H 4429 Session 111 (1995-1996)
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.
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