South Carolina Put Parents in Charge Bill H.3652

A sly worded Bill that does nothing to put any parent in charge of anything!

Is this Bill even legal?
Is the Governors Avocation for this Bill Legal?
Section 12-18-10.
Section 12-18-20.
Section 12-18-30.
Section 12-18-40. - Promulgate Regulations
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South Carolina State Constitution - ARTICLE XI. - PUBLIC EDUCATION

SECTION 4. Direct aid to religious or other private educational institutions prohibited. http://www.scstatehouse.net/scconstitution/a11.htm

No money shall be paid from public funds nor shall the credit of the State or any of its political subdivisions be used for the direct benefit of any religious or other private educational institution.

A) Direct aid to religious or other private educational institutions prohibited. All voucher money will come "directly from the "Public School" allotted funds, correct?

B) No money shall be paid from public funds All voucher money is a form of "public funds", correct?

C) nor shall the credit of the State or any of its political subdivisions be used for the direct benefit of any religious or other private educational institution. Oversight - The State Department of Revenue may issue regulations to aid in the performance of its duties under the act. This violates the second part of this as well, correct?

South Carolina State Constitution - ARTICLE III. LEGISLATIVE DEPARTMENT
SECTION 17. One subject. http://www.scstatehouse.net/scconstitution/a03.htm
Every Act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title. I find more the one argument to the "one subject" in this Bill; and the "expressed in the title" of this Bill.

1) Every Act or resolution having the force of law shall relate to but one subject

Nothing in this Bill title relates to "any Parent being in Charge of Anything" Everything in this Bill puts political subdivisions and "non-Parental entities in charge"! http://www.scstatehouse.net/scconstitution/a03.htm

2) Further, every "Parent is already in Charge"! We can home school our children, free from political bureaucracy; or We can send our children to public, charter and private schools.

3) WHERE IN THIS BILL CAN ANY REAL POOR FAMILY AFFORD TO SEND THEIR CHILD TO ANY "PRIVATE SCHOOL", SINCE THEY WILL HAVE TO HAVE THE "UP-FRONT MONEY?"

4) WHERE IN THIS BILL ARE ANY SGO - HOME SCHOOL ASSOCIATION or PRIVATE SCHOOL REQUIRED TO CHANGE THEIR ADMISSION POLICIES, WHICH WOULD ALLOW ANY CHILD THAT IS POOR< TO ENROLL < or IS OF A DIFFERENT RELIGION< or THE LACK THERE OF?

5) How does putting "SGO's, Private Schools or Business" in charge, put "ANY PARENT in CHARGE?" see: "and that shall be expressed in the title."

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Is the Governors Avocation For This Bill Legal

Is the Governors position a "Political Subdivision", which is advocating for money to be paid from public funds, to be used for the direct benefit of religious and other private educational institutions?

South Carolina State Constitution - ARTICLE XI. - PUBLIC EDUCATION

SECTION 4. Direct aid to religious or other private educational institutions prohibited. http://www.scstatehouse.net/scconstitution/a11.htm

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Section 12-18-10. This chapter may be cited as the 'South Carolina Put Parents in Charge Act'. "Where does this Bill puts any parent in charge!" I see where SGO's, Private Schools, Businesses, and bureaucrats obtain money and control!

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Section 12-18-20. The purpose of this chapter is to:

(1) restore parental control of education;

(1) - SC ST SEC 59-65-47 has already restored parental control of education;

(2) improve public school performance; and

(2) - STUDY FINDS VOUCHER FLAWED - Respected economist Harry Miley, finds that data supporting Governor Mark Sanford's voucher scheme was deeply flawed.

3) expand educational opportunities for children of families in poverty.

(3) - Stanford University - Studies comparing voucher or private schools with public schools find no differences or only small differences in achievement. So privatization solves neither the gap in achievement between low-income children and higher-income children nor the gap in access to high quality schools. With vouchers, the vast majority of low-income children still get less than adequate education, even though some will switch schools.

I fail to see how poverty keeps a child from receiving educational opportunities. It might keep the child from joining SCAIHS, other SGO's or an expensive private school, but it does not keep them from getting a quality education. Home educated children are surpassing both public and private school children. Over 50% of our public educated 9th graders can not read or do math beyond a 3rd grade level? I believe it is a lack of education, which tolerates the idea or belief, that being the child of a poor family in America will result in a poor education. Many of our nations greatest inventors, were poor men and women, whom never even went to college. To suggest being poor means you can not get the very best education, is to admit ignorance. To insinuate that the success of a poor child can only be met by the funding of SGO's or private schools, with State tax dollars, is to forget where those tax dollars originated; and is absurd.

