Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 7640, June 1 | Printed Page 7660, June 1 |

Printed Page 7650 . . . . . Wednesday, June 1, 1994

"(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate period but in no event beyond the child's twenty-first birthday. However, if the child has been adjudicated delinquent for committing a violent offense as defined in Section 16-1-60, the court, in conjunction with the indeterminate sentence, may commit the juvenile to a public or private institution for a determinate period not to exceed two years and during the determinate period the child must not be released;"

SECTION 11. Section 24-19-10(d) of the 1976 Code is amended to read:

"(d) `Youthful offender' means all male and female offenders an offender who are is under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, or who is seventeen but less than twenty-five years of age at the time of conviction."

Division III

Providing Safe Schools

SECTION 12. Section 59-63-32 of the 1976 Code, as added by Act 163 of 1991, is amended by adding at the end:

"(G) Before a child may be enrolled in a public school of this State, the adult seeking to enroll the child must provide the school with information so that the school may obtain the child's permanent record from the child's previous school. The previous school must comply with the request, and both schools must keep the record confidential as provided by law. For purposes of this subsection, `previous school' includes special schools, such as those operated by the Department of Juvenile Justice, and `permanent record' means transcripts, attendance records, and disciplinary records."

SECTION 13. Section 59-63-210 is amended to read:

"Section 59-63-210. (A) Any A district board of trustees may authorize or order the expulsion, suspension, or transfer of any a pupil for a commission of any a crime, gross immorality, gross behavior, or


Printed Page 7651 . . . . . Wednesday, June 1, 1994

persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school.

(B) A district board of trustees, after a hearing held in accordance with Section 59-63-240, must expel for a period of time which is at least the remainder of the school year a pupil who is convicted, pleads guilty or nolo contendere, or is adjudicated delinquent for having committed the offense of:

(1) murder (Section 16-3-10);

(2) criminal sexual conduct in the first degree (Section 16-3-652);

(3) criminal sexual conduct in the second degree (Section 16-3-653);

(4) criminal sexual conduct with a minor (Section 16-3-655);

(5) assault with intent to commit criminal sexual conduct (Section 16-3-656);

(6) assault and battery with intent to kill (Section 16-3-620); (7) kidnapping (Section 16-3-910);

(8) voluntary manslaughter (Section 16-3-50);

(9) armed robbery (Section 16-11-330);

(10) drug trafficking as defined in Section 44-53-370(e);

(11) arson in the first degree (Section 16-11-110(A);

(12) burglary in the first degree (Section 16-11-311);and

(13) carrying a weapon on school property as defined in Section 16-23-430.

(C) Every An expelled pupil shall have has the right to petition for readmission for the succeeding school year.

(D) Expulsion or suspension shall must be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any day or night a school functions function, or riding a school bus.

(E) The provisions of this This section shall does not preclude enrollment and attendance in any an adult, or night school, or alternative educational program."

SECTION 14. Title 59 of the 1976 Code is amended by adding:

"CHAPTER 66

School Safety

Article 1

General Provisions

Section 59-66-10. (A) Schools must keep disciplinary records for students. These disciplinary records must contain clear anecdotal evidence


Printed Page 7652 . . . . . Wednesday, June 1, 1994

and show action taken by and with the cooperation of schools to address problem behavior. In addition, the disciplinary records must show action taken by the school to report to law enforcement when required by Section 59-24-60 and must contain information provided to the school pursuant to Sections 20-7-3300 and 20-7-600. A student's disciplinary record must follow the student through school.

(B) The principal may use information contained in a student's disciplinary record for monitoring and supervisory purposes, but any parts of the disciplinary record which are required to be kept confidential by other provisions of law must be maintained in a manner to ensure the confidentiality of those parts. The State Board of Education, through the State Department of Education and in consultation with the Office of the Attorney General, the Department of Juvenile Justice, and the State Law Enforcement Division, must promulgate regulations to ensure confidentiality as required by law.

Section 59-66-20. (A) The General Assembly annually shall provide funds in the general appropriations act to be awarded to school districts which choose to employ safety coordinators in accordance with this section. State funds may be awarded for not more than one safety coordinator for each county. The amount of the award for a county for fiscal year 1995-96 may not exceed twenty-five thousand dollars, except for counties which are designated as economically distressed pursuant to Section 41-43-180. Economically distressed counties participating in the program shall receive additional state funds for fiscal year 1995-96 in the amount of five thousand, five hundred dollars. The amount which may be awarded for a county, including the additional state funds for economically distressed counties, must be increased each fiscal year after 1995-96 by the same percentage as the average teacher salary.

