H 4676 General Bill, By Kirsh
 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.

   02/03/94  House  Introduced and read first time HJ-5
   02/03/94  House  Referred to Committee on Education and Public
                     Works HJ-5

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.

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. This act takes effect upon approval by the Governor.