Senate education subcommittee adopts amendments to H 3196 to clarify teacher contracts, add exemptions and penalty

The Senate Education Subcommittee voted to adopt an amendment to H 3196, the Educator Assistance Act, and then moved the amended bill forward with a favorable report during a subcommittee meeting.

The amendment adds a number of technical and policy changes the subcommittee said are intended to clarify teacher contracts, protect districts that already maintain unlimited leave banks, create a monetary penalty for failure to notify teachers of reemployment decisions, refine how breach-of-contract cases are handled and restore language governing retired educator certificates.

Mary Rita Watson, a representative of the South Carolina Education Association, told the subcommittee she and union members wanted employment contracts to show ‘‘the years of service and the level of education’’ so teachers can clearly see where they fall on the salary matrix. She said clearer contract information would reduce confusion between salary placement and separate retirement credit handled by PEBA.

Legislative staff member Miss Barton reviewed the draft amendment and said it adds a new subsection exempting any local district that, prior to the bill's effective date, already implemented a leave bank policy or a policy without a cap on accrual from the new statute's requirements. Barton said that language was intended to address testimony from Greenville County officials who feared the bill would force some districts into a less generous leave policy.

Barton also described changes to the notification and reassignment provisions. The amendment directs boards of trustees to decide and notify teachers in writing about employment for the ensuing year through the superintendent annually before May 1. Barton said Senator Hembry proposed a $100,000 penalty to be deducted from a district's state-allocated funding for each occurrence in which a board fails to provide the required notification; Barton said the $100,000 figure was based on earlier RFA calculations of average funded salary components and was rounded for the amendment text. The amendment requires that, upon request, a district must provide a teacher the factors used to determine their pay category on the salary schedule.

On teacher reassignment, the amendment requires written notice of at least five days unless the superintendent demonstrates advance notice cannot be accomplished because of a critical need or the teacher requested the reassignment; the local board must be notified in writing of all reassignments, Barton said.

The amendment replaces the phrase "unprofessional conduct" as applied to certain contract violations with the more specific term "breach of contract," and clarifies how breach-of-contract cases that arise from an educator executing an employment contract with another in-state board without consent are treated relative to existing revocation and suspension provisions (transcript cites section numbers verbally). Barton said the change is intended to distinguish varying degrees of misconduct and avoid applying the stigma of unprofessional conduct to contract disputes alone.

A senator who identified themselves as representing York raised the prospect of an exception when a teacher moves permanent residency to a noncontiguous district; the senator asked for language protecting bona fide residency moves so teachers who legitimately relocate for family or other reasons would not face automatic license threats. Barton said she would draft an "exception to an exception" to cover legitimate residency changes and investigate wording to allow the board to confirm bona fides.

The amendment also restores existing code language governing the retired educator certificate. Barton said the draft reinstates references to suspended or voluntarily surrendered certificates that had been removed in prior edits and clarifies that a retired educator who wishes to keep an active retired educator certificate must provide written notification at the end of every five-year period; Barton said the Department of Education requested rules and forms to implement that process.

A motion to adopt the amendment was made and seconded; the committee approved the amendment by voice vote. A subsequent motion for a favorable report on the amended bill was moved and seconded and likewise carried by voice vote. Senator Allen's proxy was recorded as an "aye" during the vote, according to the transcript.

The subcommittee adjourned after approving the amendment and the favorable report; the amended bill will proceed from the subcommittee for further consideration by the full committee or chamber as required by legislative procedure.