S 0015 General Bill, By Short and Giese
 A BILL TO AMEND CHAPTER 65, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE
 PRE-SCHOOL HEALTH ASSESSMENT ACT OF 1997 TO REQUIRE PRE-SCHOOL HEALTH
 ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO
 PROVIDE EXCEPTIONS.

   01/14/97  Senate Introduced and read first time SJ-90
   01/14/97  Senate Referred to Committee on Education SJ-90

A BILL

TO AMEND CHAPTER 65, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE PRE-SCHOOL HEALTH ASSESSMENT ACT OF 1997 TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS.

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

SECTION 1. Chapter 65, Title 59 of the 1976 Code is amended by adding:

Section 59-65-700. This act may be cited as the `Pre-School Health Assessment Act of 1997.'

Section 59-65-720. (A) Beginning with the 1998-1999 school year, except as provided for in subsection (B) or (C), before entering public school a student must have a health assessment conducted if the student has not previously been enrolled in a public school in this State and the student is:

(1) entering four-year-old kindergarten, kindergarten, or the first grade; or

(2) entering the second or a higher grade and is under nine years old.

(B) If a student has not had a health assessment, the student may obtain an extension and enter public school if the student's parent or guardian signs a statement on a form provided by the school district stating that a health assessment has been scheduled and the results of the assessment will be submitted to the district within ninety days of the student entering school.

(C) A health assessment is not required for a student who is an adherent of a religious denomination whose religious teachings are opposed to such assessments, and the student's parent or guardian, submits a statement to that effect.

(D) The health assessment must be conducted by a physician, physician assistant, nurse practitioner, or a registered nurse licensed in the State of South Carolina, and must include, but is not limited to, a health history, physical examination, and screening tests as are medically indicated to determine hearing ability, vision ability, nutrition adequacy, and appropriate growth and development. A standard form developed by the Department of Health and Environmental Control indicating that the assessment has been completed and indicating adequate health for public school attendance must be submitted to the school the student will be attending and must have been conducted within twelve months of being submitted. A similar form from another state, territory, or military branch of the United States satisfies this requirement.

Section 59-65-720. The school district shall exclude from attendance any student who has not submitted the results of a health assessment unless a statement is submitted as provided for in Section 59-65-710(B) or the student is exempt from having an assessment conducted pursuant to Section 59-65-710(C). If a student is excluded from attendance, the school district shall notify in writing the student's parent or guardian stating:

(1) the reason for the exclusion;

(2) that the student will continue to be excluded until the student has complied with the requirements of this article; and

(3) that upon written request the parent or guardian has the right to a hearing before the school board.

Section 59-65-730. Information contained in the health assessment and the results of the health assessment are confidential and must not be disclosed or made public except:

(1) to appropriate school district personnel to the extent necessary to administer this article and to protect the health of the student;

(2) if a medical emergency exists, to medical personnel to the extent necessary to protect the health of the student and the health care provider;

(3) if the parent or guardian of a student under eighteen years of age consents or if the student is eighteen years of age or older, if the student consents;

(4) if no person can be identified in the information to be disclosed and the disclosure is for statistical or research purposes.

Section 59-65-740. To assist parents and schools, the Department of Health and Environmental Control and the State Department of Education jointly shall promulgate regulations necessary to carry out this article. The regulations shall include, but are not limited to, tests to be included in the health assessment and procedures for taking corrective action and conducting follow-up on problems identified in the assessment."

SECTION 2. This act takes effect upon approval by the Governor.