The Committee on Education proposes the following amendment (SEDU-4163.DB0002S):

Amend the bill, as and if amended, SECTION 2, by striking Section 59-9-110(1)(a), (b), (c), (d), (e), (f), and (g) and inserting:

  (a) one member from each classification selected by a vote of the respective schools, provided that the number of members selected from this item shall not number more than five, whose terms must be set by the body but may not exceed two years;one superintendent member or his designated district level administrator, one principal member who shall be a member of the South Carolina Association of School Administrators (SCASA) secondary affiliate and one athletic administrator who shall be a member of the South Carolina Athletic Administrators Association, from each classification selected by a vote of the respective schools;
  (b) two members appointed by the Chair of the House Education and Public Works Committee, who shall serve at the pleasure of the chairwho are not employees of any high school league member school or its school ;district;
  (c) two members appointed by the Chair of the Senate Education Committee, who shall serve at the pleasure of the chairwho are not employees of any high school league member school or its school district;
  (d) one member appointed by the State Superintendent of Education or his designee upon the recommendation of the South Carolina Association of School Administrators, or its successor, to serve at his pleasure and who shall chair the executive committee;
  (e) two members who are current athletic officials, one each appointed by the Speaker of the House and President of the Senate, for a term of two yearsone middle school representative, selected by a vote of the respective schools but must be a superintendent, principal or athletic director;
  (f) one member appointed by the South Carolina Athletic Coaches Association or its successor organization, who shall serve a term of two yearsone representative from private member schools and one representative from charter member schools selected by a vote of the respective schools but must be a superintendent, principal or athletic director; and
  (g) two members appointed by the Governor, one who must be a current principal upon the recommendation of the South Carolina Association of School Administrators or its successor organization and one upon the recommendation of the South Carolina Athletic Administrators Association or its successor organization, each of whom shall serve a term of two yearsthe executive committee chairman shall be elected annually by the membership of the executive board. A chairman may not serve in this capacity more than two consecutive years.
  (h) the elected members shall serve staggered terms with the odd-numbered classifications originally serving three-year terms and the even numbered classifications serving two-year terms. The remaining appointments shall serve three-year terms. A committee member shall not serve more than two consecutive three-year terms.

Amend the bill further, SECTION 2, by striking Section 59-9-110(2), (3), (4), (5), and (6) and inserting:

 (2) A provision requiring that the an interscholastic athletic association, body, or entity be subject to audits performed by the Legislative Audit Council. For the purpose of this item an interscholastic athletic association, body or entity is an "agency" for the purpose of Section 2-2-10(1).
 (3) A provision requiring that the interscholastic athletic association, body, or entity shall submit its annual budget to the General Assembly and be subject to appearing before the House Ways and Means Committee and the Senate Finance Committee.
 (4) A provision requiring that the interscholastic athletic association, body, or entity must be subject to legislative oversight as provided in Chapter 2, Title 2.
 (5) A provision requiring that the commissioner of the interscholastic athletic association, body, or entity shall file an annual Statement of Economic Interest with the South Carolina Ethics Commission.
 (6) A provision requiring that any employment contract with the commissioner of the interscholastic athletic association, body, or entity may not:
  (a) exceed three years; or
  (b) contain an automatic rollover renewal provision.;or
  (c) be renewed yearly prior to the expiration of the current contract.

Amend the bill further, SECTION 2, by striking Section 59-9-110(7)(b) and inserting:

  (b) considers factors such as seriousness, frequency, and other relevant factors when there is a violation of the constitution, bylaws, rules, or other governing provisions of the interscholastic athletic association, body, or entity.

Amend the bill further, SECTION 2, by striking Section 59-9-110(8)(a) and inserting:

  (a) afford a private school or a charter school the same rights and privileges that are enjoyed by all other members of the interscholastic athletic association, body, or entity;

Amend the bill further, SECTION 2, by striking Section 59-9-110(8)(d) and (e) and inserting:

  (d) require the establishment of reasonable standards for the admission of private schools and charter schools as members of the interscholastic athletic association, body, or entity; and
  (e) require that when a private school or a charter school is denied membership in the interscholastic athletic association, body, or entity, the school must be provided the reason or reasons for the rejection of its application for membership in writing within five business days after the denial.

Amend the bill further, SECTION 2, by striking Section 59-9-110(9) and inserting:

 (9) A provision that guarantees 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; provided, however, all other rules or policies of the interscholastic athletic association, body, or entity must apply.

Amend the bill further, SECTION 2, by striking Section 59-9-110(12)(g)(ii) and inserting:

    (ii) class and enrollment requirements of the interscholastic athletic association, body or entity which administers the interscholastic sports;

Amend the bill further, SECTION 2, by striking Section 59-9-110(12)(h) and (i) and inserting:

   (h) student and the student's parent or guardian agrees for the student to be subject to the code of conduct of the public school; and
   (i) student has not been expelled from the same public school during the same academic year.; and
   (j) the percentage of private school students on a public-school athletic team may not exceed ten percent.

