H 4429 General Bill, By Cave, Breeland, J. Brown, A.W. Byrd, Canty, Clyburn, 
M. Hines, Inabinett, Littlejohn, Lloyd, Rice, Richardson and Whipper
 A Bill to amend Section 59-35-10, Code of Laws of South Carolina, 1976,
 relating to local school boards of trustees providing for kindergartens, so as
 to provide that the five-year-old kindergarten program in each school district
 must be a full-day program with at least the same hours of operation as have
 the elementary schools of the district, to provide that each district must
 also establish half-day four-year-old kindergarten programs and are authorized
 to establish full-day four-year-old kindergarten programs, and to provide that
 these kindergarten programs must be open to all eligible students of the
 district and not just to educationally disadvantaged or handicapped students;
 to amend Section 59-19-340, as amended, relating to the authorization of a
 school district to establish four-year-old child development programs, so as
 to require each district to establish four-year-old kindergarten programs in
 the manner provided by Section 59-35-10 above, and to provide that attendance
 in these four-year-old kindergarten programs is optional for all eligible
 students; and to amend Section 59-63-20, as amended, relating to the age of
 attendance in the public schools, so as to authorize four-year-old to attend
 optional kindergarten programs and to further provide for the manner in which
 these four-year-old children shall be counted for school funding purposes.

   01/11/96  House  Introduced and read first time HJ-3
   01/11/96  House  Referred to Committee on Education and Public
                     Works HJ-3

A BILL

TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SCHOOL BOARDS OF TRUSTEES PROVIDING FOR KINDERGARTENS, SO AS TO PROVIDE THAT THE FIVE-YEAR-OLD KINDERGARTEN PROGRAM IN EACH SCHOOL DISTRICT MUST BE A FULL-DAY PROGRAM WITH AT LEAST THE SAME HOURS OF OPERATION AS HAVE THE ELEMENTARY SCHOOLS OF THE DISTRICT, TO PROVIDE THAT EACH DISTRICT MUST ALSO ESTABLISH HALF-DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAMS AND ARE AUTHORIZED TO ESTABLISH FULL-DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAMS, AND TO PROVIDE THAT THESE KINDERGARTEN PROGRAMS MUST BE OPEN TO ALL ELIGIBLE STUDENTS OF THE DISTRICT AND NOT JUST TO EDUCATIONALLY DISADVANTAGED OR HANDICAPPED STUDENTS; TO AMEND SECTION 59-19-340, AS AMENDED, RELATING TO THE AUTHORIZATION OF A SCHOOL DISTRICT TO ESTABLISH FOUR-YEAR-OLD CHILD DEVELOPMENT PROGRAMS, SO AS TO REQUIRE EACH DISTRICT TO ESTABLISH FOUR-YEAR-OLD KINDERGARTEN PROGRAMS IN THE MANNER PROVIDED BY SECTION 59-35-10 ABOVE, AND TO PROVIDE THAT ATTENDANCE IN THESE FOUR-YEAR-OLD KINDERGARTEN PROGRAMS IS OPTIONAL FOR ALL ELIGIBLE STUDENTS; AND TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO THE AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO AUTHORIZE FOUR-YEAR-OLDS TO ATTEND OPTIONAL KINDERGARTEN PROGRAMS AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE FOUR-YEAR-OLD CHILDREN SHALL BE COUNTED FOR SCHOOL FUNDING PURPOSES.

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

SECTION 1. Section 59-35-10 of the 1976 Code is amended to read:

"Section 59-35-10. (A) The board of trustees of each school district shall establish and provide kindergartens for children within its jurisdiction. All children in the five-year-old kindergarten program must be counted in the average daily membership of any public school district when public school funds are to be apportioned to the several school districts. State aid for the five-year-old kindergarten program must be distributed through the formula provided for in the `Education Finance Act' (Act 163 of 1977).

(B) The five-year-old kindergarten program in each school district must be a full-day program with at least the same hours of operation as have the elementary schools of the district as required by Section 59-1-440. The board of trustees of a school district shall also establish half-day four-year-old kindergarten programs and are authorized to establish full-day four-year-old kindergarten programs in their discretion. Five-year-old and four-year-old kindergarten programs of a district must be open to all eligible students of the district and not just to educationally disadvantaged or handicapped students."

SECTION 2. Section 59-19-340 of the 1976 Code, as amended by Act 164 of 1993, is further amended to read:

"Section 59-19-340. The board of trustees of each school district may shall establish and provide for the education of kindergarten programs for children who will attain the age of four on or before September first of the applicable school year in the manner required by Section 59-35-10 child development programs. The boards of trustees of school districts having programs serving three and four-year-olds three-year-olds on the date of enactment of this section may continue to serve three-year-old children. Attendance at the four-year-old kindergarten programs established by a district is optional for all eligible students."

SECTION 3. Section 59-63-20(6) of the 1976 Code, as amended by Act 86 of 1993, is further amended to read:

"(6) Four-year-olds may attend optional kindergarten child development programs and all three-year-old, four-year-old, and five-year-old children with disabilities in accordance with their individual education program, may participate in any public education preschool program, including optional child development programs. Children with disabilities served in four-year-old optional kindergarten child development programs may be counted for funding under both funding sources."

SECTION 4. This act takes effect upon approval by the Governor and applies beginning with school year 1997-98.