Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 5, Title 59 of the 1976 Code is amended by adding:
"Section 59-5-170.
(A) The Office of Interscholastic
Athletics is established within the State Department of
Education. The office is the sole governing body of athletics
for South Carolina public schools.
(B) The Superintendent
of Education shall appoint a director to serve as the
administrative head of the office. The director must employ
staff as necessary to carry out the duties and responsibilities
assigned by the office. The director must have prior experience
as either a coach or an athletics director at the high school
level.
(C)(1) The State Board of Education must
promulgate regulations concerning:
(a)
administration of the office;
(b)
enforcement of applicable rules, regulations, and
statutory provisions;
(c)
procedures for reaching decisions on all questions and
appeals arising from those decisions;
(d)
student eligibility requirements for participation in
interscholastic athletics;
(e)
administration of related athletic activities of schools
subject to the jurisdiction of the office;
(f)
official rules for interscholastic athletic contests;
(g)
contests with schools not subject to the jurisdiction of
the office;
(h)
outside competition, camps, clinics, drug and alcohol use,
unsportsmanlike conduct, and other matters that affect
interscholastic athletics;
(i)
organization and conduct of statewide
interscholastic competitions, regardless of whether the
competition can lead to a state championship, and to establish
the terms and conditions for these competitions;
(j)
the collection of dues and revenues
in a manner similar to the South Carolina High School
League;
(k)
awards; and
(l)
other matters the director considers appropriate to
enhance interscholastic athletics in this State.
(2)
When establishing regulations, the State Board of
Education shall ensure a range of sanctions that may be applied
to a student, coach, team, program, or school depending upon the
seriousness, frequency, and other factors the office considers
relevant to a violation of office rules.
(3)
The State Board of Education shall promulgate emergency
regulations to ensure the continuance of athletic contests
pending approval by the General Assembly of regulations
promulgated under subsection (A).
(D)(1) A public school
that engages in interscholastic athletics or a private school
wishing to compete with a public school in interscholastic
athletic events:
(a)
must submit to and comply with the provisions of this
section; and
(b)
may not contract with, join, or otherwise associate with
the South Carolina High School League.
(2)
A private or charter institution that is a member of the
office must be afforded all rights and privileges that are
granted to other teams in the league. The office shall not
expel or deny membership to a private or charter institution
based solely on the status of the institution as a private or
charter school. A private or charter institution that applies
to join the office may not be denied admission based solely on
the status of the institution as a private or charter
school.
(E)(1) The office shall
establish an advisory committee to assist the evaluation by the
office of the overall interscholastic athletic program and to
make recommendations to the office concerning matters that would
enhance interscholastic athletic competition throughout the
State. The advisory committee may make recommendations
concerning issues of safety, competitiveness, eligibility,
academic requirements, participation and practice limitations,
residence and attendance areas, transfers, recruiting, and other
issues as requested by the office.
(2)
The committee must consist of thirteen members appointed
by the Superintendent and consisting of:
(a)
two citizens not employed by a school;
(b)
one public school coach recommended by the South Carolina
High School Coaches Association;
(c)
one public school coach recommended by the South Carolina
Association of Women's Sports;
(d)
one public school basketball coach recommended by the
South Carolina Basketball Coaches Association;
(e)
one public school football coach recommended by the South
Carolina Football Coaches Association;
(f)
one public school baseball coach recommended by the South
Carolina Baseball Coaches Association;
(g)
one public school cheer coach recommended by the South
Carolina Cheer Coaches Association;
(h)
one public school track and cross country coach
recommended by the South Carolina Track and Cross Country
Coaches Association;
(i)
one public school athletic trainer
recommended by the South Carolina Athletic Trainers
Association;
(j)
one public school athletics director
recommended by the South Carolina Association of Athletics
Directors;
(k)
one public school principal recommended by the South
Carolina Association for School Administrators; and
(l)
one member recommended by the South
Carolina Independent Schools Association.
(3)
The members of the committee shall serve without
compensation, per diem, or travel expenses.
