H 3851 General Bill, By D.A. Wright
 A Bill enact the South Carolina Parental Responsibilities Act of 1991
 including provisions to amend Section 59-20-60, Code of Laws of South
 Carolina, 1976, relating to spending priorities of school districts and school
 improvement reports, so as to further provide for the format of this report
 regarding home-school relationships; to amend Chapter 65, Title 59, relating
 to attendance of pupils by adding Article 4 so as to provide for school
 truancy plans and procedures; to add Section 59-26-95 so as to provide that
 the State Board of Education shall promulgate regulations to provide that
 school guidance counselors are employed primarily to counsel students, give
 group guidance where appropriate, and work with students' parents and
 teachers; to amend Section 59-26-20, relating to the duties of the State Board
 of Education, so as to provide that the State Board shall adopt certain
 program approval standards relating to students pursuing teaching programs in
 regard to working with students at risk and their parents; to add Section
 59-26-85 so as to provide that the State Department of Education shall develop
 in-service training programs for working with students at risk and their
 parents; to amend Section 43-5-550, relating to statewide work support
 services delivery system of public aid and assistance, so as to include
 parental training for young custodial parents; to amend Sections 59-65-20,
 59-65-50, and 59-65-60, relating to the attendance of pupils including
 penalties for violation, so as to establish certain procedures for handling
 nonattendance cases; and to repeal Section 59-65-70, relating to the power of
 a court of competent jurisdiction to declare a child delinquent for failure to
 attend school.

   04/11/91  House  Introduced and read first time HJ-19
   04/11/91  House  Referred to Committee on Education and Public
                     Works HJ-19

A BILL

TO ENACT THE SOUTH CAROLINA PARENTAL RESPONSIBILITIES ACT OF 1991 INCLUDING PROVISIONS TO AMEND SECTION 59-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES OF SCHOOL DISTRICTS AND SCHOOL IMPROVEMENT REPORTS, SO AS TO FURTHER PROVIDE FOR THE FORMAT OF THIS REPORT REGARDING HOME-SCHOOL RELATIONSHIPS; TO AMEND CHAPTER 65, TITLE 59, RELATING TO ATTENDANCE OF PUPILS BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR SCHOOL TRUANCY PLANS AND PROCEDURES; TO ADD SECTION 59-26-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS TO PROVIDE THAT SCHOOL GUIDANCE COUNSELORS ARE EMPLOYED PRIMARILY TO COUNSEL STUDENTS, GIVE GROUP GUIDANCE WHERE APPROPRIATE, AND WORK WITH STUDENTS' PARENTS AND TEACHERS; TO AMEND SECTION 59-26-20, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD SHALL ADOPT CERTAIN PROGRAM APPROVAL STANDARDS RELATING TO STUDENTS PURSUING TEACHING PROGRAMS IN REGARD TO WORKING WITH STUDENTS AT RISK AND THEIR PARENTS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR WORKING WITH STUDENTS AT RISK AND THEIR PARENTS; TO AMEND SECTION 43-5-550, RELATING TO THE STATEWIDE WORK SUPPORT SERVICES DELIVERY SYSTEM OF PUBLIC AID AND ASSISTANCE, SO AS TO INCLUDE PARENTAL TRAINING FOR YOUNG CUSTODIAL PARENTS; TO AMEND SECTIONS 59-65-20, 59-65-50, AND 59-65-60, RELATING TO THE ATTENDANCE OF PUPILS INCLUDING PENALTIES FOR VIOLATION, SO AS TO ESTABLISH CERTAIN PROCEDURES FOR HANDLING NONATTENDANCE CASES; AND TO REPEAL SECTION 59-65-70, RELATING TO THE POWER OF A COURT OF COMPETENT JURISDICTION TO DECLARE A CHILD DELINQUENT FOR FAILURE TO ATTEND SCHOOL.

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

SECTION 1. This act may be cited as the "South Carolina Parental Responsibilities Act of 1991".

SECTION 2. The General Assembly finds that school nonattendance places students at risk of academic failure, and failure in other arenas of life.

The General Assembly further finds that parents bear the primary responsibility for their children's education, and play a central role in determining their future achievement.

It is the purpose of this act to set forth the responsibilities of parents to work in concert with students, schools, and other agencies to assure students' regular school attendance, and early and ongoing school success.