Amend the bill further, SECTION 2, by striking Section 59-9-110(13) and inserting:

 (13) A provision that allows the participation of private school students in interscholastic athletic programs supervised by the entity.
 (14)(13) A provision that establishes uniform eligibility requirements for new students to participate in interscholastic athletics. These eligibility requirements may not be more restrictive in language or application than the rules or policies of the interscholastic athletic association, body, or entity that were in effect on January 1, 2020.
 (15)(14) A provision that the interscholastic athletic association, body, or entity may not apply public school academic, athletic, or extracurricular policies or procedures to any private school that a student attends if the student also participates in a public high school league sport pursuant to the terms of this chapter, except for requirements related to maintaining a certain grade-point average and grade level for participating in and attending regularly scheduled practices of the sports team.

Amend the bill further, SECTION 2, by striking Section 59-9-110 and inserting:

 (15)(14) A provision that the interscholastic athletic association, body, or entity may not apply public school academic, athletic, or extracurricular policies or procedures to any private school that a student attends if the student also participates in a public high school league sport pursuant to the terms of this chapter, except for requirements related to maintaining a certain grade-point average and grade level for participating in and attending regularly scheduled practices of the sports team.
 (16)(15) A provision that the interscholastic athletic association, body, or entity shall establish a multiplier system for the purpose of classification that considers a school's geographic location, student population to include but not limited to out-of-attendance zone students, adequate number of roster players to safely field a team, and performance in each sport in which it participates. A school with a satellite or auxiliary campus must be counted as one school for the purpose of this item.

Amend the bill further, SECTION 2, by striking Section 59-9-120 and inserting:

 Section 59-9-120. (A) Notwithstanding any athlete transfer rules and policies adopted by the interscholastic athletic association, body, or entity, a student who attends a school outside of his attendance zone may immediately participate in interscholastic competitions if the student is otherwise academically eligible and the following conditions are met:
  (1) for students enrolled in middle school, the interscholastic athletic association shall allow a one-time transfer after eligibility is established in the seventh grade; and
  (2) for students enrolled in high school, the interscholastic athletic association shall allow a one-time transfer after eligibility is established in the ninth grade.
 (B) this section does not apply if the student transfers because of a bona fide residency change and a student may not participate in any interscholastic competitions or practices of a school until he is registered in the school.

Amend the bill further, SECTION 2, by striking Section 59-9-130(A) and inserting:

 (A) The interscholastic athletic association, body, or entity shall establish an appeals process through which appeals of decisions by the interscholastic athletic association, body, or entity may be made to a disinterested third-party appellate panel. The panel must consist of seven members who serve four-year terms, with one person appointed by the delegation of each congressional district.

Amend the bill further, SECTION 2, by striking Section 59-9-130(B)(2) and (3) and inserting:

  (2) Members of the appellate panel may not concurrently serve as officers of the interscholastic athletic association, body, or entity and may not have served as a member of the executive committee within the three-year period immediately preceding their appointment to the appellate panel.
  (3) Principals and superintendents may appeal a ruling of the interscholastic athletic association, body, or entity to the panel. The appellate panel also must provide the final ruling in any appeal brought against a decision of the interscholastic athletic association, body, or entity.

Amend the bill further, SECTION 2, by striking Section 59-9-130(C) and inserting:

 (C) The interscholastic athletic association, body, or entity shall establish and ensure a procedure 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 competitions and practices.

Amend the bill further, SECTION 2, by deleting Section 59-9-140 from the bill.

Amend the bill further, by striking SECTION 3 and inserting:

SECTION X. Section 2-2-10(1) of the S.C. Code is amended to read:

 (1) "Agency" means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive or judicial departments of state government, including administrative bodies. "Agency" includes a body corporate and politic established as an instrumentality of the State. "Agency" may include other such entities as prescribed by law. "Agency" does not include:
  (a) the legislative department of state government; or
  (b) a political subdivision.

SECTION X. Section 2-15-50 of the S.C. Code is amended to read:

 Section 2-15-50. For the purpose of this chapter "state agencies" means all officers, departments, boards, commissions, institutions, universities, colleges, bodies politic and corporate of the State and any other person or any other administrative unit of state government or corporate outgrowth of state government or any interscholastic athletic association, body or entity as prescribed by law, expending or encumbering state funds by virtue of an appropriation from the General Assembly, or handling money on behalf of the State, or holding any trust funds from any source derived, but does not mean or include counties.
 For the purposes of this chapter, "audit" means a full-scope examination of and investigation into all state agency matters necessary to make a determination of:
 (a)(1) whether the entity is acquiring, protecting, and using its resources, such as personnel, property, and space, economically and efficiently;
  (2) the causes of inefficiencies or uneconomical practices; and
  (3) whether the entity has complied with laws and regulations concerning matters of economy and efficiency; and
 (b)(1) the extent to which the desired results or benefits established by the General Assembly or other authorizing body are achieved;
  (2) the effectiveness of organizations, programs, activities, or functions and whether these organizations, programs, activities, or functions should be continued, revised, or eliminated; and
  (3) whether the entity has complied with laws and regulations applicable to the program.

Renumber sections to conform.

Amend title to conform.