H 3087 Session 109 (1991-1992)
H 3087 General Bill, By M.F. Jaskwhich and J. Rama
A Bill to amend Title 59, Code of Laws of South Carolina, 1976, relating to
education, by adding Chapter 68 so as to authorize a pupil to attend a public
school in a district other than the one in which he resides under certain
restrictions, conditions, and limitations.
12/12/90 House Prefiled
12/12/90 House Referred to Committee on Education and Public Works
01/08/91 House Introduced and read first time HJ-61
01/08/91 House Referred to Committee on Education and Public
Works HJ-61
A BILL
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO EDUCATION, BY ADDING CHAPTER 68 SO
AS TO AUTHORIZE A PUPIL TO ATTEND A PUBLIC SCHOOL IN
A DISTRICT OTHER THAN THE ONE IN WHICH HE RESIDES
UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND
LIMITATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that the students in South
Carolina's public schools and their parents will become more informed
about and involved in the public educational system if students and their
parents are provided greater freedom to determine the most effective
school for meeting their individual educational needs. There is no
"right" school for every student and permitting students to
choose from among different schools with differing assets will increase
the likelihood that some marginal students stay in school and that other,
more motivated students find their full academic potential.
The General Assembly further finds that giving more options to
parents and students with respect to where they attend public school will
increase the responsiveness and effectiveness of the state's schools since
teachers, administrators, and school board members will have added
incentive to satisfy the educational needs of the students who reside in
the district.
The General Assembly finds that these benefits of enhanced quality
and effectiveness in our public schools justify permitting a student to
apply for admission to a school in any district beyond the one in which
he resides, provided that the transfer by this student would not adversely
affect the desegregation of either district.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 68
Attendance in Another District
Section 59-68-10. This chapter may be cited as the `South Carolina
Public School Choice Act of 1991.'
Section 59-68-20. A public school choice program is established
to enable a pupil to attend a school in a district in which the pupil does
not reside, subject to the restrictions contained in this chapter.
Section 59-68-30. Before a pupil may attend a school in a
nonresident district, the pupil's parent or guardian must submit an
application to the nonresident district. This application must be
postmarked not later than February 1, of the year in which the pupil
would begin the fall semester at the nonresident district.
Section 59-68-40. A school board may, by resolution, determine
that it will not admit any nonresident pupils to its schools pursuant to
this chapter.
Section 59-68-50. The school board of a participating district shall
adopt, by resolution, specific standards for acceptance and rejection of
applications. Standards may include the capacity of a program, class,
grade level, or school building. Nothing in this chapter requires a school
district to add teachers or classrooms or in any way exceed the
requirements and standards established by existing law. Standards may
not include an applicant's previous academic achievement, athletic or
other extracurricular ability, handicapping conditions, English
proficiency level, or previous disciplinary proceedings.
Section 59-68-60. Within sixty days of the receipt of an application
from a nonresident pupil seeking admission under the terms of this
chapter, a participating district shall notify the parent or guardian and the
resident district in writing as to whether the pupil's application has been
accepted or rejected. If an application is rejected, the nonresident
district shall state in the notification letter the reasons for rejection.
Section 59-68-70. The responsibility for transportation for a
nonresident pupil must be borne generally by the pupil. The resident
district may transport the student to the district boundary or to a point
agreeable to the parent or the nonresident district within either the
resident or nonresident district and count that student in the resident
district's enrollment for transportation funding purposes only. The
nonresident district may provide transportation from the resident
district's boundary or from a point agreeable with the parent or the
resident district within either the resident or nonresident district to a
school in the nonresident district and count that student in the
nonresident district's enrollment for transportation funding purposes
only.
Section 59-68-80. A nonresident district shall accept credits toward
graduation that were awarded by another district.
Section 59-68-90. Except as otherwise provided in Section
59-68-70, for purposes of the Education Finance Act (EFA), the
Educational Improvement Act (EIA), and other applicable provisions of
law, the nonresident student must be counted as a part of the average
daily enrollment of the district to which the student has transferred. All
add-on weightings generated by the student must also be transferred to
the district of attendance.
Section 59-68-100. The provisions of this chapter and all pupil
choice options created hereby are subject to the following limitations:
(1) No student may transfer to a nonresident district where the
percentage of enrollment for the student's race, plus or minus five
percent, exceeds that percentage in his resident district.
(2) In any instance where the provisions of item (1) would result
in a conflict with a desegregation court order, the terms of the order
govern.
Section 59-68-110. A student who transfers to a nonresident district
is not eligible for interscholastic athletic competition for one year from
the date of the beginning of the transfer.
Section 59-68-120. The State Board of Education may promulgate
regulations necessary to implement the provisions of this chapter and is
further authorized to resolve disputes arising under Sections 59-68-70
through 59-68-110 of this chapter.
Section 59-68-130. The provisions of this chapter are supplemental
to other provisions and requirements of law relating to school attendance
of pupils."
SECTION 3. This act takes effect January 1, 1992.
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