South Carolina-2023-S0134-Comm Sub

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Committee Report

April 30, 2024

S. 134

Introduced by Senators Hembree, Gustafson, Verdin, Climer and Campsen

S. Printed 04/30/24--H.

Read the first time February 16, 2023

________

The committee on House Education and Public Works

To whom was referred a Bill (S. 134) to amend the South Carolina Code of Laws by adding Section 59-19-85 so as to promote public access to school board meetings by requiring school boards to adopt and, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, SECTION 1, by striking Section 59-19-85(A), (B), and (C) and inserting:

(A) Each public school governing body, including the governing bodies of charter schools and special schools, must make reasonable and necessary efforts to ensure the entirety of meetings of its regularly scheduled or special called meetings of its full governing body are open and accessible to the public and also available by means of live electronic access, such as livestream transmission, except during a lawful executive session. Nothing in this chapter shall be construed to alter, amend, or modify Chapter 4, Title 30.

(B) If a governing body cannot provide such live electronic public access despite making reasonable and necessary efforts to restore livestream transmission during the meeting, it must make a clear audio and video recording of the meeting in its entirety and make it available on its website or online through a link displayed prominently on its website as soon as practicable and in no event more than two calendar days after the meeting.

(C) The State Board of Education shall adopt, and revise as necessary, a model livestream meeting policy suitable for governing bodies of public schools, including charter and special schools, to comply with provisions in this section. The policy shall include specific items that governing bodies must adopt in board or school policy and also contain, at a minimum:

(1) resources, recommendations, and best practices facilitating requirements for all portions of streamed meetings to be visible and audible in real-time and subsequently posted on applicable websites within two business days of the meeting;

(2) suggested approaches for developing and implementing livestreaming and expanding or improving existing livestream capacity;

(3) publicization of availability of livestream meetings;

(4) allowances for executive sessions;

(5) penalties for policy violations or noncompliance not to exceed one percent of state funds to the district, charter school, or special school, with escalating tiers based on frequency, duration, and severity; and

(6) the process for allowing a governing body with evidence of limited or no broadband access to request approval from the State Board of Education for up to an additional twelve months to comply with provisions in this section.

Amend the bill further, by striking SECTION 2 and inserting:

SECTION 2. The provisions of this act must be implemented before July 1, 2025.

Renumber sections to conform.

Amend title to conform.

SHANNON ERICKSON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill, as amended, requires each public school governing body, including the governing bodies of charter schools and special schools, to make reasonable and necessary efforts to ensure the entirety of meetings of its regularly scheduled or special called meetings of its full governing body are open and accessible to the public and also available by means of live electronic access, such as livestream transmission. Lawful executive sessions are excluded from this provision. If a governing body cannot provide or restore livestream transmission during the meeting, it must make a clear audio and video recording of the meeting available on its website or through a link displayed on its website in no more than two calendar days after the meeting.

The State Board of Education must adopt a model livestream meeting policy to comply with the provisions of the bill. The policy must include certain criteria, including penalties for policy violations or non-compliance. Penalties for policy violations or non-compliance may not exceed 1 percent of state funds to the district, charter school, or special school.

S.C. Department of Education. SCDE previously indicated that any expenses to adopt a model livestream meeting policy for school districts would be managed with existing appropriations. Therefore, we do not anticipate that this bill, as amended, will have an expenditure impact on SCDE.

State Agency Schools. This bill, as amended, is not expected to have an expenditure impact on the state agency schools. The South Carolina Governor's School for Agriculture at John de la Howe, the Governor's School for the Arts and Humanities, the Governor's School for Science and Mathematics, the School for the Deaf and Blind, and the Wil Lou Gray Opportunity School previously indicated that they either have the ability to livestream board meetings or have a plan in place to livestream the meetings. However, the expenditure impact may change once a model policy is adopted by the State Board of Education.