(4)
Each member of the committee serves at the pleasure of the
Superintendent of Education.
(5)
A person may not serve concurrently as a member of the
advisory committee and the committee on appeals. A person who
has served on the advisory committee may not serve on the
committee on appeals during the five year period immediately
following his tenure on the advisory committee, and a person who
has served on the committee on appeals may not serve on the
advisory committee for a period of five years immediately
following his tenure on the committee on appeals.
(F)(1) The office shall
establish a procedure to ensure each student, school, or coach
may appeal an adverse ruling of the office on an alleged
violation of this chapter and be afforded due process during the
pendency and determination of this appeal.
(2)
The procedure required in item (1) must require:
(a)
the creation of a thirteen-member committee on appeals to
be constituted as follows;
(i)
seven members of the general public with one appointed
from each congressional district appointed by the State
Superintendent of Education and one of whom the Superintendent
shall designate as chair of the committee;
(ii)
three people currently employed as athletics coaches or
athletics directors in a public high school in this State with
one appointed by the Governor, one by the Speaker of the House
of Representatives, and one by the President Pro Tempore of the
Senate who shall serve at the pleasure of the appointing
officials;
(iii)
one member who is a public high school principal appointed
by the State Superintendent of Education;
(iv)
one member who is a private school principal or headmaster
appointed by the State Superintendent of Education; and
(v)
one member of the business community appointed by the
South Carolina Chamber of Commerce;
(b)
the members of the committee shall receive per diem and
mileage to be paid for from dues collected by the office;
(c)
each member of the committee who is appointed by the
Superintendent serves at the pleasure of the Superintendent of
Education;
(d)
an appeal of a decision made by the director must be made
to the committee on appeals within ninety days after the ruling
being appealed is issued;
(e)
the committee on appeals must hear the appeal and render a
written decision on the matter; and
(f)
the decision of the committee on appeals must constitute
the final action of the agency on the matter, and this action
may be subsequently appealed pursuant to the Administrative
Procedures Act. The Administrative Law Court must reviewed an
appeal brought under this section on an expedited basis.
(3)
The office shall develop an emergency appeals procedure to
use if the normal appeals process would affect the participation
of a student, team, program, or school in an athletic
event."
SECTION 2. Section 59-39-160 of the 1976 Code is amended to read:
"Section 59-39-160.
(A) To participate in
interscholastic activities, students in grades nine through
twelve must achieve an overall passing average and either:
(1) pass at least four
academic courses, including each unit the student takes that is
required for graduation; or
(2) pass a total of
five academic courses. Students must satisfy these conditions
in the semester preceding participation in the interscholastic
activity, if the interscholastic activity occurs completely
within one semester or in the semester preceding the first
semester of participation in an interscholastic activity if the
interscholastic activity occurs over two consecutive semesters
and is under the jurisdiction of the South Carolina High
School League Office of Interscholastic
Athletics.
(B) Academic
courses are those courses of instruction for which credit toward
high school graduation is given. These may be required or
approved electives. All activities currently under the
jurisdiction of the South Carolina High School League remain in
effect. The monitoring of all other interscholastic
activities is the responsibility of the local boards of
trustees. Those students diagnosed as handicapped in accordance
with the criteria established by the State Board of Education
and satisfying the requirements of their Individual Education
Plan (IEP) as required by Public Law 94-142 are permitted to
participate in interscholastic activities. A local school board
of trustees may impose more stringent standards than those
contained in this section for participation in interscholastic
activities by students in grades nine through twelve.
(C) The State
Board of Education may grant a waiver of
waive the requirements of this section. This
waiver may be granted only when it receives a
written statement from a school district superintendent and
athletic director has been received stating
that a student's ineligibility to participate in interscholastic
activities is due to misinformation concerning eligibility
requirements being provided by district personnel. The State
Board of Education shall establish guidelines to administer this
section."
SECTION 3. This act takes effect July 1, 2013. /
Renumber sections to conform.
Amend title to conform.