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.

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. Within thirty days after adoption of a local policy or revision to the policy, a governing body must submit a copy of the policy or revision to the State Superintendent of Education for approval by the State Board of Education. The provisions of this bill, as amended, must be implemented before July 1, 2025.

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 Oppor