2017 South Carolina Code of Laws
Title 59 - Education
CHAPTER 5 - STATE BOARD OF EDUCATION
Section 59-5-65. Powers and responsibilities of State Board of Education.

Universal Citation: SC Code § 59-5-65 (2017)

The State Board of Education shall have the power and responsibility to:

(1) Establish on or before August 15, 1985, regulations prescribing minimum standards of conduct and behavior that must be met by all pupils as a condition to the right of pupils to attend the public schools of the State. The rules shall take into account the necessity of proper conduct on the part of all pupils in order that the welfare of the greatest possible number of pupils shall be promoted notwithstanding that the rules may result in suspension or expulsion of pupils, provided, however, that disciplinary procedures shall be in compliance with Public Law 94-142.

(2) Promulgate on or before August 15, 1985, regulations prescribing a uniform system of minimum enforcement by the various school districts of the rules of conduct and behavior.

(3) Promulgate rules prescribing scholastic standards of achievement. 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. School districts may impose additional standards of conduct and may impose additional penalties for the violation of such standards of behavior, provided, however, that disciplinary procedures shall be in compliance with Public Law 94-142;

(4) Establish on or before July 1, 1985, regulations prescribing a uniform system of enforcement by the various school districts of the state compulsory attendance laws and regulations promulgated pursuant to Section 59-65-90.

(5) Promulgate regulations to ensure that all secondary schools, with the exception of career and technology schools and secondary schools whose enrollment is entirely handicapped, offer a clearly defined college preparatory program as specified by the State Board of Education.

(6) Promulgate regulations to ensure that each school district in its secondary school or career and technology center shall establish clearly defined career and technology programs designed to provide meaningful employment.

(7) By January 1, 1986, establish criteria for promotion of students to the next higher grade.

In grades 1, 2, 3, 6, and 8, a student's performance on the Basic Skills Test of reading shall constitute twenty-five percent of the assessment of his achievement in reading and his performance on the Basic Skills Test of mathematics shall constitute twenty-five percent of the assessment of his achievement in mathematics. The State Board of Education shall specify other measures of student performance in each of these subjects which shall constitute the remaining seventy-five percent of the student's assessment.

Any student who fails to meet the criteria established by the Board for promotion to the next higher grade must be retained in his current grade or assigned to a remedial program in the summer or in the next year. Students assigned to the remedial program must meet the minimum criteria established by the Board for his current grade at the conclusion of the remedial program to be promoted to the next higher grade. All handicapped students as defined by federal and state statutes and regulations are subject to the provisions of this section unless the student's individual education plan (IEP) as required by Public Law 94-142 defines alternative goals and promotion standards.

Nothing in this subitem shall prohibit the governing bodies of the school districts of this State from establishing higher standards for the promotion of students.

(8) Develop and implement regulations requiring all school districts to provide at least one-half day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. If 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. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on appropriate performance measures."

(9) [Deleted]

(10) Adopt guidelines whereby the secondary schools of this State shall emphasize teaching as a career opportunity.

(11) Adopt policies and procedures for the local school districts to follow whereby:

(a) Regular conferences between parents and teachers are encouraged.

(b) Each school has active parent and teacher participation on the School Improvement Council and in parent-teacher groups.

(c) Parenting classes and seminars are made readily available in every school district.

(12) Adopt policies and procedures to accomplish the following:

(a) Have school personnel encourage advice and suggestions from the business community.

(b) Have business organizations encourage their members to become involved in efforts to strengthen the public schools.

(c) Encourage all schools and businesses to participate in adopt-a-school programs.

(d) Encourage statewide businesses and their organizations to initiate a Public Education Foundation to fund exemplary and innovative projects which support improvement in the public schools.

(13) Adopt policies and procedures to accomplish the following:

(a) Expand school volunteer programs.

(b) Encourage civic and professional organizations to participate in local adopt-a-school programs.

(14) work with the leadership network established pursuant to Section 59-6-16.

(15) Develop by regulation a model safe schools checklist to be used by school districts on a regular basis to assess their schools' safety strengths and weaknesses. The checklist must include:

(a) the existence of a comprehensive safety plan;

(b) communication of discipline policies and procedures;

(c) intraagency 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.

(16) consult with the Department of Agricultural Education of Clemson University at all steps in the development of any state plan prepared to satisfy any federal requirement related to the Carl Perkins Vocational and Applied Technology and Education Act or any successor federal law, including, but not limited to, the allocation or distribution of funds under this federal act.

HISTORY: 1984 Act No. 512, Part II, Section 9, Division II, Subdivision A, SubPart 1, Section 3, SubPart 2, Section 1, SubPart 5, Section 1(A), Subdivision B, SubPart 2, Section 1(A), SubPart 3, Section 1, Subdivision C, SubPart 1, Section 1(C), Subdivision F, SubPart 1, Section 1, SubPart 2, Section 1, and SubPart 3, Section 1; 1985 Act No. 201, Part II, Sections 9(A), (B), (G), (O); 1987 Act No. 80 Section 1; 535, Section 1; 1989 Act No. 194, Sections 2 and 32; 1990 Act No. 579, Section 5; 1993 Act No. 135, Sections 6, 7; 1993 Act No. 164, Part II, Section 51A; 2005 Act No. 49, Section 5, eff May 3, 2005.

Effect of Amendment

The 2005 amendment in items (5) and (6) substituted "career and technology" for "vocational".

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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