenced measure of academic achievement obtained within the past six months.

k. Documentation of the evidence that the student's emotional disability adversely affects his or her educational performance.

F. Speech or Language Impairment

1. Definition

Speech or Language Impairment means a communication disorder such as stuttering, impaired articulation, a language impairment or a voice impairment that adversely affects a student's educational performance.

2. Eligibility Criteria

A multidisciplinary evaluation team-that includes a speech-language therapist may determine that the student has a speech or language impairment and is eligible for special education and related services, if appropriate, if the evaluation information collected from multiple sources:

a. The student demonstrates at least one of the following impairments:

(1) articulation impairment evidenced by either

(a) single or multiple production errors on a developmental scale of articulation competency,

(b) misarticulations that interfere with communication and attract adverse attention, or

(c) reduced intelligibility due to a phonological disorder or an inability to use the speech mechanism appropriately due to a motor speech disorder such as apraxia or dysarthria;

(2) language impairment evidenced by:

(a) scores of at least one and one-half standard deviations below the mean for that assess the components of language and either

(b) inappropriate, inadequate, or limited expressive or receptive language as measured by criterion-referenced testing or

(c) scores of at least one and one-half standard deviations below the mean for chronological age or developmental age on one or more standardized tests that assess language processing or

(d) limited ability to process language as evidenced by criterion-referenced testing, curriculum-based assessment, or structured classroom observations;

(3) stuttering or disorders of fluency evidenced by either

(a) excessive or atypical dysfluencies for the student's age, gender, or speaking situation, with or without his or her awareness of the dysfluencies, or

(b) the presence of secondary stuttering characteristics or avoidance behaviors;

(4) voice impairment evidenced by atypical voice quality, pitch, intensity, or resonance that

(a) draws unfavorable attention,

(b) interferes with communication,

(d) adversely affects the speaker or listener; and

b. The student's speech or language impairment adversely affects his or her educational performance.

3. Evaluation

The following evaluation components are required:

a. documentation of hearing, vision and speech-language screening conducted within the past twelve months;

b. developmental history, which of the student that includes a summary of his or her demographic, developmental, educational, and medical history obtained from a parent or primary caregiver;

c. documentation of an oral peripheral examination conducted by a certified or licensed speech-language therapist;

d. Documentation of an evaluation conducted by a certified or licensed speech-language therapist of the suspected impairment(s) as indicated by screening results:

(1) for a student who fails the articulation portion of the speech screening:

(a) an articulation measure of single-word utterances,

(b) a conversational articulation measure, and

(2) for a student who fails the language portion of the speech screening:

(a) a measure of receptive and expressive language proficiency that includes evaluation in semantics, syntax, and morphology,

(b) an assessment of social/pragmatic language functioning,

(d) a measure of language processing skills, if appropriate;

(3) for a student who fails the fluency portion of the speech screening:

(a) an assessment of the frequency of dysfluencies,

(b) an assessment of the type of dysfluencies,

(d) a description of the student's secondary characteristics, if appropriate;

(4) for a student who fails the voice portion of the speech screening:

(a) clearance from a medical doctor that the evaluation can take place and

(b) completion of a vocal characteristics checklist, a description of the student's vocal quality, intensity, resonance, and pitch;

(5) for a preschool child: completion of a pragmatics assessment; and

e. Documentation of the evidence that the student's speech or language impairment adversely affects his or her educational performance.

G. Deaf and Hard of Hearing

1. Definitions

Deaf means a hearing loss that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a student's educational performance.

Hard of Hearing means a hearing loss, whether permanent or fluctuating, that adversely affects a student's educational performance but that is not included under the definition of deaf in this section.

2. Eligibility Criteria

A multidisciplinary evaluation team that includes a certified teacher of students with hearing loss and/or a certified or licensed speech-language therapist may determine that the student has a hearing loss and is eligible for special education and related services, if appropriate, if the evaluation information collected from multiple sources the following:

a. The degree of hearing loss, as determined by a licensed audiologist/otolaryngologist, is 20 dB or greater, either unilaterally or bilaterally, or the student has a fluctuating hearing loss, either unilaterally or bilaterally, as evidenced by a medical history (provided by a physician, preferably an otolaryngologist) of chronic middle ear disease.

b. The student's hearing loss adversely affects his or her educational performance.

3. Evaluation

The following evaluation components are required:

a. Documentation of vision, hearing, and speech-language screening information conducted within the last twelve months. The hearing screening requirement is waived if the audiological evaluation or medical history report meets criteria specified in items c and d below.

b. A developmental history of the student that includes a summary of his or her demographic, developmental, educational, and medical history obtained from a parent or primary caregiver.

c. A written report of an audiological evaluation conducted within the past twelve months by a licensed or certified audiologist/otolaryngologist that includes

(1) pure tone air and bone conduction thresholds,

(2) speech reception thresholds or speech detection thresholds,

(3) word recognition testing in quiet and amid noise,

(4) tympanometry, including reflex testing when appropriate, and

(5) aided pure tone speech results, when appropriate.

If the student does not respond to all aspects of the audiological evaluation listed above, other appropriate measures--in consultation with an audiologist/otolaryngologist must be utilized.

d. In instances where a fluctuating hearing loss is suspected, a medical history obtained from a licensed physician (preferably an otolaryngologist) documenting chronic middle ear disease.

e. A norm-referenced or criterion-referenced measure of academic achievement or developmental assessment individually administered within the past six months.

f. An assessment of receptive and expressive communication skills in the student's preferred mode.

g. Documentation of the evidence that the student's hearing loss adversely affects his or her educational performance.

A student whose primary disability is being deaf or hard of hearing impairment may also exhibit characteristics of a concomitant disability that adversely affects his or her educational progress. Evaluation in the areas of suspected disability must also be conducted in the student's preferred mode of communication by individuals with knowledge of the educational needs of students with hearing loss.

H. Visual Impairment

1. Definition

Visual impairment, including blindness, means an impairment in vision that, even with correction, adversely affects a student's educational performance. The term includes both partial sight and blindness.

2. Eligibility Criteria

A multidisciplinary evaluation team that includes a teacher certified in visual impairment or other professionals knowledgeable of the educational needs of students with visual impairments may determine that the student has the disability of visual impairment and is eligible for special education and related services, if appropriate, if the evaluation information collected from multiple sources verifies the existence of certain specific circumstances. The following criteria must be met:

a. One of the following:

(1) The visual acuity, as determined by a licensed optometrist or ophthalmologist, with correction is 20/70 or worse in the better eye.

(2) The visual acuity, as determined by a licensed optometrist or ophthalmologist, is better than 20/70 with correction in the better eye, and there is documentation of either of the following conditions: a diagnosed progressive loss of vision or a visual field of 20 degrees or less.

(3) The visual acuity is unable to be determined by a licensed optometrist or ophthalmologist, and the existence of functional vision loss is supported by functional vision assessment findings.

(4) The existence of cortical visual impairment in the student has been diagnosed by a licensed optometrist, ophthalmologist, or neurologist.

b. The student's visual impairment adversely affects his or her educational performance.

3. Evaluation

The following evaluation components are required:

a. Documentation of vision, hearing, and speech-language screening conducted within the past twelve months. The vision screening requirement is waived if a vision examination report meeting criterion specified in item c below is furnished.

b. A developmental history of the student that includes a summary of his or her demographic, developmental, educational, and current medical history obtained from a parent or primary caregiver.

c. A written report of a visual examination conducted within the past twelve months by a licensed ophthalmologist or optometrist. For diagnosed cortical visual impairment, the examination may be conducted by a neurologist.

d. A functional vision assessment conducted by a teacher certified in the area of visual impairment, a credentialed orientation and mobility specialist, or a trained diagnostician.

e. An assessment conducted by a teacher certified in visual impairment to determine appropriate literacy media and to evaluate braille skills.

f. A norm-referenced or criterion-referenced measure of academic achievement, or a developmental assessment, or an assessment of vision specific skills individually administered within the past six months.

g. Documentation of the evidence that the student's visual impairment adversely affects his or her educational performance.

Students whose primary disability is visual impairment may also exhibit characteristics of a concomitant disability that adversely affects their educational progress. When these students are not making reasonable progress, further evaluation in the areas of suspected disability must be conducted.

I. Deafblindness

1. Definition

Deafblindness means concomitant hearing loss and visual impairment, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children who are deaf or hard hearing or children with blindness.

2. Eligibility Criteria

A multidisciplinary evaluation team that includes certified instructional personnel or other professional knowledgeable of the educational needs of students with deafblindness may determine that the student is deafblind and is eligible for special education and related services, if appropriate, if the evaluation information collected from multiple sources verifies the following:

a. The student has a visual impairment as evidenced by one the following:

(1) The visual acuity, as determined by a licensed optometrist or ophthalmologist, with correction is 20/70 or worse in the better eye.

(2) The visual acuity, as determined by a licensed optometrist or ophthalmologist, is better than 20/70 with correction in the better eye, and either one of the following conditions: a diagnosed progressive loss of vision or a visual field of 20 degrees or less.

(3) The visual acuity is unable to be determined by a licensed optometrist or ophthalmologist, and the existence of functional vision loss is supported by functional vision assessment findings or

(4) The existence of cortical visual impairment in the student has been diagnosed by a licensed optometrist, ophthalmologist, or neurologist.

b. The student has a hearing loss as evidenced by either

(1) a hearing loss of greater than 20 dB, either unilaterally or bilaterally, as determined by a licensed audiologist/otolaryngologist or

(2) a fluctuating hearing loss, either unilaterally or bilaterally, as evidenced in the results of an audiological evaluation and in a medical history of chronic middle ear disease that is provided by a physician, preferably one who is an ear, nose, and throat specialist.

c. The student's deafblindness adversely affects his or her educational performance.

3. Evaluation

The following evaluation components are required:

a. Documentation of vision, hearing, and speech-language screening conducted within the past twelve months. The requirement for vision and hearing screening is waived if a written report of visual and/or audiological evaluation that meet criterion c, f, or g below is furnished.

b. A developmental history of the student that includes a summary of his or her demographic, developmental, educational, and current medical history obtained from a parent or primary caregiver.

c. A written report of a visual examination conducted within the past twelve months by a licensed ophthalmologist or optometrist. For a diagnosed cortical visual impairment, the examination may be conducted by a neurologist.

d. A functional vision assessment conducted by a teacher certified in the area of visual impairment, a credentialed orientation and mobility specialist, or trained diagnostician.

e. An assessment conducted by a teacher certified in visual impairment to determine appropriate literacy media and to evaluate braille skills.

f. A written report of an audiological evaluation conducted within the past twelve months by a licensed or certified audiologist/otolaryngologist that includes

(1) pure tone air and bone conduction thresholds,

(2) speech reception thresholds or speech detection thresholds,

(3) word recognition testing in quiet and amid noise,

(4) tympanometry, including reflex testing when appropriate, and

(5) aided pure tone speech results, when appropriate.

(6) If the student does not respond to all aspects of the audiological evaluation specified above, other appropriate measures--in consultation with an audiologist/otolaryngologist must be utilized.

g. In instances where a fluctuating hearing loss is suspected, a medical history obtained from a licensed physician (preferably an otolaryngologist) documenting chronic middle ear disease.

h. An individually administered criterion-referenced measure of academic achievement or a developmental or ecological assessment.

i. An assessment of receptive and expressive communication skills in the student's preferred mode.

j. Documentation of the evidence that the student's deafblindness adversely affects his or her educational performance.

J. Orthopedic Impairment

1. Definition

Orthopedic Impairment means a severe orthopedic impairment that adversely affects a student's educational performance. The term includes impairments caused by congenital anomaly (e.g., clubfoot, absences of some member, etc.) impairments caused by disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

2. Eligibility Criteria

A multidisciplinary evaluation team that includes an individual knowledgeable of orthopedic impairment may determine that the student has the disability of orthopedic impairment and is eligible for special education and related services, if appropriate, if the evaluation information collected from multiple sources verifies:

a. The existence of an orthopedic impairment in the student has been diagnosed by a licensed physician.

b. There is documented evidence that student's orthopedic impairment adversely affects his or her educational performance.

3. Evaluation

The following evaluation components are required:

a. documentation of vision, hearing, and speech-language screening conducted within the past twelve months;

b. developmental history of the student that includes a summary of his or her demographic, developmental, educational, and medical history obtained from a parent or primary caregiver;

c. record of observation of at least thirty minutes in the classroom or in student's daily setting conducted by a member of the evaluation team who is knowledgeable of orthopedic impairments;

d. a written report of a medical examination conducted within the past twelve months by a licensed physician that provides a diagnosis and description of the student's current physical status;

e. a norm-referenced or criterion-referenced measure of academic achievement or developmental assessment individually administered within the past six months; and

f. documentation of the evidence that the student's orthopedic impairment adversely affects his or her educational performance.

K. Other Health Impairment

1. Definition

Other Health Impairment means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and adversely affects a student's educational performance.

2. Eligibility Criteria

A multidisciplinary evaluation team that includes an individual knowledgeable of other health impairments may determine that the student has the disability of other health impairment and is eligible for special education and related services, if appropriate, if the evaluation information collected from multiple sources verifies:

a. The existence of a health impairment in the student has been diagnosed by a licensed physician.

b. There is documented evidence that student's health impairment adversely affects his or her educational performance.

3. Evaluation

The following evaluation components are required:

a. documentation of vision, hearing, and speech-language screening conducted within the past twelve months;

b. a developmental history of the student that includes a summary of his or her demographic, developmental, educational, and medical history obtained from a parent or primary caregiver;

c. record of observation of at least thirty minutes in the classroom or in student's daily setting conducted by a member of the evaluation team who is knowledgeable a of health impairments;

d. a written report of a medical examination conducted within the past twelve months by a licensed physician that provides a diagnosis and description of the student's current health status;

e. a norm-referenced or criterion-referenced measure of academic achievement or developmental assessment individually administered within the past six months; and

f. Documentation of the evidence that the student's "other health impairment" adversely affects his or her educational performance.

L. Traumatic Brain Injury

1. Definition

Traumatic Brain Injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

2. Eligibility Criteria

A multidisciplinary evaluation team shall include a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist in addition to a speech-language therapist knowledgeable in the education of students with traumatic brain injury.

This multidisciplinary team may determine that the student has a disability of traumatic brain injury and is eligible for special education and related services, if appropriate, if the evaluation information collected from multiple sources verifies:

a. The existence of traumatic brain injury has been diagnosed by a licensed physician. Or, in the absence of an existing medical diagnosis or a prior diagnosis of a traumatic brain injury, both of the following are furnished:

(1) a documented history that evidences trauma to the head resulting in impairments according to the definition of the term "traumatic brain injury" (see above) and

(2) a cognitive profile that is consistent with the head injury.

b. The injury has resulted in partial or total functional disability and/or psychosocial impairments.

c. The student's traumatic brain injury adversely affects his or her educational performance.

3. Evaluation

The following evaluation components are required:

a. Medical records, if available.

b. Documentation of vision, hearing, and speech-language screening conducted after the injury and within the past twelve months.

c. Review of the developmental history or education records of the student to determine effect on his or her educational performance and psychosocial functioning. Particular attention should be paid to the student's progress prior to and following the suspected injury.

d. Observations in three environments by an observer, other than classroom teacher, that record the nature and severity of the student's learning and/or behavior difficulties. These may include anecdotal records from previous caregivers; a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist; or the parent(s).

e. Assessment of the student's language processing and use (not receptive or expressive vocabulary tests), memory, attention, reasoning, abstract thinking, judgment, problem-solving skills, auditory perception, and visual perception shall be completed by two professionals--a speech-language therapist and either a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist who are knowledgeable of traumatic brain injury.

f. Documentation of the student's physical functioning that includes motor abilities, sensory functions, and the status of seizure activity, medication, and health.

g. A behavior assessment shall include psychosocial, pre-injury functioning and adjustments to impairments.

h. Documentation of the evidence that the student's traumatic brain injury adversely affects his or her educational performance.

M. Autism

1. Definition

Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child's education performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experience. The term does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in the section on emotional disability.

2. Eligibility Criteria

The multidisciplinary evaluation team must include a specialist knowledgeable in the education of students with suspected autism; a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist; and a speech-language therapist.

a. This multidisciplinary team may determine that a student has autism and is eligible for special education and related services, if appropriate, if the evaluation information collected across multiple settings and from multiple sources verifies that the student exhibits four of the five following indicators:

(1) present or previous disturbances in developmental rates and/or sequences;

(2) present or previous disturbances in responses to sensory stimuli;

(3) impaired or unusual comprehension and/or use of, speech, language, and communication;

(4) impaired abilities to relate to people, objects, or events; and

(5) exhibits a significant rating on a standardized autism rating scale.

b. The student's autism adversely affects his or her educational performance.

3. Evaluation

The following evaluation components are required:

a. Hearing and vision screenings conducted within the past twelve months. If there is difficulty in obtaining valid results, placement should proceed based on available information until valid results can be obtained.

b. A speech and language assessment of functional communication administered by a speech-language pathologist within the past twelve months.

c. A developmental history of the student that includes a summary of his or her demographic, developmental, educational, and medical history obtained from a parent or primary caregiver.

d. At least three twenty-minute direct behavioral observations of the student in at least two environments on at least two different days by more than one member of the multidisciplinary evaluation team that records the nature and severity of the student's learning and/or behavioral difficulties. (An observation in the home is strongly encouraged.)

e. A standardized autism rating scale completed by an adult knowledgeable of the student and interpreted in consultation with a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist.

f. Other information related to the student's suspected disability must be obtained when the multidisciplinary team determines that the above requirements do not adequately assess the child's current functional level. If a standardized individual measure of intelligence is determined to be a helpful component of the evaluation process, the test must be administered by a certified school psychologist, a licensed school psychologist, or a licensed psycho-educational specialist. A school district may accept a standardized individual measure of intelligence that has been directly administered within the past twelve months by a licensed clinical or counseling psychologist with training in the assessment of children and adolescents, if a standardized individual measure of intelligence is determined to be a helpful component of the evaluation process. An assessment of academic achievement through the use of standardized tests or curriculum-based procedures may also be conducted. An adaptive behavior scale may be useful in describing the student's current level of functioning for program planning and placement decision.

g. Documentation of the evidence that the student's autism adversely affects his or her educational performance.

N. Multiple Disabilities

1. Definition

Multiple Disabilities means concomitant impairments (such as mental retardation-blindness, mental retardation-orthopedic impairments, etc.), the combinations of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term does not include deafblindness.

2. Eligibility Criteria

A multidisciplinary evaluation team may determine that the student has multiple disabilities and is eligible for special education and related services, if appropriate, if the student

a. Meets all eligibility requirements for two or more disabilities. Neither of the two disabilities shall be speech or language impairment. The term does not include deafblindness.

b. The student's learning needs are so complex that a single disability cannot be identified as primary.

3. Evaluation

Evaluation components for at least two suspected disability areas shall be completed.

O. Reevaluation

Reevaluations for all categories of disability must be conducted at least once every three years and must be conducted more frequently if conditions warrant, if the parents or school personnel request such reevaluations, or if the student's dismissal from special education is being considered.

1. This reevaluation must be planned and conducted by an IEP team and other qualified professionals as appropriate.

2. The IEP team must review existing evaluation data on the student, including evaluations and information provided by his or her parents, current classroom-based assessments, and observations of teachers and related service providers.

3. On the basis of that review and input from the student's parents, the IEP team must identify what additional data, if any, are needed to determine the following:

a. whether the student continues to have a disability;

b. what the present levels of performance and the educational needs of the student are;

c. whether the student continues to need special education and related services; and

d. 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 forth in his or her IEP and to participate, as appropriate, in the general curriculum.

4. Appropriate: qualified professionals must administer such tests and/or collect other evaluation information to produce the data identified by the IEP team.

5. If the IEP team and other qualified professionals, as appropriate, determine that no additional data are needed, the team must document the justification for this determination.

43-243.2. Repealed by State Register Volume 23, Issue No. 5, eff May 28, 1999.

43-243.3. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-243.4. Utilization of General Teacher Certification.

