SECTION 1 - H63 - DEPARTMENT OF EDUCATION

     1.1.      (SDE: Appropriation Transfer Prohibition)  The amounts appropriated herein for aid to subdivisions, allocations to school districts, or special line items shall not be transferred and must be expended in accordance with the intent of the appropriation, except that the department may transfer funds that are deducted and retained from a school district's transportation allocation to reimburse the department for the cost of unauthorized mileage.  This transfer must be agreed upon by both the school district and the department.  Those funds may be transferred into the department's school bus transportation operating account.
     1.2.      (SDE: DHEC - Comprehensive Health Assessment)  All school districts shall participate, to the fullest extent possible, in the Medicaid program by seeking appropriate reimbursement for services and administration of health and social services.  Reimbursements to the school districts shall not be used to supplant funds currently being spent on health and social services.
     1.3.      (SDE: EFA Formula/Base Student Cost Inflation Factor)  To the extent possible within available funds, it is the intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast.  The base student cost for the current fiscal year has been determined to be $2,367 $2,476.  In Fiscal Year 2006-07 2007-08, the total pupil count is projected to be 677,092 683,601.  The average per pupil funding is projected to be $4,357 $4,571 state, $1,086 $1,066 federal, and $5,333 $4,929 local.  This is an average total funding level of $10,776 $10,566 excluding revenues of local bond issues.
     Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations and/or for Summer School.
     1.4.      (SDE: EFA - Formula)  The amount appropriated in Part IA, Section 1 for "Education Finance Act" shall be the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients.  The South Carolina Education Department shall develop formulas to determine the state and required local funding as stipulated in the South Carolina Education Finance Act of 1977.  Such formulas shall require the approval of the State Board of Education and the Budget and Control Board.  After computing the EFA allocations for all districts, the department shall determine whether any districts' minimum required local revenue exceeds the districts' total EFA Foundation Program.  When such instance is found, the department shall adjust the index of taxpaying ability to reflect a local effort equal to the cost of the districts' EFA Foundation Program.  The districts' weighted pupil units are to be included in determination of the funds needed for implementation of the Education Finance Act statewide.
     In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with the total funds appropriated for this purpose.  If a reduction is required in the state's contribution, the required local funding shall be reduced by the proportionate share of local funds per weighted pupil unit.  The Department of Education shall continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds.
     Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the appropriated base student cost of the prior fiscal year.
     1.5.      (SDE: Employer Contributions/Allocations)  It is the intent of the General Assembly that the appropriation contained herein for "Public School Employee Benefits" shall not be utilized to provide employer contributions for any portion of a school district employee's salary which is federally funded.
     State funds allocated for school district employer contributions must be allocated by the formula and must be used first by each district to cover the cost of fringe benefits for personnel required by the Defined Program, food service personnel and other personnel required by law.  Once a district has expended all state allocated funds for fringe benefits, the district may utilize food service revenues to fund a proportionate share of fringe benefits costs for food service personnel.
     The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under the fringe benefits program in accordance with criteria established for all school districts.
     1.6.      (SDE: Employer Contributions/Obligations)  In order to finalize each school district's allocations of Employer Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a school district's allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement System from the prior fiscal year.  In the event the Department of Education is notified that an educational subdivision has failed to remit proper payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to withhold the educational subdivision's state funds until such obligations are met.
     1.7.      (SDE: Governor's School for Science & Math)  Any unexpended balance on June 30 of the prior fiscal year of funds appropriated to or generated by the Governor's School for Science and Mathematics may be carried forward and expended in the current fiscal year pursuant to the direction of the board of trustees of the school.
     1.8.      (SDE: Educational Responsibility/Foster Care)  Notwithstanding any other provision of law, the responsibility for providing a free and appropriate public education program for all children including disabled students is vested in the public school district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state operated health care facility including a facility for treatment of mental illness or chemical dependence and habilitation centers for mentally retarded persons or persons with related conditions located within the jurisdiction of the school district.  The districts concerned may agree upon acceptable local cost reimbursement.  If no agreement is reached, districts providing education shall receive from the district where the child last resided before placement in a facility an additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  If a child from out of state is residing in a facility owned and/or operated by a for profit entity, the district providing educational services shall be reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  This also applies to John de la Howe School who also has the authority to seek reimbursement in any situation that the school district has participation in the placement of the student.  John de la Howe school shall be reimbursed the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  Participation will be evidenced by a written agreement from the IEP team or 504 team, written referral, or the school district initiating the placement process.  School districts providing the education shall notify the nonresident district in writing within 45 calendar days that a student from the nonresident district is receiving education services pursuant to the provisions of the proviso.  The notice shall also contain the student's name, date of birth, and disabling condition if available.  If appropriate financial arrangements cannot be effected between institutions of the state, including independent school districts under the authority of the Department of Disabilities and Special Needs, and school districts, institutions receiving educational appropriations shall pay the local base student cost multiplied by the appropriate pupil weighting.  Children residing in institutions of state agencies shall be educated with nondisabled children in the public school districts if appropriate to their educational needs.  Such institutions shall determine, on an individual basis, which children residing in the institution might be eligible to receive appropriate educational services in a public school setting.  Once these children are identified, the institution shall convene an IEP meeting with officials of the public school district in which the institution is located.  If it is determined by the committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the school district in which the institution is located must provide the educational services.  However, that school district may enter into contractual agreements with any other school district having schools located within a 45 mile radius of the institution.  The cost for educating such children shall be allocated in the following manner:  the school district where the child last resided before being placed in an institution shall pay to the school district providing the educational services an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; the school district providing the educational services shall be able to count the child for all funding sources, both state and federal.  The institution and school district, through contractual agreements, will address the special education and related services to be provided to students.  Should the school district wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities Education Act.
     The agreed upon acceptable local cost reimbursement or the additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students, shall be paid within 60 days of billing, provided the billing district has provided a copy of the invoice to both the Superintendent and the finance office of the district being invoiced.  Should the district not pay within 60 days, the billing district can seek relief from the Department of Education.  The department shall withhold EFA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the billing school district.
     The agency placing a child in any situation that requires changing school districts, must work with the schools to assure that all required school records, including confidential records, are transferred from the sending to the receiving school within three working days.  School records to be transferred should include grade transcripts, state birth certificate, certificate of immunization, social security card, attendance records, discipline records, IEP's, psychological reports (or notation in the school records that a psychological report on the child is available at the school district office) and any other records necessary for the appropriate placement of the child in the new school.  School districts must release all records upon presentation of a court order or appropriate permission for confidential release.  If evaluation or placement is pending, the receiving school district is responsible to secure information and to complete the placement.  The receiving school will maintain appropriate confidentiality of all records received on a child.
     1.9.      (SDE: Disabled/Preschool Children)  The state funding for free appropriate public education provided for the three and four-year-old disabled children served under Act 86 of 1993, shall be distributed based on the district's index of taxpaying ability as defined in Section 59-20-20(3).  Five-year-old disabled children shall continue to be funded under the Education Finance Act of 1977.
     1.10.      (SDE: Instruction in Juvenile Detention Centers)  It shall be the responsibility of the school district where a local juvenile detention center is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this State.  Students housed in local detention centers are to be included in the average daily membership count of students for that district and reimbursement by the Department of Education made accordingly.
     1.11.      (SDE: Revenue Authorization)  The State Department of Education is hereby authorized to collect, expend, and carry forward revenues in the following areas to offset the cost of providing such services:  the sale of publications, manuals and forms, the sale of Apple Tags, royalties, contributions, donations, foundation funds, special grants and contracts, brochures, photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration fees for non-SDE employees, recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; the provision of contract computer services to school districts and other state agencies, joint broadcast service to school districts, and education-related statistics through agreement with the National Center for Education Statistics; the lease or sale of programs of television, audio or microcomputer software; the collection of damage fees for instructional materials and the sale of unusable instructional materials; sale of fuel; use and repair of transportation equipment; fees for Medicaid reimbursable transportation; the receipt of insurance and warranty payments on Department of Education equipment and the sale of used school buses and support equipment.  The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and test rescoring fees.  The Department of Education is authorized to expend revenue collected for lost and damaged instructional materials and the sale of unusable instructional materials for the purpose of contracting for the purchase and maintenance of a statewide textbook inventory management system, provided that schools' newly-adopted instructional materials needs are met first.
     1.12.      (SDE: School District Bank Accounts)  Notwithstanding any other provisions of law, each school district in this State, upon the approval of the district's governing body, may maintain its own bank account for the purpose of making disbursement of school district funds as necessary to conduct school district business and each county treasurer is hereby authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing body or their designee.  Such order shall contain a statement that such amount is for immediate disbursement for the payment of correct and legal obligation of the school district.
     1.13.      (SDE: School Lunch Program Aid)  The amount appropriated herein for School Lunch Program Aid shall be divided among the District and/or County Boards of Education of the State upon the basis of the number of schools participating in the School Lunch Program in each district during the prior school year.  The travel expenses of the District and/or County School Lunch Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State.  These funds may be used as an aid in improving the School Lunch Program.  These funds may not be used to supplement the salaries of school lunch supervisors.  In the absence of a County Board of Education in multi-district counties, the funds will be divided among the school districts of the county on the basis of the number of schools participating in the School Lunch Program in each district during the prior school year.