(B) An award of state funds to school districts under this program is contingent upon a district or group of districts jointly matching the state grant with an equal amount of funds and in kind contributions; however, school districts located primarily within an economically distressed county are not required to match any portion of the state grant. Additionally, funds only may be awarded where the duties of the safety coordinator relate exclusively to school and district safety functions. It is the intent of the General Assembly that the safety coordinator have a strong background in law enforcement, safety matters, or coordination of relevant services.

(C) If a county consists of more than one school district, any or all school districts within the county may apply jointly for funds for a safety coordinator. Each participating school district must provide a portion of


Printed Page 7653 . . . . . Wednesday, June 1, 1994

the local matching funds based upon the relationship the district's student membership bears to the total student membership of all participating districts within the county. Nonparticipating school districts in multi-district counties may begin participation in the program by contributing to the local match in the same manner as those school districts originally participating in the program.

(D) When more than one school district in a multi-district county is provided funds under this section, the safety coordinator must be an employee of the school district with the largest student membership during the immediately preceding school year, unless the participating school districts have a memorandum of agreement providing otherwise; however, the safety coordinator must provide services to all participating school districts.

(E) For purposes of this section, `student membership' means the cumulative one hundred thirty-five day average daily membership during the immediately preceding school year.

(F) The State Board of Education, through the State Department of Education, shall develop and implement regulations establishing the safety coordinator grant program.

Section 59-66-30. (A) Using funds appropriated by the General Assembly, each public middle, junior high, and high school in the State must be equipped with one hand-held metal detector.

(B) In consultation and cooperation with the Office of the Attorney General and the State Law Enforcement Division, the State Department of Education shall provide training in the use of hand-held metal detectors to school officials who shall use the equipment.

(C) The State Board of Education, through the State Department of Education, shall promulgate regulations to implement this section.

Section 59-66-40. (A) Before January 16, 1996, the State Board of Education, through the State Department of Education, shall promulgate regulations establishing additional minimum requirements for planning and construction of public school facilities. The regulations shall require public school facilities to be constructed, located, and equipped so as to facilitate prevention of and intervention in violent incidents. The regulations must contain appropriate provisions for new construction, renovations, remodelings, expansions, and relocatable classroom buildings. The State Board of Education may establish minimum expenditure levels which must be met before the regulations are applicable.

(B) On and after the effective date of the regulations, any new construction, renovation, remodeling, expansion, or relocatable classroom building, governed by the regulations, may not be occupied until the State


Printed Page 7654 . . . . . Wednesday, June 1, 1994

Superintendent of Education or the state superintendent's agent approves the facility. The school district is responsible for requesting approval and submitting the necessary documents to the State Superintendent of Education or the state superintendent's agent.

(C) A school district may request a waiver from part or all of the regulations, and the State Board of Education may grant a waiver if the regulations impose an unreasonable or undue hardship upon the district.

Section 59-66-50. (A) Before July 1, 1996, the State Board of Education, through the State Department of Education, shall select, develop, modify or cause to be developed or modified curriculum for teaching peaceful conflict resolution and nonviolent living to students in all grades of the public schools of this State. The curriculum shall incorporate and concentrate upon:

(1) trust building and team building including strategies for building productive, cooperative relationships;

(2) learning to work in groups;

(3) effective communication skills;

(4) peaceful problem solving techniques;

(5) collaborative decision making techniques;

(6) negotiation and mediation techniques;

(7) positive approaches to behavior management.

(B) In addition to the requirements contained in subsection (A), the curriculum must be:

(1) appropriate to the students' age and grade;

(2) structured to provide consistent reinforcement throughout the school year and each student's school career;

(3) flexible so as to be incorporated within the existing school day and year and so that the needs of the diverse classrooms across the State are met;

(4) designed to address the need for training of all school officials, and;

(5) designed to reach outside the school and encourage supportive actions in the home and community including use of the curriculum by public and private service providers, organizations, groups, institutions, and agencies with their clients or members.

(C) Beginning with the 1996-97 school year, the State Board of Education, through the State Department of Education, shall cause the curriculum to be taught to all students in all grades of the public schools of this State. A parent or guardian may elect for their child or ward not to participate in the curriculum by signing a written document making the


Printed Page 7655 . . . . . Wednesday, June 1, 1994

election. The form of the written document must be prescribed by regulation of the State Board of Education.

