H 4447 General Bill, By Meacham, Allison, Davenport, Easterday, Haskins, Lee, 
Rice, Simrill, Vaughn and Young-Brickell

Similar(H 4411)
 A Bill to amend Section 59-63-30, Code of Laws of South Carolina, 1976,
 relating to residency and other eligibility requirements of children to attend
 public schools, so as to delete a provision allowing a child to attend a
 public school in a particular district if the child owns certain real estate
 in the district; and to amend Section 59-63-31, relating to additional
 qualifications for attendance at public schools, so as to conform a reference
 in the Section to the revised provisions of Section 59-63-30.

   01/16/96  House  Introduced and read first time HJ-18
   01/16/96  House  Referred to Committee on Education and Public
                     Works HJ-18
   04/09/96  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-15
   04/11/96  House   Committee amendment tabled HJ-39
   04/11/96  House  Tabled HJ-41
   04/11/96  House  Reconsidered HJ-50
   04/11/96  House  Debate adjourned until Tuesday, April 16, 1996 HJ-55
   04/16/96  House  Objection by Rep. Sheheen, Scott, J. Brown,
                     Spearman, Knotts, Meacham, Cato, Kennedy,
                     Allison, Shissias, Cotty, Stuart, Trotter,
                     Vaughn & Byrd HJ-22
   04/24/96  House  Debate adjourned until Thursday, April 25, 1996 HJ-479
   05/01/96  House  Objection withdrawn by Rep. Sheheen HJ-61
   05/01/96  House  Amended HJ-75
   05/01/96  House  Read second time HJ-77
   05/01/96  House  Roll call Yeas-53 Nays-32 HJ-77
   05/02/96  House  Read third time and sent to Senate HJ-38
   05/02/96  Senate Introduced and read first time SJ-39
   05/02/96  Senate Referred to Committee on Education SJ-39

AMENDED

May 1, 1996

H. 4447

Introduced by REPS. Meacham, Simrill, Young-Brickell, Vaughn, Allison, Davenport, Rice, Easterday, Haskins and Lee

S. Printed 5/1/96--H.

Read the first time January 16, 1996.

A BILL

TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.

Amend Title To Conform

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

SECTION 1. Section 59-63-30 of the 1976 Code is amended to read:

"Section 59-63-30. Children within the ages prescribed by Section 59-63-20 shall be are entitled to attend the public schools of any school district, without charge, only if qualified under the following provisions of this section:

(a)(1) Such the child resides with its his parent or legal guardian;

(b)(2) the parent or legal guardian, with whom the child resides, is a resident of such the school district; or

(c) the child owns real estate in the district having an assessed value of three hundred dollars or more; and

(d)(3) the child has maintained a satisfactory scholastic record in accordance with scholastic standards of achievement prescribed by the trustees pursuant to Section 59-19-90; and

(e)(4) the child has not been guilty of infraction of the rules of conduct promulgated by the trustees of such the school district pursuant to Section 59-19-90."

SECTION 2. Section 59-63-31 of the 1976 Code, as added by Act 163 of 1991, is further amended to read:

"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)(3) and (e)(4)."

SECTION 3. Any child who attends the public schools of any district on the basis that he owns real estate in the district having an assessed value of three hundred dollars or more may continue to attend the schools of that district after the effective date of this act so long as they own such real estate, notwithstanding the amendments to Section 59-63-30 of the 1976 Code as contained herein.

SECTION 4. This act takes effect upon approval by the Governor.