South Carolina General Assembly
117th Session, 2007-2008

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Bill 4320


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT.

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

SECTION    1.    Section 59-63-31(A) of the 1976 Code, as last amended by Act 92 of 2003, is further amended to read:

"(A)    Children within the ages prescribed in Section 59-63-20 also are entitled to attend the public schools of a school district, without charge, if:

(1)    the child resides with one of the following who is a resident of the school district:

(a)    a person who is not the child's parent or legal guardian to whom the child's custody has been awarded by a court of competent jurisdiction;

(b)    a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Juvenile Justice; or

(c)    the child resides with an adult resident of the school district as a result of the:

( i)    the death, serious illness, or incarceration of a parent or legal guardian;

( ii)    the relinquishment by a parent or legal guardian of the complete control of the child as evidenced by the failure to provide substantial financial support and parental guidance;

(iii)    abuse or neglect by a parent or legal guardian;

( iv)    the physical or mental condition of a parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child; or

( v)    a parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77; or

( vi)    parent's or legal guardian's military deployment or call to active duty more than seventy miles from residence for a period greater than sixty days;

(2)    the child is emancipated and resides in the school district;

(3)    the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended; or

(4)    the child resides in an emergency shelter located in the district.

In addition to the above requirements of this subsection, the child shall also satisfy the requirements of Section 59-63-30(d) and (e)."

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

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