South Carolina Code of Laws
Chapter 18 - Education Accountability Act
Section 59-18-1635. State-of-education emergency declarations for schools.

(A) The State Superintendent of Education may seek a state-of-education emergency declaration for a school that he has the capacity to serve under the following circumstances:
(1) the school is chronically underperforming;
(2) the school's accreditation is denied; or
(3) the State Superintendent of Education determines that a school's turnaround plan results are insufficient.
(B) If the State Superintendent of Education determines that a school state-of-education emergency declaration is justified, then he must request that the State Board of Education meet to approve or disapprove the declaration. The State Board of Education must meet within ten days of the request to approve or disapprove the declaration.
(C) Upon the approval of a state-of-education emergency declaration, the State Superintendent of Education shall:
(1) notify the appropriate district superintendent, local school board, and local legislative delegation and the Governor; and
(2) assume management of the school.
(D) The local district board may, upon a majority vote, appeal the State Board of Education's approval of the declaration to the Administrative Law Court within ten business days of receipt of the notice of the declaration. A request for a hearing must be made in accordance with the court's rules; provided, however, that a request for a contested case hearing for an emergency declaration does not stay the declaration.
(E) Once a school subject to subsection (C) has met annual targets identified in the revised strategic plan for sustained improvement for a minimum of three consecutive years, the State Superintendent of Education shall submit to the State Board of Education documentation of such. Upon an affirmative vote by the State Board of Education to end the state-of-education emergency, the department, in consultation with the district and local board of trustees, shall develop a transition plan and timeline for returning management of the school to the district.
(F) After a school has been in a state-of-education emergency for three consecutive years, the State Superintendent of Education may extend the state-of-education emergency for an additional three-year period only upon the approval of the State Board of Education. The State Superintendent of Education may make requests every three years, which must be approved or disapproved by the board. If the State Superintendent of Education does not request additional time, or if the State Board of Education disapproves a request, then the school shall revert back to the control of the local school board.
HISTORY: 2021 Act No. 44 (S.201), Section 1, eff July 1, 2022.

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