     1.14.      (SDE: Teachers/Temporary Certificates)  Of the funds provided for teacher salaries funds may be used to pay salaries for those teachers holding temporary certificates which shall remain valid for the current school year if the local board of education so requests.  The State Department of Education shall submit to the General Assembly by March 1 of the current fiscal year a report showing by district the number of temporary certificates by category; including an enumeration of the certificates carried forward from the previous year.  No temporary certificate shall be continued more than twice.
     1.15.      (SDE: Travel/Outside of Continental U.S.)  School District allocations from General Funds and EIA funds shall not be used for travel outside of the continental United States.  The International Baccalaureate Program shall be exempt from this restriction.
     1.16.      (SDE: Year End Closeout)  The State Department of Education is authorized to expend federal and earmarked funds (not including state or EIA funds) in the current fiscal year for expenditures incurred in the prior year; however, state funds appropriated in Part IA, Section 1, XIII, Aid to School Districts, for the Children's Case Resolution System or private placements for services provided to children with disabilities may be used for those expenditures in prior fiscal years.  The department is also authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal year.
     1.17.      (SDE: Transportation Collaboration)  The Department of Education School Bus Maintenance Shops shall be permitted, on a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies in South Carolina.
     School buses operated by school districts, other governmental agencies or head start agencies for the purpose of transporting students for school or school related activities shall not be subject to state motor fuel taxes.  Further, that school districts, other governmental agencies or head start agencies may purchase this fuel, on a cost reimbursable-plus basis, from the Department of Education School Bus Maintenance Shops.
     1.18.      (SDE: Assisting, Developing, and Evaluating Professional Teaching--ADEPT)  Funds appropriated in Part IA, Section 1, XIII.A-Aid to School Districts-Aid to Subdivision-APT/ADEPT, may be used for the implementation of the ADEPT system.  Of the funds appropriated, ten percent is to be used to pay colleges and universities for ADEPT services.  The remaining funds will be distributed to school districts, School for the Deaf and the Blind, John de la Howe School, Governor's School for Arts and Humanities and the Department of Juvenile Justice on a per induction contract teacher basis to offset the costs of implementing the ADEPT program.  Governing boards of public institutions of higher education may provide by policy or regulation for a tuition waiver for the tuition for one three-hour course at that institution for those public school teachers who serve as supervisors for full-time students completing education degree requirements.  Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes.
     1.19.      (SDE: Summer Exit Exam Cost)  Funds appropriated in Part IA, Section 1, III may be used to offset the costs of the summer administration of the Exit Examination.  These funds may be expended to cover the costs related to developing, printing, shipping, scoring, and reporting the results of the assessments.  Local school districts may absorb local costs related to administration.
     1.20.      (SDE: Defined Program Personnel Requirements)  Administrative positions requiring State Board of Education teacher or administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another method) from the hiring school district.  Any public school district or special school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its EFA and or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity.  Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.  Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State Board of Education, as well as temporary positions for grant writing and testing are excluded from this requirement.
     1.21.      (SDE: Mathematics and Science Unit of the Office of Curriculum and Standards)  Of the funds appropriated to the Department of Education, $75,000 must be provided to the Charleston Science and Mathematics Center for curriculum development at the South Carolina Aquarium.
     1.22.      (SDE: School Bus Insurance)  The Department of Education shall maintain comprehensive and collision insurance or self-insure state-owned buses.  In no event shall the department charge local school districts for damages to the buses which are commonly covered by insurance.
     1.23.      (SDE: Teacher Data Collection)  Of the non-program funds appropriated to the Department of Education, the department and the Commission on Higher Education shall share data about the teaching profession in South Carolina.  The data sharing should ensure (1) a systematic report on teacher supply and demand information and (2) data to determine classes being taught by public school teachers out of field of their preparation.  The data collection should include but not be limited to:  classes/subjects taught, number of students taught, percentage of teacher education graduates from South Carolina colleges/universities who go into teaching, percentage of teacher education graduates who teach in public schools in South Carolina, percentage of new teachers who leave the South Carolina teaching profession in the first three years of public school teaching due to unsuccessful evaluations, percentage of new teachers who leave the profession in the first three years of public school teaching in South Carolina who have successful evaluations, turnover rate of teachers and certification areas with highest vacancies.  All database items should be set up so that it can be disaggregated by ethnicity, gender, geographic location, etc.
     1.24.      (SDE: Adult Education/Literacy)  The General Assembly must appropriate for adult education an amount equal to $175 per pupil.  The per pupil amount shall be adjusted annually by the same percentage as the inflation factor used to adjust the base student cost of the Education Finance Act.  The number of pupils shall be determined by counting the number of persons sixteen years or older who attended a minimum of twelve hours in an approved adult education program in the prior fiscal year.  Funds may decrease with a decrease in enrollment; however, overall levels of State funding must meet the federal requirement of State maintenance of effort.
     From the funds appropriated for adult education, $150,000 must be used to provide for pilot projects for rural literacy development.  In addition, each county shall receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and those reading at or below the eighth grade level.  The North Family Community School shall receive $2,000 of the funds allocated to Orangeburg County for adult literacy.  The school districts may provide this service or may contract to have this service provided.  In multi-district counties, the districts must agree on the method of service delivery for the entire county and select one district to serve as the fiscal agent.
     1.25.      (SDE: Teacher Technology Proficiency)  To ensure the effective and efficient use of the funding provided by the General Assembly in Part IA, Section 1 XI.E.3 for school technology in the classroom and internet access, the State Department of Education shall approve district technology plans that specifically address and incorporate teacher technology competency standards and local school districts must require teachers to demonstrate proficiency in these standards as part of each teacher's Professional Development plan.  The Department of Education's professional development tracking, prescriptive and electronic portfolio system for teachers is the preferred method for demonstrating technology proficiency as this system is aligned to the International Society for Technology in Education (ISTE) teacher standards.  Evidence that districts teachers are meeting the requirement is a prerequisite to expenditure of a district's technology funds.
     1.26.      (SDE: School Building Aid Allocation)  Funds appropriated for School Building Aid shall be transferred to a special trust fund established by the Comptroller General.  Funds appropriated shall be distributed to the school districts of the State for use in accordance with Section 59-21-350 of the Code of Laws of 1976.  Funds shall be allocated to eligible school districts on a per pupil basis.  The allocation must be based on the 135 day count of average daily membership for the second preceding fiscal year.
     1.27.      (SDE: School Building Aid Funds Expenditure)  Funds appropriated in Part IA in this act or in a previous Appropriation Act for school building aid may be expended by the school district without approval from the State Board of Education.  The Department of Education shall require that school districts include in their annual audit a verification of compliance with all applicable State laws associated with the use of these funds.
     1.28.      (SDE: School Building Aid)  Of the funds appropriated in Part IA for School Building Aid, $500,000 shall be allocated on a K-12 per pupil basis to Multi-District Area Vocational Schools.
     1.29.      (SDE: PSAT/PLAN Reimbursement)  Funds appropriated for assessment shall be used to pay for the administration of the PSAT or PLAN test to tenth grade students to include the testing fee and report fee.  SDE is authorized to carry forward into the current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not completed by the end of the fiscal year including the scoring of the spring PACT assessment.
     1.30.      (SDE: Basic Skill Exam)  Any person seeking candidacy in a an undergraduate teacher education program is required to take and pass the Basic Skill Examination pursuant to Sections 59-26-20 and 59-26-40.  Any person who fails to achieve a passing score on all sections shall be allowed to retake the test or a portion thereof.  All sections of the Basic Skill Examination must be passed before any person is formally admitted into any undergraduate teacher preparation program in South Carolina.  However, any person having attained 1100 1650 or better on the SAT or a comparable ACT score shall be exempt from this requirement.
     1.31.      (SDE: School Bus Driver CDL)  From funds provided in Part IA, Section 1, VII.C., local school districts shall request a criminal record history from the South Carolina Law Enforcement Division for past conviction of any crime before the initial employment of a school bus driver or school bus aide.  The Department of Education and the school districts shall be treated as a charitable organization for purposes of the fee charged for the criminal records search.
     1.32.      (SDE: Parent and Guardian Responsibility)  To protect the unwarranted expenditure of funds provided in Part IA, Section 1, VII.C., the parents or guardians of a child being transported on a school bus are responsible for the safety and conduct of the child prior to the arrival of the school bus at the child's designated school bus stop for pick up and transport to school, and after the school bus drops off the child and departs the child's designated school bus stop when transporting the children from school.  The state's responsibility includes the arrival or departure of the school bus, which is defined as the time that the school bus assigned to the school bus stop activates the required pedestrian safety devices, stops and loads or unloads students, and until the school bus deactivates all pedestrian safety devices.
     1.33.      (SDE: SAT Preparation)  From the funds appropriated for SAT Preparation, the State Department of Education shall institute a plan reviewing, on an individual basis, weaknesses of students on actual PSAT administrations, and providing assistance.  To accomplish this, the Department shall use reports that analyze student weaknesses and provide guidance to local schools on the effective use of the reports.
