H 4676 Session 110 (1993-1994)
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.
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