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Section 12-18-30.As used in this chapter, unless otherwise required by the context:

(1) The links to the breakdown of this section: (and entities involved with governing powers to promulgate any regulations) Education Finance Act of 1977 and South Carolina Educational Improvement Act of 1984 and Education Accountability Act of 1998 and 12-37-251 SECTION 12-37-251. Homestead exemption from property taxes levied for school operations other than those levied for bonded indebtedness and lease purchase payments for capital construction. [SC ST SEC 12-37-251]

(A)(1) The Trust Fund for Tax Relief must contain an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995 or the current school operating millage, whichever is lower, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage or the current school operating millage, whichever is lower, is the base year millage for purposes of calculating the amount necessary to fund the Trust Fund for Tax Relief in accordance with this section. However, in years in which the values resulting from a countywide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue shall prescribe. Funds distributed to a taxing district as provided in subsection (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction.

(2) Notwithstanding the provisions of this subsection, a school district whose operating millage falls below the 1995 school year operating millage may request to receive tax relief based on the 1995 operating millage, or equivalent millage rate, if one of the following conditions are met:

(a) the current operating millage per pupil plus the current debt service millage is equal to or less than the total millage per pupil for 1995;

(b) the operating millage per pupil for the 1995 tax year reduced by the amount by which the total millage per pupil for all purposes in the current year exceeds the total millage per pupil for the 1995 tax year but not below the actual operating millage per pupil for the current year.

The Department of Revenue is responsible for certifying that the conditions are met based on the latest completed fiscal year data of the requesting district.

Any funds received by an eligible school district in excess of its current millage under this subsection may be used by the district to pay bonded indebtedness.

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(B)(1) School districts must be reimbursed from revenues credited to the Trust Fund for Tax Relief for a fiscal year, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section. Ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December first. From funds appropriated to the Office of the Comptroller General in the annual general appropriations act, the Comptroller shall make the calculations and distributions required pursuant to this subsection. If amounts received by a school district pursuant to this subsection are insufficient to reimburse fully for the base year operating millage, the local school board, within its authority, shall decide how to make up the shortfall, if necessary. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage must first be used to reduce any operating millage imposed since the 1995 base year, must next be used for school debt service purposes, and any funds remaining may then be retained by the district.

(2) School districts must be reimbursed on a per capita basis, but a district may not receive as a reimbursement for a fiscal year an amount less than the actual reimbursement amount it received in fiscal year 1998-99. If amounts credited to the Trust Fund for Tax Relief for a fiscal year pursuant to item (1) of this subsection are insufficient to pay the full amount of the reimbursements provided by this item, then all amounts credited to the trust fund for a fiscal year for this reimbursement in excess of the amount of the reimbursements paid pursuant to this section in fiscal year 1998-99 must be allocated only to those districts receiving less than the full per capita reimbursement, and this allocation must be on a per capita basis among only those counties receiving some part of this allocation.

(3) Operating millage levied in a county for alternative schools, career and technology centers, and county boards of education whether or not levied countywide or on a school district by school district basis in a county also is considered school operating millage to which the property tax exemption provided by this section applies. County treasurers shall consider these operating millages in determining revenue lost when making disbursements to school districts from trust funds for tax relief funds under this section.

(C) Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the "index of taxpaying ability" pursuant to Section 59-20-20(3).

(D) [Blank]

(E) Rollback millage is calculated by dividing the prior year property tax revenues by the adjusted total assessed value applicable in the year the values derived from a countywide equalization and reassessment program are implemented. This amount of assessed value must be adjusted by deducting assessments added for property or improvements not previously taxed, for new construction, and for renovation of existing structures.

(F) The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Economic Research Section of the Budget and Control Board estimate of total school tax revenue loss resulting from the exemption in the next fiscal year.

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and Section 59-20-40 SECTION 59-20-40. Determination of annual allocations. [SC ST SEC 59-20-40]

The annual allocation to each school district for the operation of the foundation program as it relates to the school district shall be determined as follows:

(1) Computation of the basic amount to be included for current operation in the foundation program:

(a) Each school district shall maintain a program membership of each school by compiling the student membership of each classification. The cumulative one hundred thirty-five day average daily membership of each school district by program classification will determine its monetary entitlement. The district's average daily membership (ADM) will be computed, currently maintained, and reported in accordance with the regulations of the State Board of Education. Funds for the state's portion of the per-pupil cost of the foundation program shall be disbursed monthly to the various school districts. End-of-year adjustments in state funds shall be made based on the one hundred thirty-five day student average daily membership in each classification.

(b) The base student cost shall be established annually by the General Assembly. The base student cost shall be established in such a manner that five years after July 2, 1978, the funding level shall approximate the cost of the defined minimum program as set forth by the State Board of Education.

