South Carolina General Assembly
109th Session, 1991-1992

Bill 4390


                    Current Status

Introducing Body:               House
Bill Number:                    4390
Ratification Number:            643
Act Number:                     506
Primary Sponsor:                Corning
Type of Legislation:            GB
Subject:                        School trustees, disciplining
                                record of students
Date Bill Passed both Bodies:   Jun 04, 1992
Computer Document Number:       JIC/6062.HC
Governor's Action:              S
Date of Governor's Action:      Jul 01, 1992
Introduced Date:                Feb 12, 1992
Date of Last Amendment:         Jun 03, 1992
Last History Body:              ------
Last History Date:              Jul 01, 1992
Last History Type:              Act No. 506
Scope of Legislation:           Statewide
All Sponsors:                   Corning
                                Wright
                                Shissias
                                Quinn
                                Wilkes
                                Waites
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4390  ------  Jul 01, 1992  Act No. 506
 4390  ------  Jul 01, 1992  Signed by Governor
 4390  ------  Jun 04, 1992  Ratified R 643
 4390  House   Jun 04, 1992  Concurred in Senate
                             amendment, enrolled for
                             ratification
 4390  Senate  Jun 04, 1992  Read third time, returned
                             with amendment
 4390  Senate  Jun 03, 1992  Read second time, unanimous
                             consent for third reading on
                             Thursday, June 4, 1992
 4390  Senate  Jun 03, 1992  Amended
 4390  Senate  Jun 02, 1992  Polled out of Committee:        04
                             Favorable with amendment
 4390  Senate  Apr 23, 1992  Introduced, read first time,    04
                             referred to Committee
 4390  House   Apr 22, 1992  Read third time, sent to
                             Senate
 4390  House   Apr 21, 1992  Amended, read second time
 4390  House   Mar 26, 1992  Committee Report: majority      21
                             favorable, with amendment,
                             minority unfavorable
 4390  House   Feb 12, 1992  Introduced, read first time,    21
                             referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A506, R643, H4390)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-217 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER NONSCHOOL RECORDS, THE PRIOR DISCIPLINARY RECORDS IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AS THESE RECORDS RELATE TO VIOLATIONS OF CERTAIN OFFENSES TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL FOR UP TO ONE YEAR, TO REQUIRE NOTICE, A HEARING, AND OTHER PROCEDURAL RIGHTS APPLICABLE TO EXPULSIONS FOR STUDENTS SUBJECT TO THE BAR ALLOWED BY THIS SECTION, AND TO PROVIDE THAT A STUDENT MAY REAPPLY FOR ENROLLMENT AFTER THE BAR IS LIFTED AND THE BOARD SHALL ORDER THE STUDENT ENROLLED IF HE IS OTHERWISE QUALIFIED.

Be it enacted by the General Assembly of the State of South Carolina:

Enrollment

SECTION 1. Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-217. (A) In determining whether or not a student meets the standards of conduct and behavior promulgated by the board of trustees as necessary for first time enrollment and attendance in a school in the district, the board shall consider non-school records, the student's disciplinary records in any school in which the student was previously enrolled as these records relate to the adjudication of delinquency in any jurisdiction, within or without this State, of violations or activities which constitute violent crimes under Section 16-1-60 or which involve the unlawful use or possession of weapons or the unlawful sale of drugs whether or not deemed to be drug trafficking. Based on this consideration of the student's record, the board may bar his enrollment in the schools of the district.

(B) If the board bars a student from enrolling pursuant to this section, notice must be provided to the student's parent or legal guardian and the student is entitled to a hearing and all other procedural rights afforded under state law to a student subject to expulsion.

(C) The bar to enrollment allowed by this section applies for a maximum of one year. After the bar is lifted, a student may reapply for enrollment and the board shall order the student enrolled if he otherwise meets enrollment criteria."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 1st day of July, 1992.