H*4740(Rat #0428, Act #0307 of 2004)  General Bill, By Miller, Hayes, 
J.E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, 
Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, M. Hines, Hinson, Hosey, 
Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, 
Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon, Young and 
Whipper
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL
 WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS
 AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE
 THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE
 FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS
 IDENTIFIED, TO PROVIDE THAT ANY SCHOOL DISTRICT MAY FORM A COORDINATING
 COMMITTEE AND ANY SCHOOL MAY FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM
 SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL,
 AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED
 AS "WALK OR BICYCLE WITH YOUR CHILD TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF
 THIS STATE; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE
 STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO
 DEFINE "CRITICAL GEOGRAPHIC AREA" FOR PURPOSES OF LOAN FORGIVENESS AFTER JULY
 1, 2004, OF LOANS UNDER THE TEACHER LOAN PROGRAM, AND TO FURTHER PROVIDE FOR
 OTHER MATTERS IN REGARD TO THIS LOAN FORGIVENESS; AND TO ADD SECTION 59-25-280
 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION PERMANENTLY SHALL REVOKE,
 REFUSE TO ISSUE, OR RENEW A CERTIFICATE WITHOUT A HEARING, IF THE HOLDER OF OR
 APPLICANT FOR THE CERTIFICATE PLEADS GUILTY, PLEADS NOLO CONTENDERE, OR IS
 FOUND GUILTY OF CERTAIN CRIMES AND TO PROVIDE THAT A SCHOOL DISTRICT MAY NOT
 EMPLOY AN EDUCATOR IN ANY CAPACITY WHOSE SOUTH CAROLINA CERTIFICATE IS REVOKED
 AS PROVIDED ABOVE. - ratified title

   02/11/04  House  Introduced and read first time HJ-13
   02/11/04  House  Referred to Committee on Education and Public
                     Works HJ-14
   04/07/04  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-3
   04/14/04  House  Member(s) request name added as sponsor: Whipper
   04/14/04  House  Amended HJ-88
   04/14/04  House  Read second time HJ-89
   04/15/04  House  Read third time and sent to Senate HJ-18
   04/20/04  Senate Introduced and read first time SJ-10
   04/20/04  Senate Referred to Committee on Education SJ-10
   05/19/04  Senate Committee report: Favorable Education SJ-41
   05/20/04  Senate Read second time SJ-41
   06/02/04  Senate Amended SJ-113
   06/02/04  Senate Read third time and returned to House with
                     amendments SJ-113
   06/03/04  House  Debate adjourned HJ-48
   06/03/04  House  Senate amendment amended HJ-62
   06/03/04  House  Returned to Senate with amendments HJ-62
   06/03/04  Senate Concurred in House amendment and enrolled SJ-58
   06/03/04         Ratified R 428
   09/08/04         Signed By Governor
   09/13/04         Copies available
   09/13/04         Effective date 09/08/04
   09/14/04         Act No. 307

H. 4740

(A307, R428, H4740)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT ANY SCHOOL DISTRICT MAY FORM A COORDINATING COMMITTEE AND ANY SCHOOL MAY FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK OR BICYCLE WITH YOUR CHILD TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO DEFINE "CRITICAL GEOGRAPHIC AREA" FOR PURPOSES OF LOAN FORGIVENESS AFTER JULY 1, 2004, OF LOANS UNDER THE TEACHER LOAN PROGRAM, AND TO FURTHER PROVIDE FOR OTHER MATTERS IN REGARD TO THIS LOAN FORGIVENESS; AND TO ADD SECTION 59-25-280 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION PERMANENTLY SHALL REVOKE, REFUSE TO ISSUE, OR RENEW A CERTIFICATE WITHOUT A HEARING, IF THE HOLDER OF OR APPLICANT FOR THE CERTIFICATE PLEADS GUILTY, PLEADS NOLO CONTENDERE, OR IS FOUND GUILTY OF CERTAIN CRIMES AND TO PROVIDE THAT A SCHOOL DISTRICT MAY NOT EMPLOY AN EDUCATOR IN ANY CAPACITY WHOSE SOUTH CAROLINA CERTIFICATE IS REVOKED AS PROVIDED ABOVE.

