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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "EQUAL ACCESS TO INTERSCHOLASTIC ACTIVITIES ACT" BY ADDING SECTION 59-63-100 SO AS TO PERMIT HOME SCHOOL STUDENTS, GOVERNOR'S SCHOOL STUDENTS, AND CHARTER SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES PURSUANT TO CERTAIN CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Equal Access to Interscholastic Activities Act".
SECTION 2. Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-100. (A) As used in this section:
(1) 'Charter school student' is a child enrolled in a charter school established pursuant to Chapter 40, Title 59.
(2) 'Governor's school student' is a child enrolled at a Governor's school established pursuant to this title.
(3) 'Home school student' is a child taught in accordance with Section 59-65-40, 59-65-45, or 59-65-47.
(4) 'Interscholastic activities' includes, but is not limited to, athletics, music, speech, and other extracurricular activities.
(B) Individual charter school students, Governor's school students, and home school students may not be denied by a school district the opportunity to participate in interscholastic activities if the:
(1) student meets all school district eligibility requirements with the exception of the:
(a) school district's school or class attendance requirements; and
(b) class and enrollment requirements of the associations administering interscholastic activities;
(2) student's teacher certifies by submitting an affidavit to the school district that the student fully complies with the law and any attendance, class, or enrollment requirements for a charter school or Governor's school;
(3) student participating in interscholastic activities resides within the attendance boundaries of the school for which the student participates;
(4) student notifies the superintendent of the school district in writing of his intent to participate in the interscholastic activity as a representative of the school before the beginning date of the season for the activity in which he wishes to participate; and
(5) student's participation in interscholastic activities does not deprive another student attending the school sponsoring the interscholastic activity of an opportunity to participate in the interscholastic activity.
(C) A public school student who has been unable to maintain academic eligibility is ineligible to participate in interscholastic activities as a charter school student, Governor's school student, or home school student for the following semester. To establish academic eligibility for subsequent school years, the student's teacher shall certify by submitting an affidavit to the school district that the student fully complies with the law of his respective school and currently maintains academic eligibility; and
(D) A charter school student, Governor's school student, or home school student is required to fulfill the same responsibilities and standards of behavior and performance, including related practice requirements, of other students participating in the interscholastic activities of the team or squad and is required to meet the same standards for acceptance on the team or squad.
(E) A charter school or a Governor's school may not be denied by a school district the opportunity to have a team representing the school participate in interscholastic activities if the team meets the same eligibility requirements of other teams. An individual charter school or Governor's school student may not participate in an interscholastic activity of a public school district if the school that the student is enrolled in has a team or squad participating in the interscholastic activity.
(F) A school district may not contract with a private entity that supervises interscholastic activities if the private entity prohibits the participation of charter school students, Governor's school students, or home school students in interscholastic activities."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on December 1, 2010 at 1:19 PM