     1.34.      (SDE: School Bus Purchase)  Any procurement of school buses with funds appropriated in this act or any other appropriation bill must meet specifications developed by the School Bus Specification Committee as established by the State Superintendent of Education.  The School Bus Specifications Committee shall allow for input from all school bus chassis and body manufacturers.  However, if it is safe, more economical, and in the public interest, the department may use the school bus specifications of Georgia or North Carolina in the procurement of school buses.
     1.35.      (SDE: Buses, Parts, and/or Fuel)  Funds appropriated for other operating in program VII.C. and D - Bus Shops may be used to purchase buses, fuel, parts, or other school bus related items.  Any funds appropriated or authorized for the purchase of school buses may not be transferred or used for any other purpose, except that up to $1,500,000 may be used to purchase school bus service vehicles.  Funds appropriated or authorized for school bus fuel in this act or any appropriation act supplemental thereto in excess of what is necessary to operate the bus fleet must be used for the purchase of school buses.  However, in the event of an emergency fuel situation, the department may seek approval from the Budget and Control Board and the board is authorized to grant such approval, for the expenditure of any non-program appropriated funds for fuel expenditures.
     1.36.      (SDE: Mitford Transportation Costs)  Transportation costs for the transporting of students from the Mitford area of Fairfield County to schools in the Great Falls area of Chester County is not the responsibility of and shall not be borne by the Chester County School District.  These transportation costs shall continue to be the responsibility of the State Department of Education.
     1.37.      (SDE: Refurbishing Science Kits)  Funds appropriated for the purchase of textbooks and other instructional materials may be used for reimbursing school districts to offset the costs of refurbishing science kits on the state-adopted textbook inventory, purchasing new kits from the central textbook depository, or a combination of refurbishment and purchase.  The refurbishing cost of kits may not exceed the cost of the state-adopted refurbishing kits plus a reasonable amount for shipping and handling.  Costs for staff development, personnel costs, equipment, or other costs associated with refurbishing kits on state inventory are not allowable costs.
     1.38.      (SDE: Status Offenders/John de la Howe)  The funds appropriated for the Status Offender Program shall be distributed to John de la Howe School to expand residential programs to include court ordered status offenders.  Components of such a program shall include collaboration between the home school district and the residential school and treatment or related services to the families of students in placement.
     1.39.      (SDE: Part-time Benefits)  Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall qualify for state health and dental insurance.  The Budget and Control Board is directed to amend its "Plan of Benefits" regarding fringe benefits to conform to the provisions of this section.  Teachers and employers shall each contribute toward the cost of these benefits with the employer paying only that portion of the employer's normal cost which is attributable to the time the teacher is working, and the teacher shall pay all remaining costs.  However, the employer's contribution shall be no less than half the normal cost.
     1.40.      (SDE: Governor's School Leave Policy)  Notwithstanding any other provision of law, the S.C. Governor's School for the Arts and Humanities and the S.C. Governor's School for Science and Mathematics are authorized to promulgate administrative policy governing annual and sick leave relative to faculty and staff with the approval of their respective board of directors.  This policy shall address their respective school calendars in order to comply with the instructional needs of students attending both special schools.
     1.41.      (SDE: Sale of School District Property)  Notwithstanding Section 59-19-250 of the 1976 Code, during the current fiscal year, school trustees of a school district which do not currently have the authority to do so, may sell or lease school property, real or personal, in their school district whenever they deem it expedient to do so and apply the proceeds of the sale or lease to the school fund of the district.
     1.42.      (SDE: School Facilities Management System)  School Districts may use capital improvement bond funds, lapsed funds or any other unexpended appropriated funds or revenues to access the Department of Education's School Facilities Management System database.
     1.43.      (SDE: School Board Meetings)  Of the funds appropriated through the Department of Education for technology related expenses, school districts that have a web site shall place a notice of a regularly scheduled school board meeting twenty-four hours in advance of such meeting.  The notice shall include the date, time, and agenda for the board meeting.  The school district shall place the minutes of the board meeting on their web site within ten days of the next regularly scheduled board meeting.
     1.44.      (SDE: Alternative Certification/Displaced Employees)  The Department of Education is directed to give priority in the Program for Alternative Certification for Educators (PACE) to the recruitment of qualified state employees impacted by reduction in force actions of agencies.  The Student Loan Corporation is directed to give priority in the Career-Changer Loan program to qualified state employees.  The Department of Education shall provide information to the Office of Human Resources and the personnel offices of state agencies instituting a reduction in force to advertise and inform employees of this program and state agencies shall work with the department in this effort.
     1.45.      (SDE: Proviso Allocations)  The State Department of Education may reduce by up to 10%, any allocation in Section 1 specifically designated by proviso.  No allocation for teacher salaries shall be reduced as a result of this proviso.
     1.46.      (SDE: School Districts and Special Schools Flexibility)  All school districts and special schools of this State may transfer up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for direct classroom instruction.
     The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this provision.  The details of such transfers must be provided to members of the General Assembly upon request.  School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same purpose.  All transfers executed pursuant to this provision must be completed by May first of the current fiscal year.  All school districts and special schools of this State may expend funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, for any instructional program.  The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives.  The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review.  This review shall be provided to the members of the General Assembly annually.  Any grant or technical assistance funds allocated directly to an individual school may not be reduced or reallocated within the school district and must be expended by the receiving school only according to the guidelines governing the funds.
     1.47.      (SDE: Medical Examination and Security Reimbursement)  From funds authorized in Part IA, Section 1, VII.C. Other Operating Expenses, the Department of Education may reimburse employees for the cost of a medical examination as required in Part 391, Subpart E of the Federal Motor Carrier Safety Regulations, for employees that are required to operate a state vehicle transporting hazardous materials.  Reimbursement may also be provided to employees that are required to undergo a national security background check because of the required Hazmat endorsement to their CDL.
     1.48.      (SDE: Budget Reduction)  In compensating for any reduction in funding, local districts must give priority to preserving classroom teachers and operations.  Funding reductions should first be applied to administrative and non-classroom expenses before classroom expenses are affected.
     1.49.      (SDE: Governor's School for the Arts and Humanities Carry Forward)  Any unexpended balance on June 30 of the prior fiscal year of funds appropriated to or generated by the South Carolina Governor's School for the Arts and Humanities may be carried forward and expended in the current fiscal year for the purpose of purchasing instructional materials not funded under the State Adopted Textbook Program pursuant to the discretion of the Board of Trustees of the School.
     1.50.      (SDE: Governor's Schools' Fees)  Notwithstanding any other provision of law, the South Carolina Governor's School for the Arts and Humanities and the South Carolina Governor's School for Science and Mathematics are authorized to charge, collect, expend, and carry forward student fees as approved by their respective Board of Directors.  The purpose and amount of any such fees will be to maintain program quality in both academics and residential support.  No student will be denied admittance or participation due to financial inability to pay.  The respective Board of Directors shall promulgate administrative policy governing the collection of all student fees.
     1.51.      (SDE: National Board Certification Incentive)  Public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification.  Teachers employed at the special schools shall be eligible for this $7,500 salary supplement.  The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1.  The $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate.  However, the $7,500 supplement shall be adjusted on a pro rata basis for the teacher's FTE and paid to the teacher in accordance with the district's payroll procedure.  The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee.  One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board.  Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven.  Teachers who previously submitted a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act.  Of the funds appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the administration of the loan program.  In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification.  National board certified teachers moving to this State who hold a valid standard certificate from their sending state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing contract status.  Their recertification cycle will be consistent with national board certification.
     Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification.  Teacher specialists remain eligible for state supplement for National Board certification.
     For teachers who begin the application process after July 1, 2007 and who teach in schools which have an absolute rating of below average or unsatisfactory, schools where the average teacher turnover rate for the past three years is twenty percent or higher, or schools that meet the poverty index criteria at the seventy percent level or higher shall be eligible for full forgiveness of all assessment fees upon submission of all required materials for certification, regardless of whether certification is obtained.
     Notwithstanding any other provision of law, teachers will continue to be eligible for the salary supplement even after they have transferred to a position in administration if they serve in a school with an absolute rating of Below Average or Unsatisfactory, a school where the average teacher turnover rate for the past three years is twenty percent or higher, or a school that meets the poverty index criteria at seventy percent or higher.
     1.52.      (SDE: National Board Certification Incentive Surplus)  National Board Certification Incentive appropriation excess of all obligations to include the national board certification incentive salary supplement, related fringe, loan principal amount and interest forgiven, and the administration funds necessary for the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) and the Department of Education shall be distributed to school districts and allocated based on the Education Finance Act Formula.
