H 4414 Session 110 (1993-1994)
H 4414(Rat #0588) General Bill, By Phillips, Allison, R.S. Corning, Gamble,
M.F. Jaskwhich, T.F. Rogers, I.K. Rudnick, Stuart, C.Y. Waites, D.C. Waldrop,
Walker and J.B. Wilder
A Bill to enact the "Schoolhouse Safety Alliance Act of 1994" to attack the
problems of juvenile crime and school safety including provisions to amend
Title 59 of the 1976 Code relating to education by adding Chapter 143 so as to
provide for certain collaboration activities among schools, educational
agencies, and various entities to prevent school violence, for parental
responsibility to prevent school violence, and for judicial responses to
school violence and to amend Section 20-7-600, as amended, relating to taking
a child into custody and notice to his parents, so as to provide for certain
other notices, for the conditions under which the child may be released, and
for other related matters; by adding Section 20-7-1351 so as to authorize the
family court to require parents to appear before it regarding certain behavior
of their child and to participate in the assessment of the family or in family
participation treatment services to improve that behavior; by adding Section
20-7-1352 so as to provide that the family court shall require acceptable
school attendance and appropriate behavior as a part of any probation order
involving children; by adding Section 20-7-1353 so as to provide that
probation and parole counselors are required to assist in the re-enrollment of
all their clients who are children in the public schools upon the children
being released from confinement facilities.-amended title
12/15/93 House Prefiled
12/15/93 House Referred to Committee on Education and Public Works
01/11/94 House Introduced and read first time HJ-47
01/11/94 House Referred to Committee on Education and Public
Works HJ-48
02/10/94 House Committee report: Favorable with amendment
Education and Public Works HJ-504
03/01/94 House Debate adjourned until Wednesday, March 2, 1994 HJ-41
03/07/94 House Debate adjourned until Tuesday, March 8, 1994 HJ-27
03/22/94 House Amended HJ-36
03/22/94 House Read second time HJ-48
03/23/94 House Read third time and sent to Senate HJ-19
03/24/94 Senate Introduced and read first time SJ-6
03/24/94 Senate Referred to Committee on Education SJ-6
05/04/94 Senate Committee report: Favorable with amendment
Education SJ-7
05/26/94 Senate Amended SJ-104
05/26/94 Senate Read second time SJ-115
05/27/94 Senate Read third time and returned to House with
amendments SJ-9
06/02/94 House Concurred in Senate amendment and enrolled HJ-44
06/02/94 Ratified R 588
01/11/95 Vetoed by Governor
01/17/95 House Veto sustained Yeas-40 Nays-63
(R588, H4414)
AN ACT TO ENACT THE "SCHOOLHOUSE SAFETY
ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF
JUVENILE CRIME AND SCHOOL SAFETY INCLUDING
PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING
TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE
FOR CERTAIN COLLABORATION ACTIVITIES AMONG SCHOOLS,
EDUCATIONAL AGENCIES, AND VARIOUS ENTITIES TO
PREVENT SCHOOL VIOLENCE, FOR PARENTAL RESPONSIBILITY
TO PREVENT SCHOOL VIOLENCE, AND FOR JUDICIAL
RESPONSES TO SCHOOL VIOLENCE AND TO AMEND SECTION
20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO
CUSTODY AND NOTICE TO HIS PARENTS, SO AS TO PROVIDE
FOR CERTAIN OTHER NOTICES, FOR THE CONDITIONS UNDER
WHICH THE CHILD MAY BE RELEASED, AND FOR OTHER
RELATED MATTERS; BY ADDING SECTION 20-7-1351 SO AS TO
AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO
APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR
CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE
FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES
TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352
SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE
ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE
BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING
CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE
THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED
TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS
WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE
CHILDREN BEING RELEASED FROM CONFINEMENT
FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
Citation
SECTION 1. This act is known and may be cited as the
"Schoolhouse Safety Alliance Act of 1994".
Findings
SECTION 2. The General Assembly finds that a comprehensive approach
is needed to attack the problems of juvenile crime and schoolhouse safety.