In enacting this legislation, it is the intent of the General Assembly to ensure:

(1) that parents clearly understand their primary role in their children's education, and are offered every reasonable assistance, by all child- and family-serving agencies but especially by schools, to support them in that role;

(2) that the problems academic and otherwise that may contribute to students' school nonattendance are identified and addressed at the time they first occur, especially in elementary school; and

(3) that when legal remedies are found to be necessary, they will be applied only after other reasonable means of achieving cooperation have been attempted and have failed to secure a resolution of the nonattendance problem.

SECTION 3. Section 59-20-60(3) of the 1976 Code is amended to read:

"(3) Each school district board of trustees shall cause each school in the district to prepare an annual written report to be known as the school improvement report. The reports shall must focus on factors found by research to be effective in improving schools, these factors to be prescribed by regulation of the State Board of Education. The State Board of Education shall prescribe the format of the reports and the manner in which they must be developed and submitted, provided that the prescribed format for the home-school relations section of the report must require schools to specify their plans for development of parent-school partnerships including but not limited to the following components, and based on best research and exemplary practice nationally:

(a) Parenting training about effective parent roles to support student achievement, which may include basic obligations of parents to promote development of their children, learning enrichment at home, and working effectively with the schools. Strategies outlined in this section of the report may build on current practices authorized by law, such as training for parents of preschool children.

(b) Home-school communications, which may include orientation for parents of new students, beginning-of-year orientation meetings, routine communications, individual course or class plans and expectations, individual student progress reports, and parent communication of questions and concerns. The report must also delineate what training has been or will be provided in effective techniques for parent conferencing, with special attention to the identification of barriers that may prevent parents from attending such conferences and how those barriers may be overcome.

(c) Special outreach programs or strategies to involve parents of children at risk of school failure, as defined by factors including, but not limited to, school nonattendance and academic underachievement.

(d) Business and community partnerships to promote parental involvement.

(e) A plan for improving parent-school communications and parent involvement in the learning of their children, including a plan for the handling of truancies and tardies.

The State Department of Education, in conjunction with the School Council Assistance Project, shall provide technical assistance and training in support of the implementation of this plan.

Each school board of trustees shall establish an improvement council at each school in the district composed of at least two parents, elected by the parents of the children enrolled in the school; at least two teachers, elected by the faculty; at least two students in schools with grades nine and above elected by the students; other representatives of the community and persons elected by the principal. The elected members of the council shall comprise at least a two-thirds majority of the membership of the council. The councils must be constituted in each school no later than January 1, 1978. Each council shall assist in the preparation of the annual school improvement report required in this section, assist with the development and monitoring of school improvement, provide advice on the use of school incentive grant awards, and provide assistance as the principal may request as well as carrying out any other duties prescribed by the local school board. The local school board shall make provisions to allow any council to file a separate report to the local school board if the council considers it necessary. However, no council shall have any of the powers and duties reserved by law or regulation to the local school board. Notwithstanding any other provisions of this item, when an area vocational center establishes a local school improvement council, it must be composed as defined exclusively by federal law. The council shall perform all duties and responsibilities provided for in any state or federal law which applies to these councils.

In order to provide additional accountability for funds expended under the Education Finance Act and the Education Improvement Act the elected members of the school improvement council shall serve a minimum term of two years. Parents of students or students in their last year of enrollment at an individual school may serve terms of one year only. The terms must be staggered and determined by lot. Elections of members to school improvement councils shall occur no later than October fifteenth of the school year. Within thirty days following the election, the names, addresses, terms of service, and status of all council members as a parent, teacher, student, or representative of the community must be forwarded to the State Department of Education for the purpose of sharing information. The district board of trustees shall include in its annual district report a summary of the training opportunities provided or to be provided for school improvement council members and professional educators in regard to council-related tasks and a summary of programs and activities involving parents and citizens in the school."

SECTION 4. Chapter 65, Title 59 of the 1976 Code is amended by adding:

Section 59-65-130. The State Board of Education shall establish policies and procedures for allowing schools and school districts to enroll students in vocational, technical, or adult education programs when such programs are sought as a part of a student program for preventing further truancy.

Section 59-65-140. The board of trustees of each school district may establish policies which provide for the consequences of a child's truancy which may include, but not be limited to, assigning the child to detention or to a supervised, directed program. The program need not be held during the regular school day. The policies may specify the conditions under which credit may be given for work completed during detention or other program.