(D) Funds for the development or selection and implementation of the curriculum must be provided by the General Assembly.

Section 59-66-60. (A) The State Board of Education, through the State Department of Education, shall cause alternative educational programs for students who are serious threats to the safety and security of the regular school program to be developed and pilot tested in school years 1995-96, 1996-97, and 1997-98.

In selecting the pilot programs, the State Board of Education, through the State Department of Education, shall ensure representation of the various geographic regions of the State, urban and rural settings, various size student populations, various socio-economic populations, and areas with different incidences of juvenile crime. The number of pilot test sites may be expanded each year, if adequate funds are provided and expansion does not compromise supervision and evaluation of the pilot tests.

For purposes of this subsection, `students who are serious threats to the safety and security of the regular school program' means students who have severe disciplinary problems as documented by school disciplinary records and students who have been charged with or adjudicated delinquent for the commission of a violent crime as defined in Section 16-1-60, for a violation of Section 16-23-430, for a crime in which an illegal weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44.

(B) The pilot programs must provide activities, counseling, and other appropriate services to meet the students' special needs, increase their opportunities for success, and promote nonviolent behavior. It is the intent of the General Assembly that the support activities and services be provided through existing state and community resources to the extent possible.

(C) Before December 1, 1995, the State Board of Education, through the State Department of Education, shall establish procedures for evaluating the pilot programs. The evaluation procedure must include the collection of data and allow the process to be evaluated and, to the extent possible, it must measure the effectiveness of the pilot programs. The State Board of Education shall cause an independent evaluation of the pilot programs to be conducted and presented to the General Assembly at the conclusion of the three years of pilot testing.

(D) Based upon the evaluation required by subsection (C), the State Board of Education, through the State Department of Education, shall cause successful alternative educational programs to be implemented for


Printed Page 7656 . . . . . Wednesday, June 1, 1994

all school districts. Statewide implementation of the programs must be phased in over three years beginning with school year 1998-99. The programs must be undertaken on a multi-district or multi-county basis.

(E) Throughout the phase in to statewide implementation, the State Board of Education, through the State Department of Education, shall continue to cause the programs to be evaluated and indicated refinements made.

(F) The General Assembly must appropriate funds for the planning, development, pilot testing, evaluation, and statewide implementation of this section.

(G) The State Board of Education or the governing body of a pilot test site may use a portion of its allocation of funds for the purchase of technical assistance during pilot testing.

(H) The State Board of Education, through the State Department of Education, is required to explore ways of redirecting or expanding financial support for part or all of the alternative educational program with other than state funds. Strategies to maximize the probability of federal or foundation funding or both must be used.

(I) The State Board of Education, through the State Department of Education, shall promulgate regulations whereby state and local funds generated under the Education Finance Act for a student must be used to defray the cost of the student's alternative educational program. The regulations may specify a minimum period of time a student must be served in an alternative educational program before the regulations apply or may provide for a proportional contribution to the cost of the alternative educational program based upon the length of time a student is served in an alternative educational program or both.

Section 59-66-70. (A) There is created the Volunteer Mentor Program to be administered by the Department of Education. The purpose of the program is to promote the establishment of local programs whereby at-risk children are matched with adult volunteers on a one-to-one basis.

(B) The objectives of the program are to:

(1) reduce juvenile crime in local communities served by the program;

(2) recruit community volunteers to provide positive adult role models for at-risk children;

(3) improve the academic performance of students participating in the program; and

(4) meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior.


Printed Page 7657 . . . . . Wednesday, June 1, 1994

(C) As used in this section, `at-risk children' means children under the age of twenty-one, who have been referred:

(1) directly by local law enforcement, family court, appropriate state agencies, or the local school district; or

(2) to family court during the immediately preceding twelve months.

(D) Each local program must have a local board of directors or advisory committee which reflects local commitment to the program and is representative of the community. The governing board or advisory committee shall monitor program activity and generate financial support for the program.

(E) Each local program must have at least a part-time program director who is responsible for:

(1) recruiting volunteers;

(2) screening volunteers;

(3) training or facilitating training of volunteers;

(4) matching volunteers with at-risk children;

(5) supervising volunteers;

(6) providing or arranging support services and group activities;
(7) working with the program's governing board or authority or advisory committee;

(8) evaluation of the program; and

(9) record-keeping.