     1.53.      (SDE: School District Furlough)   If state funds appropriated for a school district in this State are less than state funds appropriated for that school district in the preceding fiscal year, or if the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, school districts may institute employee furlough programs for district-level and school-level professional staff classified as instructional-related personnel by the State Department of Education.  No instructional personnel nor support staff as classified by the State Department of Education may be furloughed.  Before any of these employees may be furloughed, the chairman of the governing body of the school district must certify that all fund flexibility provided by the General Assembly has been utilized by the district and that the furlough is necessary to avoid a year-end deficit and a reduction in force.  The certification must include a detailed report by the superintendent of the specific action taken by the district to avoid a year-end deficit.  The certification and report must be in writing and delivered to the State Superintendent of Education and a copy must be forwarded to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
     The local school district board of trustees may implement a furlough of these instructional-related professional staff personnel once certification to the State Superintendent documents all funding flexibility has been exhausted and continued year-end deficits exist.  Local school boards of trustees shall have the authority to authorize furloughs of these employees in the manner in which it sees fit.  However, they may not be furloughed for a period exceeding ten days.  The local school district board of trustees shall provide for furlough days only on non-instructional days.
     During any furlough, affected employees shall be entitled to participate in the same benefits as otherwise available to them except for receiving their salaries.  As to those benefits that require employer and employee contributions, including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program, the district will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  Placement of an employee on furlough under this provision does not constitute a grievance or appeal under any employee grievance procedure.  The district may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.
     This proviso shall not abrogate the terms of any contract between any school district and its employees.
     1.54.      (SDE: Base Student Cost Funding)  Notwithstanding any other provision of law, the funding for particular items and areas in the Department of Education's base budget that have been reduced or eliminated and provisos that directed funding for specific items that have been deleted, shall be redirected to the Base Student Cost.
     1.55.      (SDE: School Lunch/Attendance Supervisors)  For those counties in which an entity other than the school district administers the school lunch supervisor and/or attendance supervisor programs, the school districts in that county shall transfer to the entity the amount available in the previous fiscal year for administration of the school lunch supervisor and/or attendance supervisor programs.  Each district shall transfer a pro-rata share of the total cost based upon the percentage of state EFA funds distributed to the districts within the county.
     1.56.      (SDE: Replacement Facilities)  The Department of Education is directed to proceed with the development of a joint-use school transportation maintenance and operations facility in Greenville County.  Prior to the availability of this new facility the department shall continue to operate state school bus maintenance services from the existing Greenville School Bus Maintenance Facility located on Halton Road.  All proceeds from the sale of the Halton Road Facility and Property shall become pupil transportation operating revenue of the department.  The cost of the State share of the new joint-use facility, the cost of preparing the old Halton Road Facility and Property for disposal, interim relocation/construction financing, all associated relocation expenses, and all other related costs shall be funded from the proceeds received from the sale of the existing Halton Road Facility and Property.  The State Treasurer shall make available all necessary interim financing to accomplish the proviso directives.
     1.57.      (SDE: SCGSAH Certified Teacher Designation)  Because of the unique nature of the South Carolina Governor's School for the Arts and Humanities, the Charleston School of the Arts, and the Greenville County Fine Arts Center, the schools are authorized to employ at its discretion non-certified classroom teachers teaching in the literary, visual and performing arts subject areas who are otherwise considered to be appropriately qualified in a ratio of up to one hundred percent of the entire teacher staff.
     1.58.      (SDE: Educational Items)  In order that resources more closely follow the student, it is the intent to offer spending flexibility to local school districts as has been provided in the prior fiscal year.
     1.59.      (SDE: No Discrimination Requirement)  State funds must not be appropriated to a school that discriminates against or participates with or is a member of an association with policies that discriminate or afford different treatment of students based on race or national origin.
     1.60.      (SDE: Prohibit Implementation of ECERS Program)  The Department of Education is prohibited from utilizing any appropriated or authorized funds to implement the Early Childhood Environment Rating Scores Program.  This prohibition does not apply to the Office of First Steps.
     In addition, school districts are prohibited from using revenue from any source, including state, federal, and local funds, to implement the Early Childhood Environment Rating Scores Program.
     1.61.      (SDE: High School Reading Initiative)  The funds appropriated for the High School Reading Initiative are to be used to expand the South Carolina Reading Initiative to the high school level by providing research based targeted assistance in improving and accelerating the reading ability of high school students reading below grade level.
     1.62.      (SDE: Carry Forward Authority)  Funds appropriated to the Department of Education, excluding any direct aid to school districts, subdivisions, and other entities; or agencies and special items, not expended during the prior fiscal year may be carried forward and expended during the current fiscal year for fuel.
     1.63.      (SDE: Medicaid Cash Match Accounting)  The department is granted authority to transfer funds between budget lines and object codes to identify, reconcile, reimburse, and remit funds required for Medicaid cash match to the Department of Health and Human Services.
     1.64.      (SDE: Student Report Card-GPA)  For each high school student, school districts shall be required to print the student's individual cumulative grade point average for grades nine through twelve on the student's report card.
     1.65.      (SDE: Governor's School Reporting)  The Governor's School for the Arts and Humanities and the Governor's School for Science and Mathematics are required to submit reports as to how the non-recurring funding appropriated in this act is expended.  The report must be submitted to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee by the end of the fiscal year.
     1.66.      (SDE: Child Development Education Pilot Program)  There is created the South Carolina Child Development Education Pilot Program.  This program shall be available for the 2006-2007 and 2007-2008 school year on a voluntary basis and shall focus on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting education.
     (A)      Beginning with the 2006-07 school year and continuing through For the 2007-2008 school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible children from the following eight trial districts in Abbeville County School District et. al. vs. South Carolina:  Allendale, Dillon 2, Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3.  With any remaining funds available, the pilot shall be expanded to the remaining plaintiff school districts in Abbeville County School District et. al. vs. South Carolina.  Priority shall be given to implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 school year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children.  While participating in the pilot program, Education Improvement Act funding from the four-year-old early childhood program as authorized pursuant to Section 59-139-70 of the 1976 Code may only be used to fund teacher salary supplements and fringe benefits as required by Section 59-20-50.  During the implementation of the pilot program, no funds appropriated by the General Assembly for this purpose shall be used to fund services to at-risk four-year-old children residing outside of the trial or plaintiff districts.
     The Education Oversight Committee shall conduct an evaluation of the pilot program and shall issue a report to the General Assembly by January 1, 2008.  The report shall include a comparative evaluation of children served in the pilot program and children not served in the pilot program.  Additionally, based on the evaluation of the pilot program, the Education Oversight Committee shall include recommendations for the creation of and an implementation plan for phasing in the delivery of services to all at-risk four-year-old children in the state.
     Unexpended funds from the prior fiscal year for this program shall be carried forward and used by the First Steps to Readiness Board of Trustees to provide services to children zero to three years of age in the districts outlined in section (A) shall remain in the program.  In rare instances, students with documented kindergarten readiness barriers may be permitted to enroll for a second year, or at age five, at the discretion of the Department of Education for students being served by a public provider or at the discretion of the Office of South Carolina First Steps to School Readiness for students being served by a private provider.
     (B)      Each child residing in the pilot districts, who will have attained the age of four years on or before September 1, of the school year, and meets the at-risk criteria is eligible for enrollment in the South Carolina Child Development Education Pilot Program for one year.
     The parent of each eligible child may enroll the child in one of the following programs:
           (1)      a school-year four-year-old kindergarten program delivered by an approved public provider; or
           (2)      a school-year four-year-old kindergarten program delivered by an approved private provider.
     The parent enrolling a child must complete and submit an application to the approved provider of choice.  The application must be submitted on forms and must be accompanied by a copy of the child's birth certificate, immunization documentation, and an appropriate free and reduced lunch application form documentation of the student's eligibility as evidenced by family income documentation showing an annual family income of 185% or less of the federal poverty guidelines as promulgated annually by the U.S. Department of Health and Human Services or a statement of Medicaid eligibility.
     In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school year.  This shall consist The attendance policy must state that the program consists of 6.5 hours of instructional time daily and operates for a period of not less than 180 days per year.  Pursuant to program guidelines, noncompliance with attendance policies may result in removal from the program.
     No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this provision.  Nothing in this provision prohibits charging fees for childcare that may be provided outside the times of the instructional day provided in these programs.
     (C)      Public school providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Department of Education.  Private providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Office of First Steps.  The application must be submitted on the forms prescribed, contain assurances that the provider meets all program criteria set forth in this provision, and will comply with all reporting and assessment requirements.
     Providers shall:
           (1)      comply 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)      comply with all state and local health and safety laws and codes;
           (3)      comply with all state laws that apply regarding criminal background checks for employees and exclude from employment any individual not permitted by state law to work with children;
           (4)      be accountable for meeting the education needs of the child and report regularly at least quarterly to the parent/guardian on his progress;
           (5)      comply with all program, reporting, and assessment criteria required of providers;
           (6)      maintain individual student records for each child enrolled in the program to include, but not be limited to, assessment data, health data, records of teacher observations, and records of parent or guardian and teacher conferences;
           (7)      designate whether extended day services will be offered to the parents/guardians of children participating in the program; and
           (8)      be approved, registered, or licensed by the Department of Social Services.; and
           (9)      comply with all state and federal laws and requirements specific to program providers.
     Providers may limit student enrollment based upon space available.  However if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness assessment.  Private providers shall not be required to expand their programs to accommodate all children desiring enrollment.  However, providers are encouraged to keep a waiting list for students they are unable to serve because of space limitations.
