South Carolina General Assembly
117th Session, 2007-2008

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S. 198

STATUS INFORMATION

General Bill
Sponsors: Senators Ritchie, Richardson, Mescher, Knotts, Fair, Lourie and Ford
Document Path: l:\s-res\jhr\006dist.dag.doc

Introduced in the Senate on January 9, 2007
Currently residing in the Senate

Summary: Disturbing schools

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2006  Senate  Prefiled
  12/13/2006  Senate  Referred to Committee on Judiciary
    1/9/2007  Senate  Introduced and read first time SJ-117
    1/9/2007  Senate  Referred to Committee on Judiciary SJ-117
   1/17/2007  Senate  Referred to Subcommittee: Hutto (ch), Jackson, Knotts, 
                        Bryant
   4/12/2007  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-17

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/13/2006
4/12/2007

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

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Indicates New Matter

COMMITTEE REPORT

April 12, 2007

S. 198

Introduced by Senators Ritchie, Richardson, Mescher, Knotts, Fair, Lourie and Ford

S. Printed 4/12/07--S.

Read the first time January 9, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 198) to amend Section 16-17-420, Code of Laws of South Carolina, 1976, relating to the offense of disturbing schools, to provide greater specificity for the types, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 2, by striking lines 19-23 in their entirety and inserting:

/        (2)    Any adult violating item (2) of subsection (A) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not less than one hundred dollars, nor more than two thousand dollars, or be imprisoned for not less than ninety days, nor more than one year.        /

Renumber sections to conform.

Amend title to conform.

C. BRADLEY HUTTO for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

A Cost to the General Fund (See Below)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

Department of Juvenile Justice

The department indicates that this bill would have no impact on the General Fund of the State or federal and/or other funds, as it would primarily decrease caseloads at the county level to a more manageable level, improving capacity to assess, manage and supervise more serious offenders.

Department of Education

The Department reports that for FY 2004-05, 9,460 incidents of disturbing schools were reported and approximately 2,800 of those cases were referred to a solicitor. There were 2,726 cases referred to solicitors during FY 2005-06. Section 16-17-420 (C) of the Bill requires school districts to intervene before referring these cases to court by notifying the parent or guardian of a disruptive student, and by developing a written intervention plan for the student. The Department estimates that each district would require 3.00 FTEs to handle the additional workload. Of these, two would be counselors (one for middle schools and one for high schools). The other position would provide administrative support. Each district would need an additional $132,396 in recurring personal service and fringe and $10,000 for additional other operating expenses. In the first year, $10,500 is needed for office set-up. Total cost to school districts is an estimated $12,996,160 in the first year and $12,103,660 annually thereafter.

The impact on the General Fund of the State is at the General Assembly's discretion. This initiative could be funded with state general funds, Education Improvement Act funds, local funds and/or a combination of these funds. Should the General Assembly decide to provide funds through either the general fund or the Education Improvement Act, the Department of Education indicates it would need 1.5 FTEs for oversight, monitoring and disbursement of funds. Total cost to SDE is estimated at $105,250 the first year ($90,000 is for salary and fringe, $10,000 for annual operating, and $5,250 for office set-up) and $100,000 annually thereafter.

LOCAL GOVERNMENT IMPACT:

The impact on local governments is not anticipated to be significant.

Approved By:

Harry Bell

Office of State Budget

A BILL

TO AMEND SECTION 16-17-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISTURBING SCHOOLS, TO PROVIDE GREATER SPECIFICITY FOR THE TYPES OF CONDUCT WHICH CONSTITUTE THE OFFENSE AND TO PROVIDE FOR INTERVENTION BY SCHOOL OFFICIALS PRIOR TO REFERRING SOME CASES TO COURT.

