Current Status Introducing Body:House Bill Number:4716 Primary Sponsor:Corning Committee Number:21 Type of Legislation:GB Subject:School trustees, record of student before enrollment Residing Body:House Computer Document Number:JIC/6478.HC Introduced Date:Apr 09, 1992 Last History Body:House Last History Date:Apr 09, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Corning Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4716 House Apr 09, 1992 Introduced, read first time, 21
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-217 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER THE PRIOR DISCIPLINARY RECORD IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AND THE STUDENT'S CRIMINAL OR JUVENILE COURT RECORD FOR VIOLATIONS OF CERTAIN OFFENSES TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL FOR UP TO ONE YEAR, TO REQUIRE NOTICE, A HEARING, AND OTHER PROCEDURAL RIGHTS APPLICABLE TO EXPULSIONS FOR STUDENTS SUBJECT TO THE BAR ALLOWED BY THIS SECTION, AND TO PROVIDE THAT A STUDENT MAY REAPPLY FOR ENROLLMENT AFTER THE BAR IS LIFTED AND THE BOARD SHALL ORDER THE STUDENT ENROLLED IF HE IS OTHERWISE QUALIFIED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-217. (A) In determining whether or not a student meets the standards of conduct and behavior promulgated by the board of trustees as necessary for enrollment and attendance in a school in the district, the board shall consider the student's disciplinary record in any school in which the student was previously enrolled and the student's criminal record or record of adjudication of delinquency in any jurisdiction, within or without this State, of violations or activities which constitute violent crimes under Section 16-1-60 or which involve the unlawful use or possession of weapons or the unlawful sale of drugs whether or not deemed to be drug trafficking. Based on this consideration of the student's record, the board may bar his enrollment in the schools of the district.
(B) If the board bars a student from enrolling pursuant to this section, notice must be provided to the student's parent or legal guardian and the student is entitled to a hearing and all other procedural rights afforded under state law to a student subject to expulsion.
(C) The bar to enrollment allowed by this section applies for a maximum of one year. After the bar is lifted, a student may reapply for enrollment and the board shall order the student enrolled if he otherwise meets enrollment criteria."
SECTION 2. This act takes effect upon approval by the Governor.