Current Status Bill Number:339 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970211 Primary Sponsor:Jackson All Sponsors:Jackson Drafted Document Number:res1178.dj Companion Bill Number:3530 Residing Body:Senate Current Committee:Education Committee 04 SED Subject:School students, may be excused for off-campus religious instruction; Schools and school districts
Body Date Action Description Com Leg Involved
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Senate 19970211 Introduced, read first time, 04 SED
referred to Committee
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TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460, SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED; AND TO AMEND SECTION 59-1-440 OF THE 1976 CODE, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT NOTHING IN SECTION 59-1-440 SHALL BE CONSTRUED SO AS TO RESTRICT A STUDENT'S PARTICIPATION IN A PROGRAM OF OFF-CAMPUS RELIGIOUS INSTRUCTION PURSUANT TO SECTION 59-1-460, AND TO FURTHER PROVIDE THAT TIME SPENT IN A PROGRAM OF OFF-CAMPUS RELIGIOUS INSTRUCTION SHALL BE INCLUDED AS A PART OF THE INSTRUCTIONAL DAY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-460. The school district board of trustees may authorize a student to be excused from school to attend a class in religious instruction if:
(1) the student's parent or guardian gives his written consent;
(2) the sponsoring religious institution maintains attendance records and makes them available to the public school the student attends;
(3) transportation to and from the religious instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring religious institution, parent, or guardian;
(4) the sponsoring religious institution makes provisions for and assumes liability for the student who is excused; and
(5) no public funds and no public school personnel are involved in providing the religious instruction.
At the elementary school, middle school, junior high school, or high school level, classes in religious instruction shall be held at a time determined by local school board policy. It is the responsibility of a participating student to make up any missed school work.
While in attendance in a religious instruction class pursuant to this section, a student is not considered to be absent from school.
The board of trustees of the school district shall develop a policy that provides reasonable parameters for the release time authorized by this section, including the academic and behavior standards to be met by students before qualifying for release time."
SECTION 2. Section 59-1-440 of the 1976 Code is amended to read:
"Section 59-1-440. The instructional day for secondary students must be at least six hours a day, or its equivalent weekly, excluding lunch. The school day for elementary students must be at least six hours a day, or its equivalent weekly, including lunch. Before varying the length of the school day, the administration must consult with the affected parents of students and school faculty, and obtain authorization to vary the length of the school day from the school district board of trustees. Nothing in this section shall be construed so as to restrict a student's participation in a program of off-campus religious instruction pursuant to Section 59-1-460. Time spent in a program of off-campus religious instruction shall be included as a part of the instructional day for purposes of this section.
Elementary and secondary schools may reduce the length of the instructional day to not less than three hours on not more than three days each school year for staff development or for the purpose of administering end-of-semester and end-of-year examinations.
The early dismissal of schools necessitated by emergency conditions related to weather or other extreme circumstances affecting the health, safety, and welfare of students must be reported in writing to the Director of the Office of Organizational Development of the Department of Education within ten days of the conclusion of the emergency for approval. The report must include a justification for the early dismissal. If approved, the day or days missed are not required to be made up. During the first three school years of implementation of this approval provision, the schools dismissing early and number of days approved to not be made up must be reported by the State Superintendent of Education to the Senate Education Committee and the House Education and Public Works Committee.
Priority during the instructional day must be given to teaching and learning tasks. Class interruptions must be limited only to emergencies. Volunteer blood drives as determined by the principal may be conducted at times which would not interfere with classroom instruction such as study period, lunch period, and before and after school."
SECTION 3. This act takes effect August 1, 1997.