     (D)      The Department of Education and the Office of First Steps to School Readiness, in consultation with the Education Oversight Committee shall:
           (1)      develop the provider application form;
           (2)      develop the child enrollment application form;
           (3)      develop a list of approved research-based preschool curricula for use in the program based upon the South Carolina Content Standards, provide training and technical assistance to support its effective use in approved classrooms serving children;
           (4)      develop a list of approve pre-kindergarten readiness assessments to be used in conjunction with the program, provide assessments and technical assistance to support assessment administration in approved classrooms serving children;
           (5)      establish criteria for awarding new classroom equipping grants;
           (6)      establish criteria for the parenting education program providers must offer; and
           (7)      establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications. ;
           (8)      develop a list of data collection needs to be used in implementation and evaluation of the program;
           (9)      identify teacher preparation program options and assist lead teachers in meeting teacher program requirements;
           (10)      establish criteria for granting student retention waivers; and
           (11)      establish criteria for granting classroom size requirements waivers.
     (E)      Providers of the South Carolina Child Development Education Pilot Program shall offer a complete educational program in accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success.  The program must focus on the developmental and learning support children must have in order to be ready for school.  The provider must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent involvement in the learning process with an emphasis on interactive literacy.
     Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:
           (1)      employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this requirement from the Department of Education or the Office of First Steps to School Readiness;
           (2)      employ an education assistant with pre-service or in-service training in early childhood education;
           (3)      maintain classrooms with at least 10 four-year-old children, but no more than 20 four-year-old children with an adult to child ratio of 1:10.  With classrooms having a minimum of 10 children, the 1:10 ratio must be a lead teacher to child ratio.  Waivers of the minimum class size requirement may be granted by the South Carolina Department of Education for public providers or by the Office of First Steps to School Readiness for private providers on a case-by-case basis;
           (4)      offer a full day, center-based program with 6.5 hours of instruction daily for 180 school days;
           (5)      provide an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social/emotional development;
           (6)      engage parents' participation in their child's educational experience that shall include a minimum of two documented conferences per year; and
           (7)      adhere to professional development requirements outlined in this article.
     (F)      Every classroom providing services to four-year-old children established pursuant to this provision must have a lead teacher with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress toward the completion of a teacher education program within four years.  Every classroom must also have at least one education assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of experience working with children under five years old.  The teaching assistant shall have completed the Early Childhood Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire.
     (G)      The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten instructors and the educational outcomes of students.  To improve these education outcomes, participating providers shall require all personnel providing instruction and classroom support to students participating in the South Carolina Child Development Education Pilot Program to participate annually in a minimum of 15 hours of professional development to include teaching children from poverty.  Professional development should provide instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development.
     (H)      Both public and private providers shall be eligible for transportation funds for the transportation of children to and from school.  Nothing within this provision prohibits providers from contracting with another entity to provide transportation services provided the entities adhere to the requirements of Section 56-5-195.  Providers shall not be responsible for transporting students attending programs outside the district lines.  Parents choosing program providers located outside of their resident district shall be responsible for transportation.  When transporting four-year-old child development students, providers shall make every effort to transport them with students of similar ages attending the same school.  Of the amount appropriated for the program, not more than $185 per student shall be retained by the Department of Education for the purposes of transporting four-year-old students.  This amount must be increased annually by the same projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.
     (I)      For all private providers approved to offer services pursuant to this provision, the Office of First Steps to School Readiness shall:
           (1)      serve as the fiscal agent;
           (2)      verify student enrollment eligibility in consultation with the Department of Social Services;
           (3)      recruit, review, and approve eligible providers.  In considering approval of providers, consideration must be given to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
           (4)      coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
           (5)      serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
           (6)      receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
           (7)      coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
           (8)      maintain a database of the children enrolled in the program; and
           (9)      promulgate guidelines as necessary for the implementation of the pilot program.
     (J)      For all public school providers approved to offer services pursuant to this provision, the Department of Education shall:
           (1)      serve as the fiscal agent;
           (2)      verify student enrollment eligibility in consultation with the Department of Social Services;
           (3)      recruit, review, and approve eligible providers.  In considering approval of providers, consideration must be given t the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
           (4)      coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
           (5)      serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
           (6)      receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
           (7)      coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
           (8)      maintain a database of the children enrolled in the program; and
           (9)      promulgate guidelines as necessary for the implementation of the pilot program.
     (K)      The General Assembly shall provide funding for the South Carolina Child Development Education Pilot Program.  For the 2006-07 2007-08 school year, the funded cost per child shall be $3,077 $3,931 increased annually by the rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.  Eligible students enrolling with private providers during the school year shall be funded on a pro-rata basis determined by the length of their enrollment.  Additionally, a reimbursement rate of $185 per child will be appropriated to providers if the provider transports children to and from school.  Private providers transporting eligible children to and from school shall be eligible for a reimbursement of $550 per eligible child transported.  Providers who are reimbursed are required to retain records as required by their fiscal agent.  For the 2007-08 school year the funded cost per child shall be the same but shall be increased by the same projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.
     With funds appropriated by the General Assembly, the Department of Education shall approve grants for public providers and the Office of First Steps to School Readiness shall approve grants for private providers, of up to $10,000 per class for the equipping of new classrooms.  Funding of up to two thousand five hundred dollars may be provided annually for the procurement of consumable and other materials in established classrooms.
     (L)      Pursuant to this provision, the Department of Social Services shall:
           (1)      aid the Department of Education and the Office of First Steps to School Readiness in the verification of student enrollment eligibility;
           (21)      maintain a list of all approved public and private providers; and
           (32)      provide the Department of Education, the Office of First Steps, and the Education Oversight Committee information necessary to carry out the requirements of this provision.
     (M)      The Education Oversight Committee shall conduct a comparative evaluation of the South Carolina Child Development Education Pilot Program and issue their findings in a report to the General Assembly by January 1, 2008.  Based on information, data, and evaluation results, the Education Oversight Committee shall include as part of their report recommendations for the creation and implementation of a statewide four-year-old kindergarten program for at-risk children.  The report shall also include information and recommendations on lead teacher qualifications and options for creating comparable salary schedules for certified teachers employed by private providers.  In the current fiscal year, the Education Oversight Committee shall use funds appropriated by the General Assembly for four-year-old evaluation to support the annual collection of and continuous evaluation of data.
     The report shall also include an assessment, by county, on the availability and use of existing public and private classroom capacity approved for at-risk four-year-old kindergarten students.  The report shall include, by county, the estimated four-year-old population, the total number of CDEPP approved four-year-old kindergarten spaces available, the number of four-year-old children enrolled in both public and private CDEPP approved facilities, and the number of children on waiting lists for either public or private providers during the reporting period.  Where possible, the report shall also include anticipated four-year-old kindergarten enrollment projections for the two years following the report.
     To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program.  This data shall include developmentally appropriate measures of student progress.  Additionally, the Department of Education shall issue a unique student identifier for each child receiving services from a private provider.  The Department of Education shall be responsible for the collection and maintenance of data on the public state funded full day and half-day four-year-old kindergarten programs.  The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state funded programs provided through private providers.  The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program's implementation and assessment of student success in the early elementary grades.
     1.67.      (SDE: Lost & Damaged Textbook Fees)  Fees for lost and damaged textbooks for the prior school year are due no later than December 1 of the current school year when invoiced by the Department of Education.  The department may withhold textbook funding from schools that have not paid their fees by the payment deadline.
     1.68.      (SDE: Service Vehicle Purchase)  No more than $1,500,000 of non-program funds appropriated/authorized, to include EIA cash balances, to the Department of Education may be used for the purchase of school transportation service vehicles.
     1.69.      (SDE: 0 to 4 Year Old Standards)  The First Steps State Office must convene a task force to develop quality standards for programs serving children ages 0 to 4.  Membership must include both public and private providers and is to be chaired by the Director of the First Steps State Office.  A report must be issued to members of the General Assembly and the Governor's Office by January 9, 2007.
     1.70.      (SDE: Physical Education Teachers)  A school district's allocation from the funds appropriated in Part IA, Section 1, Program III are to be used to increase the number of physical education teachers to the extent possible.
     1.71.      (SDE: Athletic Event Transportation)  For school year 2006-2007, of the funds appropriated to the Department of Education, $1,000 shall be utilized to ensure that it is the policy of the State of South Carolina that the South Carolina High School League may not impose a waiting period on an entering ninth grade Daniel Island resident Bishop England High School student, if the student is otherwise eligible.
     1.72.      (SDE: Education and Economic Development Act Carry Forward)  Funds provided for the Education and Economic Development Act may be carried forward into the current fiscal year to be expended for the same purposes by the department, school districts, and special schools.
     1.73.      (SDE: High Schools That Work Carry Forward)  Funds provided for High Schools That Work may be carried forward into the current fiscal year to be expended for the same purposes by the department, school districts, and special schools.
