S.C. Code Regs. § § 43-229

Current through Register Vol. 48, No. 11, November 22, 2024
Section 43-229 - Defined Program for the Palmetto Unified School District (PUSD)

Palmetto Unified School District No. 1 (PUSD) was established in 1981 by the South Carolina General Assembly, pursuant to S.C. Code Ann. § 24-25-10, to provide educational services to inmates through a statewide school district. PUSD as a sanctioned school district is also mandated to comply with the regulations of the State Board of Education (SBE) unless otherwise noted in this regulation.

I. District Organization

The PUSD shall provide a defined educational program that complies with standards prescribed for the Board of Trustees, district operations, secondary grades, and adult education, unless otherwise noted in this regulation.

A. Due to the uniqueness of the school population served by the PUSD (i.e., the large number of students over the public school age of 21 and age disparity within each institution), the operation of a dual program of secondary and adult education for the majority of the district's schools is necessary. The following classifications will be recognized as the organizational patterns for school operation within the district:

Secondary (Grades 9-12)

Adult Education (Level 1, Level 2, High School Equivalency Programs)

B. Students of public school age (17-21) are assigned under pupil classification system as set forth in the Education Finance Act (EFA) as either secondary students (grades 9-12), students enrolled in a high school equivalency program, students with disabilities, or career and technology education (CATE) students. Students who become twenty-one years old after September 1 of the school year will remain under the secondary grade pupil classification for the entire school year. Students over public school age will be assigned to the adult education program.
C. Accredited schools shall operate a minimum of 1,170 instructional hours for all students. Exercises for issuing diplomas to graduates shall be scheduled at the discretion of the PUSD. High school diploma credits will be awarded per Regulation Regulation 43-234, Defined Program, Grades 9-12 and Graduation Requirements.
II. District Governance
A. Board of Trustees
1. The school district Board of Trustees must ensure quality schooling by providing rigorous, relevant instructional programs for all students.
2. The PUSD shall be under the control and management of its Board of Trustees. With the consent of the agency director, the Board of Trustees shall operate as the executory agent for the schools under its jurisdiction and shall perform administrative functions as stated in S.C. Code Ann. § 24-25-70, Powers and Duties of School Boards.
B. Board Policies

Written school board policies, cooperatively developed by employees, administrative staff, and the Board of Trustees, are essential for successful operation of the district's school system. School board policies establishing the guidelines and responsibilities shall outline the relationship of board members, the superintendent, and staff; provide understanding and clarity of purpose; and facilitate administration. Copies of the school board policies shall be filed on the district's web page.

C. School Budgets

Notwithstanding any other provision of the law, the Board of Trustees in this state shall annually make available to the general public its budget for that year.

D. District Strategic Plan and School Renewal Plans

The PUSD will submit a five-year strategic plan to the South Carolina Department of Education (SCDE) with annual updates due by April 30 each year. The district strategic plan, school renewal plans, and annual updates must be reviewed and approved by the local Board of Trustees. District and school planning should be in compliance with Regulation 43-261.

III. School and District Reporting Requirements

The need for uniformity in collecting and reporting information makes it necessary for the district to maintain a record system for accurate reporting of information to the SCDE, the United States Department of Education (ED), and the General Assembly. Compatibility of data at the district level is required in the following areas:

A. Finance

The PUSD shall maintain accurate accounting records of all financial transactions in accordance with the SCDE's standard fiscal procedures as outlined by the State Budget and Control Board. Funds will be expended within the parameters set forth in the SCDE's Funding Manual.

B. Personnel

The PUSD shall maintain an accurate record of all personnel and submit required staff information utilizing a prescribed format to the appropriate office(s) at the SCDE.

C. Facilities and Equipment

The PUSD shall maintain an accurate inventory record of all equipment and real property owned by the district.

D. Students

The PUSD shall maintain accurate and confidential student records. The superintendent or designee shall verify the accuracy of enrollment, attendance, and membership by category which shall be submitted to appropriate office(s) at the SCDE.

1. Student Records
a. The PUSD will maintain accurate student data according to the pupil accounting system prescribed by the SCDE.
b. The district superintendent or designee will verify the accuracy of the student enrollment, attendance, membership by category, and submit this information to the SCDE.
2. Course Records for Students

The district superintendent or designee will verify the accuracy of course records for students.

