Current Status Introducing Body:Senate Bill Number:1112 Primary Sponsor:Ryberg Committee Number:25 Type of Legislation:GB Subject:Student with weapon Residing Body:House Current Committee:Judiciary Computer Document Number:1112 Introduced Date:19940202 Last History Body:House Last History Date:19940516 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Ryberg Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
1112 House 19940516 Introduced, read first time, 25
referred to Committee
1112 Senate 19940512 Read third time, sent to House
1112 Senate 19940511 Read second time
1112 Senate 19940504 Committee Report: Favorable 04
1112 Senate 19940202 Introduced, read first time, 04
referred to Committee
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COMMITTEE REPORT
May 4, 1994
S. 1112
S. Printed 5/4/94--S.
Read the first time February 2, 1994.
To whom was referred a Bill (S. 1112), to amend Section 59-63-240 of the Code of Laws of South Carolina, 1976, relating to expulsion from school for the remainder of the year, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
NIKKI G. SETZLER, for Committee.
TO AMEND SECTION 59-63-240 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPULSION FROM SCHOOL FOR THE REMAINDER OF THE YEAR, SO AS TO PROVIDE THAT THE IDENTITY OF A STUDENT WHO INFORMS A TEACHER OR AN ADMINISTRATOR THAT ANOTHER STUDENT IS IN POSSESSION OF A FIREARM ON SCHOOL PROPERTY OR AT A SCHOOL-SPONSORED EVENT SHALL BE DEEMED CONFIDENTIAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-63-240 of the 1976 Code is amended to read:
"Section 59-63-240. The board may expel for the remainder of the school year a pupil for any of the reasons listed in Section 59-63-210.
If procedures for expulsion are initiated, the parents or legal guardian of the pupil shall be notified in writing of the time and the place of a hearing either before the board or a person or committee designated by the board. At the hearing the parents or legal guardian shall have the right to legal counsel and to all other regular legal rights including the right to question all witnesses. However, if the conduct that is at issue in the expulsion hearing includes possession of a firearm on school property or at a school-sponsored event, the identity of a student who informed a teacher or an administrator that a fellow student was in possession of a firearm on school property or at a school-sponsored event is deemed confidential and the student informer shall not be required to appear at the hearing. In such instances, an expulsion shall not fail for want of the student informer's testimony. However, under no circumstances shall a student accused of possessing a firearm on school property or at a school-sponsored event be expelled unless it can be proven by means other than by the testimony of the confidential informer that the student was in possession of a firearm. If the hearing is held by any authority other than the board of trustees, the right to appeal the decision to the board is reserved to either party. The hearing shall take place within fifteen days of the written notification at a time and place designated by the board and a decision shall be rendered within ten days of the hearing. The pupil may be suspended from school and all school activities during the time of the expulsion procedures. The action of the board may be appealed to the proper court. The board may permanently expel any incorrigible pupil."
SECTION 2. This act takes effect upon approval by the Governor.