     1.74.      (SDE: Middle School Certification Review)  For the purpose of teacher contracts negotiated for the ensuing school year, all dates listed in State Board Regulation 43-62(K)(3) shall be extended by one year.  The State Board of Education and the Department of Education shall collaborate with school district administrators to review the certification requirements and submit regulation amendments to the General Assembly by January 8, 2008.
     1.75.      (SDE: Career Cluster Industry Partnerships)  From the funds appropriated to the Department of Education, $800,000 must be provided as grants to the private sector statewide trade association or educational foundation providing nationally certified programs in career and technology education representing the automotive, construction, engineering, healthcare, mechanical contracting/construction, and hospitality tourism career clusters.  Organizations applying for a grant must do so by July 1 and the Department of Education must award a minimum of one grant of at least $150,000 in at least four of these specified career clusters to be used exclusively for career and technology education.  The recipient industry organization must conduct end-of-course exams graded by a national industry organization and must include in their grant request how the money will be spent to further industry-specific career technology education; a description and history of their program nationally and within South Carolina; estimates of future employment growth in their industry; and the national scope of their program.  By August 1 of the following year, the organization must submit to the department a report detailing how the grant increased industry/employer awareness; the number of increased schools using the industry-based curriculum and partnered with the industry organization; the increased number of students in the program; and an overview and analysis of the organization's statewide student competition.  The grant must be used for career awareness programs for that industry cluster; statewide student competitions leading to national competitions; teacher development and training; post-secondary scholarships in industry-specific degree programs; student recruitment into that career cluster programs; programs to educate middle and high school Career or Guidance Counselors about the industry; service to disadvantaged youth; and administering business/employer awareness and partnerships which help lead to experience-based, career-oriented experiences including internships, apprenticeships, mentoring, co-op education and service learning.  The Office of Career and Technology Education of the department will develop goals with each career cluster on the number of new schools using the industry-based curriculum and partnered with that career cluster organization.  These funds may not be used to supplant existing funds currently being used for these purposes.  Organizations may carry-over grants for up to three years when a large project is identified in the grant application to be used at a future date; otherwise excess funds must be returned to the state.
     1.76.      (SDE: Education Finance Act Reserve Fund)  There is created in the State Treasury a fund separate and distinct from the General Fund of the State and all other funds entitled the Education Finance Act Reserve Fund.  All unexpended general funds appropriated to the Department of Education for the Education Finance Act in the current fiscal year shall be transferred to the Education Finance Act Reserve Fund.  In the event that the amount appropriated for the Education Finance Act is insufficient to fully fund the base student cost as established by this act, revenues from the Education Finance Act Reserve Fund may be used to supplement the funds appropriated.  The General Assembly may make direct appropriations to this fund.  All unexpended funds in the Education Finance Act Reserve Fund and any interest accrued by the fund must remain in the fund and may be carried forward into the current fiscal year.
     1.77.      (SDE: Formative Reading Assessment)  Beginning with the 2007-08 school year, for grades one and two, schools will use a State Board approved developmentally appropriate formative reading assessment.  However, districts that are currently using other formative reading assessments because of the districts' participation in grant programs may use those assessments in the schools within their districts in lieu of using the State Board approved assessment.  By August 1, 2007, those districts shall be required to inform the Office of Assessment what equivalent assessment for grades one and two will be used.  To the extent that funds are available, the Department of Education may provide funds for districts to offset the assessment costs for non-grant schools within those districts.
     1.78.      (SDE: Middle College Programs)  In the 2007-08 school year, school districts with students enrolled in a high school of the State and who are participating in a middle college designed program with instruction offered at a State technical college, shall develop a Memorandum of Agreement for the transfer of revenue to support the high school student's instruction at the technical campus.  Absent of any Memorandum of Agreement, school districts shall transfer to the technical college the sum of ninety percent of the total EFA base student cost for the EFA high school classification and ninety percent of that student's share of any local funds, with the total being multiplied by the percentage of instructional time, as calculated by school instructional period, that the student attends the technical college.
     1.79.      (SDE: Child Development Education Pilot Program-4 Year Olds)  Of the funds carried forward from the prior fiscal year from the South Carolina Child Development Education Pilot Program for services to zero to three year olds by the Office of First Steps, two-thirds of this amount shall be redirected for use by the State Department of Education for services to four year olds participating in the Child Development Education Pilot Program during the current fiscal year.  At the discretion of the First Steps Board of Trustees, funds carried forward by the Office of First Steps may be also be used to match philanthropic gifts targeting low income 0-3 year olds statewide.
     1.80.      (SDE: Physical Education Assessment Program)  For Fiscal Year 2007-2008 the South Carolina Physical Education Assessment program is suspended.  The Department of Education is directed to collect input from physical education teachers throughout the state and submit a report outlining proposed changes to the program based on the data collected and nationally published research on the assessment of physical education programs by January 1, 2008.
     1.81.      (SDE: GSAH Human Resources Annual Report)  The Governor's School for the Arts and the Humanities shall provide to the Senate Finance Committee, the House Ways and Means Committee, the Budget and Control Board Office of Human Resources, and the Commission on Human Affairs an annual report detailing the school's human resource statistics for both filled and vacant positions.  The report shall include specifics as to advertising, applicants, and selections as well as the composition of the selection team.  In addition, an annual report of recruiting activities that address the school's Access Plan shall be required.  A comprehensive enrollment report must be furnished annually.

SECTION 1A - H63 - DEPARTMENT OF EDUCATION-EIA

     1A.1.      (SDE-EIA: XI-Prohibition on Appropriation Transfers)  The amounts appropriated herein for aid to subdivisions or allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the appropriation.  However, transfers are authorized from allocations to school districts or special line items with projected year-end excess appropriations above requirements, to allocations to school districts or special line items with projected deficits in appropriations.
     1A.2.      (SDE-EIA: XI.A.1-Advanced Placement)  Of the funds appropriated in Part IA, Section 1, XI.A.1. for Advanced Placement, no more than $500,000 must be made available on a flat rate per class basis to schools offering "singleton" Advanced Placement classes with a student/teacher ratio equal to or less than ten to one.  The State Board of Education shall develop guidelines for the distribution of these "singleton" funds.  The remaining AP funds must be distributed to the school districts of the state based upon the 135 day count of AP students served.  AP funds may be used to defray the testing costs of the International Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate provided for Advanced Placement examinations.  High schools may receive funding for the allowable costs associated with ninth and tenth grade students taking Advanced Placement courses.  Funds provided for Advanced Placement may be carried forward into the current fiscal year to be expended for the same purpose.
     1A.3.      (SDE-EIA: XI.A-Gifted & Talented)  Notwithstanding the provisions for Section 59-29-170, at least twelve percent (12%) of the total state dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically gifted and talented students in grades 3-12.  School districts shall service students identified as artistically gifted and talented by utilizing approved state guidelines in one or more of the following visual and performing arts areas: dance, drama, music and visual arts areas.  Districts may contract with other entities to provide services to students identified as artistically gifted and talented if personnel or facilities are not available in the school district for that service.  Of the remaining state dollars appropriated for gifted and talented programs, not more than $1,000,000 may be used to provide testing and teacher training.  Each district receiving funds for the gifted and talented program shall include an accelerated component as a part of its academically gifted and talented program.  EIA-Gifted and Talented funds may be carried forward and expended for the same purpose in the current fiscal year.
     1A.4.      (SDE-EIA: XI.A.1-Gifted & Talented/Jr. Academy of Science)  Of the funds appropriated in Part IA, Section 1, XI.A.1. Gifted & Talented, $100,000 must be provided to the Junior Academy of Science.  The Department of Education must provide a report on the effectiveness of the academy to the State Board of Education and the Education Oversight Committee by October 1 annually in a format agreed upon by the Education Oversight Committee and the Department of Education.
     1A.5.      (SDE-EIA: XI.A.1 Services for Students with Disabilities)  The money appropriated in Part IA, Section 1, XI.A.1. for Services for Students with Disabilities shall be used only for educational services for trainable mentally disabled pupils and profoundly mentally disabled pupils.
     1A.6.      (SDE-EIA: XI.A.1-Junior Scholars)  The State Board of Education, through the Department of Education, must provide a report on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 1, XI.A.1. to the Education Oversight Committee by October 1.  Eligibility for the Junior Scholars program is open to any student who meets the requirements of the program, whether the student attends public school or private school; provided however, any private school student is responsible for paying the cost of the qualifying examination and, at the option of the Department of Education, any other costs associated with the program.
     1A.7.      (SDE-EIA: XI.A.4-Academic Assistance/Carry Forward)  Any unexpended balance from the prior fiscal year in the EIA appropriations in Part IA, Section 1, XI.A.4. for Academic Assistance may be carried forward to the current fiscal year by school districts to be expended to operate programs in accordance with their academic assistance long range plans.
     1A.8.      (SDE-EIA: XI.A.4-Academic Assistance/Curriculum Development)  Funds appropriated in Part IA, Section 1, XI.A.4. for Act 135 of 1993 Other Operating must be used by the Department of Education to provide schools and school districts with technical assistance on curriculum development, including implementing the grade-by-grade academic standards, and instructional improvement in keeping with the intent of Act 135 of 1993 (Sections 59-139-05 and 59-139-10 of the SC Code of Laws) as provided in regulations promulgated by the State Board of Education.  Reports on the use of these funds will be provided to the Senate Education Committee and the House Education and Public Works Committee by September 1, of the current fiscal year, reflecting prior fiscal year expenditures.