3. Student Enrollment
a. Students will not be concurrently enrolled in the Adult Basic Education (ABE) funding database and the EFA funding database.
b. Cases of extended or chronic illnesses that are certified by a physician and absences due to emergency conditions may be approved by the principal as excusable.
c. Any student who receives fewer than 120 clock hours of instruction during a school year will not be eligible to receive a full unit of credit unless the Board of Trustees approves excessive absences in accordance with Regulation Regulation 43-274, and the student makes up the work missed to satisfy the 120-hour requirement, unless that credit is earned in a proficiency-based course, as permitted under Regulation Regulation 43-234.
4. Transfer of Students
a. Accurate accounting records shall be developed and maintained for student transfers and withdrawals according to Regulation Regulation 43-273. Comprehensive transcripts shall be submitted directly to the receiving school. A permanent record of the transferred student shall be retained in the school from which the student is transferred. All transfers and withdrawals shall be in accordance with Regulation Regulation 43-273, Transfers and Withdrawals.
b. Units earned by a student in an accredited high school of this state or in a school of another state, which is accredited under the regulations of the Board of Education of that state, will be accepted under the same value which would apply to students in the school to which they transferred.
IV. School Personnel Based on EFA Requirements
A. School Personnel Workload
1. PUSD will be divided into regions. Each region will have no more than three (3) schools. Each region will be staffed by a full-time properly certified principal.
2. Each region will be staffed by a properly certified guidance counselor.
3. Each region will be staffed by a properly certified media specialist.
4. All students with disabilities under the Individuals with Disabilities Education Act (IDEA) will receive special education and related services consistent with their individualized education program (IEP), in accordance with the IEP. Caseload and class size must adhere to the relevant state regulations governing special education.
B. Minimum District Staff

The South Carolina Department of Corrections (SCDC) shall employ a superintendent of the PUSD who shall be employed full time.

C. Additional District Staff

Operation of the school program involves functions of management and administration as well as teaching, counseling, supervising, and related activities. The enrollment and scope of the educational program will determine the size of the district staff as determined by the superintendent. Any additional personnel who may need to be employed and who have responsibilities for supervising instructional programs and pupil services shall be properly certified.

D. All certified staff will be paid according to the statewide minimum salary schedule, adjusted for 235-day school year.
E. Program of Professional Development and Evaluation
1. The PUSD shall provide professional development for all educational personnel on an annual and long-range basis.
2. Each school shall implement a district-approved professional development program in addition to regularly scheduled faculty meetings. These activities shall be correlated with the district's professional development and strategic plans as well as the school renewal plan.
V. Programs of Study

To assure a continuous learning experience, students may enter a course at any time. Students enrolled in a Carnegie unit course may receive one unit of credit upon successful completion of a course that requires a minimum of 120 hours of instruction. One-half credit may be awarded for a course that requires a minimum of 60 hours of instruction, and one-fourth credit may be awarded for a course requiring 30 hours of instruction. A student enrolled in a course offered by the SCDE's virtual education program or another Distance Learning program may receive one unit of credit upon successful completion of a course as required by the SCDE. In addition, the PUSD may offer proficiency-based courses pursuant to the requirements of Regulation 43-234.

A. Minimum Course Offerings
1. The number of course offerings will be determined by the PUSD superintendent according to the size of student enrollment and course needs of students, The courses offered may include, but are not limited to, the areas of English language arts, mathematics, social studies, science, the arts, and CATE.
2. Each school shall provide adequate personnel, facilities, equipment, and supplies for its instructional program as determined by the superintendent.
3. The instructional day must be at least 6 hours, excluding lunch, or the equivalent weekly in accordance with § 59-1-425. In order to receive EFA funding, students must attend a minimum of 200 minutes daily or its equivalent for an annual accumulation of 36,000 minutes according to R.43-172.
4. Due to the individualized instructional program and the ever changing school population within the district, special consideration shall be given to allow credit and non-credit students to attend classes concurrently. Students at different unit credit levels shall also be allowed to attend classes concurrently in the same subject area.
B. High School Credit Courses
1. No student may earn more than one unit of credit for 120 hours of instruction.
2. Regulation Regulation 43-262 regarding assessment shall apply to students enrolled in high school courses.
C. High School Equivalency Programs
1. A candidate for a state high school equivalency certificate who is seventeen to twenty-one years of age and incarcerated within the South Carolina Department of Corrections must submit proper documentation completed by either a PUSD school principal, adult education director, or the district superintendent indicating the candidate is no longer enrolled in a program generating EFA funding. The documentation must verify the candidate's date of birth and the date of his or her last attendance at the PUSD EFA program. Verification letters are to be submitted with the application for testing.
2. EFA students who pass a high school equivalency exam may be enrolled in a CATE vocational class or be withdrawn from school. Those who are under the age of twenty-one and fail the high school equivalency exam will remain in the EFA database. Students who re-enroll must meet the minimum requirements as set forth in the Pupil Accounting Manual per Regulation Regulation 43-172.
D. Classroom Instruction

Classroom instruction will be based on the current SBE-adopted and approved academic standards for a given content area. Content areas shall include, but not be limited to, English language arts, mathematics, science, social studies, the arts, and CATE. CATE programming shall be offered at each school. Additional courses may be offered depending upon student enrollment, need, and availability of a certified teacher as designated by the superintendent or designee and as required by SBE Regulation Regulation 43-234 to include financial literacy; environmental studies; foreign language; alcohol, tobacco, and other drugs; and visual and performing arts. Other courses in the areas of physical education, health education, other elective courses, and Advanced Placement offerings should be provided as appropriate.

E. Impact of Crime Classes

Impact of Crime classes may be offered in all schools that have teaching assistants as a transitional skill, as designated by the superintendent/designee.

