H 3881 Session 109 (1991-1992)
H 3881 General Bill, By M.F. Jaskwhich and J. Rama
A Bill to amend Title 59, Code of Laws of South Carolina, 1976, relating to
education, by adding Chapter 70 so as to enact The Parental Choice in
Education Act authorizing a student to attend a public or private school in a
district other than the one in which he resides under certain restrictions,
conditions, and limitations.
04/11/91 House Introduced and read first time HJ-27
04/11/91 House Referred to Committee on Education and Public
Works HJ-27
A BILL
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO EDUCATION, BY ADDING CHAPTER 70 SO
AS TO ENACT THE PARENTAL CHOICE IN EDUCATION ACT
AUTHORIZING A STUDENT TO ATTEND A PUBLIC OR
PRIVATE SCHOOL IN A DISTRICT OTHER THAN THE ONE IN
WHICH HE RESIDES UNDER CERTAIN RESTRICTIONS,
CONDITIONS, AND LIMITATIONS.
Whereas, it is the purpose of this act to maintain and improve the quality
of elementary and secondary education in the State by providing parents
an enhanced opportunity for the exercise of parental choice in the
education of their school-age children. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 70
Parental Choice in Education
Section 59-70-10. This chapter may be cited as the `Parental
Choice in Education Act'.
Section 59-70-20. As used in this chapter:
(1) `At-risk student' means a student who, based on certain criteria
for assessing students, is considered to be a potential dropout from
school.
(2) `Parent' means the natural or adoptive parent or legal guardian
of a dependent child.
(3) `Participating school' means a public or private school located
in the State that enters into an agreement with the State Department of
Education in accordance with this chapter.
(4) `Private school' means a school that is not maintained with
public funds, that charges tuition or fees for the services it provides, and
that is in compliance with the laws of this State.
(5) `Public school' means a school operated by publicly elected
or appointed school officials in which the program and activities are
under the control of these officials and which is supported by public
funds.
(6) `Resident school district' means a geographical area
surrounding a public school from which students are assigned.
(7) `School' means a school that is authorized to provide
elementary or secondary education, or both, under state law.
Section 59-70-30. In order to achieve the purpose of this chapter,
the State Board of Education shall develop and the State Department of
Education shall carry out a program in which the parent of each
school-age child receives from the district school board, on request, a
certificate that may be used for educational services at a participating
school selected by the child's parent in accordance with this chapter.
Section 59-70-40. (A) Each public school in the State shall
become a participating school. The responsible officials for each private
school shall decide whether that school shall become a participating
school.
(B) Subject to the provisions of subsection (C), a participating
school shall admit children with certificates who apply, up to the limit
of the school's capacity, after reserving places for children admitted in
accordance with the school's regular admissions practices.
(C)(1) A participating school shall establish criteria for the
admission of children with certificates consistent with the admissions
criteria it regularly applies.
(2) In the case of a participating public school, the district
school board shall establish criteria for the equitable allocation of places
for children with certificates if there are insufficient places to serve all
children requesting places.
Section 59-70-50. A participating school shall enter into an
agreement with the State Department of Education. The agreement must
provide that the participating school furnish a child an education
equivalent to that provided to all other children in the school when a
child tenders a certificate in accordance with this chapter, is accepted at
the school and, if applicable, pays a supplementary tuition to satisfy any
remainder of a participating school's tuition.
Section 59-70-60. A parent of a child with a certificate may use the
certificate for educational services at a participating school only if the
child is admitted to the participating school.
Section 59-70-70. The value of a certificate must be set at one
hundred percent of the pupil expenditure supplied by the State based
upon the Education Finance Act weighting, but no certificate may be
redeemed for more than the amount of the tuition and fees regularly
charged by the participating school providing the educational
services.
Section 59-70-80. (A) The purpose of this section is to grant at-risk students an equal opportunity of educational choices by making
private schools a feasible option.
(B) A student in grades one through twelve who is considered an
at-risk student pursuant to criteria established by the National Dropout
Prevention Center at Clemson University is an eligible high risk student,
entitled to the enhanced tuition allowances set forth in Section
59-70-90(F).
Section 59-70-90. (A) A parent of a child with a certificate shall
present the certificate to the participating school that the child attends.
The participating school shall present the certificate for payment or
redemption to the district school board.
(B) A participating public school shall receive funds equal to the
full value of a certificate for each certificate presented by the respective
participating public school in addition to its regular budget.
(C) A participating public school shall lose funds equal to the full
value of a certificate for each resident school district student who
transfers from the respective participating public school.
(D) A participating private school shall receive funds equal to a
percentage of the full value of a certificate, in accordance with this
subsection, for each certificate presented by the respective participating
private school.
(E) For the first school year, beginning in 1991, a participating
private school shall receive sixty percent of the value of a certificate as
established in Section 59-70-70, for each certificate presented by the
respective participating private school. Each subsequent school year,
the percentage of the value of a certificate received by a participating
private school increases ten percent until the percentage equals one
hundred percent.
(F) Beginning with the 1991 school year and for all subsequent
school years, a participating private school shall receive one hundred
twenty-five percent of the value of a certificate as established in Section
59-70-70, for the redemption of each certificate tendered by an eligible
at-risk student.
Section 59-70-100. (A) A participating school shall provide
assurance to the district school board that it is in compliance with
appropriate requirements prohibiting discrimination.
(B) A participating school shall publish or otherwise make
available information regarding:
(1) participation in the certificate program;
(2) program of instruction;
(3) achievement data regarding students attending the school,
which may be stated in the aggregate;
(4) incidence of drug abuse;
(5) school discipline and safety;
(6) other matters that may be specified in regulations.
Section 59-70-110. A participating school may not be obligated to
provide transportation for a child residing outside of the participating
school's resident school district. However, the school may provide
transportation as a service.
Section 59-70-120. To assist parents and students in making
educational choices permitted under this chapter, the State Department
of Education must publish and make available a list of the participating
schools and a Parent Information Center must be established in the
department or in the Office of Accountability. This center shall collect
comprehensive information on each school district and must provide and
use this information in counseling and assisting parents in choosing the
most appropriate school for their children.
Section 59-70-130. The State Board of Education shall
promulgate regulations necessary to carry out the provisions of this
chapter."
SECTION 2. This act takes effect July 1, 1991.
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