     1A.9.      (SDE-EIA: XI.A.4-Academic Assistance/Early Child Development)  A portion of the funds appropriated in Part IA, Section 1, XI.A.4. for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if such change promotes better coordination of state and federal funds provided for programs for these students.  Districts requesting this waiver from the State Board of Education must demonstrate how the use of these funds is in keeping with their long range plan and how the needs of the students in grades 4-12 will be met.
     1A.10.      (SDE-EIA: XI.A.4-Academic Assistance/Formula Funding & Distribution)  Notwithstanding any other provision of law, the total funding in Part IA, Section 1, XI.A.4. for the 4-12 Academic Assistance component of Act 135 of 1993 shall be based on a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of K-3 students eligible for free and reduced lunch to the 4-12 average daily membership; and funding for individual districts shall be based on two equally weighted factors; the district's derived lunch percentage for grades 4-12 and its four year average for the number of 4-12 students "not meeting" standard on the state's testing programs for the years 1990-1993.
     1A.11.      (SDE-EIA: XI.A-Academic Assistance/Reading Recovery)  Of the EIA funds appropriated herein for the Academic Assistance Act 135, $3,200,000 shall be used for the Reading Recovery programs throughout the State.  Of the funds provided for Reading Recovery, up to $50,000 shall be used for piloting alternative teaching methods for reading.  The State Department of Education shall report to the State Board of Education and the Education Oversight Committee on the allocation and expenditure of these funds by October 1 annually in a format agreed upon by the Education Oversight Committee and the Department of Education.
     1A.12.      (SDE-EIA: XI.A.4-Academic Assistance/Remedial Adult Education)  Of funds appropriated in Part IA, Section 1, XI.A.4. for Academic Assistance an amount not to exceed $1,000,000 must be used for either adult education students failing one or more sections of the HSAP Exit Examination or students preparing for the GED examination at a weight of .114 of the base student cost as defined in the Education Finance Act.
     1A.13.      (SDE-EIA: XI.B - Half Day Program for Four-Year-Olds)  Funds appropriated in Part IA, Section 1, XI.B. for half-day programs for four-year-olds shall be distributed based on the prior year number of students in kindergarten eligible for free and reduce price lunch, however, no district shall receive less than 90 percent of the amount it received in the prior fiscal year.
     1A.14.      (SDE-EIA: XI.A.3. African-American History)  Funds provided for the development of the African-American History curricula may be carried forward into the current fiscal year to be expended for the same purpose.
     1A.15.      (SDE-EIA: XI.C.3-Course Reimbursement/Teachers)  Funds appropriated for EIA-Critical Teacher needs must be used for courses which support instructional techniques and strategies in keeping with the professional development plans.  These funds may be used for courses which support the education of students with disabilities or special needs in the regular classroom.  School districts may require and collect a deposit from teachers enrolling in courses that support the areas identified above.  Upon completion of the course any deposit collected shall be returned to the teacher having made the deposit.
     1A.16.      (SDE-EIA: XI.C.3-Critical Teaching Needs/Roper Mountain)  Of the funds appropriated in Part IA, Section 1, XI.C.3. for Critical Teaching Needs, $250,000 shall be disbursed to the Roper Mountain Science Center for summer workshops for public school science teachers.  Funds disbursed to the Roper Mountain Science Center may be carried forward.
     1A.17.      (SDE-EIA: XI.C.2-Teacher Evaluations, XI.E.3- Implementation/Education Oversight)  The Department of Education shall provide a review of the evaluation results for teachers employed under induction, annual, and continuing contracts to be presented by September 30, annually, to the State Board of Education and the Education Oversight Committee.  The Department of Education is directed to oversee the evaluation of teachers at the School for the Deaf and the Blind, the John de la Howe School and the Department of Juvenile Justice under the ADEPT model.
     1A.18.      (SDE-EIA: XI.C.3.-Teacher Salaries/SE Average)  The projected Southeastern average teacher salary shall be the average of the average teachers salaries of the southeastern states as projected by the Division of Budget and Analyses.  For the current school year the Southeastern average teacher salary is projected to be $43,691 $45,179.  It is the intent of the General Assembly to exceed the Southeastern average teacher salary as projected by $300.  The General Assembly remains desirous of raising the average teacher salary in South Carolina through incremental increases over the next few years so as to make such equivalent to the national average teacher salary.
     Funds appropriated in Part IA, Section 1, XI.C.3. for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant to Section 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the state.
     1A.19.      (SDE-EIA: XI.C.3-Teacher Salaries/State Agencies)  Each state agency which does not contain a school district but has instructional personnel shall receive an allocation from the line item "Alloc. EIA - Teacher/Other Pay" in Part IA, Section 1, XI.F.3. for teachers salaries based on the following formula:  Each state agency shall receive such funds as are necessary to adjust the pay of all instructional personnel to the appropriate salary provided by the salary schedules of the school district in which the agency is located.  Instructional personnel may include all positions which would be eligible for EIA supplements in a public school district, and may at the discretion of the state agency, be defined to cover curriculum development specialists, educational testing psychologists, psychological and guidance counselors, and principals.  The twelve-month agricultural teachers located at Clemson University are to be included in this allocation of funds for base salary increases.  The South Carolina Governor's School for the Arts and Humanities and the South Carolina Governor's School for Science and Mathematics are authorized to increase the salaries of instructional personnel by an amount equal to the percentage increase given by the School District in which they are both located.
     The funds appropriated herein in the line item "Alloc. EIA-Teacher/Other Pay" must be distributed to the agencies by the Budget and Control Board.
     1A.20.      (SDE-EIA: XI.A.1-Tech Prep Work-Based Learning)  Of the funds appropriated in Part IA, Section 1, XI.A.1. for the Tech Prep Work-based Learning Program, $75,000 shall be used by the State Department of Education, through the Tech Prep Consortia Regional Education Centers mandated by the Education and Economic Development Act, to provide for professional development in applied techniques and integration of curriculum, and professional development in career guidance for teachers and guidance counselors and training mentors.  In addition, $500,000 shall be allocated for Career Counseling Specialists in the Tech Prep Consortia Regional Education Centers.  Each Career Specialist shall (1) be housed within a consortium as determined by the local Tech Prep/School to Work Consortium the regional centers geographic area, (2) provide career development activities throughout all schools within the consortium region, (3) be under the program supervision of the Office of Career and Technology Education, State Department of Education, and (4) adhere to an accountability and evaluation plan created by the Office of Career and Technology Education, State Department of Education.  The Office of Career and Technology Education, State Department of Education, shall provide a report, in February of the current fiscal year to the Senate Finance Committee and the House Ways and Means Committee on accomplishments of the Career Counseling Specialists.  Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes.
     1A.21.      (SDE-EIA: XI.E.1-Principal Salary Supplements)  Funds appropriated in Part IA, Section 1, XI.E.1. for salary supplements for principals and accompanying employer contributions must be distributed to school districts based on average daily membership (ADM).  Each school district shall distribute the funds as salary supplements in addition to existing compensation equally among principals and assistant principals employed by the district.
     1A.22.      (SDE-EIA: XI.E.3.-Evaluation/EIA Programs)  Of the funds appropriated in Part IA, Section 1, XI.E.3. for EIA Implementation, Other Operating Expenses, $349,124 may only be used by the State Department of Education to support its contracted program evaluations and the conduct of the State Board of Education's annual assessment of EIA-funded education reforms and the related report, pursuant to Section 59-6-12.  Of the remaining funds appropriated in Part IA, Section 1, XI.E.3. for EIA Implementation, Other Operating Expenses shall be used to support the continuation of program and policy evaluations and studies and to support the state's participation in the Middle Grades Project, at no less than $100,000.  Provided further, for the current fiscal year, $100,000 shall be provided to the South Carolina Educational Policy Center for collaborative projects with the Department of Education and the Education Oversight Committee to provide research based information and consultation services on technical issues related to establishing a more thorough accountability system for public schools, school districts, and the K-12 education system.
     1A.23.      (SDE-EIA: XI.F.3-CHE/Teacher Recruitment)  Of the funds appropriated in Part IA, Section 1, X1.F.3. for the Teacher Recruitment Program, the S.C. Commission on Higher Education shall distribute a total of $5,404,014 to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) for a state teacher recruitment program, of which $4,200,000 must be used for the Teaching Fellows Program and of which $166,302 must be used for specific programs to recruit minority teachers, and shall distribute $467,000 to S.C. State University to be used only for the operation of a minority teacher recruitment program and therefore shall not be used for the operation of their established general education programs.  Working with districts with an absolute rating of Unsatisfactory or Below Average, CERRA will provide shared initiatives to recruit and retain teachers to schools in these districts.  CERRA will report annually by October 1 to the Education Oversight Committee and the Department of Education on the success of the recruitment and retention efforts in these schools.  The S.C. Commission on Higher Education shall ensure that all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of efforts among the three teacher recruitment projects, shall review the use of funds and shall have prior program and budget approval.  The S.C. State University program, in consultation with the Commission on Higher Education, shall extend beyond the geographic area it currently serves.  Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the teacher recruitment projects and shall report its findings and its program and budget recommendations to the House and Senate Education Committees, the State Board of Education and the Education Oversight Committee by October 1 annually, in a format agreed upon by the Education Oversight Committee and the Department of Education.
