House Amendment 4
H 5164 - Session 125 (2023-2024)
Education Scholarship Trust Fund
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Rep. W. Jones proposes the following amendment (LC-5164.WAB0007H):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 8, Title 59 of the S.C. Code is amended by adding:

 Section 59-8-147. (A) An education service provider shall not discriminate on the basis of:
  (1) race;
  (2) ethnicity;
  (3) national origin;
  (4) religion;
  (5) gender;
  (6) sexual orientation;
  (7) gender identity; or
  (8) disability.
 (B) An education service provider shall:
  (1) admit students of any race, ethnicity, national origin, religion, gender, sexual orientation, gender identity, or disability to all rights, privileges, programs, and activities generally accorded or made available to students;
  (2) not discriminate in the administration of educational policies, admissions, scholarships, or other school-administered programs;
  (3) ensure that students with disabilities have equal access to programs and services;
  (4) provide a safe and inclusive learning environment free from harassment, bullying, and intimidation.
 (C) The department shall:
  (1) conduct regular compliance reviews to ensure participating schools are meeting nondiscrimination requirements of this section;
  (2) establish a complaint process for students and families to report discrimination concerns; and
  (3) provide training and resources for participating schools to support nondiscrimination compliance.
 (D) If an education service provider is found to be in violation of this section:
  (1) the department shall prohibit the education service provider from receiving payments from any ESTF account; and
  (2) if compliance is not fully achieved within a reasonable timeframe established by the department, not to exceed three years, the department shall bar the education service provider from participating in the program or receiving payments from any ESTF account. If the board bars an education service provider pursuant to this item, it must comply with the notification requirements of Section 58-8-140(D)(1) and the decision is subject to appeal pursuant to the Administrative Procedures Act.
 (E) The provisions of this section apply:
  (1) in addition to the requirements of Section 59-8-150(A)(3); and
  (2) notwithstanding another provision of this chapter

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 59-8-150(F)(5) of the S.C. Code is amended to read:

(5) education service providers shall not be required to alter their creeds, practices, admissions policy, or curriculum in order to accept payments by a parent from an ESTF account, except to the extent need to comply with the nondiscrimination provisions of Section 59-8-147.