(Statutory Authority: S.C. Code Ann. Section 59-5-60 (2004), Section 59-21-510 et seq. (2004), and Section 59-33-10 et seq. (2004))

Persons holding a generic teaching certificate issued by the State Department of Education are authorized to provide instruction to students with mild disabilities diagnosed as learning disabled, emotionally disabled, or educable mentally disabled through either a resource or an itinerant services delivery model. Persons holding a generic teaching certificate are also authorized to provide instruction in a self-contained setting for students diagnosed as learning disabled or educable mentally disabled.

43-243.5, 43-243.6. Repealed by State Register Volume 23, Issue No. 5, eff May 28, 1999.

43-244. Interscholastic Activities.

Kindergarten; Grades 1-6: Each school shall prohibit competitive sports of a varsity pattern with scheduled league games and championships for Grades 1-6.

43-244.1. Interscholastic Activities: Academic Requirements for Participation.

I. To participate in interscholastic activities, students in grades 9-12 must have passed at least four academic courses, including each unit the student takes that is required for graduation, with an overall passing average in the preceding semester. Academic courses must be defined as those courses of instruction for which credit toward high school graduation is given. These may be required or approved electives.

A. An ineligible student shall not be allowed to participate in any interscholastic activity.

B. Interscholastic activities shall be defined as all school-sponsored activities for which preparation occurs outside of the regular school day. Individuals or members of groups involved in activities which include out-of-school practice on more than one occasion weekly shall meet eligibility requirements.

C. Academic course shall be defined as any approved course of instruction in the secondary curriculum, required or elective, for which one unit of credit or its equivalent is awarded on a yearly basis, or one-half unit of credit or its equivalent is awarded on a semester basis. If more than one unit of credit is awarded on a yearly basis in a particular subject, this subject shall count as more than one academic course. (Example: A subject taught for three units of credit shall be considered the equivalent of three academic courses.)

D. To be eligible in the first semester, each student must have passed four academic courses that were completed during the second semester of the previous school year.

E. To be eligible in the second semester, each student in grades 9 through 12 must pass at least four academic courses during the first semester.

F. Those courses specifically mandated for a high school diploma shall be considered required courses. A course may not be considered as an elective until all requirements in that subject area have been met. When a student is enrolled in more than four required courses, he must pass four required courses to be eligible for interscholastic activities. When a student is enrolled in four or less required courses, he must pass each required course.

G. Credit courses used for eligibility purposes must be courses that are applicable as credit toward a state high school diploma. If a student has met or is meeting all requirements for graduation and is enrolled in college credit courses, these college credit courses may be used to meet eligibility requirements.

H. Credits earned in a summer school approved by the State Department of Education may be applied toward first semester eligibility if all other requirements of this regulation are met. Academic deficiencies may not be made up through enrollment in correspondence courses or adult education programs.

I. Each student graduating prior to 1987 and needing only 18 units for a South Carolina high school diploma shall be required to pass at least four of the following subjects when enrolled:

1. Language Arts I, II, III, IV (or Remedial English, developmental reading, or remedial reading when taken to meet language arts requirements for graduation)

2. U. S. History

3. Economics

4. Government

5. Other Social Studies (additional one unit taken to meet graduation requirements)

6. Mathematics (to meet two-unit requirement for graduation).

7. Natural Science (to meet one-unit requirement for graduation).

8. Physical Education or ROTC (to meet one-unit requirement for graduation)

J. Each student entering the ninth grade for the first time in the 1983-84 school year or graduating in 1987 or thereafter and needing 20 units for a South Carolina high school diploma shall be required to pass at least four of the following subjects when enrolled:

1. Language Arts I, II, III, IV (or remedial English, with emphasis on reading and functional English, developmental reading, or remedial reading when taken to meet language arts requirements for graduation)

2. U. S History

3. Economics

4. Government

5. Other Social Studies (additional one unit taken to meet graduation requirements)

6. Mathematics (to meet three-unit requirement for graduation). If an approved course in computer science is taken to count as one unit of the mathematics requirement, this course will be considered a required course.

7. Natural Science (to meet two-unit requirement for graduation). If a student is taking the six units in a specific occupational area in lieu of the second unit required in natural science, all courses taken to accumulate these six units shall be considered required courses.

8. Physical Education or ROTC (to meet one-unit requirement for graduation)

K. Each student must maintain an overall passing average during the preceding semester in order to be eligible for participation in interscholastic activities.

1. Each student's overall passing average shall be determined by a numerical average or the district's grading system that determines pass/fail of all courses taken during the previous semester. A passing average shall be consistent with the district's established grading systems.

2. Overall passing average for first semester eligibility shall be determined using numerical scores or the district's grading system to determine pass/fail on all courses completed during the previous semester. (Note: Courses taken during summer school must be included in the determination of this average. If a course is repeated in summer school, the highest grade would be used in determining this average.)

3. Overall passing average for second-semester eligibility shall be determined by using numerical scores or the district's grading system that determines pass/fail on all courses taken during first semester.

L. If interscholastic activities are connected with curriculum experiences in a regular classroom situation (e.g., band, chorus, vocational), a student determined to be ineligible will be allowed to continue as part of the class and earn the grade and credit(s) for that course. Ineligible students will not be allowed to participate in interscholastic activities and shall not be penalized or have the course grade lowered because of their ineligibility to participate in those activities.

II. All activities currently under the jurisdiction of the South Carolina High School League shall remain in effect.

III. The monitoring of all other interscholastic activities is the responsibility of the local board of trustees.

A. Local boards of trustees shall develop and implement a system of monitoring the eligibility of students in grades 9-12 within the individual school districts who are involved in interscholastic activities not under the jurisdiction of the S. C. High School League.

B. The State Department of Education shall provide schools and school districts with a monitoring format for reporting to the local boards of trustees. This format shall be designed to monitor requirements of this regulation and all necessary implications.

C. Eligibility for any interscholastic activity shall be determined and reported prior to participation in that activity. Eligibility for each student will continue from first semester through the 95th day of the school year allowing five days for grades to be averaged and recorded after the end of the first semester.

D. Compliance with this portion of the regulation shall be reported to the State Department of Education through the assurances portion of the Basic Educational Data System accreditation process for district superintendents and boards of trustees.

E. Failure to comply with this regulation shall result in an accreditation deficiency for the local board of trustees.

IV. Those students diagnosed as handicapped in accordance with the criteria established by the State Board of Education and satisfying the requirements of their Individualized Education Plan (IEP) as required by Public Law 94-142 shall be permitted to participate in interscholastic activities.

A. Each student in grades 9-12 classified as handicapped and being served by a program designed for his/her handicapping condition that does not lead to a state high school diploma will be considered eligible for participation if he/she is successfully meeting the requirements of his/her Individual Education Plan.

B. Each student in grades 9-12 classified as handicapped and being served in a program leading to a state high school diploma shall be required to meet the requirements previously stated in this regulation for eligibility to participate in interscholastic activities.

V. Any local board of trustees in its discretion is authorized to impose more stringent standards than those contained in this section for participation in interscholastic activities by students in grades 9-12.

VI. The provisions for eligibility in interscholastic activities shall take effect at the beginning of the second semester of the 1984-85 school year.

A. Eligibility for participation in interscholastic activities for first semester of the 1984-85 school year will be determined by previously existing rules and regulations of the S. C. High School League and/or local school districts and will not be influenced by the requirements of this regulation.

B. Beginning with second semester of the 1984-85 school year and thereafter, each student must meet requirements of this regulation (59-39-160) in order to be eligible for participation in interscholastic activities.

43-245. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-246. Instruction at Place Other Than School.

(Statutory Authority: 1976 Code Sections 59-5-60 and 59-65-40)

A parent or guardian denied permission by a district board of trustees to begin or continue a program of home instruction may appeal that decision to the State Board of Education, pursuant to Section 59-65-40 of the Code of Laws of South Carolina, 1976. When permission to operate a home instruction program is denied by a district board of trustees, the district board must notify the parent or guardian in writing of his/her right to appeal to the State Board of Education. The notice of appeal must be submitted, in writing, to the State Superintendent within ten days of receipt of the written denial by the district board of trustees, and the parent or guardian must notify the district superintendent of the appeal. The district superintendent shall send a copy of the record of the meeting held by the district board of trustees to consider the home instruction application to the State Superintendent of Education.

The record will be referred to the State Board of Education or its designee. The parties will be notified of the date on which the State Board of Education will review the record. The parties may submit a written brief at least five (5) working days before the date set for review. The State Board of Education may invite the parties to make an oral presentation. The Chair of the State Board of Education will notify the parties in writing of the final decision of the board.

43-247 to 43-249. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-250 to 43-252. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-253. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

43-254. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-255, 43-256. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff. June 27, 1997.

43-257, 43-258. Repealed by State Register Volume 21, Issue 3, eff. March 28, 1997.

43-258.1. Advanced Placement.

I. DEFINITION OF ADVANCED PLACEMENT COURSES

Advanced Placement Courses: Courses developed by the College Board with prescribed curricula and tests for which students receive high school credit, and for which students scoring at an acceptable level on the Advanced Placement examination will be eligible to receive college credit from participating institutions.

II. SCHOOL REQUIREMENTS FOR ADVANCED PLACEMENT OFFERINGS

All secondary schools whose organizational structure includes grade 11 or 12 shall offer an Advanced Placement course(s).

III. POPULATION TO BE SERVED

All students enrolled in Advanced Placement programs for which funding is provided under these regulations shall be required to take the College Board administered examination.

IV. REQUIREMENTS FOR ADVANCED PLACEMENT TEACHERS

The State Department of Education will fund and coordinate Advanced Placement teacher training courses. Each teacher of an Advanced Placement course shall have completed the appropriate Advanced Placement three graduate hour training program verified by the appropriate college or university.

Exception 1: Newly assigned teachers of Advanced Placement courses will have one calendar year to meet the Advanced Placement course training requirements.

Exception 2: Teachers who hold a Ph.D. in their subject area may have the training waived.

Exception 3: Teachers who have served with Educational Testing Service as readers for the AP exams may have the training waived.

43-259. Graduation Requirements.

A. The State High School Diploma (Grades 9-12)

1. Requirements

a. To qualify for a state high school diploma, any student who enrolled for the first time in a ninth-grade class of school year 1997-98 and thereafter must earn a total of twenty-four units of credit in state-approved courses 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

Physical education or Junior ROTC 1.0

Computer science (including 1.0

keyboarding) [FN1]

Foreign language [FN2] or Career and 1.0

Technology Education [FN2]

Electives 7.0

Total [FN3] 24.0

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[FN1] For all Business and Marketing computer courses, Keyboarding for a

half-credit or the equivalent keyboarding skill based on the Keyboarding

course competencies is a prerequisite.

[FN2] To meet the state high school diploma requirements, for students in a

college preparatory program, a student earn one unit in a foreign language

(most four-year colleges/universities require at least two units of the same

foreign language); and students in a technology preparation program, must

earn one unit in Career and Technology Education.

[FN3] The student must demonstrate computer literacy before graduation.

b. A student first enrolled in the ninth grade prior to the 1997-98 school year is eligible to receive a twenty-unit state high school diploma if all prescribed unit and exit examination requirements are met. The twenty units of credit are distributed as follows:

Unit Requirements

English/language arts 4.0

Mathematics 3.0

Science 2.0

U.S. History and Constitution 1.0

Economics 0.5

U.S. Government 0.5

Other social studies 1.0

Physical education or Junior ROTC 1.0

Electives [FN4] 7.0

Total [FN3] 20.0

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[FN4] Most four-year colleges/universities require at least two units in the

same foreign language.

c. In order to receive a state high school diploma, the student must complete a study of and pass an 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 or within another course using a suitable text recommended by the State Department of Education and prescribed by the State Superintendent of Education for approval by the State Board of Education.

d. In order to receive a state high school diploma, the student must have attended the accredited high school issuing the diploma for at least the semester immediately preceding graduation, except in the case of a bona fide change of residence to a location where the sending school will not grant the diploma. Units earned in a summer school program do not satisfy this requirement.

e. A student may transfer credit earned in the adult education program to a secondary school to count toward the units of credit required for a state high school diploma, if for each unit being transferred a minimum of one hundred twenty hours has been spent in class time in that subject at that level and the teacher was properly certified to teach the course.

f. No student shall be allowed to apply to the units required for a state high school diploma more than six units earned in summer school, and/or through approved correspondence courses, and/or through adult education programs.

g. In order to receive a state high school diploma, a student must--in addition to passing the required courses--pass the South Carolina High School Exit Examination. For the specific regulation relating to the exit examination, see State Board of Education Regulation 43-262, Assessment Programs.

2. Provisions for Granting High School Credit

a. Adult Education: High school credit earned in an approved adult education program may be used to meet regular high school graduation requirements if (1) a minimum of one hundred twenty hours of attendance has been completed for each unit being transferred and (2) the teacher providing the instruction is properly certified to teach the course. Written approval for exceptions to this standard must be requested by the high school principal and approved by the director of the Office of School Quality.

b. Credit shall 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. Credit from nonaccredited schools must be validated by standardized examinations by the local administrator to evaluate prior academic work and/or the student may be given a tentative assignment in classes for a probationary period.

c. Credit for distance learning/correspondence courses may be allowed when approved specifically by the local superintendent or his or her designee.

d. Students enrolled in grades nine through twelve or an adult education program may earn college course credit that can be applied to the twenty-four units required for a state high school diploma. The acceptance of credits for college course work shall be 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) Only courses applicable to baccalaureate degrees or to associate degrees in arts or in science offered by institutions in the State that are accredited by the Commission on Colleges of the Southern Association of Colleges and Schools may be accepted for Carnegie units of credit.

(4) Tuition and other college course fees shall be the expense of the individual student or his or her parent(s) or legal guardian, unless otherwise specified in local school district policy.

3. Special Education Minimum Curriculum

Students who complete a program of prescribed special education shall be awarded a state high school diploma, a state certificate, or a certificate designed and issued by the school district. If a determination has been 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 who are certified in or who hold out-of-field permits 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 nondisabled students and in accordance with cooperative instructional arrangements between regular education and special education as set forth in the student's Individualized Education Program.

Alternative 2. Beginning with the ninth-grade class of 1997-98 and thereafter, a student properly in membership in programs for students with disabilities may receive a state high school diploma provided he or she earns a total of at least twenty-four units, seventeen of which are the same required of nondisabled students; seven of the twenty-four units may be earned in special education. [FN1] When an elective credit is to be issued in any category of disability, the competencies and criteria for successful completion must be specified in the Individualized Education Program.

[FN1] A teacher of disabled pupils in the resource or itinerant model shall be certified or have a permit 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 six 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 shall 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 and approval for an innovative program must be sought from the Office of School Quality. Students classified as having a mental disability (mild, moderate, or severe) may not be commingled without an innovative program approval. The teacher must be certified or hold an out-of-field permit in the area of disability of the majority of the pupils served.

B. The State High School Equivalency Diploma

The State Board of Education recognizes the high school-level General Educational Development (GED) Test battery and will issue a state high school equivalency diploma to eligible candidates who successfully complete the tests. The State Board of Education authorizes the administration of the GED Tests by the State Department of Education under policies established by the State Board of Education and the Commission on Educational Credit and Credentials (American Council on Education) and procedures established by the GED Testing Service, Washington, DC.

1. Eligibility Requirements for Equivalency Diploma Candidates

a. Service Personnel and Veterans

To be eligible for a state high school equivalency diploma, the candidate must be

(1) either a resident of South Carolina or a former resident whose most recent elementary or secondary school attendance was in South Carolina, and

(2) seventeen years of age or older.

b. General Adult Population

To be eligible for a state high school equivalency diploma, the candidate must be

(1) either a resident of South Carolina or a former resident whose most recent elementary or secondary school attendance was in South Carolina, and

(2) seventeen years of age or older and not enrolled in high school.

A person seventeen or eighteen years of age and any person over eighteen years of age who was enrolled in school during the current school year must submit a Verification of School Withdrawal form completed by either the school principal or attendance supervisor of the last school he or she attended or from the district superintendent over the school. This form must verify the candidate's date of birth and the date of his or her last attendance at the school. In the event that the last school attended was outside South Carolina, a person seventeen or eighteen years of age may submit a letter from an adult education coordinator or director verifying his or her date of birth and the date of last attendance in school. Verification by the adult education coordinator or director in this instance will be based upon inspection of transcript records. Verification letters are to be forwarded to the Chief Examiner, GED Testing Office, Office of Adult and Community Education, State Department of Education, Rutledge Building, Columbia, South Carolina 29201.

c. Special-Needs Exception for Sixteen-Year-Old Juvenile Offenders, State Department of Juvenile Justice

(1) The juvenile must be at least sixteen years of age.

(2) The juvenile must be under the jurisdiction of the Family Court based on an adjudication of delinquent behavior and must be committed to a juvenile correctional institution or committed to participate in community-based alternative programs under the jurisdiction of the Department of Juvenile Justice.

(3) The Family Court must certify that it is in the best interest of the juvenile to be exempted from the public school compulsory attendance law.

(4) The student's attendance in public school or completion of community-based alternative program is not feasible upon release from a juvenile correctional institution due either to the necessity of immediate employment or to his or her immediate enrollment in postsecondary education.

(5) Prior to taking the GED Tests, the juvenile must be tested using the official GED practice tests and must score a minimum of 2200.

2. Passing Score Requirements

a. Eligible candidates who were initial examinees before July 1, 1991, were awarded a state high school equivalency certificate if the candidates attained an average standard score of 45 or above for the five tests in the GED battery. The South Carolina high school equivalency certificate was not awarded after July 1, 1995.

b. Eligible candidates who were examinees after July 1, 1991, were awarded a state high school equivalency diploma if they attained a minimum-standard score of 35 on each of the five tests in the GED battery and an average standard score of 45 or above for the five tests.

c. Eligible candidates who were examinees after January 1, 1997, will be awarded a state high school equivalency diploma if they attained a minimum-standard score of 40 on each of the five tests in the GED battery and an average standard score of 45 or above for the five tests.

d. Eligible candidates who are examinees after January 1, 2002, will be awarded a state high school equivalency diploma if they attain a minimum-standard score of 410 on each of the five tests in the GED battery and an average standard score of 450 or above for the five tests.

3. Testing and Credential Application Procedures

a. GED Testing in South Carolina

(1) The GED Tests may be scheduled and administered at adult education centers, technical education centers, and other locations approved by the Director, Office of Adult and Community Education, State Department of Education.

(2) Eligible candidates to be tested in South Carolina must submit an application to the GED Testing Office, State Department of Education, or its designee, and pay the required fee set by the State Department of Education for the testing service and credential.

(3) Score reports will be provided to initial examinees only after their completion of all five tests in the GED Test battery.

(4) Retesting of examinees who do not pass the GED Tests will be conducted as follows:

(a) Candidates who attain a total combined score below 2150 on prior administrations must retake the full battery of five tests.

(b) Candidates who attain a total combined score of 2150 or higher on prior administrations may be permitted a partial administration of one or more tests.

(c) No more than three testing sessions (either initial or retesting sessions) may be scheduled for a candidate within any twelve-month period.

(d) Before an application for a second or subsequent retesting session is approved, either a waiting period of six months from the last retesting must elapse or the application must be accompanied by a letter of recommendation from an adult education coordinator or director certifying that the GED candidate has completed a course of instruction since his or her last retesting and has demonstrated readiness on the GED pretest.

(5) Nonresident individuals who are living temporarily in South Carolina may be permitted to take the GED Tests in South Carolina if they meet minimum age requirements and are not enrolled in high school. Nonresident individuals will not be awarded a state high school equivalency diploma unless their most recent elementary or secondary school of attendance was in South Carolina. Nonresidents must submit an application for testing services to the GED Testing Office, State Department of Education, and pay the required fee set by the State Department of Education to cover the full costs of the testing and the score report.

(6) The Department of Education offers the Spanish version of the GED Tests. A score report will be issued upon the student's completion of the five subtests. The South Carolina high school equivalency diploma will not be issued based on the Spanish version of the GED Tests.

b. GED Testing Outside South Carolina

Eligible candidates tested outside South Carolina must submit a diploma application to the GED Testing Office, State Department of Education and pay the required fee to cover the costs of the diploma. Applicants must arrange for transcripts (score reports) to be sent directly to the Chief Examiner, GED Testing Office, State Department of Education. Transcripts will be accepted as official only when reported directly to the Department of Education by (a) official GED Testing Centers, (b) the Transcript Service of the Defense Activity for Nontraditional Education Support (DANTES), or (c) the GED Testing Service, Washington, DC. Eligible candidates who are tested outside of South Carolina must meet the State's passing score requirements in order to receive a state high school equivalency diploma.

