H*3472(Rat #0099, Act #0059 of 2013)  General Bill, By Owens, Harrell, Patrick, 
Gambrell, Taylor, Wells, Anthony, Mitchell, Cobb-Hunter, Allison, Pitts, Daning, 
Wood and Southard
 AN ACT TO AMEND SECTION 59-40-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE CONVERSION OF A PRIVATE SCHOOL TO A CHARTER SCHOOL AND
 THE REQUIREMENT THAT THE CONVERTED PRIVATE SCHOOL NOT BE ALLOWED TO OPEN AS A
 CHARTER SCHOOL FOR A PERIOD OF TWELVE MONTHS, SO AS TO PROVIDE THAT THE
 PROHIBITION AGAINST THE CONVERTED PRIVATE SCHOOL BEING ALLOWED TO OPEN AS A
 CHARTER SCHOOL FOR A PERIOD OF TWELVE MONTHS DOES NOT APPLY UNDER SPECIFIED
 CONDITIONS IF THE ENROLLMENT OF THE CONVERTED PRIVATE SCHOOL FOR THE MOST
 RECENTLY COMPLETED SCHOOL TERM BEFORE THE DATE OF THE PROPOSED CONVERSION
 REFLECTS THE RACIAL COMPOSITION OF THE LOCAL SCHOOL DISTRICT IN WHICH THE
 CONVERTED PRIVATE SCHOOL IS LOCATED; AND TO AMEND SECTION 59-40-100, AS
 AMENDED, RELATING TO THE CONVERSION TO A CHARTER SCHOOL, SO AS TO PROVIDE FOR
 THE MANNER IN WHICH CERTAIN SPECIAL PUBLIC SCHOOLS NOT ASSOCIATED WITH A
 PUBLIC SCHOOL DISTRICT MAY APPLY TO BECOME A PUBLIC CHARTER SCHOOL, AND TO
 PROVIDE THAT IF THE SPECIAL PUBLIC SCHOOL BECOMES A PUBLIC CHARTER SCHOOL, IT
 SHALL NOT BE DEEMED TO BE A CONVERTED CHARTER SCHOOL. - ratified title

   01/31/13  House  Introduced and read first time (House Journal-page 26)
   01/31/13  House  Referred to Committee on Education and Public
                     Works (House Journal-page 26)
   02/05/13  House  Member(s) request name added as sponsor:
                     Gambrell, Taylor, Wells, Anthony, Mitchell,
                     Cobb-Hunter, Allison
   02/06/13  House  Member(s) request name added as sponsor: Pitts, Daning
   02/19/13  House  Member(s) request name added as sponsor: Wood
   02/21/13  House  Committee report: Favorable Education and Public
                     Works (House Journal-page 2)
   02/22/13         Scrivener's error corrected
   02/26/13  House  Member(s) request name added as sponsor: Southard
   02/27/13  House  Read second time (House Journal-page 53)
   02/27/13  House  Roll call Yeas-105  Nays-0 (House Journal-page 54)
   02/28/13  House  Read third time and sent to Senate
                     (House Journal-page 38)
   02/28/13  Senate Introduced and read first time (Senate Journal-page 15)
   02/28/13  Senate Referred to Committee on Education
                     (Senate Journal-page 15)
   05/09/13  Senate Committee report: Favorable with amendment
                     Education (Senate Journal-page 5)
   05/13/13  Senate Committee Amendment Adopted (Senate Journal-page 10)
   05/13/13  Senate Read second time (Senate Journal-page 10)
   05/14/13  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 9)
   05/21/13  House  Debate adjourned until Wed., 5-29-13
                     (House Journal-page 51)
   05/29/13  House  Debate adjourned until Thur., 5-30-13
                     (House Journal-page 35)
   05/30/13  House  Debate adjourned until Tues., 6-4-13
                     (House Journal-page 85)
   06/04/13  House  Debate adjourned until Wed., 6-5-13
                     (House Journal-page 26)
   06/05/13  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 15)
   06/11/13         Ratified R 99
   06/12/13         Signed By Governor
   06/18/13         Effective date See Act for Effective Date
   06/18/13         Act No. 59

(A59, R99, H3472)

AN ACT TO AMEND SECTION 59-40-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONVERSION OF A PRIVATE SCHOOL TO A CHARTER SCHOOL AND THE REQUIREMENT THAT THE CONVERTED PRIVATE SCHOOL NOT BE ALLOWED TO OPEN AS A CHARTER SCHOOL FOR A PERIOD OF TWELVE MONTHS, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST THE CONVERTED PRIVATE SCHOOL BEING ALLOWED TO OPEN AS A CHARTER SCHOOL FOR A PERIOD OF TWELVE MONTHS DOES NOT APPLY UNDER SPECIFIED CONDITIONS IF THE ENROLLMENT OF THE CONVERTED PRIVATE SCHOOL FOR THE MOST RECENTLY COMPLETED SCHOOL TERM BEFORE THE DATE OF THE PROPOSED CONVERSION REFLECTS THE RACIAL COMPOSITION OF THE LOCAL SCHOOL DISTRICT IN WHICH THE CONVERTED PRIVATE SCHOOL IS LOCATED; AND TO AMEND SECTION 59-40-100, AS AMENDED, RELATING TO THE CONVERSION TO A CHARTER SCHOOL, SO AS TO PROVIDE FOR THE MANNER IN WHICH CERTAIN SPECIAL PUBLIC SCHOOLS NOT ASSOCIATED WITH A PUBLIC SCHOOL DISTRICT MAY APPLY TO BECOME A PUBLIC CHARTER SCHOOL, AND TO PROVIDE THAT IF THE SPECIAL PUBLIC SCHOOL BECOMES A PUBLIC CHARTER SCHOOL, IT SHALL NOT BE DEEMED TO BE A CONVERTED CHARTER SCHOOL.

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

Twelve month delay in opening not required

SECTION    1.    Section 59-40-210 of the 1976 Code, as last amended by Act 274 of 2006, is further amended to read:

"Section 59-40-210.    A school established as a private school, on the effective date of this section, which desires to convert to a charter school shall dissolve and must not be allowed to open as a charter school for a period of twelve months; provided, however, that if the enrollment of the converted private school for the most recently completed school term before the date of the proposed conversion to a charter school reflects the racial composition of the local school district in which the converted private school is located, the provisions of this section prohibiting the private school from opening as a charter school for a period of twelve months do not apply. However, the provisions of Section 59-40-70(D) continue to apply to a private school which was not required to close for a period of twelve months after its conversion to a charter school."

Special public school becoming a public charter school

SECTION    2.    A.        Section 59-40-100 of the 1976 Code, as last amended by Act 164 of 2012, is further amended by adding an appropriately numbered subsection to read:

"( )    A special public school that is funded directly by the State of South Carolina and, therefore, is not associated with a public school district may apply to become a public charter school if it serves as a professional development school for an institution of higher learning's teacher education program. If a special public school becomes a public charter school pursuant to this subsection, the provisions of Section 59-127-75 do not apply.

Notwithstanding any other provision of law, if the qualifying special public school becomes a public charter school, it shall be deemed not to be a converted charter school."

B.        This SECTION takes effect upon approval by the Governor and applies beginning with the 2013-2014 school year for any special public school that applies to become a public charter school by May 1, 2013.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 11th day of June, 2013.

Approved the 12th day of June, 2013.