F. Special Education
1. A specialized program of instruction utilizing the resource, itinerant, or self-contained model shall be made available to students with disabilities. Special education and related services must be provided to students with disabilities as set forth in their individualized education programs (IEPs); and to the maximum extent possible, they must be educated with their nondisabled peers in the least restrictive environment, consistent with the Individuals with Disabilities Education Act (2004) and SBE Regulation Regulation 43-243. Students with disabilities must have available to them a free appropriate public education, consistent with SBE Regulation Regulation 43-243 and 34 C.F.R. § 300.102(a)(2).
2. Student/teacher ratios will comply with SBE Regulation Regulation 43-205.
G. Instructional Materials

EFA students may be issued state-adopted instructional materials. Students will pay for lost or damaged materials. Replacement materials will not be issued until the debt is paid.

H. Media Center

The district shall utilize the institutional libraries. A committee, as designated by the superintendent/designee, and the media specialist shall be responsible for reviewing and selecting reading materials that are appropriate for the needs of students, including print and electronic or digital versions of materials.

I. Advisory Councils

The superintendent or designee may establish advisory councils, including but not limited to a Student Advisory Council, Teacher Advisory Council, School Improvement Council, and a Career and Technology Advisory Council. Advisory councils shall meet no less than annually. No advisory council shall have any of the powers and duties reserved by law or regulation of the Board of Trustees.

J. Accident Prevention

Each school will comply with safety regulations as prescribed in state law and approved in the individual institution's emergency plan (Section 59-63-910, S.C. Code of Laws, 1976, as amended).

K. Emergency Closings

All school closings, other than for security reasons, must be approved by the district superintendent or designee and reported to the SCDE.

L. Displaying of United States and South Carolina Flags (R.43-188)

Each school will display the American and State flags appropriately.

VI. Adult Education

The adult education program is designed primarily for, but not limited to, adults over twenty-one years of age. Those students who are under twenty-one years of age that have withdrawn from a PUSD EFA school to prepare for a high school equivalency program may participate in the adult education program. The district shall provide educational programs, including the following:

Academic Education Level I (1-8), Level II (9-12), High School Diploma Program, and the SCDE virtual education program or other Distance Learning programs.

A. Academic Education
1. Level 1: Basic education shall include organized and systematic instruction in the skills of language arts and mathematics.
2. Level II: High school completion shall provide a more defined and structured program which will allow the student to work concurrently toward preparing for the high school equivalency diploma and/or toward receiving high school unit credits.
3. High School Diploma Program: High school credit may be granted for a course completed in an approved adult education program provided (1) the teacher is properly certified to teach the course, and (2) the student receives a minimum of 60 clock hours of instruction. A school may award one unit of credit for a course that has been approved by the SCDE in a proficiency-based system. A proficiency-based course may also be offered for one-fourth and one-half unit if the system specifies these units (R.Regulation 43-234). High school diploma credits will be awarded per R.43-259, Graduation Requirements.
4. High School Equivalency Programs
a. Students who are not currently enrolled as part of the EFA funding formula will be eligible to take a high school equivalency program exam upon the recommendation of the principal or school leader. Attainment of a high school equivalency diploma will be determined by achieving a passing score as determined by the SCDE and approved by the SBE.
b. A candidate for a state high school equivalency certificate who is seventeen to twenty-one years of age and incarcerated within the South Carolina Department of Corrections must submit proper documentation completed by either a PUSD school principal, adult education director, or the district superintendent indicating the candidate is no longer enrolled in a program generating EFA funding. The documentation must verify the candidate's date of birth and the date of his or her last attendance at the PUSD EFA program. Verification letters are to be submitted with the application for testing.
B. Adult Basic Education (ABE) Personnel
1. Each adult education teacher must be properly certified and meet appropriate federal statutory requirements.
2. Each adult education high school subject area teacher must be properly certified and meet appropriate federal statutory requirements to teach the subject area in which he or she is assigned to teach in order to award a Carnegie unit.
C. Special Education Services

Special education and related services must be provided to students with disabilities as set forth in their individualized education programs (IEPs); and to the maximum extent possible, they must be educated with their nondisabled peers in the least restrictive environment, consistent with the Individuals with Disabilities Education Act (2004) (IDEA) and SBE Regulation Regulation 43-243. Students with disabilities must have available to them a free appropriate public education, consistent with SBE Regulation Regulation 43-243 and 34 C.F.R. § 300.102(a)(2), until they graduate with a South Carolina high school diploma or reach the maximum age for coverage under the IDEA.

D. ABE Professional Development

ABE staff will participate in adult education professional development as required by the SCDE.

The following SBE Regulations do not apply to PUSD:

R.43-220-Gifted and Talented

R.43-231-Defined Program Grades K-5

R.43-232-Defined Program 6-8

R.43-240-Summer School Programs

R.43-241-Medical Homebound Instruction

R.43-242-Driver Training

R.43-244-Interscholastic Activities

R.43-246-Instruction at a Place Other Than School

R.43-265-Parental/Family Literacy

R.43-268-Academic Assistance Programs Grades 4-12

S.C. Code Regs. § 43-229

Added by State Register Volume 38, Issue No. 6, eff 6/27/2014.