(2) ‘Educational programs or elements of programs not included in the SCPEP foundation program’ means includes: (a) ‘Transportation’, which shall mean means transportation to and from public schools for the students of South Carolina’s public schools provided by state, local or federal funds, or a combination of those funds. (b) ‘Capital outlay’, which shall mean means those funds used for the construction, improving, equipping, renovating or major repairing of school buildings or other school facilities, or the cost of acquisition of land whereon on which to construct or establish such these school facilities in accordance with the definition provided in Section 5921310. (c) ‘Pilot programs’, which shall mean means programs of a pilot or experimental nature usually designed for special purposes and for a specified period of time other than those included in the foundation program. (d) ‘Adult education’, which shall mean means public education dealing primarily with students above eighteen years of age seventeen and above not enrolled as full time public school students and not classified as students of technical schools, colleges or universities of the State. (e) ‘Text books Textbooks’, which shall mean means books, instructional materials, and digital materials and resources aligned with South Carolina content standards and distributed under pursuant to that system of rental and free text books textbooks, electronic textbooks, instructional materials, and digital materials and the electronic devices necessary to capture the digital materials and resources now operated by the Department of Education. (f) ‘Food service programs’, which shall mean means those programs dealing directly with the nutritional welfare of the student, such as the school lunch and school breakfast programs. (g)(3) ‘Employee benefits’, which shall mean means those benefits received by employees of the state public school systems and paid at least in part by the State, such as retirement, social security and health insurance. (3)(4) ‘Index of taxpaying ability’ or ‘ITA’ means an index of a local district’s relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43, of Title 12 for the second completed taxable year preceding the fiscal year in which the index is used and these assessments must be the audited assessments by school district contained in the
SECTION 5. Section 59211010 of the 1976 Code is amended to read: “Section 59211010. (A) The revenue derived from Sections 12362620(1) and 12362630(1) must be remitted to the State Treasurer to be credited to the state public school building fund for the purposes provided for in Article 3 of Chapter 21 of Title 59 and any sum above that amount must be placed to the credit of the general fund of the State the South Carolina Public Education Program Fund created by Section 592035 and must be used for school SCPEP purposes only. (B) The revenue derived from Sections 12362620(2), 12362630(2), and 12362640(2) must be deposited by the State Treasurer in the South Carolina Education Improvement Act of 1984 Fund as a fund separate and distinct from the general fund of the State except that the percentage of the revenue specified in Section 592035 must be deposited in the SCPEP Fund. All unappropriated money in this fund and earning on investments from this fund must remain part of the separate fund and must not be deposited in the general fund except as provided for in this section. Money from this fund may be spent only for elementary and secondary school purposes. Any change in the management or use of this fund for other than elementary and secondary education is permitted only by a twothirds vote provided in this section. (C)(1) Upon implementation of the provisions of this section by law, the law may not be amended or repealed except by special vote provided in this section. (2) For purposes of this subsection, a special vote means an affirmative twothirds vote of the total membership of the Senate and an affirmative twothirds vote of the total membership of the House of Representatives. All monies appropriated from the Education Improvement Act of 1984 Fund which are disbursed by the State Department of Education must be appropriated in one division of the section in the annual general appropriations act making appropriations for the State Department of Education.” SECTION 6. Section 5929170 of the 1976 Code is amended to read: “Section 5929170. Not later than August 15, 1987, Gifted and talented students at the elementary and secondary levels must be provided programs during the regular school year or during