Each year the Division of Research and Statistics of the Budget and Control Board shall submit to the Legislature an estimate of the projected rate of inflation for the fiscal year to be budgeted, and the base student cost shall be adjusted to incorporate the inflated cost of providing the Defined Minimum Program.

(c) Weightings, used to provide for relative cost differences, between programs for different students are established in order that funds may be equitably distributed on the basis of pupil needs. The criteria for qualifications for each special classification must be established by the State Board of Education according to definitions established in this article and in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this section must be used to fund programs approved by the State Board of Education. Pupil data received by the Department of Education is subject to audit by the department. Cost factors or weightings are as follows:

Pupil Classification Weightings

(1) Kindergarten pupils 1.30

(2) Primary pupils (grades 1 through 3) 1.24

(3) Elementary pupils (grades 4 through 8)

base students 1.00

(4) High school pupils (grades 9 through 12) 1.25

Special Programs for Exceptional Students Weightings

(5) Handicapped 1.74

a. Educable mentally handicapped pupils

b. Learning disabilities pupils

(6) Handicapped 2.04

a. Trainable mentally handicapped pupils

b. Emotionally handicapped pupils

c. Orthopedically handicapped pupils

(7) Handicapped 2.57

a. Visually handicapped pupils

b. Hearing handicapped pupils

c. pupils with autism.

(8) Speech handicapped pupils 1.90

(9) Homebound pupils 2.10

a. pupils who are homebound

b. pupils who reside in emergency shelters

(10) Pre-vocational 1.20

(11) Vocational 1.29

Add-on Weights for Early Childhood Development and Academic Weightings

Assistance

(12) Early Childhood Assistance 0.26

(13) Grades 4-12 Academic Assistance 0.114

Adult Education

(14) Adult Education 0.15

No local match is required for adult education and the number of weighted pupil units funded depends on funding available from the general fund of the State and the Education Improvement Act of 1984 Fund.

Each student in the State must be counted in only one of the first eleven pupil classifications. Students shall generate funds for early childhood assistance and grades 4-12 academic assistance in accordance with Section 59-139-20. The State Board of Education must determine the qualifications for each classification in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, 59-53-1900, and Chapter 30 of this title. The program for each classification must meet specifications approved by the State Board of Education.

School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of .25 for supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40."

(d) The basic amount for the foundation program for each district shall be computed as follows:

(1) The calculated average daily membership in each student classification shall be multiplied by the weighting factor for that respective classification.

(2) The subtotals (totals in each student classification) in all classifications shall be added to get the district's total weighted pupil units.

(3) The district's weighted pupil units shall be multiplied by the base student cost figure as established annually by the General Assembly.

(e) Computation of the required local revenue in support of the foundation program.

The amount that each school district shall provide toward the cost of the South Carolina foundation program shall be computed by determining the total statewide collective local share (approximately thirty percent) of the total cost of the foundation program, and multiplying this by the index of taxpaying ability of each district as defined in § 59-20-20.

(f) Computation of the required state effort.

The amount that the State shall provide to each school district toward the cost of the foundation program shall be the difference between the district's basic amount as computed in subsection (d) minus the required amount raised locally as computed in subsection (e).

Notwithstanding the provisions of this section, state aid to any school district shall be reduced in proportion to the ratio that its local school tax effort falls below that required by subsection (2) of § 59-20-50.

(2) Reserved.

(3) Provisions for a phase-in plan of implementation

(a) As a result of the cost of implementing the foundation program at both state and local level as calculated in this section, there will be a phase-in implementation period of five years to assist in implementing the education finance program.

(b) Each year of the phase-in period the General Assembly shall specify the base student cost and the percentage of the difference between current funding and full funding of the defined minimum program which shall be achieved each year. It is the intent of this chapter that the full implementation of the foundation program from present funding level in present financing plans, in terms of real dollars, be achieved in substantially equal annual intervals over a period of five years; provided, that if a district increases its local effort annually by at least five percent in real dollars, the period of time for full implementation may be extended five years. However, it is recognized that, during periods of abnormally low growth in state revenue, appropriations may necessarily have to be reduced below the anticipated trend and that during periods of abnormally high revenue growth an effort would be made to restore progress in funding to achieve full implementation during the five year phase period. It is recognized further that, should the trend of growth in state revenue diverge substantially from historical experience, then the length of the phase period might be increased or decreased accordingly. Each local school district shall progress annually in eliminating the difference between its current funding and full funding of the defined minimum program at the same percentage as mandated by the General Assembly for statewide progress toward full funding; provided, that each district shall increase its local effort annually by at least the amount required in this section or by five percent in real dollar terms, or shall increase its millage for the local share of expenditures under the foundation program by at least two and one-half mills. Any district failing to make either the required local effort or the five percent increase in real dollars terms or the two and one-half mill increase will have its entitled increase in state aid reduced by the proportion that its actual increase in local effort falls below its required increase of five percent in real dollars, or two and one-half mills, whichever is less.

