H 3530 General Bill, By J.H. Neal, Campsen, Canty, Gourdine, Inabinett, 
L.H. Limbaugh, Lloyd, J.D. McMaster and J. Smith

Similar(S 339)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS
 TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS
 THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE
 THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM
 SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL
 DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME
 AUTHORIZED; AND TO AMEND SECTION 59-1-440, AS AMENDED, RELATING TO THE MINIMUM
 HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION
 MAY BE CONSTRUED SO AS TO RESTRICT A STUDENT'S PARTICIPATION IN A PROGRAM OF
 OFF-CAMPUS RELIGIOUS INSTRUCTION PURSUANT TO SECTION 59-1-460 AND TO PROVIDE
 THAT TIME SPENT IN A PROGRAM OF OFF-CAMPUS RELIGIOUS INSTRUCTION IS INCLUDED
 AS A PART OF THE INSTRUCTIONAL DAY.

   02/25/97  House  Introduced and read first time HJ-14
   02/25/97  House  Referred to Committee on Education and Public
                     Works HJ-15

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED; AND TO AMEND SECTION 59-1-440, AS AMENDED, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION MAY BE CONSTRUED SO AS TO RESTRICT A STUDENT'S PARTICIPATION IN A PROGRAM OF OFF-CAMPUS RELIGIOUS INSTRUCTION PURSUANT TO SECTION 59-1-460 AND TO PROVIDE THAT TIME SPENT IN A PROGRAM OF OFF-CAMPUS RELIGIOUS INSTRUCTION IS INCLUDED AS A PART OF THE INSTRUCTIONAL DAY.

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

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

"Section 59-1-460. The school district board of trustees may authorize a student to be excused from school to attend a class in religious instruction if:

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

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

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

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

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

At the elementary, middle school, junior high, or high school level, classes in religious instruction shall be held at a time determined by local school board policy. It is the responsibility of a participating student to make up any missed school work.

While in attendance in a religious instruction class pursuant to this section, a student is not considered to be absent from school.

The board of trustees of the school district shall develop a policy that provides reasonable parameters for the release time authorized by this section, including the academic and behavior standards to be met by students before qualifying for release time."

SECTION 2. Section 59-1-440 of the 1976 Code, as last amended by Act 503 of 1994, is further amended to read:

"Section 59-1-440. The instructional day for secondary students must be at least six hours a day, or its equivalent weekly, excluding lunch. The school day for elementary students must be at least six hours a day, or its equivalent weekly, including lunch. Before varying the length of the school day, the administration must consult with the affected parents of students and school faculty, and obtain authorization to vary the length of the school day from the school district board of trustees. Nothing in this section may be construed so as to restrict a student's participation in a program of off-campus religious instruction pursuant to Section 59-1-460. Time spent in a program of off-campus religious instruction must be included as a part of the instructional day for purposes of this section.

Elementary and secondary schools may reduce the length of the instructional day to not less than three hours on or not more than three days each school year for staff development or for the purpose of administering end-of-semester and end-of-year examinations.

The early dismissal of schools necessitated by emergency conditions related to weather or other extreme circumstances affecting the health, safety, and welfare of students must be reported in writing to the Director of the Office of Organizational Development of the Department of Education within ten days of the conclusion of the emergency for approval. The report must include a justification for the early dismissal. If approved, the day or days missed are not required to be made up. During the first three school years of implementation of this approval provision, the schools dismissing early and number of days approved to not be made up must be reported by the State Superintendent of Education to the Senate Education Committee and the House Education and Public Works Committee.

Priority during the instructional day must be given to teaching and learning tasks. Class interruptions must be limited only to emergencies. Volunteer blood drives as determined by the principal may be conducted at times which would not interfere with classroom instruction such as study period, lunch period, and before and after school."

SECTION 3. This act takes effect August 1, 1997.