C. Adult Education: High School Diploma Program

1. Requirements

The number of units shall be consistent with the requirements prescribed by the State Board of Education for adults to complete the requirements for a state high school diploma.

a. A student first enrolled in adult education on or after July 1, 2000, must earn a total of twenty-four prescribed units of credit and pass the exit examination to earn a state high school diploma. The twenty-four units of credit 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

Computer science (including keyboarding) 1.0

Electives 9.0

Total [FN1] 24.0

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[FN1] The student must demonstrate computer literacy before graduation.

b. A student first enrolled in adult education on or before June 30, 2000, is eligible to receive a twenty-unit state high school diploma provided all prescribed unit and exit examination requirements are met on or before June 30, 2001. The twenty units of credit are distributed as follows:

Unit Requirements

English/language arts 4.0

Mathematics 3.0

Science 2.0

U.S. History and Constitution 1.0

Economics 0.5

U.S. Government 0.5

Other social studies 1.0

Electives 8.0

Total [FN1] 20.0

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[FN1] The student must demonstrate computer literacy before graduation.

c. Class time may be waived only when objective evidence of subject matter attainment has been demonstrated by an acceptable performance on a state-approved, subject-matter examination. Credit granted by objective evidence must be approved by the principal of the high school and the director of the adult education program awarding the diploma. A copy of the test results with information as to the date of the examination, the name and form of the state-approved, subject matter examination, the name of the examiner, and the principal's signature of approval must be filed in the school records for the adult.

d. Membership in an adult education program shall be limited to individuals who are eighteen years of age or over and have left the elementary or secondary school, except when the local school board assigns students of less than eighteen years of age who are not officially in membership in a regular school. These students may be assigned to an adult education program when they exhibit either an unusual educational need or physical, social, or economic problems that can be served more effectively by the adult education program. No student under the age of sixteen may be assigned to the adult education program for any reason.

e. No student shall be graduated from the adult education program prior to the time that he or she would have graduated from a regular high school unless written approval is granted by the high school principal and the Office of Adult and Community Education at the State Department of Education. A semester shall be completed in residence (i.e., through actual attendance in the adult education program) as a prerequisite for a student to be eligible for a state high school diploma. This semester in residence is a prerequisite for the state high school diploma and may not be waived. For the purposes of adult education programs, a semester in residence is defined as follows: a student who enters an adult education program needing one or more high school units of credit to graduate must earn at least one unit through attendance (minimum of sixty hours). A student who enters an adult education program needing only one-half unit to graduate must earn that unit through attendance (minimum of thirty hours). A student who enters an adult education program needing only to pass one or more subtests of the exit examination must attend a minimum of twelve hours. A student may not earn a state high school diploma through an adult education program solely by taking state-approved, subject-matter examinations, or receiving credit for occupational training and experiences, and/or correspondence courses.

f. A student may not earn more than eight units of credit through one or a combination of the following methods: (a) passing a state-approved, subject-matter examination (maximum six units of credit allowed), (b) participating in occupational training and similar experiences (maximum six units of credit allowed), and (c) passing approved correspondence courses.

2. Provisions for Granting Course Credit

a. Course credit shall 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.

b. Credit for correspondence courses shall be accepted from the extension divisions of South Carolina colleges and universities and/or the United States Armed Forces Institute. Credit for courses completed through correspondence with other institutions may be accepted when the quality of the work completed is validated by a subject-matter examination. Credit from institutions not accredited by the State Board of Education 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 shall be validated by subject-matter examination or tentative assignment of students in classes for a probationary period.

c. Credit for occupational courses shall be granted on the basis of the following criteria: (a) classes meeting for one hundred twenty or more hours may carry one unit of credit, (b) classes meeting for two hundred forty hours may carry two units of credit, and (c) the hour requirements may be shortened by demonstrated proficiency of the adult student. Trade tests may be part of the evaluative process in granting credit.

d. Credit for occupational training and experience: In the determination of units of credit to be allowed for the educational aspects of occupational training and work experience, the local administrator may request a maximum of six units of credit, provided the student establishes that he or she has had formal training (through trade school, apprenticeship, special programs or course work, and so on) plus at least two years of successful experience verified by his or her employer in the occupation. The issuance of occupational and work experience credits shall be allowed only when the individual has satisfied the necessary academic requirements. The principal of the high school and the director of the adult education program awarding the diploma must recommend that credit be granted for occupational training and experience. The adult student seeking credit for occupational training and experience shall complete a required form stating his or her qualifications. The completed form shall be forwarded to the Office of Adult and Community Education at the State Department of Education and, if approved, shall become a part of the adult student's official school record. (Form AE-Vo. 1, "Evaluation of Occupational Training and Experience for Granting High School Credit in Adult Education" shall be provided by the Office of Adult and Community Education.)

e. Credit earned in an adult education learning laboratory may be granted only by a teacher certified in the area in which credit is to be awarded or via a satisfactory score on an state-approved, subject-matter examination.

3. Approved Programs and Granting of Credit: No credit toward a state high school diploma will be granted to any adult education student unless the program has been officially approved in writing by the Office of Adult and Community Education and the Office of School Quality at the State Department of Education. In instances where programs do not meet the minimum length of time, no credit shall be granted to any student in the high school completion program, unless course credit is validated by state-approved examination. Program related requirements include, but are not limited to, the following:

a. Each district shall provide properly certified administrative, teaching, and supervisory staff for the adult education program. Staff members may be either full-time or part-time, according to the size of the program.

b. Each director employed on or after July 1, 1976, shall either be certified in one of the acceptable areas of certification for an adult education supervisor or hold an advanced degree in the field of adult education and a South Carolina teaching certificate.

c. Each adult education program shall have a director (full or part-time).

d. Each center or program supervisor or coordinator shall meet the same qualifications for certification and dates of employment as set forth in item 2, preceding, for program directors or have a master's degree with certification in the field of guidance.

e. Each adult basic education teacher shall hold at least the bachelor's degree or degree equivalent.

f. Each adult basic education teacher employed on or after July 1, 1976, must either be certified as an elementary teacher or hold at least a bachelor's degree or degree equivalent and have earned eighteen hours in methods, strategies, materials, and/or psychology of teaching adults.

g. Each adult high school subject area teacher shall be certified to teach the subjects assigned.

h. Each adult learning laboratory instructor shall hold at least a bachelor's degree or degree equivalent and either be certified as an elementary or secondary teacher or have earned at least eighteen hours in methods, strategies, materials, and/or psychology of teaching adults.

i. Any staff member who is assigned duties in areas for which he or she is not properly certified must (a) hold a valid teaching credential, (b) have completed twelve semester hours of credit in the area assigned, and (c) obtain an out-of-field permit from the Office of Teacher Education and Certification at the State Department of Education. The staff member must earn six semester hours toward proper certification each year for renewal of the out-of-field permit.

j. A student must attend class a minimum of sixty hours to receive consideration for a high school unit of credit and thirty hours for consideration for one-half unit of credit in a course. Any work missed in the high school completion program must be made up. This requirement does not apply to instances in which credit has been validated by means of state-approved examination.

k. The maximum student membership in an adult education class shall be thirty students per teacher.

l. Innovative programs will be reported to the Office of Adult and Community Education at the State Department of Education when the waiving of certain established standards is necessary for experimentation. Requests for prior approval shall be made to the Office of Adult and Community Education and approved by the Office of School Quality at the State Department of Education.

m. An accurate record of the attendance and achievements of each student shall be kept and should be stored in locked, fireproof filing cabinets, vaults, or a secure database with backup copies.

n. Students enrolled in the high school completion program shall have access to school library facilities.

43-259.5. Repealed by State Register Volume 25, Issue No. 6, eff June 22, 2001.

43-260. Use and Dissemination of Test Results.

1. The participation of local school districts in the statewide testing program is required under Section 6(4)(c) of the South Carolina Education Finance Act, 1977 Act No. 163, Section 2 of the Basic Skills Assessment Program Act, 1978 Act No. 631 and the South Carolina Education Accountability Act of 1998.

2. The State Department of Education will report statewide and school district test results in conjunction with such demographic and socio-economic data as may be necessary for accurate and meaningful interpretation.

3. Test data for individuals shall be released only in a manner that is consistent with the provisions of Section 438 (Privacy Rights of Parents and Students) of the General Education Provisions Act (Title IV of Public Law 90-247, as amended) and any other relevant legislation.

4. The State Superintendent of Education is authorized to develop and implement such administrative procedures as he/she may deem necessary and appropriate for the purposes of fulfilling the intent of these policies.

43-261. District and School Planning.

(Statutory Authority: S.C. Code Ann. Sections 59-5-60 (1990), 59-18-1300 (Supp. 2002), 59-18-1310 (to be codified in Supp. 2003), 59-18-1510 (Supp. 2002), 59-139-05 et seq. (Supp. 2002), and 59-20-60 (Supp. 2002), and the federal No Child Left Behind Act of 2001, 20 U.S.C. Section 6301 et seq. (2002))

A. Development of District Strategic Plan and School Renewal Plans

1. Each school district must develop a five-year district strategic plan and each school must develop a five-year school renewal plan as required by the Early Childhood Development and Academic Assistance Act of 1993 and the Education Accountability Act of 1998. District and school plans shall coordinate and align improvement initiatives.

2. New five-year district and school plans shall be submitted to the State Department of Education by April 30, 2005, and every five years thereafter. Plans will become effective on July 1 of the same year. The annual update of the district strategic plan must be submitted to the State Department of Education by April 30 of each year.

3. The district strategic plan includes the accountability system that directs an annual needs assessment; prioritizes the performance goals; and reports how the district supports schools, students, and families. The district strategic plan and school renewal plans must establish priorities and prioritize efforts to focus on raising student achievement levels for all students, the prevention of academic problems, and reducing the achievement gaps identified on the annual report card. It is imperative that the planning processes demonstrate a commitment to continuous improvement and respond to accountability requirements in both state and federal legislation. The plans must be developed collaboratively by a broad-based group of stakeholders using a consensus process.

4. The district strategic plan, school renewal plans, and annual updates must be reviewed and approved by the local board of trustees and coordinate funding from local, state, federal, and private sources.

5. Districts and schools are urged to follow the model planning process developed by the State Department of Education, although no single planning format is required for district or school plans. Whatever process is used for developing a district strategic plan and school renewal plans must include each of the following components:

a. comprehensive needs assessment,

b. performance goals,

c. interim performance goals,

d. strategies and action plans,

e. evaluation of the strategies,

f. evidence of comprehensive consensus building, and

g. assurances.

6. Schools that use the Southern Association of Colleges and Schools (SACS) accreditation process may substitute the SACS plan for the school renewal plan provided that it includes the components (a) through (g) listed above and described below.

a. Comprehensive Needs Assessment

The annual needs assessment will provide focus for planning teams to set priorities for the plan. The comprehensive needs assessment must identify targeted areas of discrepancy between the desired performance levels and the current status as indicated by available data. Any discrepancies in the following areas identified by the school and district report cards must be included in the plan:

(1) achievement,

(2) achievement by subgroups,

(3) graduation rates,

(4) attendance,

(5) discipline,

(6) teacher/administrator quality and professional growth, and

(7) other priority areas.

b. Performance Goals

Measurable performance goals, written in five-year increments, shall be developed to address the major areas of discrepancy found in the needs assessment in key areas reported in the district and school report cards. Performance goals in the district strategic plan and school renewal plans must address

(1) student achievement,

(2) teacher/administrator quality,

(3) school climate (parent involvement, safe and healthy schools, and other locally identified areas), and

(4) other innovation initiatives or priorities as identified by districts and schools.

c. Interim Performance Goals

Interim performance goals will establish annual measurable targets for the five-year performance goals.

d. Strategies and Action Plans

Strategies shall be derived from scientifically-based education research and best practice and shall be designed to meet the performance and interim performance goals. Action plans, which may include innovative initiatives, will provide details (action/activity, person responsible, start and end dates for major action steps, professional development, necessary resources, and progress measures) regarding the implementation of each data-driven strategy to ensure continuous improvement. Staff development shall meet national professional development standards and must provide participants the knowledge and skills necessary to implement the strategies. Coordination of funding from local, state, federal, and private sources is imperative. Schools visited by an external review team (ERT) must incorporate appropriate recommendations into their annual update.

e. Evaluation of the Strategies

Ongoing evaluation (formative and summative) will assess the progress toward performance goals and annual interim performance goals. Measures of effectiveness must include outcome and process indicators of improvement. The methods of assessing the efficacy of the strategies must provide data regarding the impact of the strategies and whether they should be continued, modified, or terminated. After the initial year of the plan, the evaluation results from the annual update will become a key component of the ongoing needs assessment process.

f. Evidence of Comprehensive Consensus Building

Shared decision making is central to the formulation of a functional plan. Therefore, a collaborative consensus building process shall be used in the development of the district strategic plan and school renewal plans. Stakeholders, including teachers, administrators/principals, parents/guardians, and community representatives, must be actively involved in the district strategic planning and school renewal planning processes. The School Improvement Council must actively participate in the development of the school renewal plan.

g. Assurances

Assurances, signed by the district superintendent, attest that the district and schools comply with all applicable federal and state statutory and fiscal requirements.

B. Review of District Strategic Plan and School Renewal Plans

1. The district strategic plan, school renewal plans, and annual updates shall be submitted to the local board of trustees for review and approval. Five-year plans approved by the local board of trustees must be submitted to the State Department of Education for review and approval by peer review panels convened and trained by the Department.

2. The review panel will do one of the following: (1) approve the plan, (2) provisionally approve the plan pending suggested modifications, or (3) disapprove the plan. The Department shall provide technical assistance, directly or indirectly, to districts and schools with provisionally approved or disapproved plans to ensure that all plans are approved.

3. All district strategic plan updates will be reviewed by the State Department of Education on an annual basis.

C. Waivers

Upon request of a district board of trustees or its designee, the State Board of Education may waive any regulation that would impede the implementation of an approved district strategic plan or school renewal plan.

43-262. Assessment Program.

(Statutory Authority: S.C. Code Ann. Sections 59-5-60 (1990), 59-1-445 (1990), 59-18-310 (Supp. 2002), 59-18-320 (Supp. 2002), 59-18-330 (Supp. 2002), 59-18-340 (Supp. 2002), 59-20-60(4)(c) (Supp. 2002), 59-30-10 (Supp. 2002), and No Child Left Behind Act of 2001, 20 U.S.C. Section 6301 et seq. (2002))

A. STATEWIDE ASSESSMENT PROGRAM

1. The Basic Skills Assessment Program legislation of 1978 (BSAP), S.C. Code Ann. Section 59-30-10, et seq. (1990 and Supp. 2002), the Education Accountability Act of 1998 (EAA), S.C. Code Ann. Section 59-18-310 (Supp. 2002), and the No Child Left Behind Act of 2001, 20 U.S.C. Section 6301, et seq. (2001) (NCLB) require that the State Board of Education develop or adopt a statewide assessment program in certain grades and selected content/skill areas.

2. The statewide assessment program will involve testing public school students at selected grade levels and in selected content and skill areas at times specified by the State Department of Education. The grade(s) and content/skill areas to be included in the assessment program are identified by the BSAP legislation, the EAA, NCLB, and State Board of Education regulations.

The statewide assessment program includes

Grades 3-8, Palmetto Achievement Challenge Tests,

Exit Examination, and

End-of-Course Tests

3. The program is funded through an annual appropriation included in the South Carolina General Appropriations Act. The request for such funding is included in the annual budget request of the State Superintendent of Education. Continued operation of the program is contingent upon the availability of funds.

4. Responsibilities of the State Department of Education for assessments in which school districts are required to participate

a. Supply all necessary test materials, scoring, and standard score reports at no cost to the local school districts.

b. Pay all shipping costs for the transportation of test materials and score reports between the Department, school districts, and scoring service(s).

c. Provide workshops on test administration, interpretation, and utilization for district test coordinators and other selected staff.

d. Report the statewide results of the program to the State Board of Education on an annual basis.

e. Field-test, at the discretion of the State Superintendent of Education, new assessment instruments and/or procedures and recommend changes in the Statewide Assessment Program to the State Board of Education, the Education Oversight Committee, and other appropriate policy-making bodies.

5. Responsibilities of local school districts

a. As used in these regulations, "local school district" shall mean public school districts as well as other state-supported educational institutions that award state high school diplomas.

b. Participate in the assessment program as required by law.

c. Designate one or more district test coordinators (DTCs) who will be the point of contact for the State Department of Education or its contractors as well as attend the workshops provided by the State Department of Education. The DTC is responsible for training school test coordinators (STCs), and the distribution, receipt, storage and return of test materials and reports.

d. Administer the tests (including field tests) in accordance with procedures and at dates and times specified by the State Department of Education.

e. Maintain a complete and accurate inventory of all state-owned tests and related materials that are stored in the district.

6. Students with disabilities shall be included in the assessment program in compliance with the provisions of South Carolina and federal statutes and regulations.

7. The State Superintendent of Education is authorized to develop and implement such administrative procedures as he or she may deem necessary and appropriate for the purpose of implementing the South Carolina Statewide Assessment Program. Any administrative action taken under this regulation will be presented to the State Board of Education during the next regularly scheduled meeting of the Board.

B. SOUTH CAROLINA HIGH SCHOOL EXIT EXAMINATION

1. The exit examination required by the Basic Skills Assessment Program (BSAP), S.C. Code Ann. Section 59-30-10, et seq. (1990 and Supp. 2002), shall be in standard written American English, braille, and signed language and shall consist of subtests in reading, writing, and mathematics based upon the Basic Skills Assessment Program objectives. The requirement for passing the BSAP exit examination shall remain in effect until the discontinuation of the examination after the summer 2005 administration.

2. The exit examination required by the Education Accountability Act of 1998 (EAA), S.C. Code Ann. Section 59-18-310 (Supp. 2000) shall be in standard written American English, braille, and signed language and shall consist of tests in English language arts, mathematics, science, and social studies based on South Carolina curriculum standards. The requirement for passing the EAA exit examination in mathematics and English language arts shall be in effect for the graduating class of spring 2006 with the implementation of other tests in accordance with a timeline published by the State Department of Education.

For the purpose of the high school assessment program (HSAP), high school will be considered to include grades 9-12. Students will initially take HSAP in the second spring after their initial enrollment in high school. For purposes of meeting the state testing requirements these students will be considered as tenth graders.

3. Accommodations and modifications, if any, for special populations (e.g., Limited English Proficient students and students with documented disabilities) taking the exit examination shall be consistent with state and federal statutes and regulations.

4. To pass the exit examination, each student shall meet the minimum performance standard established by the State Department of Education on each part.

5. A student who is enrolled in the South Carolina public school system for the entire tenth-grade, eleventh-grade, and twelfth-grade years and remains actively enrolled and in good standing until graduation shall have a minimum of four opportunities to pass the examination.

6. Any student who fails to pass the exit examination will take an equivalent form of only the parts on which he or she did not meet the minimum performance standard(s) at the next designated administration.

a. For Basic Skills Assessment Program (BSAP) any student who failed to pass the exit examination and who is actively enrolled in school will have one opportunity per year to pass an equivalent form of the failed part or parts of the examination by meeting the minimum performance standard in effect at the time of the test administration, except that during the twelfth grade the student shall have two opportunities to pass an equivalent form of the examination.

b. For High School Assessment Program (HSAP), any student who failed to pass the exit examination and who is actively enrolled in school will have two opportunities per year (spring and fall) to pass an equivalent form of the failed part or parts of the examination by meeting the minimum performance standard in effect at the time of the test administration, except that after the fourth administration a student who is not accruing a minimum of three Carnegie units per academic year will not take the examination again until he or she is classified as a senior by his or her school district.

7. An administration of the exit examination may be available during the summer after the twelfth-grade year for students who have met all other requirements for graduation and who were actively enrolled in school.