This attack should be focused in three areas: collaboration to prevent
school violence, parental responsibility, and judicial response. Recent
legislation and procedures have established the precedent for addressing
issues systemically. Solutions at the front end of problems rather than
reactions after the fact have the best chance of making long-term
differences. Pro-active prevention approaches, clear definition of the roles
and responsibilities of schools and other local community agencies, parents
who take responsibility for their child's action, and coordinated judicial
response and penalties are combined as recommended policy of this
State.
Schoolhouse Safety Alliance Act
SECTION 3. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 143
Schoolhouse Safety Alliance Act
Article 1
Collaboration to Prevent School Violence
Section 59-143-100. A statewide Schoolhouse Safety Resource Center
at the State Department of Education is established in the manner the
General Assembly shall provide in the annual general appropriations act.
The center's mission is to provide information, technical assistance, and
training on violence prevention and crisis management to the State's
schools. The center, in cooperation with the Southern Region Violence and
Substance Abuse Center and the School Violence Prevention Advisory
Committee, shall review best practices in violence prevention and
intervention, including strategies for collaboration with appropriate
agencies, crisis management planning, and better use of the judicial system.
The center also shall disseminate information on other safety concerns
including natural disasters, accidents, and medical emergencies.
Section 59-143-110. Based on the review of best practice provided for
in Section 59-143-100, the State Department of Education, through the
Schoolhouse Safety Resource Center shall provide or contract for statewide
school administrator training in the best practices for understanding,
preventing and addressing student violence. The State Department of
Education shall develop or select professional programs for faculty and
designated staff of all schools to be trained in appropriate techniques,
practices, and behavior to prevent and address student violence, including
mediation. Curricula in nonviolent problems-solving techniques must be
used in the professional development of the faculty and staff within a
school to be applied in areas including, but not limited to:
(1) more effective adult interactions with students;
(2) adult modeling of nonviolent behaviors when problems erupt;
(3) expansion of wellness components in the comprehensive health
curriculum promoting nonviolent living skills (as they apply to other
appropriate school violence prevention) approaches; and
(4) differentiation between acceptable student behavior and
unacceptable behavior (as it applies to the determination of students
entering case management pursuant to Section 59-143-300); and
(5) training in crisis intervention.
In implementing the provisions of this section, equal emphasis shall be
placed in elementary, middle, and high schools.
Section 59-143-120. The Schoolhouse Safety Resource Center shall
provide regional planning workshops for county planning teams
coordinating services as required in Section 59-143-140 and shall
coordinate and provide for workshops for district planning groups as
required by Section 59-143-160. Information developed and obtained from
these workshops shall be shared with the school level teams required in
Section 59-143-170.
Section 59-143-130. A School Violence Prevention Advisory
Committee is created to provide technical and advisory assistance to the
Schoolhouse Safety Resource Center. The Advisory Committee shall
consist of service agency provider representatives including, but not limited
to, representatives from the Department of Mental Health, the Department
of Mental Retardation, the Department of Juvenile Justice, the Department
of Health and Human Services, the Department of Social Services, the
family court system, the Department of Health and Environmental Control,
the Southern Region Violence and Substance Abuse Center, the Continuum
of Care, the Center for Family in Society, John De La Howe, the State
Department of Education, local education officials, and local law
enforcement officials, shall be convened by the State Law Enforcement
Division. The committee, shall recommend changes to each agency's
regulations or provisions of law which would encourage prevention
programs, non-punitive responses and earlier intervention for juveniles who
are truant, runaways, or exhibit aggressive behavior and would better
promote coordination of programs and response to these students. A report
on the committee's findings and recommendations must be made to the
House and Senate Education Committees and to the Joint Committee on
Children and Families by November 1, 1994.
The Committee shall review annually the progress being made in the
violence prevention plans required in Section 59-143-150. The Committee,
using funds appropriated for the purpose by the General Assembly, shall
contract with one or more nationally recognized experts in violence
prevention to review the activities of the school districts and the
Schoolhouse Safety Resource Center and make recommendations for
improvements and report to the House Education and Public Works
Committee and the Senate Education Committee no later than October 1,
1997.
