Senate Amendment 35
H 5100 - Session 125 (2023-2024)
Budget
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S E N A T E A M E N D M E N T

   AMENDMENT NO. _____

ALLEN/NEWBOULT

CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT April 23, 2024

3108960889000

Clerk of the Senate

   ADOPTION NO. _____

BILL NO: H.5100  (Reference is to Printer's Date 04/23/24-S.)

04572000

 Senators CAMPSEN and TALLEY propose the following amendment (SA\5100C013.JN.SA24.DOCX):

 Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, beginning on page 292, by striking proviso 1.49 and inserting:

/ 1.49. (SDE: Interscholastic Athletic Association Dues) (A) A public school district supported by state funds shall not use any funds or permit any school within the district to use any funds to join, affiliate with, pay dues or fees to, or in any way financially support any interscholastic athletic association, body, or entity unless the constitution, rules, or policies of the association, body, or entity contain the following:

  (1) a range of graduated sanctions that may be applied to a student, coach, team, or program and that takes into account factors such as the seriousness, frequency, and other relevant factors when there is a violation of the constitution, bylaws, rules, or other governing provisions of the association, body, or entity; when there is a violation of the constitution, bylaws, rules, or other governing provisions of the association, body, or entity, provided:

   (a) prior to the issuance of a sanction, the following factors must be considered:

    (i) the seriousness of a violation including, but not limited to, the degree in which a violation made a material difference in the outcome of a contest, if applicable;

    (ii) the frequency in which a violation is committed;

    (iii) whether a violation was wilful;

    (iv) whether a violation was self-reported; and

    (v) the sanction imposed for a similar violation in the states of Florida, Georgia, and North Carolina;

   (b) a violation solely by a coach of a team may not include a sanction that prohibits the team from participating in the relevant sport during the regular season or for a region or state championship; and

   (c) a violation by a school that is not wilful and that is self-reported by the school may not prohibit a team from the school from participating for a region or state championship;

  (2) a requirement that a complaint of an alleged violation must be signed by a complainant to prompt an investigation;

  (2)(3)(a)  guarantees that private or charter schools are afforded the same rights and privileges that are enjoyed by all other members of the association, body, or entity. A private or charter school may not be expelled from or have its membership unreasonably withheld by the association, body, or entity or restricted in its ability to participate in interscholastic athletics including, but not limited to, state playoffs or championships based solely on its status as a private school or charter school. The association, body, or entity shall set reasonable standards for private or charter school admission. A private or charter school denied membership must be provided, in writing within five business days, the reason or reasons for rejection of its application for membership;

   (b) guarantees that a South Carolina home school athletic team that is a member of a home school athletic association may not be denied access to preseason and regular season interscholastic athletics including, but not limited to, jamborees and invitational tournaments, based solely on its status as a home school athletic team; other rules or policies of the association, body, or entity would apply;

  (3)(4)(a) an appeals process in which appeals of the association, body, or entity, or a staff member of an association, body, or entity, are made to a disinterested third-body appellate panel which that consists of seven members who serve four year terms, with one person appointed by the delegation of each congressional district;

   (b) a member of the panel serves until his successor is appointed and qualifies. A member of the panel may not concurrently serve as an officer of the association, body, or entity and must not have served as a member of an executive committee of the association, body, or entity within the prior three years. A vacancy on the panel is filled in the manner of the original appointment;

   (c) members of the appellate panel do not concurrently serve as officers of the association, body, or entity and may not have served as a member of the executive committee within the last three years. Principals principals and superintendents are able to appeal a ruling of the association, body, or entity, or a staff member of an association, body, or entity, directly to the panel. The request for an appeal of a sanction stays the enforcement of the sanction pending the outcome of the appeal. The appellate panel also must provide the final ruling in any appeal brought against a decision of the association, body, or entity, or a staff member of an association, body, or entity;

   (d) the appellate panel must establish a hearing process that affords the procedural due process protections of the fourteenth amendment including, but not limited to, the right of an alleged rule violator to cross-examine witnesses and to offer evidence in explanation or rebuttal. A two-thirds vote of the appellate panel members present and voting is required to uphold a sanction that prohibits a team from participating in one or more regular season games or from participating for a region or state championship. The panel must determine all other issues before it by majority vote of the members present and voting;

  (4)(5) a procedure in place for emergency appeals to be held and decided upon in an expedited manner if the normal appellate process would prohibit the participation of a student, team, program, or school in an athletic event, to include practices;

  (6) a uniform system applicable to all member schools establishing fines for the cancellation of a scheduled game regardless of if the game is in or out of region. At a minimum, the school canceling the scheduled game must be fined an amount equal to the cost incurred for officials, tickets, and concessions. If the game is rescheduled or cancelled for a documented health or safety reason the school shall not be fined; and

  (5)(7) provisions, implemented within one year after the effective date of this section, that require the composition of the executive committee of the association, body, or entity be geographically representative of this State.

 (B) In the event an association, body, or entity fails to include one of the items listed in this proviso, public school districts and schools must end their affiliation with the association, body, or entity prior to the beginning of the upcoming school year and are prohibited from paying dues or fees to the association, body, or entity.

 (C) Eligibility requirements for new students to participate in interscholastic athletics shall be no more restrictive in language or application than the rules or policies of the association, body, or entity that were in effect on January 1, 2020.

/ 

 Amend sections, totals and title to conform.