State Revenue

This bill, as amended, requires each public school governing body, including the governing bodies of charter schools and special schools, to make reasonable and necessary efforts to ensure its meetings are open and accessible to the public and also available by means of live electronic access, such as livestream transmission. The State Board of Education must adopt a model livestream meeting policy to comply with the provisions of the bill. The policy must include certain criteria, including penalties for policy violations or non-compliance. Penalties for policy violations or non-compliance may not exceed 1 percent of state funds to the district, with escalating tiers based on frequency, duration, and severity. Based on data in the Revenue Per Pupil by District Report from RFA, 1 percent of projected state funds to districts ranges from approximately $64,600 to $6,060,500 for FY 2023-24.

The revenue impact on the special school districts for violations or non-compliance of the livestream meeting policy is undetermined as it is unknown how many districts will not comply with the provisions of the bill. Additionally, the amount of state funds to be withheld will vary by district.

Local Expenditure

The overall expenditure impact of this bill, as amended, on local school districts will vary. SCDE previously surveyed the seventy-three regular school districts and the three charter districts regarding any potential increase in expenditures to ensure meetings are open and accessible to the public and available by means of live electronic access and received responses from forty-one districts. Of the responding districts, twenty-three indicated that the bill would have no expenditure impact since they currently livestream board meetings. One district indicated that the bill may require overtime from existing staff but could not quantify the cost. The remaining seventeen responding districts indicated that expenses would increase by a range of $3,000 to $100,000 per district for equipment, onsite support, and overtime for staff. Additionally, the model livestream policy to be adopted by the State Board of Education is unknown and may affect these costs.

Local Revenue

The revenue impact on local school districts for violations or non-compliance is undetermined as it will depend on how many districts do not comply with the provisions of the bill. Additionally, the amount of state funds to be withheld will vary by district. Based on data in the Revenue Per Pupil by District Report from RFA, 1 percent of projected state funds to districts ranges from approximately $64,600 to $6,060,500 for FY 2023-24.

Introduced on January 10, 2023

State Expenditure

This bill requires each public school governing body, including the governing bodies of charter schools and special schools, to make reasonable and necessary efforts to ensure the entirety of meetings of its regularly scheduled or special called meetings of its full governing body are open and accessible to the public and also available by means of livestream transmission. Lawful executive sessions are excluded from this provision. If a governing body cannot provide or restore livestream transmission during the meeting, it must make a clear audio and video recording of the meeting and place the recording on its website no more than two business days after the meeting.

The governing body of each public school, charter school, and special school must adopt a local policy within three months after adoption of the policy by the State Board of Education. Local policies must include, at a minimum, the State Board of Education model policy. Any revisions to the State Board of Education's model policy must be adopted and incorporated into the local policy in the same manner as the original requirements. A governing body may only adopt its local policy or make changes at a regularly scheduled meeting, which must be livestreamed. A governing body may not adopt or follow a livestream policy that prevents or impedes in-person participation by the public except as may be reasonable and necessary for the orderly transaction of its business. Within thirty days after adoption of a local policy or revision to the policy, a governing body shall submit a copy of the policy or revision to the State Superintendent of Education for State Board of Education approval. The provisions of the bill must be implemented before July 1, 2024.

S.C. Department of Education. SCDE indicates that any expenses to adopt a model livestream meeting policy for school districts can be managed within existing appropriations. Therefore, the bill will have no expenditure impact on the agency.

State Agency Schools. This bill will have no expenditure impact on the state agency schools. The South Carolina Governor's School for Agriculture at John de la Howe, the Governor's School for the Arts and Humanities, the Governor's School for Science and Mathematics, the School for the Deaf and Blind, and the Wil Lou Gray Opportunity School indicate that the bill will have no expenditure impact, as the agencies either have the ability to livestream board meetings or have a plan in place to livestream the meetings. However, the expenditure impact of the bill could change depending upon the type of model policy adopted by the State Board of Education.