The Committee also must review alternatives to incarceration for
juvenile offenders, to include but not be limited to, supervised community
service opportunities, community based programs such as halfway houses,
wilderness programs, non-residential programs, and intensive services
probation. A report on the recommendations must be provided to the
House and Senate Judiciary Committees, the House and Senate Education
Committees and the Joint Committee on Children and the Family by
October 1, 1995.
The agencies and entities involved in the Advisory Committee shall
direct their employees at the county and district levels to cooperate with the
school district officials in all efforts to take a preventive approach to school
violence and juvenile problems.
Section 59-143-140. Based on recommendations from the School
Violence Prevention Advisory Committee as established in Section
59-143-130, a cooperating team consisting of representatives of all local
health and human service agencies in a county, including representatives
from all school districts located within the county, and local representatives
from the Department of Juvenile Justice and Family Court system shall be
convened by the sheriff's office in each county no later than January 15,
1995 to coordinate services designed to prevent school violence. A service
coordination matrix must outline services provided by agencies in response
to risk factors identified by the committee. Also to be included in the
discussions, and where appropriate, in the service coordination matrix, are
representatives of local youth groups, elected officials, and other
individuals involved in services to youth. The sheriff's office in each
county will submit a copy of the service coordination matrix, once
completed, to the School Violence Prevention Advisory Committee and
provide copies to the school district and schools and other local agencies as
appropriate.
Section 59-143-150. The State Board of Education, through the
Department of Education, is directed to develop regulations requiring that
no later than September 1, 1996 each district and each school must develop
a strategic violence prevention plan to establish goals for addressing the
underlying causes of violence and develop plans for dealing with violence
in school. The plans, to be known as the Schoolhouse Safety Alliance
Plans, shall incorporate the requirements of the model safe schools
checklist pursuant to Section 59-5-65(15), appropriate parts of the county
service coordination matrix pursuant to Section 59-143-140, and the
requirements of Section 59-143-170. Program evaluation measures must be
integrated into the plan's design. Schools and districts may make the Safety
Plans a part of the comprehensive plan pursuant to Section 59-139-10, if
they so choose.
Section 59-143-160. The Schoolhouse Safety Alliance plans at the
district level must be developed by a committee appointed by the district
superintendent. Students, teachers, and parents must be a part of the
committee. Representatives of all relevant local agencies engaged in law
enforcement, juvenile probation and parole, juvenile corrections, fire
protection, emergency preparedness, health and human services, and social
rehabilitation are also to be included in the development of the plans. The
Safety Alliance plans at the school level must be developed by a committee
formed by the principal to include the membership of the School
Improvement Council and other representatives as outlined for the district
plan, as appropriate for the school setting.
Section 59-143-170. In acknowledgment that violence prevention needs
to be a long-term priority for a school and school district, the Schoolhouse
Safety Assistance plans shall be five year plans outlining violence
reduction activities with goals set at one-year intervals. The comprehensive
plan must take a variety of approaches which at a minimum should include:
(a) mediation training for school staff,
(b)adoption or adaption and implementation of violence prevention and
conflict resolution training within the school's curriculum,
(c)mentoring programs, and
(d) training for parents in these topics at locations convenient for
parents.
The violence prevention and conflict resolution curriculum developed or
adapted by the schools must be kindergarten through grade twelve and
appropriate to the students' age and grade; structured to provide consistent
reinforcement throughout the school year and each student's school career;
and flexible so as to be incorporated within the existing school day and
year.
The school plan should be designed to reach outside the school and
encourage supportive actions in the home and community including use of
the curriculum by public and private service providers, organizations,
groups, institutions, and agencies with their clients or members.
The curriculum must be in place no later than school year 1996-97, to be
taught to all students in all grades of the public schools of this State.
Should the plan include peer mediation, the parent/guardian must agree to
allow the student to serve as a mediator.
Section 59-143-180. Each school district of this State shall institute in
every school case management teams. The teams should consist of
teachers, school administrators, parents, counselors, and representatives of
health and social service agencies to work as units on behalf of students
displaying signs of recurrent aggressive and violent behavior. The State
Board of Education shall promulgate regulations to establish the criteria for
these teams. Disciplinary records of students with recurrent bullying,
aggressive and violent behaviors must be kept with clear anecdotal
evidence of these behaviors and must show steps schools have taken to
address the occurrences of these behaviors. Each district must develop
policies for ensuring that such records are shared routinely with parents.
