South Carolina General Assembly
109th Session, 1991-1992

Bill 172


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    172
Primary Sponsor:                Martschink
Committee Number:               04
Type of Legislation:            GB
Subject:                        Educational alternative
                                programs
Residing Body:                  Senate
Current Committee:              Education
Computer Document Number:       OLDVS/LIBX/2319
Introduced Date:                Jan 08, 1991
Last History Body:              Senate
Last History Date:              Jan 08, 1991
Last History Type:              Introduced and read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Martschink
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 172   Senate  Jan 08, 1991  Introduced and read first       04
                             time, referred to Committee
 172   Senate  Sep 17, 1990  Prefiled, referred to           04
                             Committee

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF EDUCATIONAL ALTERNATIVE PROGRAMS IN THE SCHOOL DISTRICTS OF THIS STATE.

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

SECTION 1. This act may be cited as the "Educational Alternative Program Act".

SECTION 2. The purpose of this act is to establish special educational programs other than those regularly provided for by the local school districts of this State, to assist students who are having difficulty in progressing and developing academically and socially in a regular school environment. These programs are particularly established to assist those students who are determined to have academic deficiencies and difficulties and who display constant violent and disruptive behavior in a regular school environment.

SECTION 3. Title 59 of the 1976 Code is amended by adding:

"CHAPTER 40

Educational Alternative Program Act

Section 59-40-10. As used in this chapter:

(1) 'Program' refers to an educational alternative program.

(2) 'Board' means the governing board of public school districts, as well as those of other state-supported institutions which provide educational services to students at the elementary and secondary school level.

(3) 'Educational alternative program' means a program established outside of the regular school system to provide special assistance to students who are having difficulties in progressing and developing academically and socially in a regular school environment.

Section 59-40-20. (A) Each local school board of this State shall establish an educational alternative program in its local school district. The program may be established at the elementary or secondary school level.

(B) Each board is responsible for developing its own program, however, every program must consist of the following:

(1) prescribed procedure for admitting students to the program;

(2) a review committee consisting of school administrators, teachers, and the parent or guardian of the student being considered for admittance to evaluate the purpose and goal for admitting the student to the program;

(3) resources including, but not limited to, staff, facilities, and materials which are comparable to all other educational programs in the school district;

(4) prescribed procedure for evaluating the progress of the student in the program.

(C) In admitting and evaluating students in the program, the institution or agency administering the program may use the services of the Department of Social Services, law enforcement, and juvenile justice agencies located in the district. However, any information obtained from any government agency on a student must be kept confidential unless otherwise permitted by law.

(D) The program may be established as a separate entity within the regular school system and administered by and within an established and existing school facility or administered by a separate public or private agency or organization.

Section 59-40-30. When a board provides an educational alternative program for students by assigning instructional personnel to a facility operated by another public or private agency or organization, a written agreement must be executed prescribing the respective duties and responsibilities of each party.

Section 59-40-40. Before admitting a student to a program, the program administrator must obtain written consent from the student's parent or legal guardian. The student's parent or legal guardian must also be informed in writing of any evaluation conducted on the student relating to the student's progress or performance in the program.

Section 59-40-50. A program established pursuant to this act must be approved by the State Board of Education before implementation. The State Board of Education is responsible for insuring and certifying that every program, including qualifications for teachers and instructors, complies with the standards and regulations of the Department of Education."

SECTION 4. This act takes effect upon approval by the Governor.

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