State Revenue

This bill requires each public school governing body, including the governing bodies of charter schools and special schools, to make reasonable and necessary efforts to ensure its meetings are open and accessible to the public and also available by means of livestream transmission. The State Board of Education must adopt a model livestream meeting policy to comply with the provisions of the bill. The policy must include certain criteria, including penalties for policy violations or non-compliance. Penalties for policy violations or non-compliance may not exceed 1 percent of state funds to the district, with escalating tiers based on frequency, duration, and severity. Based on data in the Revenue Per Pupil Report by District from RFA, 1 percent of projected state funds to districts ranges from approximately $69,600 to $5,559,100 for FY 2022-23.

Local Expenditure

As noted above, this bill requires each public school governing body, including the governing bodies of charter schools and special schools, to make reasonable and necessary efforts to ensure its meetings are open and accessible to the public and also available through livestream transmission. The overall expenditure impact of this bill on local districts is undetermined. However, SCDE surveyed the seventy-three regular school districts and the three charter districts regarding any potential increase in expenditures to ensure meetings are open and accessible to the public and available by means of livestream transmission and received responses from forty-one districts. Of the responding districts, twenty-three indicate that the bill will have no expenditure impact since they currently livestream board meetings. One district indicates that the bill may require overtime from existing staff but cannot quantify the cost. The remaining seventeen responding districts indicate expenses will increase by a range of $3,000 to $100,000 per district for equipment, onsite support, and overtime for staff. Due to the varying responses from the responding districts and the type of policy to be adopted by the State Board of Education being unknown, the expenditure impact of this bill on local school districts is undetermined.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

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A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-19-85 SO AS TO PROMOTE PUBLIC ACCESS TO SCHOOL BOARD MEETINGS BY REQUIRING SCHOOL BOARDS TO ADOPT AND IMPLEMENT POLICIES THAT PROVIDE LIVE ELECTRONIC TRANSMISSION OF SUCH MEETINGS, TO EXTEND APPLICABILITY OF THESE PROVISIONS TO THE GOVERNING BODIES OF CHARTER SCHOOLS AND SPECIAL SCHOOLS, TO PROVIDE FLEXIBILITY IN CERTAIN CIRCUMSTANCES, AND TO PROVIDE RELATED REQUIREMENTS OF THE STATE BOARD OF EDUCATION; AND TO PROVIDE THE PROVISIONS OF THIS ACT MUST BE IMPLEMENTED BEFORE JULY 1, 2024.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 19, Title 59 of the S.C. Code is amended by adding:

Section 59-19-85. (A) Each public school governing body, including the governing bodies of charter schools and special schools, must make reasonable and necessary efforts to ensure the entirety of meetings of its regularly scheduled or special called meetings of its full governing body are open and accessible to the public and also available by means of live electronic access, such as livestream transmission, except during a lawful executive session.

(B) If a governing body cannot provide such live electronic public access despite making reasonable and necessary efforts to restore livestream transmission during the meeting, it must make a clear audio and video recording of the meeting in its entirety available on its website as soon as practicable and in no event more than two business days after the meeting.

(2) suggested approaches for developing and implementing livestreaming and expanding or improving existing livestream capacity;

(3) publicizing availability of livestream meetings;

(4) allowances for executive sessions;

(D)(1) Each public school governing body, including the governing bodies of charter schools and special schools, shall adopt a local policy applicable to its meetings within three months after adoption of the model policy by the State Board of Education. A local policy must include, at a minimum, the State Board of Education model policy.

(2) If the State Board of Education adopts a revision to the model policy, then the governing body shall adopt and incorporate the revision into its local policy within three months after the adoption of the revision by the State Board of Education.

(3) A governing body only may adopt or revise its local policy at a regularly scheduled meeting, which must be successfully livestreamed.

(4) A governing body may not adopt or follow a livestream policy that prevents or impedes in-person participation by the public except as may be reasonable and necessary for the orderly transaction of its business.

(5) Within thirty days after adoption of a local policy or revision to the policy, a governing body shall submit a copy of the policy or revision to the State Superintendent of Education for State Board of Education approval.

SECTION 2. The provisions of this act must be implemented before July 1, 2024.

SECTION 3. This act takes effect upon approval by the Governor.

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