§ 59-5-63 — Unencumbered time requirement; policies; school district adoptions.

(A)(1) The State Board of Education shall adopt and periodically revise as necessary a statewide policy that each local school board shall use to develop and implement a plan that directs the principal of each elementary school to provide at least thirty minutes of unencumbered time on each regular school day to all full-time teachers teaching in a grade between kindergarten through fifth grade. The policy also shall direct a principal of any elementary, middle, or high school to provide at least thirty minutes of unencumbered time on each regular school day to any teacher who is responsible for instructing a special education class for more than twenty percent of the school day with students who are removed from the general education setting. (2) The statewide policy also must provide: (a) the process that a local school board shall follow in developing an unencumbered time policy including, but not limited to, policy application, manner of application, and times of application; (b) "unencumbered time" is defined as at least thirty minutes without any assigned duties or responsibilities; (c) that unencumbered time may not be withheld or reduced unless it is reasonable and necessary due to extreme and unavoidable circumstances to ensure the safety and welfare of students and staff; (d) that additional compensation may not be offered in place of unencumbered time, except as provided by Section 59-5-63(A)(2)(c) and as prescribed in the policy; (e) penalties if a principal fails to comply with the local unencumbered time policy; and (f) penalties if a local school board fails to comply with this section. (B) The local school board shall adopt an unencumbered time policy at a regularly scheduled meeting within three months after the adoption of the statewide policy by the State Board of Education. The policy of a local school board must include, at a minimum, the policy of the State Board of Education but also may include additional provisions. If the State Board of Education revises the statewide policy, the local school board shall incorporate and adopt the revisions into the local unencumbered time policy at a regularly scheduled meeting within three months. (C) The local school board shall submit its unencumbered time policy and any subsequent revisions to the Department of Education within thirty days of adoption.

Legislative History

HISTORY: 1984 Act No. 280, SECTION 1; 2022 Act No. 176 (S.946), SECTION 1, eff May 16, 2022. Editor's Note 2022 Act No. 176, SECTION 2, provides as follows: "SECTION 2. The provisions of this act must be completely implemented before July 1, 2023." Effect of Amendment 2022 Act No. 176, SECTION 1, rewrote the section, providing at least thirty minutes of unencumbered time on each regular school day for all full-time public elementary school teachers.