The records must follow the student through school,however, when a
student ceases to exhibit such behavior, the management team shall so note
in the student's record. Each school district is responsible for developing a
policy for schools to follow which ensures the confidential nature of these
records. This policy must include at a minimum restricting access to the
file and to its contents to school personnel as considered necessary and
appropriate to meet and adequately address the needs of the student and for
the destruction of these records upon the student's completion of secondary
school or upon reaching twenty-one years of age. In implementing the
provisions of this section, special emphasis shall be placed in elementary
schools.
Section 59-143-190. By school year 1996-97, the institutions of higher
education with teacher education programs must include in their courses for
potential teachers training in mediation and conflict resolution techniques
and best practice in violence prevention as identified by the Schoolhouse
Safety Resource Center. Activities to incorporate such training shall be
reported by each institution to the Commission on Higher Education which
shall provide a summary report to the House and Senate Education
Committees no later than February 1, 1997.
Section 59-143-200. In conjunction with the Department of
Corrections, the Department of Juvenile Justice, and the Southern Region
Violence and Substance Abuse Center, the State Department of Education
through the Schoolhouse Safety Resource Center shall develop conflict
resolution strategies to be taught to juveniles and young adults sentenced as
youthful offenders in correctional facilities. These conflict resolution
strategies also shall be offered as training programs to other public and
private organizations for their use.
Article 3
Parental Responsibility to Prevent School Violence
Section 59-143-300. Each school district shall establish a procedure for
the schools in the district to convene case management teams to assist
children identified as in need of guidance or counseling to prevent violent
behavior as required in Section 59-143-140. Schools must consult with
parents at the earliest instances of recurring problem behaviors and keep
them informed when such behaviors continue. Parents of children
identified as candidates for case management shall be required to
participate in case management meetings and in seeking services
recommended by the case management team. Every effort shall be made to
schedule the meetings at the convenience of the parent. If a parent or
guardian fails to comply with the request from a school to participate in the
case management meetings or in seeking services, the school principal or
his designee may apply to the family court for a summons ordering the
parent or guardian to appear before the family court to explain the reason
for such failure. The summons shall be issued upon request in the same
manner that jury summons are issued. Failure to comply with the summons
is punishable by contempt. When a school has exhausted all attempts to
schedule a meeting during the parent's non-working hours, employers must
grant leave to parents for participation in these meetings.
Section 59-143-310. The State Board of Education shall promulgate
regulations requiring the parenting, family literacy, and parental
involvement programs mandated by the Early Childhood Development and
Academic Assistance Act to include instruction in nonviolent living
skills.
Article 5
Judicial Responses to School Violence
Section 59-143-500. In conjunction with the State Department of
Education and the South Carolina Bar, the judicial department shall
develop and annually offer continuing legal education seminars to attorneys
licensed to practice in this State in issues of youth violence. The General
Assembly expresses its desire that the Supreme Court in mandating annual
continuing legal education requirements require attorneys practicing in the
field of family law to complete at least one hour annually in courses
relating to youth violence.
Section 59-143-510. School officials must report to appropriate law
enforcement agencies any Level III criminal behavior by a student as
defined by regulations of the State Department of Education."
Notification
SECTION 4. Section 20-7-600 of the 1976 Code, as last amended by Act
571 of 1990, if further amended by adding a new subsection (I) to read:
"(I) Notwithstanding any other provision of law requiring
confidentiality of juvenile records, when a child is taken into custody by a
law enforcement officer for an offense which would be a misdemeanor or
felony if committed by an adult, not including any traffic or wildlife
violations over which courts other than the family court have concurrent
jurisdiction as provided in Section 20-7-410, the law enforcement officer
also shall notify the principal of the school in which the child is enrolled, if
any, of the nature of the offense. This information may be used by the
principal for monitoring and supervisory purposes but otherwise must be
kept confidential by the principal in the same manner required by Section
20-7-780."
