H 4719 General Bill, By D.E. McTeer, Anderson, Bailey, J.M. Baxley, Breeland, 
J. Brown, Carnell, J.L.M. Cromer, J. Hines, M. Hines, Jennings, M.H. Kinon, 
Kirsh, Lloyd, McCraw, J.T. McElveen, McMahand, Neilson, Phillips, Rhoad, 
Sheheen, R. Smith, Stille, L.S. Whipper, J.M. White, Wilder and D. Williams
 A Bill to amend Section 59-35-10, Code of Laws of South Carolina, 1976,
 relating to local school boards of trustees providing for kindergartens, so as
 to provide that the five-year-old kindergarten program in each school district
 must be a full-day program beginning with school year 1996-97, to allow
 parents to elect to withhold their children form the program, to provide the
 notice of enrollment required and the method of counting students; and to
 amend the 1976 Code by adding Section 59-35-20 so as to authorize a school
 district or school to obtain an annual waiver from the State Board of
 Education for up to three years from the full-day five-year-old kindergarten
 requirement, and to provide the basis for granting the waiver, to authorize
 the use of district's allocation for the program to rent appropriate
 facilities for up to three years, and to provide for an automatic waiver to a
 district if funds for the programs are not appropriated by the General
 Assembly.

   03/07/96  House  Introduced and read first time HJ-20
   03/07/96  House  Referred to Committee on Education and Public
                     Works HJ-20

A BILL

TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SCHOOL BOARDS OF TRUSTEES PROVIDING FOR KINDERGARTENS, SO AS TO PROVIDE THAT THE FIVE-YEAR-OLD KINDERGARTEN PROGRAM IN EACH SCHOOL DISTRICT MUST BE A FULL-DAY PROGRAM BEGINNING WITH SCHOOL YEAR 1996-97, TO ALLOW PARENTS TO ELECT TO WITHHOLD THEIR CHILDREN FROM THE PROGRAM, TO PROVIDE THE NOTICE OF ENROLLMENT REQUIRED AND THE METHOD OF COUNTING STUDENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO AUTHORIZE A SCHOOL DISTRICT OR SCHOOL TO OBTAIN AN ANNUAL WAIVER FROM THE STATE BOARD OF EDUCATION FOR UP TO THREE YEARS FROM THE FULL-DAY FIVE-YEAR-OLD KINDERGARTEN REQUIREMENT, AND TO PROVIDE THE BASIS FOR GRANTING THE WAIVER, TO AUTHORIZE THE USE OF A DISTRICT'S ALLOCATION FOR THE PROGRAM TO RENT APPROPRIATE FACILITIES FOR UP TO THREE YEARS, AND TO PROVIDE FOR AN AUTOMATIC WAIVER TO A DISTRICT IF FUNDS FOR THE PROGRAMS ARE NOT APPROPRIATED BY THE GENERAL ASSEMBLY.

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

SECTION 1. Section 59-35-10 of the 1976 Code is amended to read:

"Section 59-35-10. The board of trustees of each school district shall establish and provide kindergartens for children within its jurisdiction. All children in the five-year-old kindergarten program must be counted in the average daily membership of any public school district when public school funds are to be apportioned to the several school districts. State aid for the five-year-old kindergarten program must be distributed through the formula provided for in the `Education Finance Act' (Act 163 of 1977).

Beginning with school year 1996-97, the board of trustees of a district shall implement a full-day five-year-old kindergarten program. Parents of children who are eligible to attend five-year-old kindergarten may elect to withhold their child from the program. Parents intending to enroll their children in a full-day kindergarten program must notify the district by January thirty-first of the year of the anticipated enrollment date, except that the notice for the 1996-97 school year only must be provided by May 15, 1996.

A child attending a full-day five-year-old kindergarten program must be counted for purposes of computing average daily membership and other similar computations involving the number of students attending schools of a particular district. Parents moving into the district after the notification date may apply for full-day kindergarten on a space available basis."

SECTION 2. Chapter 35, Title 59 of the 1976 Code is amended by adding:

"Section 59-35-20. School districts and schools without a full-day five-year-old kindergarten program during the 1995-96 school year may obtain a waiver from the requirement to provide the program. The waiver may be granted by the State Board of Education on an annual basis for a total of up to three years if a school district or school is unable to implement a program because of unavailability of classroom space and other facilities, including appropriate facilities which may be rented by the school district or school at a reasonable fee or due to a shortage of funding for support of the program. School districts or schools which are unable to implement a full-day program because of lack of facilities may use a portion of the district's allocation to rent appropriate space for up to three years. The request for a waiver from the requirement to provide the full-day kindergarten program must be received by the State Board of Education by July first. In addition, the State Board of Education shall grant a waiver to any school district if funds for a full-day five-year-old kindergarten program are not appropriated by the General Assembly."

SECTION 3. This act takes effect upon approval by the Governor.