8. Local school districts shall insure

a. that the administration and security procedures established by the State Department of Education for the purpose of the exit examination are implemented;

b. that students and parent(s) or guardian(s) are adequately notified that passage of the exit examination is a requirement for a state high school diploma; notification shall be

(1) written,

(2) issued through an established procedure, and

(3) issued to students and parent(s) or guardian(s) by the seventh grade or upon entry into the system, whichever occurs later;

c. that the exit examination administration schedules are publicized;

d. that students who are recommended for a state high school diploma have passed all parts of the exit examination;

e. that students who do not pass a particular part or parts of the exit examination are provided academic assistance related to the part or parts not passed;

f. that students who have met all other requirements for graduation but have not passed the exit examination are advised that they may elect one of the following alternatives:

(1) to accept, in lieu of a state high school diploma, a state certificate indicating the number of credits earned and the grades completed;

(2) to continue active enrollment in high school until the age of 21 or enroll in an adult education program until he or she passes the exit examination; or

(3) to accept a state certificate and acquire additional opportunities to pass the exit examination by enrolling in high school until age 21 or in an adult education program.

C. READINESS TESTS FOR FIRST AND SECOND GRADE

1. Readiness tests for first and second grade will be administered to all students in kindergarten and first grade, respectively.

2. Each local school district in South Carolina shall adopt and implement appropriate policies and procedures pertaining to students who have not met the required standards for the first grade test so as to ensure that

a. the parent(s) or guardian(s) of each child so identified shall be notified in writing not later than fifteen (15) school days after the school district receives the results of the readiness test; a copy of the written notice shall be filed in the scholastic records of the student and the notice shall contain at least

(1) advice to the parent(s) or guardian(s) to obtain a "complete physical examination" for the child;

(2) information about local governmental health services that are available; and

(3) a request that the results of the physical examination, if obtained, be reported to the appropriate school or district authorities who shall be designated by the school district.

b. each child so identified is provided an appropriate developmental curriculum in the first grade; and

c. the parent(s) or guardian(s) of each child so identified is given explanations of deficiencies and suggestions as to appropriate assistance that the parent(s) or guardian(s) may give the child.

3. Each local school district in South Carolina shall adopt and implement appropriate policies and procedures pertaining to students who have not met the required standards for the second-grade test so as to ensure that

a. each child so identified is provided an appropriate developmental curriculum in the second grade, and

b. the parent(s) or guardian(s) of each child so identified is given explanations of deficiencies and suggestions as to appropriate assistance that the parent(s) or guardian(s) may give the child.

D. NORM-REFERENCED TEST

A norm-referenced test selected by the State Board of Education shall be administered annually to a sample of students in at least three grades from grades three to eleven.

E. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (NAEP)

Reading and mathematics tests will be administered biannually to samples of students in grades 4 and 8 as part of the state NAEP assessment. Schools selected for state NAEP will participate in the assessment program as proscribed by NAEP policies.

43-262.1, 43-262.2. Repealed by State Register Volume 27, Issue No. 5, eff May 23, 2003.

43-262.3. Reading, Writing and Mathematics Objectives for Grades 1-12.

Pursuant to legislative requirements, it is the expressed policy of the Board that the BSAP Exit Examination shall be based on the objectives for grades 9-12.

The expressed policy of the State Board of Education is that the grade 9-12 objectives should be considered in providing instruction in the basic skill areas of reading, writing and mathematics. Additionally, pursuant to Sections 1(d)(2) and 2(e) of Act 631 of 1978, it is the expressed policy of the Board that the objectives, in conjunction with the information derived from criterion-referenced tests or other assessment procedures, be used in providing basic instruction to aid students who exhibit deficiencies in bringing their performance up to such statewide minimum standards as may be set for the BSAP Exit Examination.

These objectives should also be considered in the development of educational programs for disabled students. However, the appropriateness of measurement strategies and instructional activities must be determined by each child's Individualized Education Program as set forth by the Individuals and Disabilities Education Act.

The State Superintendent of Education is authorized to take such administrative action as he/she may deem necessary and appropriate for the purposes of fulfilling the intent of these policies.

READING: GRADES NINE-TWELVE

DECODING AND WORD MEANING

Objective: The student can use word recognition skills and can determine the meanings of words.

Suggested Measurement Strategy: Identifying the meaning of given words or terms. These may be words selected from a content field such as social studies or the sciences; terminology associated with product labels, application forms, consumer and governmental publications, and legal documents; words with one or more affixes; compound words; words with a synonym, antonym, homonym, or multiple meaning; words used connotatively; words used figuratively; or words defined by their context or origin.

DETAILS

Objective: The student can accurately comprehend the details in a reading selection.

Suggested Measurement Strategy: Answering questions that ask "who," "what," "where," "when," "why," "how," "how many," or "in what sequence" about information that has been directly stated in reading selections. These selections may be sets of directions; product labels; consumer, governmental, or legal documents; editorials, feature articles, or news stories; business letters; stories; poems; or excerpts from books or plays.

MAIN IDEA

Objective: The student can determine the main idea of a reading selection.

Suggested Measurement Strategy: Identifying or generating statements that most accurately and comprehensively summarize the contents of reading selections. These selections may be paragraphs; editorials, feature articles, or news stories; business letters; essays; stories; or excerpts from books.

REFERENCE USAGE

Objective: The student can locate and utilize desired information in reference sources.

Suggested Measurement Strategy: Locating and utilizing requested information in reference sources such as books' tables of contents, indexes, glossaries, appendixes, and bibliographies; dictionaries; thesauruses; encyclopedias; the library card catalog; the Reader's Guide; graphs, tables; charts; maps; atlases; telephone directories; and newspapers.

INFERENCE

Objective: The student can make valid inferences about a reading selection.

Suggested Measurement Strategy: Identifying or generating reasonable answers to questions about information not directly stated in reading selections. The questions asked may require determining themes or authors' purposes, making comparisons, deducing causes and effects, drawing conclusions, predicting outcomes, or applying information presented in selections to different situations. The selections may be paragraphs, essays, editorials, feature articles, news stories, letters, stories, poems, or excerpts from books or plays.

ANALYSIS OF LITERATURE

Objective: The student can critically analyze a reading selection.

Suggested Measurement Strategy: Making critical judgments or answering questions that ask for analyses of the structure or content of reading selections. The questions may require identifying a selection's genre (e.g., editorial, essay, etc.); identifying structural elements (e.g., plot, point of view, etc.); identifying rhetorical devices (e.g., poetic language, propaganda techniques, etc.); or identifying the nature of the information presented (e.g., fact, opinion, etc.). The selections to be analyzed may be paragraphs, essays, editorials, feature articles, news stories, letters, advertisements, stories, poems, or excerpts from books or plays.

HANDWRITING

Objective: The student can write legibly.

Suggested Measurement Strategy: Writing legible routine special assignments.

MECHANICS

Objective: The student can spell, capitalize, and punctuate correctly.

Suggested Measurement Strategy: Correctly spelling, capitalizing, and punctuating written communications. These communications may be sentences, paragraphs, stories, outlines, and letters. The words involved may be words selected from a vocabulary list, words selected to exemplify phonetic or structural rules, words with irregular spellings, and abbreviations. These words may require capital letters, apostrophes, or hyphens. The communications may require the use of periods, commas, quotation marks, colons, semi-colons, dashes, underlining, parentheses, question marks, and exclamation points.

WORD USAGE

Objective: The student can use words appropriately.

Suggested Measurement Strategy: Selecting words which are appropriate in meaning and grammatical form for a given context. These words may include nouns, verbs, pronouns, prepositions, conjunctions, adjectives, adverbs, and interjections.

SENTENCE FORMATION

Objective: The student can compose sentences.

Suggested Measurement Strategy: Composing or selecting correctly coordinated and modified simple, compound, or complex sentences. These sentences may be constructed so that they represent specified sentence patterns.

COMPOSITION

Objective: The student can communicate ideas in writing.

Suggested Measurement Strategy: Writing paragraphs, essays, outlines, reports, sets of directions, or letters, or supplying the information needed on application forms. These communications may be evaluated on their organization, content, and correctness of expression, mechanics, and legibility.

MATHEMATICS: GRADES NINE-TWELVE

CONCEPTS

Objective: The student can apply numerical concepts.

Suggested Measurement Strategy: Answering questions about numerical quantities and representations. These questions may require comprehending mathematical symbols and terminology, identifying equivalent ways of expressing the same numerical quantity, establishing relationships between numerical quantities, estimating, determining place value, creating or comparing sets, using formulas, developing or interpreting graphs, using tables, or establishing ratios or proportions.

OPERATIONS

Objective: The student can compute accurately.

Suggested Measurement Strategy: Determining the answers to exercises requiring a mathematical operation. The exercises to be solved may require adding, subtracting, multiplying, or dividing whole numbers, signed numbers, fractions, mixed numbers, decimals, or percents, or extracting square roots.

MEASUREMENT

Objective: The student can apply measurement concepts.

Suggested Measurement Strategy: Answering questions about measurement. These questions may require selecting an appropriate measurement unit or measuring device; estimating or measuring length, weight, volume, or temperature in metric or customary units; converting units within a measurement system; performing calculations with measured quantities; or interpreting scale drawings.

GEOMETRY

Objective: The student can apply geometric concepts.

Suggested Measurement Strategy: Answering questions about geometric representations. These questions may require identifying, comparing, or constructing geometric figures; identifying properties of geometric figures; using the Pythagorean relationship; or determining the perimeters, areas, or volumes of geometric figures.

PROBLEM SOLVING

Objective: The student can solve problems requiring the use of mathematics.

Suggested Measurement Strategy: Determining the solutions to verbal and nonverbal problems. These problems may require performing one or more mathematical operations with whole numbers, fractions, mixed numbers, decimals, percents, or measurement units. The problems may also require applying a formula and/or using information presented graphically. Problems will focus on situations, which may be encountered by students now, or in adult life, including those situations requiring consumer and producer skills.

43-262.4. End-of-Course Tests.

I. Courses Tested

A. The following courses in State Board Regulation 43-234, "Defined Program, Grades 9-12," are "gateway" and "benchmark" courses. For the purposes of this regulation, however, these courses shall be referred to only as "gateway" courses.

1. English/language arts: English 1

2. Mathematics: Algebra 1. After completion of Mathematics for the Technologies 2 students shall be administered the end-of-course examination for Algebra 1.

3. Science: Biology and Physical Science After completion of Applied Biology 2, students shall be administered the end-of-course assessment for Biology .

4. Social Studies: United States History and Constitution

5. A course by any title for which the instructional basis is the curriculum standards for any of the abovementioned courses will be considered the equivalent of the appropriate abovementioned gateway course and one for which an end-of-course test must be administered.

B. The end-of-course tests shall be administered to all public school students who take a gateway courses for which credit can be applied toward the requirements for a high school diploma, regardless of the grade in which a student takes the course.

II. Purposes and Uses

The purposes and uses of the end-of-course tests shall be as follows:

A. The tests shall promote instruction in the specific academic standards for the courses, encourage student achievement, and document the level of students' mastery of the curriculum standards.

B. The tests shall serve as indicators of program, school, and school district effectiveness in the manner prescribed by the Education Oversight Committee in accordance with the provisions of the Education Accountability Act of 1998 (EAA).

C. The tests shall be weighted 20 percent in the determination of students' final grades in the gateway courses.

The test may be used for such other purposes as the State Board of Education may determine to be appropriate and consistent with the Standards for Educational and Psychological Testing (Joint Standards) of the American Psychological Association, the American Educational Research Association, and the National Council on Measurement in Education.

III. Content of the Tests

The content of the subject-area tests that are selected or developed pursuant to the provisions of this policy shall be aligned with the curriculum standards approved by the State Board of Education. For mathematics, English/language arts and social studies, end-of-course tests will be based on the revised Board-approved standards following the first cyclical review of the standards required by the EAA.

IV. Student Performance Standards

Student performance standards for the tests shall be established by the State Department of Education.

V. Review of Curriculum Standards and End-of-Course Tests

The curriculum standards for the tests shall be reviewed on a schedule that is consistent with the requirements of the EAA. Following any revisions of the academic standards, the tests will be reviewed and revised as necessary to ensure their continued alignment with the standards.

VI. Notice to Students

Students who are enrolled in the gateway courses shall be provided with copies of the curriculum standards that pertain to those particular courses. Students will be advised that the final examination for each gateway course will be based on the skills and content represented in the curriculum standards. District personnel shall provide this information to students not later than the first day of instruction in the course.

43-262.5. Repealed by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

43-262.6. Repealed by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

43-262.7, 43-262.8. Repealed by State Register Volume 23, Issue No. 6, eff June 25, 1999.

43-264. Repealed by State Register Volume 18, Issue No. 6, eff. June 24, 1994.

43-264.1. Half-Day Child Development Programs.

(Statutory Authority: 1976 Code Sections 59-5-60 and 1993 Act 135 The Early Childhood Development and Academic Assistance Act)

I. Legislation

In order to comply with the South Carolina Education Improvement Act of 1984 and the Early Childhood Development and Academic Assistance Act of 1993 school districts may establish and provide for the education of three-and four-year-old children who have predicted significant readiness deficiencies. The legislation requires that each district will provide for at least a half-day early childhood development program for four-year-old children. Districts have the option of serving three-year-old children.

Each district shall provide at least one program for four-year-old children and may serve identified three-year-old children who have significant readiness deficiencies.

Districts and schools shall integrate the planning and direction of the half-day program with the Early Childhood Initiative.

II. Plan for Enrollment

A. Public Notification of Program Availability

School districts shall attempt to contact parents or guardians of children who will reach age three or four on or before September 1 and who have potential for later school failure. The district shall make substantial efforts to publicize the availability of the program for four-year-olds, and for three-year-olds if appropriate.

B. Criteria for Enrollment

Each district shall develop criteria for the enrollment of children who have predicted significant readiness deficiencies. These criteria shall include the following:

1. A screening instrument approved by the State Department of Education for use in determining each child's developmental level,

2. An entrance age requirement which specifies a child must be three if the program serves three-year-olds, or four years of age on or before September 1 of the applicable school year,

3. Legal birth certificate issued by the Department of Health and Environmental Control or other appropriate authorized agency,

4. South Carolina Certificate of Immunization,

5. Comprehensive Health Appraisal if deemed necessary or appropriate.

III. Coordination

In the event that a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services to make maximum use of resources and avoid duplication of effort. When a local advisory committee does not exist, the school district shall identify available early childhood development and education resources in order to avoid duplication of public services. This may include Headstart and other Child Development Block Grant Programs.

IV. Program Description

A. Organization

A developmental educational program in a classroom setting shall be the major component of the program.

B. Program Length

The classroom program shall operate five days a week (or the equivalent) for at least 2 1/2 hours of instructional time, exclusive of breakfast, lunch and transportation. Program year will include 190 days of operation for staff (180 days service to children) subject to the same conditions for waiver of make-up days as prescribed by state law.

C. Staff Ratio and Group Size

Each classroom shall be staffed with one appropriately certified teacher and one teaching assistant for a maximum of 20 children per each half-day session. Teaching assistants shall have at least a high school diploma or the equivalent.

V. Funding

Child development funds will be allocated on an annual basis effective July 1 through June 30. Unobligated funds which become available during the fiscal year will be redistributed to serve additional eligible children.

A. District Allocation and Distribution of Funds

1. District Allocation

The State Department of Education will annually calculate each district allocation based on the number of kindergarten children who are eligible for free and reduced lunch.

2. Distribution of Funds

School districts will be authorized to expend allocated funds on students meeting the eligibility criteria and being served in approved programs.

B. Extended Day

Any extension of the child development program beyond 2 1/2 hours using funds from other sources such as Chapter 1, Social Services Block Grant funds shall be in compliance with regulations and guidelines governing the half-day program. Before or after school services may be provided by other state or federal programs designed for three-and-four-year-olds if consistent with federal regulations for eligibility.

C. Subcontracting

School districts may contract with appropriate groups and/or agencies to provide part or all of the program. In such cases, the school district is charged with the responsibility of maintaining compliance with the regulations governing this program. An exception to the regulation governing indirect costs may be made when state or federal regulations require the subcontractor to utilize an indirect cost rate. Subcontracting may be based on a fixed cost rate.

D. Fees

Eligible children may not be charged fees for the 2 1/2 -hour instructional program outlined in these regulations.

VI. Fiscal Requirements

A. Allowable Expenditures

Expenditures must adhere to definitions and guidelines established by the Office of Finance, State Department of Education, or the State Procurement Code.

B. A minimum of 10 percent of the total budget shall be utilized in the following categories:

1. Supplies and Materials

a. Instructional

b. Parent information materials

c. Nutritional supplement

d. Evaluation materials

2. Equipment for Instructional Purposes

VII. Staff Development

Appropriate ongoing staff development activities shall be described and incorporated in the school or district's comprehensive plan as required by the Early Childhood Development and Academic Assistance Act of 1993 (Act 135), State Board of Education Regulations and guidelines.

VIII. Evaluation

Districts shall participate in evaluation efforts coordinated by State Department of Education. This will include tracking child development program participants through kindergarten and at least the third grade to determine the program's impact on school success.

IX. Additional information relating to the implementation of this regulation, including but not limited to:

1. Educational program

2. Reporting requirements

3. Staffing

4. Health and Safety Standards

is contained in the "Guidelines for Half Day Child Development Programs" available at the State Department of Education. The State Board of Education will review and update, "Guidelines" as needed.

43-265. Parenting/Family Literacy.

(Statutory Authority: S.C. Code Ann. Section 59-5-60(1) (1990) and 59-139-10(A)(1) (Supp. 1998))

I. Program Goals

A. To strengthen parent involvement in the learning process of preschool children ages birth through five years

B. To promote school readiness of preschool children

C. To offer parents special opportunities to improve their literacy skills and education

D. To identify potential developmental delays in preschool children by offering developmental screening

II. Requirements

A. Each school district must design and implement a parenting or family literacy program to support parents of children ages birth through five years in their role as principal teachers of their preschool children.

B. Intensive and special efforts must be made to recruit parents whose children are at risk for school failure.

III. Program Components

A. Parent Education

Programs must provide parent education that

1. enhances the relationships between parents and children and connects the value of interactions to literacy experiences;

2. provides literacy development of parents and children;

3. promotes interaction of parents with schools and the wider community;

4. develops understanding of child development; and

5. provides support services that address health, nutrition, transportation, childcare, and other related issues.

B. Family Literacy

Family literacy uses a more holistic and integrated approach to serving families. Districts must use this approach for families requiring more intense experiences to change intergenerational patterns associated with low literacy and undereducation. The South Carolina definition is consistent with federal legislation. Family literacy is clearly and consistently defined in the Adult Education and Family Literacy Act of 1998, Even Start, Head Start and the Reading Excellence Acts. These acts define "family literacy services" as services that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:

1. Interactive literacy activities between parents and their children

2. Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children

3. Parent literacy training that leads to economic self-sufficiency

4. An age appropriate education to prepare children for success in school and life experiences

C. Evaluation

Districts must participate in evaluation efforts coordinated by the State Department of Education. This will include tracking children of participating parents through first grade to determine the program's impact on school readiness. The evaluation should include a variety of other indicators, such as

1. increased level of school readiness,

2. improved parenting skills,

3. change in the educational level of parent participants,

4. parent satisfaction with the program,

5. number of developmental screenings completed and referrals, and

6. efforts to identify and recruit families of children at risk of school failure.

IV. Service Delivery Methods

The methods for service delivery will vary in specific type, mix, and intensity according to community needs and priorities.

A. Home Visits

Programs must provide instructional home visits that

1. provide individualized parenting or family literacy training for parents and preschool children;

2. build on the strengths that are apparent in a familiar setting;

3. demonstrate that the home is the child's first and most important learning environment; and

4. increase the intensity of program activities as well as increase access to services for some families.

B. Group Meetings

Programs must provide group meetings to

1. encourage parent mentoring,

2. develop support networks, and

3. provide parenting information.

V. Funding

Funding will be allocated as determined by the General Assembly.

VI. Coordination

Collaboration and coordination with other local agencies and community organizations must be integrated into all phases of program development, design, and implementation. School districts must consult with a local advisory committee to plan and develop parenting and family literacy services to maximize resources and avoid duplication of effort. This may include district early childhood, adult education, literacy, Success By 6, Head Start, Department of Social Services, and other community services.

VII. Professional Development

The State Department of Education will provide or coordinate activities to train parent educators in developing and implementing parenting and family literacy initiatives. Nationally validated program and curriculum training, such as Parents As Teachers, Motheread, Parent-Home-Child, etc., must be included. Appropriate ongoing staff development activities must be incorporated in the district's Strategic Plan as required by Act 135.

VIII. Guidelines

Additional information relating to the implementation of this regulation, including service delivery methods, developmental screening instruments, and at-risk factors/criteria is contained in the "Guidelines for Implementing Parenting/Family Literacy Programs," available at the State Department of Education. The State Board of Education will review and update the "Guidelines" as needed.

43-266. Repealed by State Register Volume 21, Issue No. 4, eff April 25, 1997.

43-267. Early Childhood Assistance Programs -- Grades K-3.

(Statutory Authority: 1976 Code Section 59-5-60 and 1993 Act #135, The Early Childhood Development and Academic Assistance Act)

I. Program Goals

A. To place an emphasis on early childhood education and prevention.

B. To focus the state's resources on academic success and prevention of academic problems.

C. To establish the expectation that by providing extra assistance and learning time, all children will be prepared for the fourth grade.

D. To promote the advancement of developmentally appropriate curriculum.

E. To promote coordinated programs from preschool through grade three which are supportive of the curriculum for grades four through twelve.

F. To allow districts and schools greater flexibility in providing targeted, coordinated programs of student assistance.

G. To plan for accelerating the performance of students performing below their peers.

II. Requirements

A. Districts and schools shall develop and implement a developmentally appropriate curriculum model from pre-school through grade three.

If alternatives to the options listed in the guidelines are chosen for use in the Early Childhood Assistance Programs, they should be based on the needs assessment performed as a part of the district and/or school comprehensive plan and on strategies found to be effective in research.

B. Schools shall establish programs of activities for assisting children and their parents with the transitions between the various levels of schooling.

C. Districts and schools shall integrate the planning and direction of the half-day program for four-year-olds with other early childhood initiatives.

D. Districts and schools shall integrate the planning and direction of the parenting/family literacy program established in Section 59-1-450 with the early childhood initiatives.

E. Districts and schools shall design methods of assessing the efficacy of the early childhood programs or strategies implemented.

F. Districts and schools shall demonstrate coordination of the program or strategies implemented with federally-funded early childhood programs.

G. Districts and schools shall demonstrate the interrelationship of the various components of the early childhood initiatives for grades K-3 and the academic assistance programs for grades 4-12.

H. Districts and schools shall implement a program that expands and improves early child development activities.

I. Districts and schools shall implement an Early Childhood Assistance program that plans for accelerating the performance of students performing below their peers.

III. Funding

The General Assembly shall determine an appropriation level for the funding.

A. The number of students in kindergarten through grade three who are eligible for the federal free and reduced-price lunch program will generate funds at a specified add-on weight.

B. Funds generated shall be used to provide needed academic assistance to any student in these grades.

C. Funds may be used to support other components of the early child development initiative as detailed in each district/school's comprehensive plan.

D. Districts may request a waiver from the State Board of Education to use a portion of the funds generated by students in kindergarten through grade three for students in grades four through twelve, if such a change promotes better coordination of state and federal funds.

E. A portion of the funds may be used to support other components of the early childhood initiatives in order to better prepare children for entering school.

F. Expenditures must adhere to definitions and guidelines established by the Office of Finance, South Carolina Department of Education, or the State Procurement Code.

IV. Professional Development

Appropriate training to prepare teachers and administrators in the teaching techniques and strategies needed to implement the regulations shall be included in the district strategic plan and school renewal plans.

V. Guidelines

Additional information relating to the implementation of this regulation, including but not limited to:

1. definition of terms,

2. explanation of program models,

3. procedures for selecting alternative options for methods of service

is contained in the "Guidelines for Implementing Early Childhood Assistance Programs --Grades K-3" available at the State Department of Education. The State Board of Education will review and update, if required, the "Guidelines" on an as needed basis.

43-268. Academic Assistance Programs -- Grades 4-12.

(1976 Code Section 59-5-60 and 1993 Act #135, The Early Childhood Development and Academic Assistance Act)

I. Program Goals

A. To focus the state's resources on academic success and prevention of academic problems.

B. To establish the expectation that by providing extra assistance and learning time all students will graduate from high school with their peers.

C. To allow districts and schools greater flexibility in providing targeted, coordinated programs of student assistance.

D. To support students with academic difficulties in grades four through twelve so they are able to progress academically and move through school with their peers.

II. Requirements

A. Districts and schools shall develop and implement academic assistance programs which address alternatives to year-long and pull-out remediation methods of service. If alternatives to the options listed in the guidelines are chosen, they should be based on the needs assessment performed as a part of the district and/or school comprehensive plan and on strategies found to be effective in research.

B. Options for methods of service and descriptions of service that are available to districts and schools are included in the "Guidelines to Academic Assistance Programs --Grades 4-12".

C. Districts and schools may choose to target resources in certain grade levels or areas of learning.

D. Assistance may be for short, intensive periods or for longer, on-going assistance as needed by each student.

E. Emphasis is on providing assistance at the time of need and on accelerating the progress of students performing below their peers.

F. Districts and schools shall implement a parent involvement program in grades four through eight.

G. Districts and schools shall develop a system for maintaining a record of parent conferences annually that identify the date, time, and response of parent/teacher conferences.

III. Funding

The General Assembly shall determine an appropriation level for the funding.

A. The number of students in grades 4-12 who score below minimum basic skills act standards in reading, mathematics, or writing, or their equivalent will generate funds at a specified add-on weight.

B. Funds generated shall be used to provide needed academic assistance to any student in these grades.

C. Expenditures must adhere to definitions and guidelines established by the Office of Finance, State Department of Education, or the State Procurement code.

IV. Professional Development

Appropriate training to prepare teachers and administrators in the teaching techniques and strategies needed to implement the Academic Assistance Programs shall be included in the district strategic plan and school renewal plans.

V. Guidelines

Additional information relating to the implementation of this regulation, including but not limited to:

1. Definitions of terms,

2. Explanations of program models,

3. Procedures for selecting alternative options for methods of service

is contained in the "Guidelines for Implementing Academic Assistance Programs" available at the State Department of Education. The State Board of Education will review and update, if required, the "Guidelines" on an as needed basis.

43-269. Repealed in State Register Volume 23, Issue No. 2, eff February 26, 1999.

ARTICLE 20.

STUDENTS

43-270. Repealed by State Register Volume 21, Issue No. 6, Part 1, eff. June 27, 1997.

43-271. Repealed by State Register Volume 21, Issue 3, eff. March 28, 1997.

43-272. School Admission.

A. Kindergarten; Grades 1-6: Each kindergarten and first grade pupil not previously enrolled shall submit a birth certificate or other documentation to verify a birth record in special situations as allowed by a local board of trustees, and show evidence of compliance with Department of Health and Environmental Control rules and regulations concerning immunization.

B. Preregistration for Grades 9-12: Each high school shall develop a preregistration form outlining the courses in which a student may enroll for their entire high school career.

C. Preregistration for Career Centers: Each career center shall develop a preregistration form in cooperation with participating high schools which outlines the occupational courses students may take in Grades 9-12.

43-272.1. Repealed by State Register Volume 21, Issue No. 4, eff. April 25, 1997.

43-273. Transfers and Withdrawals.

(Statutory Authority: S.C. Code Ann. Section 59-65-90 (1990) and 20 U.S.C. Section 7165 (2001))

Kindergarten; Grades 1-6; 7-8:

Transfer of Students

Each student transferring shall be given a transfer form showing name, date of birth, grade placement, and attendance record to present to the principal of the school where he or she is enrolling. Appropriate additional data shall be furnished by the school on request.

School must transfer a student's disciplinary record of suspensions and expulsions to the public or private school to which the student is transferring.

Grades 9-12:

Transfer of Students

1. Accurate accounting records shall be developed and maintained for student transfers and withdrawals. Comprehensive transcripts shall be submitted directly to the receiving school. A permanent record of the transferred student shall be retained in the school from which the student is transferred. School must transfer a student's disciplinary record of suspensions and expulsions to the public or private school to which the student is transferring.

2. Units earned by a student in an accredited high school of this state or in a school of another state which is accredited under the regulations of the board of education of that state, or the appropriate regional accrediting agency (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, and the Northwest Association of Colleges and Schools), will be accepted under the same value which would apply to students in the school to which they transferred.

3. If a student transfers from a school, which 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.

43-274. Student Attendance.

(Statutory Authority: S.C. Code Ann. Sections 59-5-65 (2004) and 59-65-90 (2004))

I. Lawful and Unlawful Absences

School districts must adopt policies to define and list lawful and unlawful absences.

(A) Lawful absences include but are not limited to

(1) absences caused by a student's own illness and whose attendance in school would endanger his or her health or the health of others,

(2) absences due to an illness or death in the student's immediate family,

(3) absences due to a recognized religious holiday of the student's faith, and

(4) absences due to activities that are approved in advance by the principal.

(B) Unlawful absences include but are not limited to

(1) absences of a student without the knowledge of his or her parents, or

(2) absences of a student without acceptable cause with the knowledge of his or her parents.

II. Truancy

The State Board of Education recognizes that truancy is primarily an educational issue and that all reasonable, educationally sound, corrective actions should be undertaken by the school district prior to resorting to the juvenile justice system.

(A) Truant

A child ages 6 to 17 years meets the definition of a truant when the child has three consecutive unlawful absences or a total of five unlawful absences.

(B) Habitual Truant

A "habitual" truant is a child age 12 to 17 years who fails to comply with the intervention plan developed by the school, the child, and the parent(s) or guardian(s) and who accumulates two or more additional unlawful absences. This child may need court intervention and an initial truancy petition may be filed. The written intervention plan, and documentation of non-compliance, must be attached to the truancy petition asking for court intervention.

A "chronic" truant is a child ages 12 to 17 years who has been through the school intervention process, has reached the level of a "habitual" truant, has been referred to Family Court and placed on an order to attend school, and continues to accumulate unlawful absences. Should other community alternatives and referrals fail to remedy the attendance problem, the "chronic" truant may be referred to the Family Court for violation of a previous court order. All school intervention plans existing to this point for this child and family must accompany the Contempt of Court petition as well as a written recommendation from the school to the court on action the court should take.

III. Intervention Plans

(A) Each district must develop a policy relating to requirements for intervention. The district plan for improving students' attendance must be in accordance with any applicable statutes.

(B) Once a child is determined to be truant as defined in Section II(A), school officials must make every reasonable effort to meet with the parent(s) or guardian(s) to identify the reasons for the student's continued absence. These efforts should include telephone calls and home visits, both during and after normal business hours, as well as written messages and e-mails. School officials must develop a written "intervention plan" to address the student's continued absence in conjunction with the student and parent(s) or guardian(s).

(1) Designation of a person to lead the intervention team. The team leader may be someone from another agency.

(2) Reasons for the unlawful absences.

(3) Actions to be taken by the parent(s) or guardian(s) and student to resolve the causes of the unlawful absences.

(4) Documentation of referrals to appropriate service providers and, if available, alternative school and community-based programs.

(5) Actions to be taken by intervention team members.

(6) Actions to be taken in the event unlawful absences continue.

(7) Signature of the parent(s) or guardian(s) or evidence that attempts were made to involve the parents(s) or guardian(s).

(8) Documentation of involvement of team members.

(9) Guidelines for making revisions to the plan.

(D) School officials may utilize a team intervention approach. Team members may include representatives from social services, community mental health, substance abuse and prevention, and other persons the district deems appropriate to formulate the written intervention plans.

IV. Referrals and Judicial Intervention

At no time should a child ages 6 to 17 years be referred to the Family Court to be placed on an order to attend school prior to the written intervention planning being completed with the parent(s) or guardian(s) by the school. A consent order must not be used as an intervention plan from any local school or school district. Should the parent(s) or guardian(s) refuse to cooperate with the intervention planning to remedy the attendance problem, the school district has the authority to refer the student to Family Court in accordance with S.C. Code Ann. Section 59-65-50 (1990), and a report shall be filed against the parent(s) or guardian(s) with the Department of Social Services in compliance with S.C. Code Ann. Section 20-7-490 (2)(c)(Supp. 2002).

(A) Petition for a School Attendance Order

If the intervention plan is not successful and further inquiry by school officials fails to cause the truant student and/or parent(s) or guardian(s) to comply with the written intervention plan or if the student and/or parent(s) or guardian(s) refuses to participate in intervention and the student accumulates two or more additional unlawful absences, the student is considered an "habitual" truant. Each referral must include a copy of the plan and specify any corrective action regarding the student and/or the parent(s) or guardian(s) that the district recommends that the court adopt as well as any other available programs or alternatives identified by the school district. The intervention plan must be attached to the petition to the Family Court and served on the student and the parent(s) or guardian(s).

(B) Petition for Contempt of Court

Once a school attendance order has been issued by the Family Court and the student continues to accumulate unlawful absences, the student is considered to be a "chronic" truant and school officials may refer the case back to Family Court. The school and district must exhaust all reasonable alternatives prior to petitioning the Family Court to hold the student and/or the parent(s) or guardian(s) in contempt of court. Any petition for contempt of court must include a written report indicating the corrective actions that were attempted by the school district and what graduated sanctions or alternatives to incarceration are available to the court in the community. The school district must include in the written report its recommendation to the court should the student and/or parent(s) or guardian(s) be found in contempt of court.

V. Coordination with the South Carolina Department of Juvenile Justice

Each school district should coordinate with the local office of the South Carolina Department of Juvenile Justice to establish a system of graduated sanctions and alternatives to incarceration in truancy cases.

VI. Transfer of Plans

If a student transfers to another public school in South Carolina, intervention plans shall be forwarded to the receiving school. School officials will contact the parent(s) or guardian(s) and local team members to review the plan and revise as appropriate. Court ordered plans may be amended through application to the court.

VII. Approval of Absences in Excess of Ten Days and Approval of Credit

(A) Approval or Disapproval of Absences

The district board of trustees, or its designee, shall approve or disapprove any student's absence in excess of ten days, whether lawful, unlawful, or a combination thereof, for students in grades K-12.

For the purpose of awarding credit for the year, school districts must approve or disapprove absences in excess of ten days regardless as to whether those absences are lawful, unlawful, or a combination of the two.

(B) High School Credit

In order to receive one Carnegie unit of credit, a student must be in attendance at least 120 hours, per unit, regardless of the number of days missed. Students whose absences are approved should be allowed to make up any work missed in order to satisfy the 120-hour requirement. Local school boards should develop policies governing student absences giving appropriate consideration to unique situations that may arise within their districts when students do not meet the minimum attendance requirements.

Therefore, districts should allow students, whose excessive absences are approved in part 1 of this section, to make-up work missed to satisfy the 120-hours requirement.

Examples of make-up work may include

(1) after-school and/or weekend make-up programs that address both time and academic requirements of the course(s), or

(2) extended-year programs that address both time and academic requirements of the course(s).

All make-up time and work must be completed within thirty days from the last day of the course(s). The district board of trustees or its designee may extend the time for student's completion of the requirements due to extenuating circumstances as prescribed by State Board of Education Guidelines.

VIII. Reporting Requirements

The State Department of Education will develop and implement a standard reporting system for the adequate collection and reporting of truancy rates on a school-by-school basis.

IX. Guidelines

Additional information relating to the implementation of this regulation will be contained in State Department of Education Guidelines. The State Department of Education will review and update these guidelines as needed.

43-275, 43-276. Repealed by State Register Volume 21, Issue No. 4, eff. April 25, 1997.

43-277. Repealed by State Register Volume 21, Issue 6, Part 2, eff. June 27, 1997.

43-278. Repealed by State Register Volume 21, Issue No. 4, eff. April 25, 1997.

43-279. Minimum Standards of Student Conduct and Disciplinary Enforcement Procedures to be Implemented by Local School Districts.

I. Expectations for Student Conduct in South Carolina Public Schools

Students in the public schools of South Carolina enjoy the same basic rights of United States citizenship as do other United States citizens. The rights of students are supported by the responsibility to insure that the rights of others are respected. This regulation is adopted with the intent to better assure that the opportunity to enjoy the benefits of public education is available to all those attending the public schools of the state of South Carolina.

II. Previously Adopted School District Discipline Policies

This regulation is established as a uniform system of minimum disciplinary enforcement for the school districts of South Carolina. School districts, which previously have adopted discipline policies that are consistent with and contain the elements included in this regulation, may retain their local policies as adopted.

III. Levels of Student Misconduct

A. The levels of student misconduct considered in this regulation are arranged by degrees of seriousness. The levels are arranged from the least serious to the most serious.

B. Three levels of student misconduct are identified: disorderly conduct, disruptive conduct, and criminal conduct. The levels are defined in this regulation.

C. This regulation includes a listing of possible sanctions for the three levels of student misconduct. As the levels increase in seriousness, the severity of possible disciplinary sanctions increases.

D. Suggested sanctions within the Level I misconduct category range from verbal reprimand to in-school suspension. Level II misconduct includes sanctions ranging from temporary removal from class to expulsion, while Level III misconduct includes sanctions ranging from out-of-school suspension to appropriate action within the criminal justice system.

E. A local school board, in its discretion, may authorize more stringent standards than those contained in this regulation.

IV. Minimum Standards

A. Disorderly Conduct--Level I

1. Disorderly conduct is defined as those activities engaged in by student(s) which tend to impede orderly classroom procedures or instructional activities, orderly operation of the school, or the frequency or seriousness of which disturb the classroom or school. The provisions of this regulation apply not only to within-school activities, but also to student conduct on school bus transportation vehicles, and other school sponsored activities.

2. Acts of disorderly conduct may include, but are not limited to:

a. Classroom tardiness;

b. Cheating on examinations or classroom assignments;

c. Lying;

d. Acting in a manner so as to interfere with the instructional process;

e. Abusive language between or among students;

f. Failure to complete assignments or carry out directions;

g. Use of forged notes or excuses;

h. Cutting class;

i. School tardiness;

j. Truancy;

k. Other disorderly acts as determined by local school authorities.

3. The basic enforcement procedures to be followed in instances of disorderly conduct are:

a. Upon observation or notification and verification of an offense, the staff member should take immediate action to rectify the misconduct. The staff member should apply an appropriate sanction, and should maintain a record of the misconduct and the sanction.

b. If, either in the opinion of the staff member or according to local school board policy, a certain misconduct is not immediately rectifiable, the problem should be referred to the appropriate administrator for action specified by local school board policy.

c. The administrator should meet with the reporting staff member, and, if necessary, the student and the parent or guardian, and should effect the appropriate disciplinary action.

d. A complete record of the procedures should be maintained.

4. Possible sanctions to be applied in cases of disorderly conduct may include, but are not limited to:

a. Verbal reprimand;

b. Withdrawal of privileges;

c. Demerits;

d. Detention;

e. Corporal punishment;

f. In-school suspension;

g. Other sanctions as approved by local school authorities.

B. Disruptive Conduct--Level II

1. Disruptive conduct is defined as those activities engaged in by student(s) which are directed against persons or property, and the consequences of which tend to endanger the health or safety of oneself or others in the school. Some instances of disruptive conduct may overlap certain criminal offenses, justifying both administrative sanctions and court proceedings. Disorderly conduct (Level I) may be reclassified as disruptive conduct (Level II) if it occurs three or more times. The provisions of this regulation apply not only to within school activities, but also to student conduct on school bus transportation vehicles, and other school sponsored activities.

2. Acts of disruptive conduct may include, but are not limited to:

a. Use of an intoxicant;

b. Fighting;

c. Vandalism (minor);

d. Stealing;

e. Threats against others;

f. Trespass;

g. Abusive language to staff;

h. Refusal to obey school personnel or agents (such as volunteer aides or chaperones) whose responsibilities include supervision of students;

i. Possession or use of unauthorized substances, as defined by law or local school board policy;

j. Illegally occupying or blocking in any way school property with the intent to deprive others of its use;

k. Unlawful assembly;

l. Disrupting lawful assembly;

m. Other acts as determined by local school authorities.

3. The basic enforcement procedures to be followed in instances of disruptive conduct are:

a. Upon observation or notification and verification of an offense, the administrator should investigate the circumstances of the misconduct and should confer with staff on the extent of the consequences.

b. The administrator should notify the parent or guardian of the student's misconduct and related proceedings. The administrator should meet with the student and, if necessary, the parent or guardian, confer with them about the student's misconduct, and effect the appropriate disciplinary action.

c. A complete record of the procedures should be maintained.

