S*0352(Rat #0150, Act #0165)  General Bill, By Washington, Ford, Glover, Hayes and 
Jackson

Similar(H 3091)
 A Bill to amend Section 59-65-30, Code of Laws of South Carolina, 1976,
 relating to exceptions to mandatory attendance requirements of children in
 public or private schools, so as to delete the exception of a child who is
 married or has been married, an unmarried child who is pregnant, or a child
 who has had a child outside of wedlock, a child who is ten years of age or
 older and has been out of school for three years or more if there are no
 special classes in the school district for the child to attend, and provide a
 new exception for a student who has a child and who is granted a temporary
 waiver from attendance by the district's attendance supervisor or his designee
 under certain conditions.-amended title

   02/03/93  Senate Introduced and read first time SJ-5
   02/03/93  Senate Referred to Committee on Education SJ-5
   04/15/93  Senate Committee report: Favorable with amendment
                     Education SJ-15
   04/20/93  Senate Amended SJ-42
   04/20/93  Senate Read second time SJ-42
   04/21/93  Senate Read third time and sent to House SJ-9
   04/22/93  House  Introduced and read first time HJ-12
   04/22/93  House  Referred to Committee on Education and Public
                     Works HJ-12
   05/05/93  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-8
   05/19/93  House  Amended HJ-66
   05/19/93  House  Read second time HJ-66
   05/20/93  House  Read third time and returned to Senate with
                     amendments HJ-16
   05/26/93  Senate Concurred in House amendment and enrolled SJ-27
   06/10/93         Ratified R 150
   06/16/93         Signed By Governor
   06/16/93         Effective date 06/16/93
   07/06/93         Copies available

AN ACT TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK, A CHILD WHO IS TEN YEARS OF AGE OR OLDER AND HAS BEEN OUT OF SCHOOL FOR THREE YEARS OR MORE IF THERE ARE NO SPECIAL CLASSES IN THE SCHOOL DISTRICT FOR THE CHILD TO ATTEND, AND PROVIDE A NEW EXCEPTION FOR A STUDENT WHO HAS A CHILD AND WHO IS GRANTED A TEMPORARY WAIVER FROM ATTENDANCE BY THE DISTRICT'S ATTENDANCE SUPERVISOR OR HIS DESIGNEE UNDER CERTAIN CONDITIONS.

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

Exceptions from mandatory school attendance

SECTION 1. Section 59-65-30 of the 1976 Code is amended to read:

"Section 59-65-30. The provisions of this article do not apply to:

(a) A child who has been graduated from high school or has received the equivalent of a high school education from a school approved by the State Board of Education, or member school of South Carolina Independent Schools' Association, or a private school in existence at the time of the passage of this article;

(b) A child who obtains a certificate from a psychologist certified by the State Department of Education or from a licensed physician stating that he is unable to attend school because of a physical or mental disability, provided there are no suitable special classes available for such child in the school district where he resides;

(c) A child who has completed the eighth grade and who is determined by the court to be legally and gainfully employed whose employment is further determined by such court to be necessary for the maintenance of his home;

(d) (Reserved)

(e) A student who has a child and who is granted a temporary waiver from attendance by the district's attendance supervisor or his designee. The district attendance supervisor may grant a temporary waiver only if he determines that suitable day care is unavailable. The student must consult with the district supervisor or his designee in a timely manner to consider all available day care options or the district shall consider the student to be in violation of this chapter.

(f) A child who has reached the age of sixteen years and whose further attendance in school, vocational school, or available special classes is determined by a court of competent jurisdiction to be disruptive to the educational program of the school, unproductive of further learning, or not in the best interest of the child, and who is authorized by the court to enter into suitable gainful employment under the supervision of the court until age seventeen is attained. However, prior to being exempted from the provisions of this article, the court may first require that the child concerned be examined physically and tested mentally to assist the court to determine whether or not gainful employment would be more suitable for the child than continued attendance in school. The examination and testing must be conducted by the Department of Youth Services or by any local agency which the court determines to be appropriate. The court shall revoke the exemption provided in this item upon a finding that the child fails to continue in his employment until reaching the age of seventeen years."

Time effective

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

Approved the 16th day of June, 1993.