S*0295(Rat #0240, Act #0163 of 1991)  General Bill, By Setzler and 
H.S. Stilwell
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 59-63-31 so as to further provide for the conditions under which a child may
 attend a public school of any school district, and Section 59-63-32 so as to
 permit a school district to impose certain requirements on adults seeking to
 enroll a child in a school of that district and to provide penalties for
 submitting a false affidavit establishing conditions for attending the
 school.-amended title

   11/05/90  Senate Prefiled
   11/05/90  Senate Referred to Committee on Education
   01/08/91  Senate Introduced and read first time SJ-103
   01/08/91  Senate Referred to Committee on Education SJ-103
   04/04/91  Senate Committee report: Favorable with amendment
                     Education SJ-10
   04/10/91  Senate Amended SJ-121
   04/10/91  Senate Read second time SJ-123
   04/10/91  Senate Ordered to third reading with notice of
                     amendments SJ-123
   04/16/91  Senate Read third time and sent to House SJ-22
   04/17/91  House  Introduced and read first time HJ-26
   04/17/91  House  Referred to Committee on Education and Public
                     Works HJ-26
   05/30/91  House  Recalled from Committee on Education and Public
                     Works HJ-79
   06/05/91  House  Amended HJ-16
   06/05/91  House  Read second time HJ-17
   06/06/91  House  Amended HJ-31
   06/06/91  House  Read third time and returned to Senate with
                     amendments HJ-31
   06/06/91  Senate Concurred in House amendment and enrolled SJ-42
   06/06/91         Ratified R 240
   06/12/91         Signed By Governor
   06/12/91         Effective date 06/12/91
   06/12/91         Act No. 163
   07/03/91         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CHILD MAY ATTEND A PUBLIC SCHOOL OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT AND TO PROVIDE PENALTIES FOR SUBMITTING A FALSE AFFIDAVIT ESTABLISHING CONDITIONS FOR ATTENDING THE SCHOOL.

Whereas, many of South Carolina's school-age children must reside with, and are taken care of by, adults other than their parents; and

Whereas, the obtaining of legal guardianship is often difficult and costly and can delay a child's enrollment in school; and

Whereas, it is the intent of the General Assembly to allow students so residing, for reasons other than to attend a particular school and through no control of their own, to attend school within the adult's district of residence. Now, therefore,

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

Conditions permitting attendance at a public school in any district

SECTION 1. The 1976 Code is amended by adding:

"Section 59-63-31. Children within the ages prescribed in Section 59-63-20 also are entitled to attend the public schools of a school district, without charge, if:

(1) the child resides with one of the following who is a resident of the school district:

(a) a person who is not the child's parent or legal guardian to whom the child's custody has been awarded by a court of competent jurisdiction;

(b) a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Youth Services; or

(c) the child resides with an adult resident of the school district as a result of:

(i) the death, serious illness, or incarceration of a parent or legal guardian;

(ii) the relinquishment by a parent or legal guardian of the complete control of the child as evidenced by the failure to provide substantial financial support and parental guidance;

(iii) abuse or neglect by a parent or legal guardian;

(iv) the physical or mental condition of a parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child; or

(v) a parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77;

(2) the child is emancipated and resides in the school district; or

(3) the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended.

In addition to the above requirements of this section, the child shall also satisfy the requirements of Section 59-63-30(d) and (e)."

Requirements to enroll a child in a certain school; penalties for providing false information

SECTION 2. The 1976 Code is amended by adding:

"Section 59-63-32. (A) The school district may require an adult seeking to enroll a child who resides with the adult pursuant to Section 59-63-31(1)(c) to accept responsibility for making educational decisions concerning the child. These educational decisions may include, but not be limited to, receiving notices of discipline pursuant to Sections 59-63-230 and 59-63-240, attending conferences with school staff, and granting permission for athletic activities, field trips, and other activities as required.

(B) The school district also must require an adult to complete and sign an affidavit:

(1) confirming the qualifications set out in Section 59-63-31(1)(c) establishing residency of the child in the school district;

(2) attesting that the child's claim of residency in the district is not primarily related to attendance at a particular school within the district; and

(3) accepting responsibility for educational decisions for the child.

(C) Upon receipt of the affidavit provided for in subsection (B), the child must be admitted to an appropriate school pending the results of any further procedures for determining eligibility for attendance within the school district.

(D) If it is found that information contained in the affidavit provided for in subsection (B) is false, the child must be removed from the school after notice of an opportunity to appeal the removal pursuant to the appropriate district grievance policy.

(E) If it is found that a person wilfully and knowingly has provided false information in the affidavit provided for in subsection (B) to enroll a child in a school district for which the child is not eligible, the maker of the false affidavit is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed two hundred dollars or imprisoned for not more than thirty days and also must be required to pay to the school district an amount equal to the cost to the district of educating the child during the period of enrollment. Repayment does not include funds paid by the State.

(F) The affidavit which is required by school districts under this section must include, in large print, the penalty for providing false information on the affidavit."

Time effective

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

Approved the 12th day of June, 1991.