4. Possible sanctions to be applied in cases of disruptive conduct may include, but are not limited to:

a. Temporary removal from class;

b. Alternative education program;

c. In-school suspension;

d. Out-of-school suspension;

e. Transfer;

f. Referral to outside agency;

g. Expulsion;

h. Restitution of property and damages, where appropriate, should be sought by local school authorities;

i. Other sanctions as approved by local school authorities.

C. Criminal Conduct--Level III

1. Criminal conduct is defined as those activities engaged in by student(s) which result in violence to oneself or another's person or property or which pose a direct and serious threat to the safety of oneself or others in the school. These activities usually require administrative actions which result in the immediate removal of the student from the school, the intervention of law enforcement authorities, and/or action by the local school board. The provisions of this regulation apply not only to within-school activities, but also to student conduct on school bus transportation vehicles, and other school sponsored activities.

2. Acts of criminal conduct may include, but are not limited to:

a. Assault and battery;

b. Extortion;

c. Bomb threat;

d. Possession, use, or transfer of dangerous weapons;

e. Sexual offenses;

f. Vandalism (major);

g. Theft, possession, or sale of stolen property;

h. Arson;

i. Furnishing or selling unauthorized substances, as defined by local school board policy;

j. Furnishing, selling, or possession of controlled substances (drugs, narcotics, or poisons).

3. The basic enforcement procedures to be followed in instances of criminal conduct are:

a. Upon observation or notification and verification of an offense, the administrator should confer with the staff involved, should effect the appropriate disciplinary action, and, if appropriate, should meet with the student.

b. If warranted, the student should be removed immediately from the school environment. A parent or guardian should be notified as soon as possible.

c. If appropriate, school officials should contact law enforcement authorities.

d. Established due process procedures shall be followed when applicable.

e. A complete record of the procedures should be maintained.

4. Possible sanctions to be applied in cases of criminal conduct may include, but are not limited to:

a. Out-of-school suspension;

b. Assignment to alternative schools;

c. Expulsion;

d. Restitution of property and damages, where appropriate, should be sought by local school authorities;

e. Other sanctions as approved by local school authorities.

D. Extenuating, Mitigating or Aggravating Circumstances

A local school board may confer upon the appropriate administrator the authority to consider extenuating, mitigating or aggravating circumstances which may exist in a particular case of misconduct. Such circumstances should be considered in determining the most appropriate sanction to be used.

V. Discipline of Handicapped Students

A. Disciplinary Process

Handicapped students are not exempt from school disciplinary processes, nor are they entitled to remain in a particular educational program when their conduct substantially impairs the education of other children in the program. However, the public schools are required by federal and state law and regulations to meet the individual educational needs of handicapped children to the extent that current educational expertise permits.

B. Program Prescriptions

A handicapped student's Staffing Committee may prescribe or prohibit specified disciplinary measures for an individual student by including appropriate provisions in the student's individual education plan. The student's handicapping condition must be taken into consideration when deciding whether or not a particular form of discipline is to be utilized. Administrative authorities should observe any such provisions contained in a handicapped student's individual education plan, except that a Staffing Committee may not prohibit the initiation of proceedings for suspension or expulsion which are conducted in accordance with this regulation.

C. Suspensions

A handicapped student may be suspended, unless a suspension is prohibited by the student's individual education plan. At the end of the suspension, the student should, if appropriate, be returned to the same educational placement. School districts may remove immediately, for a short period of time, a handicapped student who is endangering himself or others.

D. Expulsions

Expulsion of a handicapped student is equivalent to a change in educational placement and therefore requires special procedures. Before a handicapped student may be expelled, a multi-disciplinary team must determine whether or not there is a connection between the handicapping condition and the misconduct. If there is a connection or causal relationship between the handicapping condition and the misconduct, then expulsion resulting in cessation of educational services for that student would be unallowable.

Handicapped students who have been expelled under the regulations of the State Board of Education shall continue to receive a free and appropriate education as set forth in such student's Individual Education Program. The term handicapped as used herein means handicapped students as defined in P.L. 94-142, as amended.

E. Immediate Removal

Nothing contained in this regulation shall be construed as limiting an administrative authority's ability to remove a handicapped student from school immediately under emergency conditions.

VI. Other Areas of Student Conduct Which May Be Regulated by Local School Board Policy

A. Other areas of student conduct which are subject to regulation by local school boards include, but are not limited to:

1. School attendance;

2. Use of and access to public school property;

3. Student dress and personal appearance;

4. Use of tobacco in the public schools;

5. Speech and assembly within the public schools;

6. Publications produced and/or distributed in the public schools;

7. The existence, scope and conditions of availability of student privileges, including extracurricular activities and rules governing participation;

8. Other activities not in conflict with existing state statutes or regulations.

B. Other areas of student conduct may be regulated within legal limits by local school boards as they deem appropriate to local conditions. The term "legal limits" signifies the requirements of the federal and state constitutions and governing statutes, standards and regulations, the fundamental common-law requirement that rules of student conduct be reasonable exercises of the school's authority in pursuance of legitimate educational and related functions, and special limitations arising from constitutional guarantees.

Appendix A

The following chart is presented as a summary of types of misconduct, examples of misconduct, disciplinary procedures, and examples of sanctions. The chart includes much of the information covered in this regulation.

APPENDIX B. Relevant State Law

The following code citations pertain to rule making powers of boards, suspension, expulsion, student's right to hearing, transfer, corporal punishment, regulation of clubs, and disciplinary powers of school bus drivers.

59-19-90 (3). General powers and duties of school trustees.

The board of trustees shall also:

(3) Promulgate rules and regulations. Promulgate rules prescribing scholastic standards of achievement and standards of conduct and behavior that must be met by all pupils as a condition to the right of such pupils to attend the public schools of such district. The rules shall take into account the necessity for scholastic progress in order that the welfare of the greatest possible number of pupils shall be promoted notwithstanding that such rules may result in the ineligibility of pupils who fail to observe the required standards, and require the suspension or permanent dismissal of such pupils.

59-63-210. Grounds for which trustees may expel, suspend or transfer pupils; petition for readmission.

Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for a commission of any crime, gross misbehavior, persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Every expelled pupil shall have the right to petition for readmission for the succeeding school year. Expulsion or suspension shall be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions or riding a school bus. The provisions of this section shall not preclude enrollment and attendance in any adult or night school.

59-63-220. Suspension of pupils by administrators.

Any district board may confer upon any administrator the authority to suspend a pupil from a teacher's class or from the school not in excess of ten days for any one offense and for not more than thirty days in any one school year but no such administrator may suspend a pupil from school during the last ten days of a year if the suspension will make the pupil ineligible to receive credit for the school year without the approval of the school board unless the presence of the pupil constitutes an actual threat to a class or a school or a hearing is granted within twenty-four hours of the suspension.

59-63-230. Notices of suspensions; conferences with parents or guardian.

When a pupil is suspended from a class or a school, the administrator shall notify, in writing, the parents or legal guardian of the pupil, giving the reason for such suspension and setting a time and place when the administrator shall be available for a conference with the parents or guardian. The conference shall be set within three days of the date of the suspension. After the conference the parents or legal guardian may appeal the suspension to the board of trustees or to its authorized agent.

59-63-240. Expulsion for remainder of year; hearings.

The board may expel for the remainder of the school year a pupil for any of the reasons listed in Section 59-63-210. If procedures for expulsion are initiated, the parents or legal guardian of the pupil shall be notified in writing of the time and the place of a hearing either before the board or a person or committee designated by the board. At the hearing the parents or legal guardian shall have the right to legal counsel and to all other regular legal rights including the right to question all witnesses. If the hearing is held by any authority other than the board of trustees, the right to appeal the decision to the board is reserved to either party. The hearing shall take place within fifteen days of the written notification at a time and place designated by the board and decision shall be rendered within ten days of the hearing. The pupil may be suspended from school and all school activities during the time of the expulsion procedures. The action of the board may be appealed to the proper court. The board may permanently expel any incorrigible pupil.

59-63-250.Transfer of pupils.

The board or a designated administrator may transfer a pupil to another school in lieu of suspension or expulsion but only after a conference or hearing with the parents or legal guardian. The parents or legal guardian may appeal a transfer made by an administrator to the board.

59-63-260. Corporal punishment.

The governing body of each school district may provide corporal punishment for any pupil that it deems just and proper.

59-63-270. Regulation or prohibition of clubs or like activities.

Any district board of trustees may regulate, control, or prohibit clubs or other such activities on school property or during school hours.

59-67-240. Other duties of driver; discipline of pupils for misconduct.

The driver of each school bus shall cooperate with the teachers in their work in the school to which he is transporting pupils by being on time in the mornings and waiting in the afternoons until all his pupils are dismissed by the school faculty and safely aboard his bus. He also shall take particular notice along his route in the mornings and give pupils within sight a reasonable time in which to board his bus. The driver shall be responsible for maintaining good conduct upon his bus and shall report promptly to the governing head of the school to or from which the pupils are transported any misconduct or any violation of the driver's instructions by any person riding in his bus.

District boards of school trustees in this State may authorize school administrators to suspend or expel pupils from riding a school bus for misconduct on the bus or for violating instructions of the driver.

ARTICLE 21.

GENERAL PUBLIC RELATIONS [REPEALED]

43-280. Repealed by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

ARTICLE 22.

ORGANIZATIONAL RELATIONS [RESERVED]

ARTICLE 23.

EDUCATIONAL AGENCY RELATIONS

43-300. Accreditation Criteria.

Each school district shall provide a defined minimum educational program approved by the State Board of Education that complies with standards prescribed for the boards of trustees; district operations; elementary and middle grades; secondary grades; area vocational centers; and adult education. If a school district's educational program is evaluated as failing to comply with prescribed standards, it shall be considered as offering a program that is deficient in meeting local educational needs and such failure shall be indicated in the status of the accreditation classification.

State Board of Education Approval Procedures: A school district shall obtain approval for its educational program to be accredited by the Board by one of the following procedures.

1. Meet the criteria prescribed by the Board in the "Defined Minimum Program for South Carolina School Districts."

2. Submit a contract to the State Board of Education for approval of variations from the prescribed defined minimum program. The criteria for approval by contract shall be based on the school district's commitment to comprehensive, continuous, long-range planning and effective utilization of resources for planned improvement of identified educational needs. Approval of contract provides for the development and implementation of an action plan to establish performance criteria that include the following:

a. Identification of students' educational needs by local assessment.

b. Establishment of measurable objectives for improving identified educational needs.

c. Formulation of strategies or activities for achieving specific objectives.

d. Evaluation procedures for determining success in achieving objectives.

Note:Application forms for accreditation by contract will be supplied by the State Department of Education.

Accreditation Procedures: Each school district shall apply for accreditation to the State Department of Education, on or before October 15, as follows:

1. Data, assurances, and annual needs assessment with a written plan for educational improvement for boards of trustees; district operations; elementary, middle, and secondary grades; and area vocational centers will be submitted to the Chief Supervisor, Accreditation and Educational Improvement Section.

2. Data and assurances for adult education will be submitted to the Office of Adult Education. The Basic Educational Data System computer will scan the data and print a listing of deficiencies classified into seven main areas: (1) Boards of Trustees, (2) District Operations, (3) Elementary and Middle Grades, (4) Secondary Grades, (5) Summer School Programs, (6) Area Vocational Centers, and (7) Adult Education. The computer listings of deficiencies will be reviewed by State Department of Education staff and printouts of the preliminary analysis indicating existing deficiencies will be returned to districts and schools. The preliminary analysis will list one of the following accreditation classifications:

All Clear indicates that a district meets the standards prescribed by the State Board of Education for a defined minimum program.

Advised indicates that a district is not meeting all prescribed standards but the deficiencies may be easily corrected and/or substantial progress has been made in removing existing deficiencies.

Warned indicates that a district's educational program is failing to meet one or more of the accreditation standards. Districts that have a Warned accreditation classification are required to make substantial progress toward removal of deficiencies before submitting accreditation data the subsequent school year or the district's accreditation will be placed on Probation. In the case of serious deficiencies, districts with Warned classifications that fail to make substantial progress toward removal of the deficiencies may be dropped by action of the State Board of Education.

Probation indicates that serious deficiencies exist and the district will lose its accreditation unless satisfactory progress is made toward the removal of the deficiencies before the next school year.

Dropped indicates that the district's educational program has experienced serious problems in meeting prescribed standards for a defined minimum educational program for one or more school years, or that the program is deficient in meeting accreditation standards to such an extent that it does not merit accreditation. If the accreditation of a high school is dropped, that school cannot issue State high school diplomas subsequent to the school year in which the accreditation is dropped. Schools which have been classified as Dropped by the defined minimum program accreditation procedures shall not be eligible for funding in the following fiscal year until an acceptable plan to eliminate the deficiencies is submitted and approved by the State Board of Education.

Each school district is required to reply to the preliminary analysis in writing, no later than February 15, indicating plans to effect the removal of deficiencies.

Accreditation classification for schools that operate quarter or semester programs will be determined by the school's ability to correct deficiencies during each instructional period.

The district's accreditation classification and numerical designation for each school year will be determined by its ability to meet standards prescribed for (1) Boards of Trustees, (2) District Operations, (3) Elementary and Middle Grades, (4) Secondary Grades, (5) Summer School Programs, (6) Area Vocational Centers, and (7) Adult Education. The district's accreditation classification will be the total of the numerical designations of all schools and areas divided by the number of schools and areas in the district. The district's accreditation classification will be indicated by the following numerical designation:

All Clear 4.00

Advised 3.00-3.99

Warned 2.00-2.99

Probation 1.00-1.99

Dropped 0.00-0.99

A copy of the final accreditation classification report will be mailed to county and district superintendents, school principals, directors of area vocational centers, and members of the boards of trustees.

Additional Requirement for Vocational Education:

In addition to the policies of the State Board of Education, programs under the jurisdiction of other state accrediting, certifying, or licensing boards shall meet requirements established by these boards.

43-301. Repealed by State Register Volume 27, Issue No. 5, eff May 23, 2003.

43-302. Palmetto Gold and Silver Awards Program.

(Statutory Authority: 1976 Code Sections 59-5-60, 59-18-1100)

A. Program Implementation

The Palmetto Gold and Silver Awards Program is established to recognize and reward schools for academic achievement. Awards will be established for schools attaining high levels of absolute performance and for schools attaining high rates of improvement. The program shall be operated by the State Department of Education in accordance with program criteria established by the Division of Accountability of the Education Oversight Committee.

B. Expenditure of Award Funds

Award funds are to be used to improve and/or maintain exceptional student academic performance according to the school's renewal plan. Funds may be utilized for professional development support.

Allowable costs include equipment, materials and supplies, contractual services, substitutes, and travel. Specific guidelines for the expenditure of award funds will be provided to each school receiving an award. An expenditure report specifying the manner in which those monies were expended must be submitted to the Department of Education at the conclusion of the grant period.

43-303. Flexibility Through Deregulation Program.

(Statutory Authority: S.C. Code Ann. Sections 59-18-1110 and 59-18-1120 (Supp. 2002))

I. Program Implementation

The Education Accountability Act, S.C. Code Ann. Sections 59-8-1110 and 59-18-1120 (2002), provide for the recognition of schools based on student performance. Schools that continually receive recognition are rewarded by exemptions from regulations and statutes (59-18-1110). Special provisions also allow exemptions from some regulations or statutes to other schools (59-18-1120).

The State Department of Education (SDE) will operate the program in accordance with program guidelines developed by the State Board of Education (SBE) in consultation with the Education Oversight Committee (EOC). The guidelines shall include eligibility criteria, operation procedures, related monitoring activities, reporting requirements, and state statutes and regulations exempted under the program. Approved program guidelines will be made available by the SDE upon request. The SBE may revise program guidelines on an annual basis in consultation with the EOC. Current guidelines will be posted on the SDE Web site.

Schools deregulated under former flexibility through deregulation statute, S.C. Code Ann. Section 59-18-15 (repealed), and former State Board of Education Regulation 43-303 (amended) must re-qualify for flexibility status under these regulations.

II. Eligibility Criteria

A. Eligibility for flexibility begins in February 2005.

B. A school may be eligible in one of three ways. Special conditions apply to each type of eligibility.

1. Criteria for Deregulated Schools

Each of the following criteria must be met during the three-year period prior to the school year in which the school is given flexibility status.

a. The school has twice been a recipient of either a Palmetto Gold or Silver Award.

b. The school has met annual improvement standards for subgroups of students in reading and mathematics.

c. The school must have exhibited no recurring accreditation deficiencies.

2. Criteria for Unsatisfactory Schools

An unsatisfactory school may be given flexibility status when each of the following conditions are met:

a. The statutes or regulations exempted must deal with the core academic areas.

b. The External Review Team (ERT) recommends specific regulations and statutes for flexibility to the SBE in the ERT report.

c. If recommended by the ERT, the school plan must be amended to explain how the exemption will improve school and student performance.

3. Criteria for Schools through School Plans

Schools may receive flexibility status when each of the following conditions are met:

a. The school has met annual improvement standards for subgroups of students in reading and mathematics.

b. Amendments to the school renewal plan must explain why exemptions are expected to improve the academic performance of the students.

c. The plan meets the approval by the SBE.

III. Stability of School Grade Organization

Changes in grade structure that result in less than a majority of grades being maintained from the preceding school year will cause a school to be removed from flexibility status. The flexibility status is not transferable to another school if the school that has such status is closed or consolidated with another school.

IV. Notification of Schools and School Districts

The SDE will annually determine schools that are eligible to receive flexibility status based on meeting criteria as deregulated, meeting SBE criteria through a school plan, and meeting criteria for specific exemptions recommended by the ERT. The SBE must approve flexibility status for schools meeting SBE criteria through a school plan and for schools meeting criteria for specific exemptions recommended by the ERT. Flexibility status will be in effect immediately upon determination of deregulated schools or approval by the SBE of other schools. The local boards of trustees, district superintendents, and principals of the schools will be notified by the SDE of their flexibility status.

V. Nonacceptance of Flexibility Status

A. A local board of trustees may notify the SBE of its decision not to accept the flexibility status of an deregulated school within the district. Written notification by the local board of trustees will result in the school's immediate removal from flexibility status and the restoration of all statutory and regulatory requirements. Written notification for nonacceptance must be received within sixty days of the declaration of flexibility status.

B. Subsequent monitoring by the SDE in a school that is removed from flexibility status will not include a review of program records for the exempted period.

VI. Continuation of Flexibility Status

A. A deregulated school initially given flexibility status will be eligible to continue in that status provided that annually the following conditions are met:

1. The school exhibits improvement at or above the state average as computed in the Palmetto Gold and Silver Awards Program pursuant to S.C. Code Ann. Section 59-18-1100 (2002).

2. The school must meet the gains required for subgroups of students in reading and mathematics.

3. The school must have exhibited no recurring accreditation deficiencies.

B. An unsatisfactory school initially given flexibility status through an approved ERT report will be eligible to continue in that status provided that annually the following conditions are met:

1. The ERT reviews the overall improvement as outlined in the amended plan and recommends continuation.

2. The school must meet the gains required for subgroups of students in reading and mathematics.

3. The school must have exhibited no recurring accreditation deficiencies.

C. A school initially given flexibility status through an amended school plan will be eligible to continue in that status provided that annually the following conditions are met:

1. The school must exhibit overall improvement as outlined in the amended plan.

2. The school must meet the gains required for subgroups of students in reading and mathematics.

3. The school must have exhibited no recurring accreditation deficiencies.

VII. Application for Extension of Flexibility Status

A school that does not re-qualify for flexibility status may apply to the SBE for an extension of the status for one year, provided extenuating circumstances exist that account for its inability to meet the requirements to maintain that status. The district superintendent and school principal must make the application for extension to the SBE within thirty (30) days of the receipt of notification of the school's removal from flexibility status.

A school no longer unsatisfactory may apply for a one-year extension of flexibility status for those exemptions approved in the ERT report provided the district superintendent and school principal make the application for extension to the State Board of Education within thirty days (30) of the receipt of notification of the school's removal from unsatisfactory status.

VIII. Exemptions from Requirements

Schools receiving flexibility status are exempted from those regulatory and statutory provisions governing the defined program including, but not limited to, class scheduling, class structure, and staffing. Specific standards exempted appear in an appendix of the SBE-approved guidelines.

IX. Resumption of Statutory and Regulatory Requirements

A school removed from flexibility status will be subject to regulatory and statutory provisions exempted under this program at the beginning of the school year following notification of the change in status by the SDE. Nonacceptance of flexibility status requires compliance with all regulatory and statutory provisions immediately. Subsequent monitoring by the SDE in a school that is removed from flexibility status will not include a review of program records exempted under program guidelines for the period that the school was given flexibility status.

43-307. Alignment of Assessment and Accountability Elements with the No Child Left Behind Act.

I. The reauthorization of the Elementary and Secondary Education Act of 2001, Public Law 107-110, also known as the No Child Left Behind Act, requires each state to align its assessment and accountability elements with the measures mandated by federal law. The following steps are taken to align the elements of the Education Accountability Act of 1998 with those of the No Child Left Behind Act.

A. Assessment System

1. The assessment system, as mandated by the Education Accountability Act and further specified in the State Accountability Workbook, required by the No Child Left Behind Act, applies to all public schools and districts in the state and holds all students to the same academic achievement criteria and performance standards.

2. The annual school, district, and state report cards, as mandated by the Education Accountability Act and as further specified in the State Accountability Workbook, will include the data required by the No Child Left Behind Act.

B. Accountability System

1. Adequate Yearly Progress. This measure is calculated as specified in the State Accountability Workbook and is included as a measure of accountability and progress of the public schools. Adequate yearly progress will be reported on the front of the Education Accountability Act mandated report card.

2. Subgroups for Accountability. The subgroups identified for measuring the progress on adequate yearly progress are: economically disadvantaged students, major racial and ethnic groups, students with disabilities, and students with limited English proficiency. All students in the school are considered to be an additional subgroup. The definitions of the subgroups are specified in the South Carolina Department of Education Test Administration Manual and the No Child Left Behind Act.

3. Other Indicators of Performance. Attendance is the additional required indicator for elementary and middle schools. This indicator's threshold and adequate yearly progress criteria are specified in the State Accountability Workbook. For high school, the additional indicator is required to be graduation rate. This indicator's threshold and adequate yearly progress criteria are specified in the State Accountability Workbook.

II. The Elementary and Secondary Education Act of 2001, Public Law 107-110, also known as the No Child Left Behind Act, requires schools and districts not meeting adequate yearly progress for two consecutive years to move into needs improvement status and for Title I schools missing adequate yearly progress more than two consecutive years to progress through the levels of consequences specified in federal law.

III. The State Board of Education authorizes the South Carolina Department of Education to develop and amend the State Accountability Workbook as necessary to meet USDE approval.

ARTICLE 24.

AUDIOVISUAL LIBRARY SERVICES [REPEALED]

43-400. Repealed by State Register Volume 21, Issue 3, eff. March 28, 1997.

ARTICLE 25.

TEACHER TRAINING PROGRAMS IN MATHEMATICS, SCIENCE AND COMPUTER EDUCATION

43-500. Operation and Funding of Teacher Training Courses in Mathematics, Science, Reading and Computer Education.

I. PROGRAM DESCRIPTION

This program is established to encourage the offering of specially designed courses in mathematics, science, reading, and computer education for teachers in grades 1 through 12. Courses will be provided throughout the state on college campuses or at school district facilities. School districts will be invited to apply for funds to conduct one or more courses under criteria approved by the State Board of Education for certificate renewal courses or to contract with colleges to offer the prescribed courses. The Department of Education will provide the course syllabi or course descriptions to be used in all programs offered under this program for teachers. Regulations, guidelines, and applications will be distributed to the school districts by the State Department of Education.

II. DEFINITION OF TERMS

A. Certificate Renewal Course: A planned course of instruction by one or more South Carolina school districts, or the State Department of Education for all or any portion of the instructional, administrative, and certified support personnel employed by the schools. The purpose of such courses is to increase knowledge in the area of certification or in the teaching and learning processes.

B. College Credit Course: Any course consisting of at least 45 contact hours for which credit is issued by a South Carolina college or university with an approved teacher training program

C. Consortium of Districts: A group of school districts who have agreed to cooperate in the planning and implementation of staff development programs and who have identified one district to coordinate the project and serve as the fiscal agent.

III. PROGRAM DESIGN OPTIONS

A. Mathematics, Reading, and Science

1. Certificate Renewal Courses

A school district or a consortium of school districts may apply for certificate renewal course(s) for teachers within their district(s). Each certificate renewal course must be for three hours credit (at least 45 contact hours) and must comply with state certification requirements. Any courses for mathematics, reading, or science included in the State Department of Education published Guidelines and Course Descriptions will be eligible for funding. Courses in the science content areas should emphasize laboratory activities even though only three units of credit are eligible for school district offered certificate renewal courses. (This differs from college credit courses where four units of credit are recommended for a laboratory course and all units can count toward renewal of certification.)

2. College Credit Courses

a. A school district or consortium of districts may contract with an institution of higher education to provide college credit courses. Courses offered for three to four semester hours of college credit each in mathematics, reading, or science, which include the content designated in the Guidelines and Course Descriptions, will be eligible for funding. Courses in science content areas should be laboratory courses where four hours of credit can be earned. College credit courses may be used toward new certification in mathematics, reading, or science, or for certification renewal, if the course is approved for the individual participant by the Department of Education's Office of Teacher Education and Certification.

b. Special institutes may be offered to include up to 15 semester hours of mathematics or reading courses and 16 semester hours of science courses that will enable participants to progress toward certification in mathematics, reading, or science. Five certification program areas are eligible, leading respectively to:

1. General Mathematics (7-12) certification (11)

2. middle school science certification (1C)

3. secondary (9-12) mathematics certification (10)

4. secondary (9-12) science certification (any science area)

5. reading teacher certification (80)

Specific courses shall include those mathematics, reading, or science courses listed in the Guidelines and Course Descriptions. (The State Department of Education can approve other courses recommended and required for certification by the State Board of Education in the fields of mathematics, reading, and science.)

B. Computer Education

1. Certificate Renewal Courses

A three-hour introductory computer education course which includes the content listed in the Guidelines and Course Descriptions may be offered for certificate renewal credit for school district professional staff personnel.

2. College Credit Courses

A school district or consortium of districts may contract with an institution of higher education to provide college credit courses approved for this program by the State Department of Education. Teachers and other instructional professional staff are eligible to take courses listed in theGuidelines and Course Descriptions.

3. Facilities

All computer courses must be conducted in a room equipped with microcomputers or terminals, such that the ratio of participant to computer or terminal does not exceed 2 to 1.

C. Class Size

Courses shall have a minimum of fifteen (15) participants and a maximum of twenty-five (25) participants to receive funding. Exceptions for unusual circumstances in critical need areas will be considered for special approval by the State Department of Education.

IV. FUNDING

Each district in South Carolina is eligible to apply for funding for one or more courses. Funding will be granted, based on specific allocations of expenditures for each course approved by the State Board of Education, to a school district, or a district serving as fiscal agent for a consortium of districts, upon approval of appropriately submitted applications and availability of sufficient funds.

A. Funding criteria for courses will be determined by the following:

1. Annually each district will receive a tentative base allocation calculated by using a cost factor that is one-half the average per course cost statewide from the previous year.

2. All districts with a count of 88 or more classroom teachers in full time equivalency (FTE) shall be allocated a pro rata share of the remaining funds appropriated annually, based on excess FTE of teachers over 88.

3. A district may utilize all of its tentative allocation to apply for courses locally funded or combine all or any part of the funds with those of another district or districts to sponsor a course through a consortium agreement.

4. Any unencumbered monies available after February 20 will be reallocated according to requests from districts for additional funds.

For fall and spring courses, the State Department of Education will make an advance payment of 50% of the total grant amount at the end of the first week of the course upon receipt of a signed grant award document and upon verification by the fiscal agent that the course is in progress. For all courses, final payment will be made upon completion of the course and upon receipt of the final expenditure report and required evaluation forms. All expenditure documentation must be retained in the district's files for audit purposes.

B. Maximum Allowable Cost

1. For One Three-Hour Certificate Renewal Course in Mathematics, Reading, Science or Computer Education Maximum allowable costs for instructor fees, instructor travel, books and materials, science lab fees and/or specific science/math manipulative materials and/or reading aids, science field studies, and computer fees and software will be calculated annually by the State Department of Education based on current rates in effect at state supported institutions and published in the Guidelines and Course Descriptions.

2. For College Credit Courses in Mathematics, Reading, Science or Computer Education

Maximum allowable costs for tuition, books and materials, lab fees and/or specific science/math manipulative materials and/or reading aids, science field studies, and computer fees and software will be calculated annually by the State Department of Education based on current rates in effect at state supported institutions and published in the Guidelines and Course Descriptions.

C. Explanation of Expenditures

1. Expenditures for "Instructor fees" provide for salary/honorarium for instructors of certificate renewal courses.

2. Expenditures for "Instructor travel" provide for travel/per diem at state rates for instructors of certificate renewal courses.

3. Tuition for college credit courses cannot exceed current rates of the institution offering the course.

4. Expenditures for "Books and materials" apply to textbooks and appropriate consumable materials purchased for use by individual participants.

5. Expenditures for "Science lab fees and/or science/math manipulative materials and/or reading aids" apply to science lab fees and science or math manipulatives and reading aids purchased for use by the individual participants as a part of the course training. Equipment purchases are excluded.

6. Expenditures for "Science field studies" provide for van or bus transportation of the class to study sites (e.g. quarries, special ecosystems, rock outcrops, industrial sites, etc.).

7. Expenditures for "Computer fees and software" apply to rental fees, software, and other materials specifically related to teaching the computer education course.

V. PARTICIPANT ELIGIBILITY

A. Mathematics, Reading, and Science Courses

1. A teacher is eligible to take a course

a. if the teacher is employed by a South Carolina school district, or under contract to be employed,

b. if the teacher is appropriately certified, and

c. if the course is appropriate for the subject area(s) and grade level(s) to which the teacher is assigned.

The following are considered appropriate certifications:

Teacher Categories Certification Codes

Elementary teachers 01, 85, 2A, 2B, 2C, 2D, 2E, 2F, 2G

Middle school mathematics teachers 01, 1B, 10, 11

Middle school science teachers 01, 1C, 12, 13, 14, 15, 16, 17

Middle school reading teachers 01, 1A, 80, 81, 82, 83

High school mathematics teachers 10

High school science teachers 12, 13, 14, 15, 16

High school reading teachers 01, 1A, 04, 80, 81, 82, 83

2. Principals, curriculum coordinators, and directors of instruction are eligible to take approved mathematics, reading, and science courses. However, teachers shall be given enrollment preference.

3. A certified teacher employed by a South Carolina school district and working toward certification in mathematics, reading, or science is eligible to take appropriate college credit courses listed in this program provided he/she is recommended by the school district where the participant will be employed.

B. Computer Education Courses

All certified district professional staff are eligible to take approved computer courses.

C. Assurance of Participation

To be eligible for any course funded under this program, each participant shall provide to the district in which the teacher is employed, or under contract to be employed, written assurance of his/her intent to participate in specific course unless extreme circumstances prohibit that participation.

VI. INSTRUCTOR QUALIFICATIONS

A. Certificate Renewal Course

The course instructor shall have at least a master's degree in the area of specialization, three years of teaching experience, and formal training and experience in the specific content of the course which exceeds the course content as outlined in the course syllabus. For instructors of reading courses, "a master's degree in the area of specialization" shall mean a master's degree in reading or education and certification in any of the reading areas 80, 81, 82, or 83.

B. College Credit Course

The course instructor shall:

1. hold the rank of Assistant Professor or above at a South Carolina college or university whose teacher education program in mathematics, reading, and/or science is approved by the State Department of Education, or

2. be employed by a district and be recommended to teach the course by the college or university offering credit and have at least a master's degree in the area of specialization, three years of teaching experience and formal training and experience in the specific content of the course which exceeds the course content as outlined in the course syllabus, or

3. be a recognized professor from outside the state whose credentials are comparable to those of a South Carolina professor qualified for this program.

C. Computer Courses Only

The school district must secure an instructor qualified to teach the prescribed course content. Selection shall be based on academic achievement and teaching experience in computer education.

D. Change of Instructor

If the substitution of an instructor is necessary, the newly chosen instructor must comply with the criteria listed above and be approved by the State Department of Education. Failure to obtain prior written approval of any substitution can result in withholding of funds.

E. Where more than one instructor is assigned to instruct in the same course, each instructor shall meet the established criteria as cited in items A and B above.

VII. EVALUATION

A. Evaluation of Participants

To receive credit for courses funded under this program, participants shall demonstrate mastery of course objectives. This mastery shall be determined by an objective assessment process to include an examination administered at the conclusion of the course.

B. Evaluation of Courses

Each participant will complete a course evaluation form supplied by the State Department of Education at the conclusion of the course. The project director must complete course evaluation summary reports and submit them to the Department of Education within two weeks of the completion of the course.

VIII. GUIDELINES FOR MAKING APPLICATION

A. Course Scheduling

1. College credit courses may be scheduled during fall, spring, or summer terms.

2. Certificate renewal courses may be scheduled during fall, spring, or summer terms and must concur with all regulations set forth by the State Board of Education.

3. All courses must be completed by June 30 unless a time extension is granted by the General Assembly.

4. The course schedule with details concerning days, times, and locations of class meetings must be submitted to the State Department of Education with the application.

B. Application Submission Dates

1. Applications for fall, spring, and summer courses must be received in the State Department of Education by dates as outlined annually in the Guidelines and Course Descriptions.

C. Application Components

The applicant shall include with the application:

1. A list of student performance objectives which will be evaluated at the conclusion of the course. These objectives shall conform to the course content developed by the State Department of Education and listed in theGuidelines and Course Descriptions.

2. A description of the objectives assessment process used to evaluate the participant to include minimum standards for course credit. These minimum standards must include a final examination on course content. (A copy of the evaluative instrument should be included when feasible.)

3. The title, author, publisher, copyright date, and a brief description of the required text or a description of student instructional materials.

4. A list of participants to include each participant's name, certificate number, the district in which employed, and the school, subject(s), and grade(s) to which assigned.

5. The vita(e) for the course instructor(s) to include educational background and teaching experience.

6. A complete "Application for Approval of In-service Course for Certificate Renewal" with each certificate renewal course application.

7. A statement of assurances that:

a. The school district will be responsible for handling all payments, keeping records, and submitting all required reports to the State Department of Education in accordance with State Board of Education regulations.

b. The participants will not be billed for any costs for the course. (Individual entrance fees to graduate schools are not considered to be "costs for the course.")

c. Courses will include the content described in Guidelines and Course Descriptions provided by the State Department of Education or will be courses approved by the Department for a special institute.

d. The district will enroll participants who are eligible for participation as set forth in these regulations and will obtain from each participant a signed statement of intent to complete the course.

e. The district or college will provide suitable facilities, equipment, and materials for classroom, laboratory, and field studies as necessary for the individual course.

f. The school district will be responsible for providing prospective participants with detailed advance information about the course.

D. Submission Requirement and Address

1. Two (2) copies of all required forms shall be submitted with each application.

2. Applications shall be addressed to: Critical Teaching Needs, Office of General Education, State Department of Education, 801 Rutledge Building, Columbia, South Carolina 29201

E. Application Review Criteria

All applications will be reviewed and evaluated by the State Department of Education, and those applications consistent with regulations will be eligible for consideration for funding.

ARTICLE 26.

CHARTER SCHOOLS

43-600. Charter School Appeals.

(Statutory Authority: 1976 Code Sections 59-5-60 and 59-40-10, et seq.)

I. APPEALS FROM A DECISION OF LOCAL BOARD OF TRUSTEES.

(A) Right to Appeal:

A charter school applicant may appeal an adverse decision of the local school board of trustees to the State Board of Education.

(B) Notice of Appeal:

The charter school applicant must provide the State Board of Education and the local school board of trustees with a written notice of appeal within ten (10) days after receiving the written explanation of the local school board of trustees. The notice of appeal is to be filed with the Chair of the State Board of Education at the Office of the State Superintendent of Education and with the Chair of the local school board of trustees. The notice of appeal must clearly identify the issues on appeal.

The Record on Appeal must include the written explanation of the decision of the local school board of trustees and evidence, submitted by either party that was considered by the local school board of trustees and that is relevant to the issue(s) on appeal. Matters not relevant or not previously presented to the local school board of trustees may not be included in the record and will not be considered by the State Board of Education. A party that submits materials to be included in the record on appeal must file twenty (20) copies of the materials with the Chair of the State Board of Education at the Office of the State Superintendent of Education and one copy with the Chair of the local school board of trustees within fifteen (15) days after the notice of appeal is filed.

(D) Scope of Review:

The State Board of Education's review will be limited to the record on appeal. The State Board of Education will not consider any fact that does not appear in the Record on Appeal.

(E) Standard of Review:

The State Board of Education may affirm or reverse the decision of the local school board of trustees if it determines that the local school board of trustees decision

(1) violated constitutional or statutory provisions,

(2) exceeded the authority of the local school board of trustees,

(3) was based upon an error of law,

(4) is clearly erroneous in view of the substantial evidence on the record, or

(5) was arbitrary or capricious.

(F) Written Memorandum:

Each party may submit a written memorandum explaining its position with respect to the issue(s) on appeal within fifteen (15) days after the notice of appeal is filed. If a party submits a memorandum, twenty (20) copies must be provided to the Chair of the State Board of Education at the Office of the State Superintendent of Education and one (1) copy to the opposing party.

(G) Hearing of Appeals:

The State Board of Education, within thirty (30) days after receipt of the notice of appeal and after reasonable public notice will conduct a public hearing to consider the appeal.

Each party will be allowed to make an oral argument addressing the issues on appeal. The length of time allotted for oral argument will be determined by the State Board of Education. The State Board of Education, at its discretion, may allow public comments addressing the issues on appeal at the public hearing. The Chair of the State Board of Education will notify the parties of the time allotted for oral argument.

The State Board of Education will issue a final written order within twenty (20) days of the public hearing.

II. APPEALS FROM THE CHARTER SCHOOL ADVISORY COMMITTEE

(A) Right to Appeal:

A charter school applicant may appeal a determination of noncompliance by the Charter School Advisory Committee to the State Board of Education.

(B) Notice of Appeal:

The charter school applicant must provide the State Board of Education, the Charter School Advisory Committee, and the local school board of trustees with a written notice of appeal within ten (10) days after receiving the determination from the Charter School Advisory Committee. The notice of appeal is to be filed with the Chair of the State Board of Education at the Office of the State Superintendent of Education, the Chair of the Charter School Advisory Committee, and the Chair of the local school board of trustees. The notice of appeal must clearly identify the issues on appeal.

The Record on Appeal must include the written determination by the Charter School Advisory Committee and the charter school application.

(D) Scope of Review:

The State Board of Education's review will be limited to the consideration of the Charter School Advisory Committee's application of the Charter School Standards in making its recommendation.

(E) Standard of Review:

The State Board of Education may affirm or reverse the recommendation of the Charter School Advisory Committee if it determines that the Charter School Standards were not applied in the decision making or if the State Board determines that the Charter School Advisory Committee's decision

(1) violated constitutional or statutory provisions,

(2) exceeded its authority,

(3) was based upon an error of law,

(4) is clearly erroneous in view of the substantial evidence on the record, or

(5) was arbitrary or capricious.

(F) Written Memorandum:

The charter school applicant may submit a written memorandum explaining its position with respect to the issue(s) on appeal within ten (10) days after the notice of appeal is filed. If the charter school applicant submits a memorandum, twenty (20) copies must be provided to the Chair of the State Board of Education at the Office of the State Superintendent of Education and one (1) copy to the Advisory Committee and one (1) copy to the Chair of the local school board of trustees.

(G) Hearing of Appeals:

The State Board of Education will consider the written record and memorandum only. Oral arguments and testimony will not be permitted.

The State Board of Education shall issue a final written order within forty-five (45) days of receiving the notice of appeal.

(H) Final Decision:

The decision of the State Board will be final. There is no further appeal of its decision.

