Senators CAMPSEN and GROOMS proposed the following amendment (615R004.KMM.GEC):
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION_. A. Chapter 5, Title 59 of the 1976 Code is amended by adding:
"Section 59-5-170.(A) A public school district supported by state funds shall not use any funds or permit any school within the district to use any funds to join, affiliate with, pay dues or fees to, or in any way financially support any interscholastic athletic association, body, or entity unless the constitution, rules, or policies of the association, body, or entity contain the following:
(1) a range of sanctions that may be applied to a student, coach, team, or program and that take into account factors such as seriousness and frequency, and other relevant factors, when there is a violation of the constitution, bylaws, rules, or other governing provisions of the association, body, or entity;
(2)(a) a guarantee that private or charter schools are afforded the same rights and privileges that are enjoyed by all other members of the association, body, or entity. A private or charter school may not be expelled from or have its membership unreasonably withheld by the association, body, or entity or restricted in its ability to participate in interscholastic athletics, including, but not limited to, state playoffs or championships, based solely on its status as a private school or charter school. The association, body, or entity shall set reasonable standards for private or charter school admission. A private or charter school denied membership must be provided, in writing within five business days, the reason or reasons for rejection of its application for membership;
(b) a guarantee that a South Carolina home school athletic team that is a member of a home school athletic association may not be denied access to preseason and regular season interscholastic athletics, including, but not limited to, jamborees and invitational tournaments, based solely on its status as a home school athletic team;
(3) an appeals process in which appeals of the association, body, or entity are made to a disinterested third-body appellate panel that consists of seven members who serve four-year terms, with one person appointed by the delegation of each congressional district, provided that:
( a)a member of the appellate panel serves until his successor is appointed and qualifies. A vacancy on the appellate panel is filled in the manner of the original appointment; and
(b) a member of the appellate panel shall not concurrently serve as an officer of the association, body, or entity and may not have served as a member of the executive committee within the last three years. Principals and superintendents are able to appeal a ruling of the association, body, or entity to the appellate panel. The appellate panel must also provide the final ruling in any appeal brought against a decision of the association, body, or entity;
(4) a procedure in place for emergency appeals to be held and decided upon in an expedited manner if the normal appellate process would prohibit the participation of a student, team, program, or school in an athletic event, to include practices; and
(5) provisions that require the composition of the executive committee of the association, body, or entity to be geographically representative of this State.
(B) In the event that an association, body, or entity fails to include one of the items listed in this section, public school districts and schools must end their affiliation with the association, body, or entity prior to the beginning of the upcoming school year and are prohibited from paying dues or fees to the association, body, or entity.
(C) Eligibility requirements for new students to participate in interscholastic athletics shall be no more restrictive in language or application than the rules or policies of the association, body, or entity that were in effect on January 1, 2020.
Section 59-5-180.An interscholastic athletic association, body, or entity in this State that provides oversight of interscholastic athletics amongst the public schools in this State is required to submit a financial audit by no later than January first of each year to the General Assembly, Governor, and Secretary of Education. Any such association, body, or entity is subject to review by the House of Representatives and Senate Legislative Oversight Committees and investigation by the State Inspector General."
B. Provisions pursuant to Section 59-5-170(5), as added by this act, shall be implemented within one year after the effective date of this act.
SECTION__ .If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, then such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /