Current Status Introducing Body:
HouseBill Number: 4414Ratification Number: 588Primary Sponsor: PhillipsType of Legislation: GBSubject: Schoolhouse Safety Alliance Act of 1994Date Bill Passed both Bodies: 19940602Computer Document Number: GJK/20201SD.94Introduced Date: 19940111Date of Last Amendment: 19940526Governor's Action: VDate of Governor's Action: 19950111Action on Governor's Veto: SType of Legislation: All Sponsors: Statewide Phillips Allison Waites Rudnick J. Wilder Jaskwhich Walker Corning Rogers Stuart Waldrop GambleTOL: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 4414 House 19950117 Veto sustained 4414 House 19950112 Debate adjourned upon veto until Tuesday, January 17, 1995 4414 ------ 19950111 Vetoed by Governor 4414 ------ 19940602 Ratified R 588 4414 House 19940602 Concurred in Senate amendment, enrolled for ratification 4414 Senate 19940527 Read third time, returned to House with amendment 4414 Senate 19940526 Amended, read second time 4414 Senate 19940504 Committee Report: Favorable 04 with amendment 4414 Senate 19940324 Introduced, read first time, 04 referred to Committee 4414 House 19940323 Read third time, sent to Senate 4414 House 19940322 Amended, read second time 4414 House 19940307 Debate adjourned 4414 House 19940301 Debate adjourned until Wednesday, March 2, 1994 4414 House 19940210 Committee Report: Favorable 21 with amendment 4414 House 19940111 Introduced, read first time, 21 referred to Committee 4414 House 19931215 Prefiled, referred to 21 CommitteeView additional legislative information at the LPITS web site.
AN ACT TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR CERTAIN COLLABORATION ACTIVITIES AMONG SCHOOLS, EDUCATIONAL AGENCIES, AND VARIOUS ENTITIES TO PREVENT SCHOOL VIOLENCE, FOR PARENTAL RESPONSIBILITY TO PREVENT SCHOOL VIOLENCE, AND FOR JUDICIAL RESPONSES TO SCHOOL VIOLENCE AND TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTICE TO HIS PARENTS, SO AS TO PROVIDE FOR CERTAIN OTHER NOTICES, FOR THE CONDITIONS UNDER WHICH THE CHILD MAY BE RELEASED, AND FOR OTHER RELATED MATTERS; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "Schoolhouse Safety Alliance Act of 1994".
SECTION 2. The General Assembly finds that a comprehensive approach is needed to attack the problems of juvenile crime and schoolhouse safety. This attack should be focused in three areas: collaboration to prevent school violence, parental responsibility, and judicial response. Recent legislation and procedures have established the precedent for addressing issues systemically. Solutions at the front end of problems rather than reactions after the fact have the best chance of making long-term differences. Pro-active prevention approaches, clear definition of the roles and responsibilities of schools and other local community agencies, parents who take responsibility for their child's action, and coordinated judicial response and penalties are combined as recommended policy of this State.
Schoolhouse Safety Alliance Act
SECTION 3. Title 59 of the 1976 Code is amended by adding:
Section 59-143-100. A statewide Schoolhouse Safety Resource Center at the State Department of Education is established in the manner the General Assembly shall provide in the annual general appropriations act. The center's mission is to provide information, technical assistance, and training on violence prevention and crisis management to the State's schools. The center, in cooperation with the Southern Region Violence and Substance Abuse Center and the School Violence Prevention Advisory Committee, shall review best practices in violence prevention and intervention, including strategies for collaboration with appropriate agencies, crisis management planning, and better use of the judicial system. The center also shall disseminate information on other safety concerns including natural disasters, accidents, and medical emergencies.
