Bill 1071

                    Current Status

Bill Number:                    1071
Ratification Number:            408
Act Number:                     368
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19960130
Primary Sponsor:                Leventis
All Sponsors:                   Leventis, Fair, Thomas, Martin and
                                Hayes 
Drafted Document Number:        pfm\7825sd.96
Date Bill Passed both Bodies:   19960515
Governor's Action:              S
Date of Governor's Action:      19960529
Subject:                        Physical education courses in
                                schools

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960613  Act No. A368
------  19960529  Signed by Governor
------  19960523  Ratified R408
House   19960515  Read third time, enrolled for
                  ratification
House   19960514  Read second time
House   19960509  Committee report: Favorable              21 HEPW
House   19960307  Introduced, read first time,             21 HEPW
                  referred to Committee
Senate  19960306  Read third time, sent to House
Senate  19960305  Read second time, notice of
                  general amendments
Senate  19960229  Committee report: Favorable              04 SED
Senate  19960130  Introduced, read first time,             04 SED
                  referred to Committee

(A368, R408, S1071)

AN ACT TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.

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

Exemption procedure

SECTION 1. Section 59-29-80 of the 1976 Code is amended to read:

"Section 59-29-80. (A) There shall be established and provided in all the public schools of this State physical education, training and instruction of pupils of both sexes, and every pupil attending any school, in so far as he is physically fit and able to do so, shall take the course or courses provided by this section. Suitable modified courses shall be provided for students physically or mentally unable or unfit to take the course or courses prescribed for normal pupils. However, in any public school which offers a military or naval ROTC program sponsored by one of the military services of the United States, training in such a program may be deemed equivalent to physical education instruction, and may be accepted in lieu of such instruction for all purposes, academic or nonacademic, as may hereinafter be provided.

(B) A student may be exempted from physical education requirements by seeking a waiver from the local school board of trustees. The local board may grant such a request based on the following criteria:

(1) The student must present a statement by his attending physician indicating that participation in physical education will jeopardize the student's health and well-being; or

(2)(a) The parent and student must show that the student's attending physical education classes will violate their religious beliefs and would not be merely a matter of personal objection; and

(b) the parent or student must be members of a recognized religious faith that objects to physical education as part of its official doctrine or creed.

The local board shall encourage the student to take, as an alternative to physical education, appropriate instruction in health education or other instruction in lifestyle modification if an exemption is granted pursuant to this section."

Time effective

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

Approved the 29th day of May, 1996.