(F) The General Assembly annually shall provide funds in the general appropriations act for the administration of the program at the State level and for grants to be awarded for the salary of local program directors. It is the intent of the General Assembly that grants for local part-time program directors be reduced in proportion to grants for full-time directors. It is also the intent of the General Assembly that local programs be supported in part by local grants and donations, in-kind contributions, federal funds, and other funds which are not state funds.

(G) The Department of Education shall serve as the lead State agency for collecting information and reporting to the General Assembly by February 15, 1995 on sources of funds other than State funds, which may be used to offset the cost of the program at the state and local level. All agencies of the State are directed to assist and cooperate with the Department of Education.

(H) Grant recipients may be:

(1) state agencies, county agencies, or school districts or a consortium of a combination of state agencies and county agencies and school districts; or


Printed Page 7658 . . . . . Wednesday, June 1, 1994

(2) non-profit 501 (c)(3) entities or a consortium consisting of one or more 501 (c)(3) entities.

(I) The Department of Education shall:

(1) disseminate information regarding the program to interested groups;

(2) develop and disseminate a request for applications to establish local Volunteer Mentor Programs;

(3) provide technical assistance to grant applicants and ongoing technical assistance as grants are implemented;

(4) administer funds appropriated by the General Assembly;

(5) monitor the grants funded;

(6) revoke a grant if necessary or appropriate;

(7) develop and implement an evaluation system that assesses the efficiency and effectiveness of the program and provide information on how to improve and refine the program;

(8) report annually to the General Assembly on program implementation and the results of the department's evaluation of the program;

(9) promulgate regulations necessary to implement the program including, but not limited to:

(a) qualifications for local program directors;

(b) training for program directors and volunteers;

(c) requirements related to program directors' supervision of volunteers;

(d) criteria for children's admission to the program;

(e) required performance levels for a grant recipient to continue to receive an award;

(f) requirements for screening volunteers;

(g) procedures to be followed in developing and submitting applications; and

(h) criteria for selection of grant recipients;

(10) award grants.

(J) A 501(c)(3) entity or consortium that receives a grant under this section must report to the Department of Education on the implementation of the program. The report must provide information required by the Department of Education to allow the department to evaluate the program.

Article 3

School and District

Safety Plans

Section 59-66-310. Before January 1, 1996, each school must have an approved comprehensive school safety plan, and each school district must


Printed Page 7659 . . . . . Wednesday, June 1, 1994

have an approved comprehensive district safety plan. School and district safety plans must be approved as provided in Section 59-66-370. School and district safety plans must be coordinated so that the plans are consistent and, as appropriate, interrelated, with school and district responsibilities clearly specified.

Section 59-66-320. To receive approval under Section 59-66-370, school and district safety plans must address the broad spectrum of safety concerns including, but not limited to, natural disasters, accidents, medical emergencies, and violent incidents.

Section 59-66-330. The district superintendent must appoint a committee to develop the district's safety plan, and the principal of each school must appoint a committee to develop the school's safety plan. Safety committees must be established so that the committee membership or the committee's procedures include participation by parents, students, school personnel at all levels, and representatives of all relevant local agencies engaged in law enforcement, juvenile probation and parole, juvenile corrections, fire protection, emergency preparedness, health and human services, and social rehabilitation. The Schoolhouse Safety Resource Center must include meaningful participation by these groups as a criterion for safety plan approval. Each district superintendent must designate a safety coordinator who has primary responsibility for overseeing and implementing the district's safety plan and programs and who shall chair the district safety committee. Each school principal or the school principal's designee must have primary responsibility for overseeing and implementing the school safety plan and must chair the school safety committee.

Section 59-66-340. (A) Each school and district safety plan must include programs and strategies designed to:

(1) prevent disruptions to a safe school environment;

(2) result in an appropriate, planned intervention during incidents endangering the safety of students and adults who serve them; and

(3) restore equilibrium to the school or district or both after the immediate crisis event has passed.

(B) In addition to the requirements of subsection (A), each safety plan must:

(1) address safety needs during the school day, at extracurricular events, and on state-provided school transportation;

(2) provide for continuous monitoring and response to safety issues;

(3) provide for curriculum which teaches students nonviolent problem-solving strategies from funds appropriated by the General Assembly for this purpose;


| Printed Page 7640, June 1 | Printed Page 7660, June 1 |

Page Finder Index