Section 59-143-110. Based on the review of best practice provided for in Section 59-143-100, the State Department of Education, through the Schoolhouse Safety Resource Center shall provide or contract for statewide school administrator training in the best practices for understanding, preventing and addressing student violence. The State Department of Education shall develop or select professional programs for faculty and designated staff of all schools to be trained in appropriate techniques, practices, and behavior to prevent and address student violence, including mediation. Curricula in nonviolent problems-solving techniques must be used in the professional development of the faculty and staff within a school to be applied in areas including, but not limited to:
(1) more effective adult interactions with students;
(2) adult modeling of nonviolent behaviors when problems erupt;
(3) expansion of wellness components in the comprehensive health curriculum promoting nonviolent living skills (as they apply to other appropriate school violence prevention) approaches; and
(4) differentiation between acceptable student behavior and unacceptable behavior (as it applies to the determination of students entering case management pursuant to Section 59-143-300); and
(5) training in crisis intervention.
In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools.
Section 59-143-120. The Schoolhouse Safety Resource Center shall provide regional planning workshops for county planning teams coordinating services as required in Section 59-143-140 and shall coordinate and provide for workshops for district planning groups as required by Section 59-143-160. Information developed and obtained from these workshops shall be shared with the school level teams required in Section 59-143-170.
Section 59-143-130. A School Violence Prevention Advisory Committee is created to provide technical and advisory assistance to the Schoolhouse Safety Resource Center. The Advisory Committee shall consist of service agency provider representatives including, but not limited to, representatives from the Department of Mental Health, the Department of Mental Retardation, the Department of Juvenile Justice, the Department of Health and Human Services, the Department of Social Services, the family court system, the Department of Health and Environmental Control, the Southern Region Violence and Substance Abuse Center, the Continuum of Care, the Center for Family in Society, John De La Howe, the State Department of Education, local education officials, and local law enforcement officials, shall be convened by the State Law Enforcement Division. The committee, shall recommend changes to each agency's regulations or provisions of law which would encourage prevention programs, non-punitive responses and earlier intervention for juveniles who are truant, runaways, or exhibit aggressive behavior and would better promote coordination of programs and response to these students. A report on the committee's findings and recommendations must be made to the House and Senate Education Committees and to the Joint Committee on Children and Families by November 1, 1994.
The Committee shall review annually the progress being made in the violence prevention plans required in Section 59-143-150. The Committee, using funds appropriated for the purpose by the General Assembly, shall contract with one or more nationally recognized experts in violence prevention to review the activities of the school districts and the Schoolhouse Safety Resource Center and make recommendations for improvements and report to the House Education and Public Works Committee and the Senate Education Committee no later than October 1, 1997.
The Committee also must review alternatives to incarceration for juvenile offenders, to include but not be limited to, supervised community service opportunities, community based programs such as halfway houses, wilderness programs, non-residential programs, and intensive services probation. A report on the recommendations must be provided to the House and Senate Judiciary Committees, the House and Senate Education Committees and the Joint Committee on Children and the Family by October 1, 1995.
The agencies and entities involved in the Advisory Committee shall direct their employees at the county and district levels to cooperate with the school district officials in all efforts to take a preventive approach to school violence and juvenile problems.
Section 59-143-140. Based on recommendations from the School Violence Prevention Advisory Committee as established in Section 59-143-130, a cooperating team consisting of representatives of all local health and human service agencies in a county, including representatives from all school districts located within the county, and local representatives from the Department of Juvenile Justice and Family Court system shall be convened by the sheriff's office in each county no later than January 15, 1995 to coordinate services designed to prevent school violence. A service coordination matrix must outline services provided by agencies in response to risk factors identified by the committee. Also to be included in the discussions, and where appropriate, in the service coordination matrix, are representatives of local youth groups, elected officials, and other individuals involved in services to youth. The sheriff's office in each county will submit a copy of the service coordination matrix, once completed, to the School Violence Prevention Advisory Committee and provide copies to the school district and schools and other local agencies as appropriate.
Section 59-143-150. The State Board of Education, through the Department of Education, is directed to develop regulations requiring that no later than September 1, 1996 each district and each school must develop a strategic violence prevention plan to establish goals for addressing the underlying causes of violence and develop plans for dealing with violence in school. The plans, to be known as the Schoolhouse Safety Alliance Plans, shall incorporate the requirements of the model safe schools checklist pursuant to Section 59-5-65(15), appropriate parts of the county service coordination matrix pursuant to Section 59-143-140, and the requirements of Section 59-143-170. Program evaluation measures must be integrated into the plan's design. Schools and districts may make the Safety Plans a part of the comprehensive plan pursuant to Section 59-139-10, if they so choose.