Parents to appear; acceptable behavior; re-enrollment in school
SECTION 5. (A) The 1976 Code is amended by adding:
"Section 20-7-1351. In addition to the jurisdiction of the family
court as provided in Article 5 of this chapter, the family court has
jurisdiction to order to appear before it parents of children identified as in
need of services or counseling to prevent violent behavior, and upon
finding that the child's behavior can be changed, the court may order an
assessment of the family or family participation in treatment or services to
improve the behavior. Parents may be held in contempt of court for failure
to comply with the provisions of this section. Parents may be ordered by
the family court to participate in family counseling or in other programs or
services. The court may hold a parent in contempt and fine or otherwise
sanction a parent for failure to comply. However, a contempt citation
applied against an individual family member shall be applied only as a last
resort, can only be applied if based upon willful noncompliance or
noncooperation with the treatment, rehabilitative, or supervision services
required by the court and then only until compliance with these
requirements is obtained. Parents also may be referred to the Department
of Juvenile Justice, the Department of Mental Health, the Continuum of
Care for Emotionally Disturbed Children, the Department of Social
Services, or to any recognized volunteer organization as appropriate, for
family assessment, counseling, and service."
(B) The 1976 Code is amended by adding:
"Section 20-7-1352. The requirement of acceptable school
attendance and appropriate behavior must be an integral part of all
probation orders."
(C) The 1976 Code is amended by adding:
"Section 20-7-1353. Probation and parole counselors are required
to assist in the re-enrollment of all their clients who are children in the
public schools upon the children's release from confinement facilities, and
to bring all instances of a school's refusal to re-enroll or enroll a child to the
attention of the Family Court judge, the State Department of Education and
the appropriate local advocacy group for children."
Release of a child
SECTION 6. Section 20-7-600(B) of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"(B) When a child is not released pursuant to subsection (A), the
officer taking the child into custody shall immediately notify the authorized
representative of the Department of Juvenile Justice, who shall respond
within one hour to the location where the child is being detained. Upon
responding, the authorized representative of the department shall review the
facts in the officer's report or petition and any other relevant facts and
advise the officer if, in his opinion, there is a need for detention of the
child. The officer's written report must be furnished to the authorized
representatives of the department and must state:
(1) the facts of the offense;
(2) the reason why the child was not released to the parent. Unless the
child is to be detained, the child must be released by the officer to the
custody of his parents or other responsible adult upon their written promise
to bring the child to the court at a stated time or at a time the court may
direct. However, if the offense for which the child was taken into custody
is a crime as defined in Section 20-7-600(F) the child may be released only
by the officer who took the child into custody. If the officer does not
consent to the release of the child, the parents or other responsible adult
may apply to any judge of the family court within the circuit for an ex parte
order of release of the child. The officer's written report must be furnished
to the family court judge. The family court judge may establish conditions
for such release."
Detention and release of child
SECTION 7. Section 20-7-600(F) of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"(F) When the officer who took the child into custody determines
that placement of a juvenile outside the home is necessary, the authorized
representative of the Department of Juvenile Justice shall make a diligent
effort to place the child in an approved home, program, or facility, other
than a secure juvenile detention facility, when these alternatives are
appropriate and available. A child is eligible for detention in a secure
juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be
a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in
connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at
court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in
physical injury to others; or
(d) has a demonstrable recent record of adjudications for other
felonies; and:
(i) there is reason to believe the child is a flight risk or poses a
threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an
immediate threat of serious physical injury;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with
prior placement orders including, but not limited to, a house arrest
order.
A child who meets the criteria provided in this subsection is eligible for
detention. Detention is not mandatory for a child meeting the criteria if that
child can be supervised adequately at home or in a less secure setting or
program. If the officer does not consent to the release of the child, the
parents or other responsible adult may apply to any judge of the family
court within the circuit for an ex parte order of release of the child. The
officer's written report must be furnished to the family court judge. The
family court judge may establish conditions for such release."
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
In the Senate House
____________________________________________.
______________________________________________
President of the Senate
______________________________________________
Speaker of the House of Representatives
Approved the ____________ day of ________________________,
1994.
______________________________________________
Governor
Printer's Date -- June 8, 1994 -- S.
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