(4) Impact aid revenue shall be counted as local effort for purposes of computing actual local effort, in order to meet requirements of § 59-20-40(3) (b). Provided, however, that should the degree of equality achieved under this chapter prove insufficient to qualify South Carolina for utilizing impact aid in the school finance equalization plan, then impact aid would not be counted as local revenue.

(5) To qualify for funds provided in this chapter, each district must attain an average pupil-teacher ratio based on average daily membership in the basic skills of reading and mathematics in grades one through three of 21:1.

Provided, That any local district may apply to the State Board of Education for approval of a waiver to this subsection by submitting and justifying an alternative educational program to serve the basic skill needs of average daily membership in grades one through three.

The State Board of Education shall approve or disapprove of such waiver forty-five days after receipt of such application. Provided, Further, That beginning with Fiscal Year 1978-79, if a school district violates the provisions of this subsection, the state aid for the ensuing fiscal year to such school district shall be reduced by the percentage variance that the actual pupil-teacher ratios in such school district has to the required pupil-teacher ratios mandated in this Subsection.

Provided, That notwithstanding the provisions of this Section, the State Board of Education is authorized to waive the pupil-teacher requirements specified herein upon a finding that a good faith effort is being made by the school district concerned to comply with the ratio provisions but that for lack of classroom space which was beyond its control it is physically impossible for the district to comply for the Fiscal Years 1978-1979 and 1979-1980 and the cost of temporary classroom space cannot be justified.

It is the intent of the General Assembly that the average daily membership pupil-teacher ratio for grades 1 through 3 stipulated in the chapter be implemented to the extent possible on an individual class basis and that the pupil enrollment in these grades should not exceed twenty-eight pupils in each class.

(6) No district shall be required to increase local revenue if combined state and local revenue exceeds the amount necessary to meet the base student cost of the minimum foundation program at full implementation.

(7) [Deleted]

(8) The General Assembly shall annually provide the portion of the local required support of the foundation program required by the South Carolina Education Improvement Act of 1984 on the basis of the district's taxpaying ability in the annual general appropriation act.
http://www.myscschools.com/reports/97puptoc.htm

(2) 'Budget office' means the Office of State Budget in the Budget and Analyses Division of the State Budget and Control Board.

(3) 'Department' means the South Carolina Department of Revenue.

(4) 'Independent school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-56-10 may be met and that does not discriminate based on the grounds of race, color, or national origin. 'Independent school' includes home schools as provided in Article 1, Chapter 65, Title 59. (ARTICLE 1. COMPULSORY ATTENDANCE)

(5) 'Public school' means a public school as defined in Section 59-1-120. (SECTION 1-1-20. Effect of change of State boundary on bordering lands. [SC ST SEC 1-1-20])

Whenever the location of the State line has been or may be re-established and corrected by competent authority, the lines of bordering lands which were established and fixed according to the previous location of the State line shall not be changed by reason of such re-establishment and correction of the State line.

(6) 'Qualifying student' means an individual:

(a) who is:

(i) enrolled at an independent school ('Independent school' includes home schools) as a full-time student, as determined by the school, for which the school has a release of information form;

(ii) taught at home pursuant to Article 1, Chapter 65, Title 59; (SC ST SEC 59-65-40, 59-65-45, and 59-65-47) or

(iii) a resident of this State, and, if enrolled in a public school, is not a resident of the school district operating that public school;

(b) who is in kindergarten through grade twelve; and

(c) whose parent's or legal guardian's taxable income for South Carolina income tax purposes for the immediately preceding tax year is seventy-five thousand dollars (This is the "Adjusted Federal Taxable income, which is carried over to the State income tax) or less. For purposes of determining if an individual is a qualifying student, the seventy-five thousand dollar amount must be increased by five thousand dollars for each exemption in excess of two that is claimed on the income tax return of the parents or legal guardian. (And $75,000.00 + $5,000.00 per additional child, is the poor income families being served? Do you believe the upper class needs to get more money credits than the poor?) By December fifteenth of each year, the department shall adjust cumulatively the seventy-five thousand dollar amount and the five thousand dollar amount in the same manner that brackets are adjusted in Section 1(f) of the Internal Revenue Code.

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Section 12-18-40. The department may promulgate regulations to aid in the performance of its duties pursuant to this chapter.

Definition of Promulgate - To make known by open declaration, as laws, decrees, tidings; to make known publicly; to announce; to proclaim.
The department can make laws / regulations - It is written this way to keep from disclosing all the forms and added regulations for viewing now, which would clearly show the truth of this Bill, and would kill this Bill now!

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