Section 59-143-160. The Schoolhouse Safety Alliance plans at the district level must be developed by a committee appointed by the district superintendent. Students, teachers, and parents must be a part of the committee. Representatives of all relevant local agencies engaged in law enforcement, juvenile probation and parole, juvenile corrections, fire protection, emergency preparedness, health and human services, and social rehabilitation are also to be included in the development of the plans. The Safety Alliance plans at the school level must be developed by a committee formed by the principal to include the membership of the School Improvement Council and other representatives as outlined for the district plan, as appropriate for the school setting.
Section 59-143-170. In acknowledgment that violence prevention needs to be a long-term priority for a school and school district, the Schoolhouse Safety Assistance plans shall be five year plans outlining violence reduction activities with goals set at one-year intervals. The comprehensive plan must take a variety of approaches which at a minimum should include:
(a) mediation training for school staff,
(b)adoption or adaption and implementation of violence prevention and conflict resolution training within the school's curriculum,
(c)mentoring programs, and
(d) training for parents in these topics at locations convenient for parents.
The violence prevention and conflict resolution curriculum developed or adapted by the schools must be kindergarten through grade twelve and appropriate to the students' age and grade; structured to provide consistent reinforcement throughout the school year and each student's school career; and flexible so as to be incorporated within the existing school day and year.
The school plan should be designed to reach outside the school and encourage supportive actions in the home and community including use of the curriculum by public and private service providers, organizations, groups, institutions, and agencies with their clients or members.
The curriculum must be in place no later than school year 1996-97, to be taught to all students in all grades of the public schools of this State. Should the plan include peer mediation, the parent/guardian must agree to allow the student to serve as a mediator.
Section 59-143-180. Each school district of this State shall institute in every school case management teams. The teams should consist of teachers, school administrators, parents, counselors, and representatives of health and social service agencies to work as units on behalf of students displaying signs of recurrent aggressive and violent behavior. The State Board of Education shall promulgate regulations to establish the criteria for these teams. Disciplinary records of students with recurrent bullying, aggressive and violent behaviors must be kept with clear anecdotal evidence of these behaviors and must show steps schools have taken to address the occurrences of these behaviors. Each district must develop policies for ensuring that such records are shared routinely with parents. The records must follow the student through school,however, when a student ceases to exhibit such behavior, the management team shall so note in the student's record. Each school district is responsible for developing a policy for schools to follow which ensures the confidential nature of these records. This policy must include at a minimum restricting access to the file and to its contents to school personnel as considered necessary and appropriate to meet and adequately address the needs of the student and for the destruction of these records upon the student's completion of secondary school or upon reaching twenty-one years of age. In implementing the provisions of this section, special emphasis shall be placed in elementary schools.
Section 59-143-190. By school year 1996-97, the institutions of higher education with teacher education programs must include in their courses for potential teachers training in mediation and conflict resolution techniques and best practice in violence prevention as identified by the Schoolhouse Safety Resource Center. Activities to incorporate such training shall be reported by each institution to the Commission on Higher Education which shall provide a summary report to the House and Senate Education Committees no later than February 1, 1997.
Section 59-143-200. In conjunction with the Department of Corrections, the Department of Juvenile Justice, and the Southern Region Violence and Substance Abuse Center, the State Department of Education through the Schoolhouse Safety Resource Center shall develop conflict resolution strategies to be taught to juveniles and young adults sentenced as youthful offenders in correctional facilities. These conflict resolution strategies also shall be offered as training programs to other public and private organizations for their use.
Section 59-143-300. Each school district shall establish a procedure for the schools in the district to convene case management teams to assist children identified as in need of guidance or counseling to prevent violent behavior as required in Section 59-143-140. Schools must consult with parents at the earliest instances of recurring problem behaviors and keep them informed when such behaviors continue. Parents of children identified as candidates for case management shall be required to participate in case management meetings and in seeking services recommended by the case management team. Every effort shall be made to schedule the meetings at the convenience of the parent. If a parent or guardian fails to comply with the request from a school to participate in the case management meetings or in seeking services, the school principal or his designee may apply to the family court for a summons ordering the parent or guardian to appear before the family court to explain the reason for such failure. The summons shall be issued upon request in the same manner that jury summons are issued. Failure to comply with the summons is punishable by contempt. When a school has exhausted all attempts to schedule a meeting during the parent's non-working hours, employers must grant leave to parents for participation in these meetings.
Section 59-143-310. The State Board of Education shall promulgate regulations requiring the parenting, family literacy, and parental involvement programs mandated by the Early Childhood Development and Academic Assistance Act to include instruction in nonviolent living skills.
Section 59-143-500. In conjunction with the State Department of Education and the South Carolina Bar, the judicial department shall develop and annually offer continuing legal education seminars to attorneys licensed to practice in this State in issues of youth violence. The General Assembly expresses its desire that the Supreme Court in mandating annual continuing legal education requirements require attorneys practicing in the field of family law to complete at least one hour annually in courses relating to youth violence.
Section 59-143-510. School officials must report to appropriate law enforcement agencies any Level III criminal behavior by a student as defined by regulations of the State Department of Education."
SECTION 4. Section 20-7-600 of the 1976 Code, as last amended by Act 571 of 1990, if further amended by adding a new subsection (I) to read:
"(I) Notwithstanding any other provision of law requiring confidentiality of juvenile records, when a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including any traffic or wildlife violations over which courts other than the family court have concurrent jurisdiction as provided in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-780."
Parents to appear; acceptable behavior; re-enrollment in school
SECTION 5. (A) The 1976 Code is amended by adding:
"Section 20-7-1351. In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order to appear before it parents of children identified as in need of services or counseling to prevent violent behavior, and upon finding that the child's behavior can be changed, the court may order an assessment of the family or family participation in treatment or services to improve the behavior. Parents may be held in contempt of court for failure to comply with the provisions of this section. Parents may be ordered by the family court to participate in family counseling or in other programs or services. The court may hold a parent in contempt and fine or otherwise sanction a parent for failure to comply. However, a contempt citation applied against an individual family member shall be applied only as a last resort, can only be applied if based upon willful noncompliance or noncooperation with the treatment, rehabilitative, or supervision services required by the court and then only until compliance with these requirements is obtained. Parents also may be referred to the Department of Juvenile Justice, the Department of Mental Health, the Continuum of Care for Emotionally Disturbed Children, the Department of Social Services, or to any recognized volunteer organization as appropriate, for family assessment, counseling, and service."
(B) The 1976 Code is amended by adding:
"Section 20-7-1352. The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."
(C) The 1976 Code is amended by adding:
"Section 20-7-1353. Probation and parole counselors are required to assist in the re-enrollment of all their clients who are children in the public schools upon the children's release from confinement facilities, and to bring all instances of a school's refusal to re-enroll or enroll a child to the attention of the Family Court judge, the State Department of Education and the appropriate local advocacy group for children."
Release of a child
SECTION 6. Section 20-7-600(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) When a child is not released pursuant to subsection (A), the officer taking the child into custody shall immediately notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and advise the officer if, in his opinion, there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state:
(1) the facts of the offense;
(2) the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the officer to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a crime as defined in Section 20-7-600(F) the child may be released only by the officer who took the child into custody. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for such release."
Detention and release of child
SECTION 7. Section 20-7-600(F) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(F) When the officer who took the child into custody determines that placement of a juvenile outside the home is necessary, the authorized representative of the Department of Juvenile Justice shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies; and:
(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order.
A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for such release."
SECTION 8. This act takes effect upon approval by the Governor.
In the Senate House ____________________________________________.
President of the Senate
Speaker of the House of Representatives
Approved the ____________ day of ________________________, 1994.
Printer's Date -- June 8, 1994 -- S.