III. STATE BOARD OF EDUCATION MOTION TO REVIEW A DECISION OF A LOCAL SCHOOL BOARD OF TRUSTEES CONCERNING A CHARTER SCHOOL APPLICATION

(A) Right to Move:

The State Board of Education may, on its own motion, review a decision of any local school board of trustees concerning charter schools.

(B) Notice of Motion:

The Chair of the State Board of Education will notify, by certified mail, the Chair of the local school board of trustees and the charter school applicant of its motion to review the decision of the local school board of trustees and the reasons for the motion.

Each party may submit a written memorandum and supporting documents addressing the reasons of the State Board of Education for the motion to review the decision of the local school board of trustees within twenty (20) days after the party receives notice of the motion to review.

(D) Hearing:

Within thirty (30) days of the motion to review by the State Board of Education and after reasonable notice, the State Board of Education will conduct a public hearing to consider its motion to review.

Each party will be allowed to make an oral argument addressing the issue(s) on review. The length of time allotted for oral argument will be determined by the State Board of Education. The State Board of Education, at its discretion, may allow public comment(s) addressing the issue(s) on review at the public hearing. The Chair of the State Board of Education will notify the parties of the time allotted for oral argument.

The local school board of trustees and the charter school applicant must provide all information relevant to the motion to review requested by the State Board of Education within five (5) days of the request. If either party refuses to provide the information, the State Board will issue a subpoena on its behalf. The State Board of Education will have the power to administer oaths and to examine witnesses and such documents and records as relate to the issue or issues on review.

The State Board of Education shall issue a final written order within twenty (20) days of the public hearing.

43-601. Procedures and Standards for Review of Charter School Applications.

I. APPLICATIONS TO BE CONSIDERED BY THE CHARTER SCHOOL ADVISORY COMMITTEE

(A) Review of Applications

All charter school applications must be reviewed by the Charter School Advisory Committee to determine compliance with the standards established below. The applications submitted to the Advisory Committee must demonstrate compliance with each standard.

(B) Proposed Contract

The charter school application will be a proposed contract.

If the Advisory Committee determines that an application does not meet one or more of the standards, it may request clarification or additional information from the applicant or the district. The Advisory Committee has the authority to incorporate this additional information into the application.

II. CHARTER SCHOOL APPLICATION STANDARDS

(A) Mission Statement

The charter school application must include a mission statement that must be clear and must support the intent of the Charter Schools Act:

(1) The purpose of the charter school must be clearly stated.

(2) The purpose of the charter school must be consistent with the intent of the Charter Schools Act:

(a) S.C. Code Ann. Section 59-40-20 (Supp. 2001):

This chapter is enacted to:

(i) improve student learning;

(ii) increase learning opportunities for students;

(iii) encourage the use of a variety of productive teaching methods;

(iv) establish new forms of accountability for schools;

(v) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and

(vi) assist South Carolina in reaching academic excellence.

(b) S.C. Code Ann. Section 59-40-30 (Supp. 2001):

The purpose of the Charter Schools Act is to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system.

(B) Admissions Policies and Procedures

The application must include a description of the charter school's admission policies and procedures:

(1) The admission policies and procedures must reflect compliance with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services.

(2) The admission policies and procedures must provide that, subject to space limitations, the charter school admits all children who are eligible to attend public school in the school district where the charter school is operating. If the number of applications exceeds the capacity of a program, class, grade level, or building, students must be accepted by lot, as specified in federal or state guidance. There is no appeal to the local school board of trustees.

(3) The policies and procedures must not limit or deny admission or show preference to any individual group; however, priority may be given to

(a) a sibling of a pupil already enrolled,

(b) children of charter school employees, and

(c) children of the charter school committee, provided enrollment does not exceed twenty percent of the enrollment of the charter school.

(4) Admission priority must be given to all students enrolled in a school undergoing a conversion.

(5) The policies and procedures must include provisions to grant or deny permission for students to attend the charter school if they reside in a school district other than the one where the charter school is located.

(a) In-district students will be given priority.

(b) Out-of-district student enrollment must not exceed 20 percent of the total enrollment of the charter school without the approval of the receiving district board of trustees. The sending district must be notified immediately of the transferring students. Out-of-district students must be considered on the basis of the order in which their applications are received.

(c) If the 20 percent of the out-of-district students are from one school district, then the sending district must concur with any additional students' transferring from that district to attend the charter school.

(6) If a charter school denies admission to a student for reasons other than the results of a lottery, the student may appeal the denial to the local school board of trustees. The decision will be binding on the student and the charter school.

The application must include evidence that an adequate number of parents, teachers, pupils, or any combination of them support the formation of the charter school:

(1) The charter committee must include at least one teacher.

(2) The application must include documentation of support of parents, teachers, pupils, or any combination of them that demonstrates that the school would likely meet enrollment expectations. A list of prospective or tentatively enrolled students or prospective employees is not required. The application must set forth the anticipated enrollment for the school at each grade level.

(3) Evidence of the interest level of parents, teachers, pupils, or any combination of them must be provided in the application and may include, but not be limited to, documentation of attendance and support at community meetings and survey results.

(4) If the social situation of the proposed school's targeted population precludes establishing parental support, evidence should demonstrate support from community groups and agencies, including letters from these entities that specify the level of their commitment to the school.

(5) In the case of a proposal to convert a school, the application must also include evidence that two-thirds of the faculty and instructional staff voted to support the filing of the application and evidence that two-thirds of the voting parents or legal guardians voted to support the filing of the application. Parents or guardians shall have one vote for each of their children enrolled in the school (i.e., each student may be represented by only one vote). All parents or legal guardians of students enrolled in the school must be given the opportunity to vote.

(D) Educational Program, Goals, Objectives, Pupil Achievement Standards, and Curriculum

The charter school's educational program, goals, objectives, pupil achievement standards, and curriculum must be clearly described in the application and must meet or exceed any student academic standards adopted by the school district in which the charter school is located. The application must demonstrate that the educational program is designed to enable each student to achieve these standards.

(1) The goals and objectives must be clearly stated and must provide enough detail to indicate specific outcomes.

(2) The student population must be identified by grade level, unique educational needs, and projected enrollment. A converted charter school must offer the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversions and may also provide additional grades and further educational offerings.

(3) The educational goals must reflect the school's mission statement.

(4) Strategies to accomplish the educational goals must be included.

(5) The school calendar must be at least 180 instructional days.

(6) Academic standards must identify what students will achieve at each grade level and must meet or exceed the South Carolina curriculum standards, as adopted by the State Board of Education. A correlation or other documentation must be included or process identified to ensure that the school will provide an instructional program that meets or exceeds the academic standards.

(7) If the charter school plans to offer the South Carolina State High School Diploma, the application must set forth the method for meeting the state requirements for the High School Diploma, including, but not limited to, course unit requirements, seat time for Carnegie Units, and passage of the required examination.

(8) Provisions must be included for determining if all students are achieving or attaining the standards, including the methods by which student performance information will be gathered and monitored.

(9) The application must include an explanation as to how the school will comply with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act.

(E) Student Assessment

The application must include a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's achievement standards. The school's evaluation plan must include state-mandated assessments and other assessments as well as the timeline for meeting these standards and the procedures to be taken if pupil achievement falls below the standards.

(1) Methods for evaluating pupil achievement at each grade level must be specified. These methods must include but should not be limited to the state assessments.

(2) The timeline must identify the expected yearly progress toward meeting the school's long-term performance goals. The expected yearly progress must meet or exceed the expectation of adequate yearly progress as established in the No Child Left Behind Act.

(3) Provisions must be included to address the needs of students who do not perform at acceptable levels of proficiency in the statewide assessment program.

(F) Budget and Accounting System

The application must include a plan for the charter school that is economically sound and in compliance with state and federal requirements, including a proposed budget for the term of the charter, and must describe the manner in which an annual audit will be conducted:

(1) A budget for each year of the term of the charter must be included. The charter school must use the same budget codes as are required of school districts. The budget must be based on documented State Department of Education estimated revenues in accordance with the allocations in S.C. Code Ann. Section 59-40-140(A)-(C). If the budget includes funds acquired through grants, the application must present evidence that the funds, including federal public charter school start-up grants, are likely to be received, and the terms of the projected grants must be explained. Anticipated expenditures must include all costs associated with initial implementation and continued operation, including but not limited to instructional and support costs for

(a) salaries,

(b) employee benefits,

(d) supplies and materials (includes noncapital equipment), and

(e) capital outlay.

(2) The application must include a description of the annual audit of the financial and administrative operations of the charter school, including evidence that the charter school will adhere to the accounting, auditing, and reporting procedures and requirements that are applied to public schools operating in South Carolina. Accounting, auditing, and reporting requirements must be in compliance with the principles set forth in the following publications, published annually by the Office of District Auditing and Field Services:

(a) Single Audit Guide,

(b) Financial Accounting Handbook, and

(3) The application must include documentation regarding the pupil accounting system, including evidence that the charter school will adhere to the procedures and regulations that are applied to public schools operating in South Carolina. Pupil accounting and reporting requirements must be in compliance with the S.C. Pupil Accounting Manual and the S.C. Student Accountability Manual, published by the State Department of Education.

(4) The application must include documentation of any negotiated services provided by the school district, including but not limited to financial accounting, payroll services, food services, custodial services, maintenance, curriculum, library and media services, and warehousing.

(G) Governance and Operation

The application must include a description of the governance and operation of the charter school:

(1) The charter school must be organized as a South Carolina non-profit corporation and the application must include a copy of the non-profit corporation's articles of incorporation and bylaws.

(2) The governing board must be elected annually by employees of the charter school and all parents or guardians of enrolled students.

(3) The governing board must assume the following responsibilities:

(a) employing and contracting with teachers and nonteaching employees;

(b) ensuring that teachers, whether certified or noncertified, undergo the background checks and other investigations required for certified teachers, as provided by law, before they may teach in the charter school;

(d) developing pay scales, performance criteria, and discharging policies for its employees;

(e) deciding all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures; and

(f) ensuring that the charter school will adhere to the same health, safety, civil rights, and disability rights requirements as are applied to all public schools operating in the same school district.

(4) The application must include a description of the administrative structure of the charter school, including the roles and responsibilities of each administrative staff member.

(5) Evidence of the nature and extent of parental, community, and professional educator involvement in the governance and operation of the school must be provided.

(6) Evidence must be provided that the charter school and its governing body will comply with the Freedom of Information Act. Such evidence may include the bylaws of the nonprofit corporation, which must be established prior to application.

(H) Administrative and Teaching Staff

The charter school must employ administrators and teachers in a manner consistent with the Charter Schools Act:

(1) At least one member of the administrative staff must hold current South Carolina certification in administration or have at least one year of experience in the field of school-based administration. The application must provide evidence that the qualifications of at least one administrator will meet this requirement.

(2) A newly created charter school may hire noncertified teachers not to exceed 25 percent of its faculty.

(3) A converted charter school may hire noncertified teachers not to exceed of 10 percent of its faculty.

(4) A teacher of a core academic area (English/language arts, mathematics, science, or social studies) must be certified in that area or must hold a baccalaureate or graduate degree in that subject. Teachers with elementary certification may teach in any academic area and in any grades allowable by the status of their certification.

(5) Part-time noncertified teachers must be considered pro rata in calculating staff percentages based on the hours which they are expected to teach.

(6) A noncertified teacher must be appropriately qualified for the subject matter taught, must have completed at least one year of study at an accredited college or university, and must meet the qualifications outlined in S.C. Code Ann. Section 59-25-115.

(7) A certified teacher must hold current certification by the State of South Carolina to teach in a public elementary, middle, or secondary school.

(I) Racial Composition

The application must describe how the charter school intends to ensure that the enrollment of the school is similar to the racial composition of the school district or to the targeted student population the charter school proposes to serve and must also provide assurance that the school complies with any school district desegregation plan or order in effect:

(1) The application must demonstrate timely, fair, and realistic policies and procedures for recruiting, registering, and admitting students that reflect the racial composition of the school district or the targeted school population.

(2) The proposed procedures and policies must reflect an understanding of the racial composition of the district and the targeted student population.

(3) To ensure compliance with a desegregation plan or order, the charter school applicant should take the following steps and provide documentation that these steps were taken in its application:

(a) request and receive a letter from the district indicating whether the school will be subject to any desegregation plan or order;

(b) secure a copy of the desegregation plan or order if the school is subject to such;

(c) determine and demonstrate that the charter school's policies and procedures are in compliance with the desegregation plan or order;

(d) request and receive a letter from the district that indicates whether the charter school's proposed policies and procedures are in compliance with any desegregation plan or order in effect in the district or whether clarification must be received from the Office for Civil Rights.

(J) Transportation

The application must include a description of how the charter school intends to meet the transportation needs of its pupils:

(1) If the charter school will provide transportation by school bus, the application must include a plan that complies with the state requirements for drivers and training and the state safety requirements for school buses.

(2) If the lack of transportation is preventing a child from attending school, the charter school must provide or facilitate transportation for that student.

(3) If the charter school intends to contract with the district or a third party for transportation services, a description of those services and a proposed contract must be provided in the application.

(4) A charter school is not required to provide or facilitate transportation for out-of-district students.

(K) Facilities and Equipment

The application must include a description of the building, facilities, and equipment and an explanation as to how they will be obtained:

(1) Facilities Identified in Application

(a) If a facility suitable for use by the charter school is identified at the time of application, the application must provide the following information with regard to the facility that the charter school intends to occupy:

(i) the address of the facility;

(ii) a description of the facility;

(iii) a floor plan of the facility, including a notation of its size in square footage;

(iv) the name and address of the owner of the facility; and

(v) a copy of the proposed lease or rental agreement if the facility will be leased or rented.

(b) If the facility that the charter school will occupy is being used as a public school at the time of application, the application must specify the name and location of that school and must include documentation setting forth the specific days and times during which the charter school is authorized to use that facility.

(c) The application must either demonstrate that the proposed facility is in compliance with applicable building codes, laws, and regulations for school occupancy or must provide a description of that facility and must demonstrate that it will meet the requirements:

(i) A certificate of occupancy or a letter from the Office of School Facilities stating that the facility meets the appropriate codes is adequate to show compliance with this standard with regard to school facilities.

(ii) If a certificate of occupancy is not issued or cannot be obtained at the time of application, the application must provide evidence that the charter school committee is working with an architect and/or the Office of School Facilities to correct any deficiencies in the facility.

(2) Facilities Not Identified in Application

If the charter school has not identified a suitable facility, the application must specify a plan for obtaining such a facility and must include

(a) a description of the facility needs,

(b) a statement as to whether an existing facility will be remodeled or a new facility will be built, and

(c) a schedule for completing or obtaining a suitable facility and, if applicable, a description of and timeline for any plan to raise funds for completing or obtaining the facility.

(3) The application must include a description of the equipment that will be used to support the proposed curriculum and an explanation as to how the equipment will be obtained.

(L) Employee Relations

The application must explain the relationship that will exist between the charter school and its employees, including evaluation procedures:

(1) The application must include a description of the process that will be used to advertise for, select, and employ instructional staff and other employees.

(2) The procedure for the evaluation of teachers of the charter school must be outlined in the application.

(a) The charter school may choose to use the ADEPT (Assisting, Developing, and Evaluating Professional Teaching) program. If ADEPT is to be used, the school must meet all requirements of the program.

(b) If the charter school selects another method of evaluation, that method must be explained with adequate detail.

(3) The application must explain how the terms and conditions of employment will be addressed with affected employees.

(M) Grievance and Termination Procedures

The charter school must have a reasonable grievance and termination procedure for its employees:

(1) The charter school may, with agreement from the sponsor, adopt the procedures for the employment and dismissal of teachers outlined in S.C. Code Ann. Section 59-25-410 et seq. (1990).

(2) If the charter school does not adopt procedures for the employment and dismissal of teachers outlined in S.C. Code Ann. Section 59-25-410 et seq. (1990), the charter school must establish employment and termination procedures that provide for notice and a right to a hearing before the governing board.

(3) The charter school application must include grievance or termination procedures for paraprofessionals and other staff.

(4) Teachers and other staff members who are employed at a public school that converts and who desire to continue to teach or work at the converted school may do so but will remain employees of the local school district with the same compensation and benefits including any future increases.

(N) Student Conduct, Rights, and Responsibilities

The charter school application must include a policy governing student conduct, student rights and responsibilities, and student discipline standards and procedures:

(1) The charter school may adopt the district's policy on student conduct and discipline.

(2) If the charter school does not adopt the district's policy on student conduct and discipline, the charter school application must include a policy that sets forth clear expectations for student conduct.

(3) The policy must set forth disciplinary actions to be taken by the administration for breaches of the student conduct policy.

(4) The application must set forth an appeal process for students recommended for expulsion that includes a right to appeal a decision to the charter school board.

(5) The application must set forth an assurance that the charter school will comply with S.C. Code Ann. Section 59-63-235 (Supp. 2001), which provides for the expulsion of any student who brings a firearm to school.

(6) The application must include an assurance that the charter school will comply with the Family Education Rights and Privacy Act (20 U.S.C. Section 1232).

(7) The application must contain the explanation of the policies with regard to student conduct, rights, and responsibilities that will be given to parents and students at the beginning of the school year.

(O) Indemnification

The charter school must assume the liability for the activities of the charter school and must agree to indemnify and hold harmless the school district, its servants, agents, and employees from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise that arises out of the act, failure to act, or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school.

(P) Insurance

The application must include a description of the types and amounts of insurance coverage to be obtained by the charter school. The application must address, but is not limited to, the following types of insurance: worker's compensation, liability, property, indemnity, and automotive.

(1) The application must include a description of worker's compensation insurance and amounts and a statement from a South Carolina licensed insurance company or the state insurance reserve fund setting out the charter school applicant's ability to secure the insurance and an estimate of the cost of the insurance.

(2) The application must include a description of liability insurance and the amounts to be obtained by the charter school and a statement from a South Carolina licensed insurance company or the state insurance reserve fund setting out the charter school applicant's ability to secure the insurance and an estimate of the cost of the insurance. The minimum policy must cover the limits of the South Carolina Tort Claims Act (S.C. Code Ann. Section 15-78-120 (Supp. 2001)).

(3) The application must include a description of the insurance to cover loss to the school building and contents for fire and theft and a statement from a South Carolina licensed insurance company or the state insurance reserve fund setting out the charter school applicant's ability to secure the insurance and an estimate of the cost of the insurance.

(4) The application must include a description of indemnity insurance against civil and criminal liability for the charter school to protect the sponsor, the members of the board of the sponsor, and the employees of a sponsor acting in their official capacity with respect to all activities related to the charter school. A statement from a South Carolina licensed insurance company or the state insurance reserve fund setting out the charter school applicant's ability to secure the insurance and an estimate of the cost of the insurance must also be included.

(5) The application must include a description of automobile insurance, both property and liability insurance and a statement from a South Carolina licensed insurance company or the state insurance reserve fund setting out the charter school applicant's ability to secure the insurance and an estimate of the cost of the insurance.

III. CONDITIONAL CHARTERS

The local school board may grant a conditional charter, instead of a full charter, to an applicant whose application meets the standards as determined by the Advisory Committee if a charter school has not yet secured its space and been issued a certificate of occupancy by the Office of School Facilities, secured its equipment, facilities, and/or personnel.

IV. ADVERSE IMPACT ON STUDENTS

A local school board of trustees may deny an application if the charter school would adversely affect the other students in the district.

(A) The local school board of trustees must demonstrate adverse impact on students. The impact must be specific and must have a negative affect on students. If the local school board of trustees finds that the charter school would adversely affect other students of the district, the written explanation of the reasons for denial required by Section 59-40-70(C) must describe detrimental effects upon other students of the district.

(B) If the district is claiming an adverse impact based upon the redirection of funding to the charter school, the district must demonstrate that the funds being redirected to the charter school will have a direct negative impact on students.

(1) The district must show options it has considered in an effort to reduce the adverse financial impact of the charter school.

(2) The district has considered the net fiscal impact of the charter school, including the fiscal benefits that the charter school may bring to the district.

V. GUIDELINES

The State Department of Education may issue guidelines to assist charter schools in complying with federal legislation, including, but not limited to, No Child Left Behind and the Individuals with Disabilities Education Act.

Disclaimer: These codes may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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