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

Citation

SECTION    1.    This act may be cited as the "South Carolina Safe Routes to Schools Act".

Walking or bicycling to school

SECTION    2.    Chapter 17, Title 59 of the 1976 Code is amended by adding:

"Section 59-17-150.    (A)    Municipal and county governing bodies shall work with school districts located in their jurisdictions to identify barriers and hazards to children walking or bicycling to and from school. The municipalities, counties, and districts may develop a plan for the funding of improvements designed to reduce the barriers and hazards identified. The sources of these funds may include federal funding or grants, state funding, or funding from private sources. Nothing in this section shall obligate any agency of federal, state, or local government to provide funding for identified improvements.

(B)    Each school district in this State may establish a Safe Routes to School District Coordinating Committee. The coordinating committee shall include parents, children, teachers, administrators, local law enforcement officials, public health officials, interested citizens, and other persons familiar with the transportation needs of the school district. Duties of the coordinating committee may include gathering information about the schools in the district through surveys and traffic counts; organizing incentive-based events and contests to encourage students to try new modes of transportation; and promoting the program through school newsletters, assemblies, web sites, and other means to reach parents and students.

Any school within the district may establish a Safe Routes to School Team. The team shall include parents, children, teachers, administrators, and neighbors of the school. The team may be expanded to include local law enforcement officials, public health officials, and other persons familiar with the transportation needs of the school. The team shall select a representative to serve on the District Coordinating Committee. Duties of the team may include gathering information about their school through surveys and traffic counts; organizing incentive-based events and contests to encourage students to try new modes of transportation; and promoting the program through school newsletters and other means to reach parents and students.

(C)    The first Wednesday of October of each year is designated as 'Walk or Bicycle with Your Child to School Day' in each school district of this State to promote walking or riding bicycles to school by students, with escorts if necessary, and to identify needed improvements such as sidewalks or safer pedestrian routes not open to vehicular traffic."

Loan forgiveness

SECTION    3.    Section 59-26-20(j) of the 1976 Code is amended by adding a paragraph at the end to read:

"Notwithstanding another provision of this item:

(1)    For a student seeking loan forgiveness pursuant to the Teacher Loan Program after July 1, 2004, 'critical geographic area' must be defined as a school that:

(a)    has an absolute rating of below average or unsatisfactory;

(b)    has an average teacher turnover rate for the past three years that is twenty percent or higher; or

(c)    meets the poverty index criteria at the seventy percent level or higher.

(2)    After July 1, 2004, a student shall have his loan forgiven based on those schools or districts designated as critical geographic areas at the time of employment.

(3)    The definition of critical geographic area must not change for a student who has a loan, or who is in the process of having a loan forgiven before July 1, 2004."

Certificate revocation or nonrenewal

SECTION    4.    Article 3, Chapter 25, Title 59 of the 1976 Code is amended by adding:

"Section 59-25-280.    (A)    The State Board of Education permanently shall revoke, refuse to issue, or renew a certificate without a hearing, if the holder of or applicant for the certificate pleads guilty, pleads nolo contendere, or is found guilty of the following crimes, whether or not a sentence is imposed and regardless of where the matter was tried:

(1)    a violent crime as defined in Section 16-1-60;

(2)    certain offenses related to obscenity, material harmful to minors, child exploitation, and child prostitution, including Sections 16-15-305, 16-15-335, 16-15-345, 16-15-355, 16-15-365, 16-15-385, 16-15-387, 16-15-395, 16-15-405, 16-15-410, 16-15-415, and 16-15-425; or

(3)    a criminal offense similar in nature to the crimes listed in items (1) and (2) committed in other jurisdictions or pursuant to federal law.

(B)    A school district may not employ an educator in any capacity whose South Carolina certificate is revoked pursuant to subsection (A)."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 3rd day of June, 2004.

Approved the 8th day of September, 2004.