H*3048(Rat #0293, Act #0241 of 2002)  General Bill, By Campsen, Delleney, 
Littlejohn, Davenport, Altman, Clyburn, Simrill, D. Owens, Robinson, Loftis, 
Leach, Hamilton, Vaughn, Knotts and Bingham
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS
 EDUCATION ACT" TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A
 POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL UNDER CERTAIN
 CONDITIONS TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION CONDUCTED BY A PRIVATE
 ENTITY.-amended title

   12/06/00  House  Prefiled
   12/06/00  House  Referred to Committee on Education and Public Works
   01/09/01  House  Introduced and read first time HJ-30
   01/09/01  House  Referred to Committee on Education and Public
                     Works HJ-30
   02/21/01  House  Recalled from Committee on Education and Public
                     Works HJ-30
   02/21/01  House  Committed to Committee on Judiciary HJ-30
   03/07/01  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   03/12/01  House  Debate adjourned until Tuesday, March 20, 2001 HJ-12
   03/20/01  House  Amended HJ-19
   03/20/01  House  Read second time HJ-21
   03/21/01  House  Read third time and sent to Senate HJ-15
   03/22/01  Senate Introduced and read first time SJ-18
   03/22/01  Senate Referred to Committee on Education SJ-18
   06/05/01  Senate Committee report: Favorable Education SJ-13
   04/10/02  Senate Read second time SJ-33
   04/10/02  Senate Ordered to third reading with notice of
                     amendments SJ-33
   04/24/02  Senate Read third time and enrolled SJ-30
   05/08/02         Ratified R 293
   05/14/02         Signed By Governor
   06/05/02         Act No. 241
   06/19/02         Effective date 05/14/02
   06/19/02         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS EDUCATION ACT" TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL UNDER CERTAIN CONDITIONS TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION CONDUCTED BY A PRIVATE ENTITY.

Whereas, the South Carolina General Assembly finds that:

(1) The free exercise of religion is an inherent, fundamental, and inalienable right secured by the First Amendment to the United States Constitution.

(2) The free exercise of religion is important to the intellectual, moral, civic, and ethical development of students in South Carolina, and that any such exercise must be conducted in a constitutionally appropriate manner.

(3) The United States Supreme Court, in its decision, Zorach v. Clauson, 343 U.S. 306 (1952), upheld the constitutionality of released time programs for religious instruction during the school day if the programs take place away from school grounds, school officials do not promote attendance at religious classes, and solicitation of students to attend is not done at the expense of public schools.

(4) The federal Constitution and state law allow the state's school districts to offer religious released time education for the benefit of the state's public school students.

(5) The purpose of this act is to incorporate a constitutionally acceptable method of allowing religious instruction to the state's public school students during the school day in released time programs that do not involve the expenditure of public funds to implement the programs. Now, therefore,

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

Citation

SECTION 1. This act may be cited as the "South Carolina Released Time for Religious Education Act".

Excused from school for religious instruction

SECTION 2. Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-460. (A) The school district board of trustees may adopt a policy that authorizes a student to be excused from school to attend a class in religious instruction conducted by a private entity if:

(1) the student's parent or guardian gives written consent;

(2) the sponsoring entity maintains attendance records and makes them available to the public school the student attends;

(3) transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, or guardian;

(4) the sponsoring entity makes provisions for and assumes liability for the student who is excused; and

(5) no public funds are expended and no public school personnel are involved in providing the religious instruction.

(B) It is the responsibility of a participating student to make up any missed schoolwork. However, no student may be released from a core academic subject class to attend a religious instruction class. While in attendance in a religious instruction class pursuant to this section, a student is not considered to be absent from school."

Severability

SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

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

Ratified the 8th day of May, 2002.

Approved the 14th day of May, 2002.