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

SECTION    1.    Section 16-17-420 of the 1976 Code is amended to read:

"Section 16-17-420.    (A)    It shall be unlawful:

(1)    For for any person to knowingly and willfully or unnecessarily (a) to interfere with, disrupt, or to disturb in any way or in any place the students or teachers the normal operations of any school or college in this State, by (a) entering on school or college grounds or property without the permission of the principal or president in charge, (b) to loitering on or about such school or college premises or grounds or property, after being provided notice to vacate the grounds or property, and after being given reasonable opportunity to do so, (c) to act in an obnoxious manner thereon; or initiating a physical assault on, or fighting with, another person on school or college grounds or property resulting in no serious bodily injury to that person, (d) being loud or boisterous on school or college grounds or property after being instructed by school or college personnel to refrain from such conduct, or (e) threatening physical harm to a student or school or college employee while on school or college grounds or property; or

(2)    For for any person to knowingly and willfully interfere with, disrupt, or disturb the normal operations of any school or college in this State by (a) enter upon any such school or college premises or (b) loiter around the premises, except on business, without the permission of the principal or president in charge initiating a physical assault on, or fighting with, another person on school or college grounds or property resulting in serious bodily injury to that person, or (b) threatening the use of deadly force on school or college grounds or property, or involving school or college grounds or property, where one has the present ability, or is reasonably believed to have the present ability, to carry out the threat.

(B)(1)    Any person adult violating any of the provisions item (1) of subsection (A) of this section shall be guilty of a misdemeanor and, on upon conviction thereof, shall pay a fine of not less than one hundred dollars nor more than one thousand dollars or be imprisoned in the county jail for not less than thirty days nor more than ninety days.

(2)    Any adult violating item (2) of subsection (A) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not less than one hundred dollars, nor more than two thousand dollars, or be imprisoned in the county jail for not less than ninety days, nor more than one year.

(3)    When a juvenile is committed to the custody of the Department of Juvenile Justice for violating item (1) of subsection (A) of this section, commitment must be for a determinate period not to exceed ninety days. When a juvenile is committed to the custody of the Department of Juvenile Justice for violating item (2) of subsection (A) of this section, the court may issue either a determinate or indeterminate sentence.

(C)    If school officials determine that a juvenile has disturbed school by violating item (1) of subsection (A) of this section, then before referring the juvenile to court:

(1)    School officials must make every reasonable effort to notify the parent(s) or guardian of the juvenile's disruptive behavior and meet with the parent(s) or guardian(s) to identify the reasons for the juvenile's disruptive behavior. These efforts shall include, but not necessarily be limited to, telephone calls and home visits, both during and after normal business hours, as well as written messages and e-mails.

(2)    School officials also must develop a written intervention plan to address the juvenile's disruptive behavior in conjunction with the juvenile and the parent(s) or guardians. The written intervention plan must include, but is not limited to:

(a)    designation of a person to lead the intervention team;

(b)    reasons for the disruptive behavior;

(c)    actions to be taken by the juvenile and the juvenile's parent(s) or guardian(s) to resolve the causes of the disruptive behavior;

(d)    documentation of referrals to appropriate service providers and, if available, alternative school and community-based programs;

(e)    actions to be taken by intervention team members;

(f)    actions to be taken if disruptive behavior continues; and

(g)    the signature of the juvenile and the juvenile's parent(s) or guardian(s) or evidence that attempts were made to involve the juvenile and the juvenile's parents(s) or guardian(s).

(3)    School officials may utilize a team intervention approach. Team members may include representatives from:

(a)    social services agencies;

(b)    community mental health agencies;

(c)    substance abuse and prevention agencies; and

(d)    other persons or agencies the district deems appropriate to formulate the written intervention plans.

(4)    School officials shall not refer a juvenile to court for disturbing school for violating item (1) of subsection (A) of this section unless school officials have completed a written intervention plan with the juvenile and the juvenile's parent(s) or guardian(s).

(5)    If (a) the intervention plan is not successful and further inquiry by school officials fails to cause the juvenile or the juvenile's parent(s) or guardian(s) to comply with the written intervention plan, to include the juvenile accumulating another disturbing schools violation, or, (b) if the juvenile or the juvenile's parent(s) or guardian(s) refuse to participate in the intervention, and the juvenile accumulates another disturbing school violation, then school officials may refer the juvenile to court.

(6)    Any referral of a juvenile to the court system for disturbing school must include a copy of the juvenile's discipline record and the written intervention plan indicating the corrective actions that were attempted by the school district and the results of those actions.

(D)    If school officials determine that a juvenile has disturbed school by violating item (2) of subsection (A) of this section, then the school district may immediately refer the juvenile to court for prosecution. Any referral for disturbing school under this section must include a copy of the juvenile's discipline record and a written report indicating any prior corrective actions that were attempted by the school district and the results of those actions."

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

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