H 3091 General Bill, By Kirsh, Delleney, Meacham, Moody-Lawrence and Simrill

Similar(S 352)
 A Bill to amend Section 59-65-30, Code of Laws of South Carolina, 1976,
 relating to exceptions to mandatory attendance requirements of children in
 public or private schools, so as to delete the exception of a child who is
 married or has been married, an unmarried child who is pregnant, or a child
 who has had a child outside of wedlock.

   01/13/93  House  Introduced and read first time HJ-14
   01/13/93  House  Referred to Committee on Education and Public
                     Works HJ-14
   04/21/93  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-15
   04/28/93  House  Amended HJ-47
   04/28/93  House  Debate interrupted HJ-49
   04/29/93  House  Debate adjourned until Tuesday, May 4, 1993 HJ-17
   05/04/93  House  Amended HJ-22
   05/04/93  House  Objection by Rep. White HJ-22
   05/04/93  House  Read second time HJ-23
   05/05/93  House  Read third time and sent to Senate HJ-14
   05/06/93  Senate Introduced and read first time SJ-9
   05/06/93  Senate Referred to Committee on Education SJ-9

AMENDED

May 4, 1993

H. 3091

Introduced by REPS. Kirsh, Simrill, Moody-Lawrence, Meacham and Delleney

S. Printed 5/4/93--H.

Read the first time January 13, 1993.

A BILL

TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.

Amend Title To Conform

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

SECTION 1. Section 59-65-30 of the 1976 Code is amended to read:

"Section 59-65-30. The provisions of this article shall (do) not apply to:

(a) Any A child who has been graduated from high school or has received the equivalent of a high school education from a school approved by the State Board of Education, or member school of South Carolina Independent Schools' Association, or a private school in existence at the time of the passage of this article;

(b) Any A child who obtains a certificate from a psychologist certified by the State Department of Education or from a licensed physician stating that he is unable to attend school because of a physical or mental disability; provided there are no suitable special classes available for such child in the school district where he resides;

(c) Any A child who has completed the eighth grade and who is determined by the court to be legally and gainfully employed whose employment is further determined by such court to be necessary for the maintenance of his home;

(d) Any child who, at the time this article becomes law, is ten years of age or older and has been out of school for three years or more, provided there are no special classes in the school district for the child to attend;

(e) Any child who is married or has been married, any unmarried child who is pregnant or any child who has had a child outside of wedlock;

(f) (d) Any A child who has reached the age of sixteen years and whose further attendance in school, vocational school, or available special classes is determined by a court of competent jurisdiction to be disruptive to the educational program of the school, unproductive of further learning, or not in the best interest of the child, and who is authorized by such the court to enter into suitable gainful employment under the supervision of the court until age seventeen is attained. Provided, however, that However, prior to being exempted from the provisions of this article, the court may first require that the child concerned be examined physically and tested mentally to assist the court to determine whether or not gainful employment would be more suitable for the child than continued attendance in school. Such The examination and testing shall must be conducted by the Department of Youth Services or by any local agency which the court determines to be appropriate.; provided, further, that the The court shall revoke the exemption herein provided in this item upon a finding that the child fails to continue in his employment until reaching the age of seventeen years.

(e) A student who has a child and who is granted a waiver from attendance by the district's attendance supervisor or his designee. The district attendance supervisor may grant a waiver only if he determines that suitable day care is unavailable. The student must consult with the district supervisor or his designee in a timely manner to consider all available day care options or the district shall consider the student to be in violation of this chapter."

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