SC Code § 59-18-310 (2021)
2021 South Carolina Code of Laws|Title 59 - Education|Chapter 18 - Education Accountability Act|Section 59-18-310. Development or adoption of statewide assessment program to promote student learning and measure student performance.

 (A) Notwithstanding any other provision of law, the State Board of Education, through the Department of Education, is required to develop or adopt a statewide assessment program to promote student learning and to measure student performance on state standards and:  (1) identify areas in which students, schools, or school districts need additional support;  (2) indicate the academic achievement for schools, districts, and the State;  (3) satisfy federal reporting requirements; and  (4) provide professional development to educators.  Assessments required to be developed or adopted pursuant to the provisions of this section or chapter must be objective and reliable, and administered in English and in Braille for students as identified in their Individual Education Plan.  (B)(1) The statewide assessment program must include the subjects of English/language arts, mathematics, science, and social studies in grades three through eight, as delineated in Section 59-18-320, and end-of-course tests for courses selected by the State Board of Education and approved by the Education Oversight Committee for federal accountability, which award units of credit in English/language arts, mathematics, science, and social studies. A student's score on an end-of-year assessment may not be the sole criterion for placing the student on academic probation, retaining the student in his current grade, or requiring the student to attend summer school. Beginning with the graduating class of 2010, students are required to pass a high school credit course in science and a course in United States history in which end-of-course examinations are administered to receive the state high school diploma. Beginning with the graduating class of 2015, students are no longer required to meet the exit examination requirements set forth in this section and State Regulation to earn a South Carolina high school diploma.  (2) A person who is no longer enrolled in a public school and who previously failed to receive a high school diploma or was denied graduation solely for failing to meet the exit exam requirements pursuant to this section and State Regulation may petition the local school board to determine the student's eligibility to receive a high school diploma pursuant to this chapter. The local school board will transmit diploma requests to the South Carolina Department of Education in accordance with department procedures. Petitions under this section must be submitted to the local school district. Students receiving diplomas in accordance with this section shall not be counted as graduates in the graduation rate calculations for affected schools and districts, either retroactively or in current or future calculations. On or before January 31, 2019, the South Carolina Department of Education shall report to the State Board of Education and the General Assembly the number of diplomas granted, by school district, under the provision. The State Board of Education shall remove any conflicting requirement and promulgate conforming changes in its applicable regulations. The department shall advertise the provisions of this item in at least one daily newspaper of general circulation in the area of each school district within forty-five days after this enactment. After enactment, the department may continue to advertise the provisions of this item, but it shall not be required to advertise after December 31, 2017. At a minimum, this notice must consist of two columns measuring at least ten inches in length and measuring at least four and one-half inches combined width, and include:  (a) a headline printed in at least a twenty-four point font that is boldfaced;  (b) an explanation of who qualifies for the petitioning option;  (c) an explanation of the petition process;  (d) a contact name and phone number; and  (e) the deadline for submitting a petition.  (C) While assessment is called for in the specific areas mentioned above, this should not be construed as lessening the importance of foreign languages, visual and performing arts, health, physical education, and career or occupational programs.  (D) The State Board of Education shall create a statewide adoption list of formative assessments for grades kindergarten through nine aligned with the state content standards in English/language arts and mathematics that satisfies professional measurement standards in accordance with criteria jointly determined by the Education Oversight Committee and the State Department of Education. The formative assessments must provide diagnostic information in a timely manner to all school districts for each student during the course of the school year. For use beginning with the 2009-2010 School Year, and subject to appropriations by the General Assembly for the assessments, local districts must be allocated resources to select and administer formative assessments from the statewide adoption list to use to improve student performance in accordance with district improvement plans. However, if a local district already administers formative assessments, the district may continue to use the assessments if they meet the state standards and criteria pursuant to this subsection.  (E) The State Department of Education shall provide on-going professional development in the development and use of classroom assessments, the use of formative assessments, and the use of the end-of-year state assessments so that teaching and learning activities are focused on student needs and lead to higher levels of student performance.  HISTORY: 1998 Act No. 400, Section 2; 2001 Act No. 39, Section 3; 2006 Act No. 254, Section 3, eff March 24, 2006; 2008 Act No. 282, Section 1, eff June 5, 2008; 2014 Act No. 155 (H.3919), Section 1, eff April 14, 2014; 2016 Act No. 207 (S.933), Section 1, eff June 3, 2016; 2017 Act No. 94 (H.3969), Section 6, eff June 10, 2017.  Effect of Amendment  The 2006 amendment, in subsection (A), in the introductory statement, added "promote student learning and to" preceding "measure student performance" and added paragraph (4) relating to professional development; rewrote subsection (B), adding the second sentence requiring science and United States history examinations; and added subsections (D) to (F) relating to formative assessments.  The 2008 amendment rewrote subsection (B); added subsection (C) relating to reporting strand level information and reporting of student scores; redesignated subsections (C) and (D) as subsections (D) and (E) and rewrote subsection (E); and deleted subsection (E) relating to adoption of a developmentally appropriate formative reading assessment for use in first and second grades.  2014 Act No. 155, Section 1, in subsection (B), added the paragraph designators; in subsection (B)(1), in the first sentence, deleted text relating to exit examinations, and added the last sentence, relating to exit examinations; and added subsection (B)(2).  2016 Act No. 207, Section 1, in (B)(2), deleted "by December 31, 2015" following "submitted to the local school district" in the third sentence; substituted "2019" for "2017" following "January 31," in the fifth sentence; added the second to last sentence, relating to advertisement after December 31, 2017; and made a nonsubstantive change.  2017 Act No. 94, Section 6, amended the section, deleting obsolete language and deleting provisions concerning the timing for administering certain assessments.