S 0838 General Bill, By McGill
 A Bill to amend Section 59-63-220 of the Code of Laws of South Carolina, 1976,
 relating to the suspension of pupils by an administrator, so as to provide for
 the suspension of a pupil charged with and the expulsion of a pupil convicted
 of committing a felony on property other than school property, and to provide
 for exceptions.

   05/16/95  Senate Introduced and read first time SJ-6
   05/16/95  Senate Referred to Committee on Education SJ-6

A BILL

TO AMEND SECTION 59-63-220 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF PUPILS BY AN ADMINISTRATOR, SO AS TO PROVIDE FOR THE SUSPENSION OF A PUPIL CHARGED WITH AND THE EXPULSION OF A PUPIL CONVICTED OF COMMITTING A FELONY ON PROPERTY OTHER THAN SCHOOL PROPERTY, AND TO PROVIDE FOR EXCEPTIONS.

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

SECTION 1. Section 59-63-220 of the 1976 Code is amended to read:

"Section 59-63-220. (A) Any district board may confer upon any administrator the authority to suspend a pupil from a teacher's class or from the school not in excess of ten days for any one offense and for not more than thirty days in any one school year but no such administrator may suspend a pupil from school during the last ten days of a year if the suspension will make the pupil ineligible to receive credit for the school year without the approval of the school board unless the presence of the pupil constitutes an actual threat to a class or a school or a hearing is granted within twenty-four hours of the suspension.

(B) However, suspension proceedings may be initiated against any student who is formally charged with a felony, or with a delinquent act which would be a felony if committed by an adult, by a prosecuting attorney for an incident which allegedly occurred on property other than public school property, if that incident is shown in an administrative hearing, with notice provided to the parents or legal guardian or custodian of such pupil, by the principal of the school to have an adverse impact on the educational program, discipline, or welfare in the school in which the student is enrolled. Any pupil who is suspended as the result of such proceedings may be suspended from all classes of instruction on public school grounds during regular classroom hours for a period of time, which may not exceed ten days, as determined by the superintendent. Such suspension shall not affect the delivery of educational services to the pupil, and the pupil shall be immediately enrolled in a daytime alternative education program, or an evening alternative education program, where appropriate. If the pupil is not subsequently adjudicated delinquent or found guilty, the suspension shall be terminated immediately. If the pupil is found guilty of a felony, the superintendent shall have the authority to determine if a recommendation for expulsion shall be made to the school board; however, such suspension or expulsion shall not affect the delivery of educational services to the pupil in any residential or nonresidential program outside the public school. Any pupil who is subject to discipline or expulsion for unlawful possession or use of any controlled substance shall be entitled to a waiver of the discipline expulsion if:

(1) he divulges information leading to the arrest and conviction of the person who supplied such controlled substance to him, or if he voluntarily discloses his unlawful possession of such controlled substance prior to his arrest. Any information divulged which leads to such arrest and conviction is not admissible in evidence in a subsequent criminal trial against the pupil divulging such information; and

(2) the pupil commits himself, or is referred by the court in lieu of sentence, to a state-licensed drug abuse program and successfully completes the program."

SECTION 2. This act takes effect upon approval by the Governor.