     1A.24.      (SDE-EIA: XI.F.3-Disbursements/Other Entities)  Notwithstanding the provisions of Sections 2-7-66 and 11-3-50, S.C. Code of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 1, XI.F.3. Other State Agencies and Entities shall be disbursed on a quarterly basis by the Department of Revenue directly to the state agencies and entities referenced except for the Teacher Loan Program, Centers of Excellence, the Education Oversight Committee and School Technology, which shall receive their full appropriation at the start of the fiscal year from available revenue.  The Comptroller General's Office is authorized to make necessary appropriation reductions in Part IA, Section 1, XI.F.3. to prevent duplicate appropriations.  If the Education Improvement Act appropriations in the agency and entity respective sections of the General Appropriations Act at the start of the fiscal year do not agree with the appropriations in Part IA, Section 1, XI.F.3. Other State Agencies and Entities, the "other funds" appropriations in the respective agency and entity sections of the General Appropriations Act will be adjusted by the Comptroller General's Office to conform to the appropriations in Part IA, Section 1, XI.F.3. Other State Agencies and Entities.
     1A.25.      (SDE-EIA: XI.A.1-Arts in Education)  Funds appropriated in Part IA, Section 1, XI.A.1. Arts Curricula shall be used to support arts education curriculum in the visual and performing arts which incorporates strengths from the Arts in Education pilot sites.  These funds shall be distributed under a competitive grants program; however, up to 33% of the total amount of the grant fund shall be made available as "Aid to Other Agencies" to facilitate the funding of professional development arts institutes that have been approved by the State Department of Education for S.C. arts teachers and appropriate classroom teachers.  Arts Curricular Grants funds may be retained and carried forward into the current fiscal year to be expended in accordance with the proposed award.
     1A.26.      (SDE-EIA: XI.B-Parenting/Family Literacy)  Funds appropriated in Part IA, Section 1, X1.B. for the Parenting/Family Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year may be retained and expended by the school districts for the same purpose during the current fiscal year.  These funds must be allocated only to school districts that provide comprehensive family literacy programs which address intergenerational cycles of poverty through adult education, early childhood education and parenting programs.  Furthermore, any school district that does not provide the evaluation information necessary to determine effective use as required by Section 59-139-10(A)(1) and by regulation is not eligible to receive additional funding until the requested data is provided.  The minimum amount allocated to a district shall be $35,000.  Of the funds appropriated in Part IA, Section 1, XI.B. for the Parenting/Family Literacy $200,000 must be used for the Accelerated Schools Project at the College of Charleston and $100,000 is to be used for the South Carolina Urban Leagues state-wide parental involvement programs.
     1A.27.      (SDE-EIA: XI.B.-Parenting/Family Literacy/Communities- In-Schools)  Notwithstanding any other provision of law, the State Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 1, X1.B. Parenting/Family Literacy to Communities-In-Schools.  These funds are to be utilized to provide technical assistance to local communities in establishing Communities-In-Schools programs statewide.  Communities-In-Schools will provide annual reports to the State Department of Education which will include: budget expenditure data, a listing of the communities served and the services provided.
     1A.28.      (SDE-EIA: XI.C.3-National Board Certification Incentive) Public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification.  Teachers employed at the special schools shall be eligible for this $7,500 salary supplement.  The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1.  The $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate.  However, the $7,500 supplement shall be adjusted on a pro rata basis for the teacher's FTE and paid to the teacher in accordance with the district's payroll procedure.  The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee.  One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board.  Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven.  Teachers who previously submitted a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act.  Of the funds appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the administration of the loan program.  In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification.  National board certified teachers moving to this State who hold a valid standard certificate from their sending state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing contract status.  Their recertification cycle will be consistent with national board certification.
     Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification.  Teacher specialists remain eligible for state supplement for National Board certification.
     For teachers who begin the application process after July 1, 2007 and who teach in schools which have an absolute rating of below average or unsatisfactory, schools where the average teacher turnover rate for the past three years is twenty percent or higher, or schools that meet the poverty index criteria at the seventy percent level or higher shall be eligible for full forgiveness of all assessment fees upon submission of all required materials for certification, regardless of whether certification is obtained.
     Notwithstanding any other provision of law, teachers will continue to be eligible for the salary supplement even after they have transferred to a position in administration if they serve in a school with an absolute rating of Below Average or Unsatisfactory, a school where the average teacher turnover rate for the past three years is twenty percent or higher, or a school that meets the poverty index criteria at seventy percent or higher.
     1A.29.      (SDE-EIA: XI.C.4-CSO Mathematics and Science Unit)  The funds appropriated in Part IA, Section 1, XI.C.4. shall be used for Mathematics and Science Centers which support improvements in mathematics and science through resources and professional development in instructional techniques and strategies, use of technology in the classroom, leadership, content in subject areas and assessment.  These efforts will be coordinated with programs such as Tech Prep Consortia using applied learning techniques which will improve classroom instruction in mathematics and science.
     1A.30.      (SDE: XI-Defined Program Personnel Requirements)  Administrative positions requiring State Board of Education teacher or administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another method) from the hiring school district.  Any public school district or special school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its EFA and or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity.  Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.  Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State Board of Education, as well as temporary positions for grant writing and testing are excluded from this requirement.
     1A.31.      (SDE-EIA: XI.A.1-Autism Parent-School Partnership Program)  From funds appropriated for Services For Students with Disabilities, $350,000 shall be provided to the South Carolina Autism Society for the Parent-School Partnership Program.
     1A.32.      (SDE-EIA: XI.C.4-Professional Development on Standards)  These funds shall be used for professional development for certificated instructional and instructional leadership personnel in grades kindergarten through 12 in the academic areas for which SBE standards documents have been approved to better link instruction and lesson plans to the standards and to any state-adopted readiness assessment tests, develop classroom assessments consistent with the standards and PACT-style testing, and analyze PACT results for needed modifications in instructional strategies.  No more than five percent of the funds appropriated for professional development may be retained by the Department of Education for administration of the program; however, with the funds allocated to districts for professional development, districts may choose to purchase professional development services provided by the Department of Education.  Funds may also be expended for certificated instructional and instructional leadership personnel in grades six through twelve to achieve competency in teaching reading to students who score below proficient on the reading assessment of PACT.  Provided further, that $250,000 of the funds allocated to professional development must be provided to the Department of Education to implement successfully the South Carolina Readiness Assessment by creating a validation process for teachers to ensure reliable administration of the assessment, providing professional development on effective utilization and establishing the relationship between the readiness measure and third grade standards-based assessments.  Multi-day work sessions shall be provided around the state during the summer and during the fall and winter using staff development days, teacher workdays, two of the remaining professional development days shall be set aside specifically for the preparation and opening of schools.  District instructional leaders, regional service centers, consortia, department personnel, university faculty, contracted providers, and the resources of ETV may be used as appropriate to implement this intensive professional development initiative.  Teachers participating in this professional development shall receive credit toward recertification according to State Board of Education guidelines.  Funds provided for professional development on standards may be carried forward into the current fiscal year to be expended for the same purpose.  No less than twenty-five percent of the funds allocated for professional development should be expended on the teaching of reading which includes teaching reading across content areas in grades three through eight.
     1A.33.      (SDE-EIA: XI.C.3-Teacher Supplies)  From the funds appropriated, all certified public school, certified special school classroom teachers, certified media specialists, and certified guidance counselors who are employed by a school district or a charter school as of November 30 of the current fiscal year, shall receive reimbursement of two hundred fifty dollars each school year to offset expenses incurred by them for teaching supplies and materials.  Funds shall be disbursed by the department to School districts by July 15 based on the last reconciled Professional Certified Staff (PCS) listing from the previous year.  Any deviation in the PCS and actual teacher count will be reconciled by December 31 or as soon as practicable thereafter.  School districts shall disburse these funds in a manner separate and distinct from their payroll check on the first day teachers, by contract, are required to be in attendance at school for the current contract year.  This reimbursement shall not be considered by the state as taxable income.  Special schools include the Governor's School for Science and Math, the Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice, and Palmetto Unified School District.  Funds distributed to school districts or allocated to schools must not supplant existing supply money paid to teachers from other sources.  If a school district requires receipts for tax purposes the receipts may not be required before December 31.  Districts that do not wish to require receipts may have teachers retain the receipts and certify for the district they have received the $250 for purchase of teaching supplies and/or materials and that they have purchased or will purchase supplies and/or materials during the fiscal year for the amount of $250.  Districts shall not have an audit exception related to non-retention of receipts in any instances where a similar instrument is utilized.  Any district requiring receipts must notify any teacher from whom receipts