Section 59-65-150. During the month of March 1992, in each county, the superintendent of the school district which contains the county seat shall convene a committee to devise a truancy plan. At its first meeting the committee shall elect a chairperson, vice chair, and secretary. Not later than August 1992, the committee shall make recommendations to the school boards of trustees within the county and to the various organizations represented in the school districts/county truancy plan. The committee shall consist of the following members:

(a) The superintendent and a member of the board of trustees of each school district in the county. The board member must be designated by the chairperson of the board of trustees.

(b) The county attorney, or his designee.

(c) The sheriff, or his designee and the heads of all other law enforcement agencies within the county, or their designees.

(d) A representative of the family court for the county, designated by the chief family court judge of that circuit.

(e) The head of the county social services and health and environmental control agencies, or their designees.

(f) The solicitor, or his designee.

(g) Other members as determined by the committee.

The committee shall consult with other county agencies, residents, and business representatives, as appropriate. The truancy committee shall meet annually, or as needed, to further interagency and community groups' cooperation and to make needed revisions in the truancy plan.

The truancy committee shall develop, among other things, uniform procedures to be followed for referring children and parents or guardians to the solicitor for truancy, a plan for furthering cooperation among the agencies and community groups for dealing with truancy, agreement for the uniform processing of truancy cases within the court system.

The committee shall develop a written report, to include, but not be limited to: agreements reached concerning procedures and policies for preventing and handling truancies pursuant to Sections 59-65-50 and 59-65-60; the identification of local ordinances, and school or agency policies that contribute to or inhibit the response to truancy in the county; recommendations for legislation and school and agency policies to assist in dealing with truancy.

A copy of the report must be sent to the State Department of Education which shall compile information on state statutes cited in the truancy committee reports and provide the information to the education committees of the House and Senate.

Section 59-65-160. No later than October 1, 1992, each school district board of trustees shall adopt a truancy plan which provides for escalating activities to address a truancy case. The plan must include, but not be limited to, procedures for meeting and conferring with parents; plans and procedures for returning truants to school, including the school personnel to whom a truant must be returned; the immediate response to be made by school personnel when a truant is returned to school; methods for involving the truant's parents in dealing with and solving the child's truancy problems; procedures for coordinating and cooperating with other county agencies; and plans for allowing alternative schooling patterns.

Section 59-65-170. Each school in developing its truancy prevention plan shall consider, but not be limited to: establishing education contracts with the student, establishing student education plans or attendance contracts with the child's parents or guardian, providing parents or guardians with study guides on their child's courses, developing parent support groups, and using in-school mentors."

SECTION 5. The 1976 Code is amended by adding:

"Section 59-26-85. The State Department of Education, in cooperating with the appropriate technical assistance entities which have expertise in the areas of at-risk youth and parent involvement, shall develop or select inservice training programs for teachers, administrators, and school improvement councils in working with students at risk of school failure and their parents. Special attention must be given to teaching and student development techniques found by research to promote, at a minimum, high academic achievement, high self-esteem, and high levels of social conduct and responsibility."

SECTION 6. Section 59-26-20 of the 1976 Code is amended by adding at the end:

"(p) Adopt program approval standards so that, beginning with school year 1992-93, students who are pursuing a program in a college or university in this State which leads to certification as instructional or administrative personnel shall complete training and teacher development experiences in working with students at risk of school failure and with parents. Special attention must be given to teaching and student development techniques found by research to promote, at a minimum, high-academic achievement, high self-esteem, and high levels of social conduct and responsibility."

SECTION 7. The 1976 Code is amended by adding:

"Section 59-26-95. The State Board of Education shall promulgate regulations to provide that school guidance counselors are employed primarily to counsel students, give group guidance where appropriate, and work with students' parents and teachers."

SECTION 8. Section 43-5-550(h)(3) of the 1976 Code is amended to read:

"(3) Following assessment, an individual employability plan must be written responding to the needs of the client. A vocational objective must be established for each client in keeping with identified abilities, aptitudes, competencies, and interests. Services must also must be identified in the Plan plan which assist the client to enter employment. Support services such as parenting skills for young custodial parents are required components for Aid to Families with Dependent Children recipients whose individual employment plans prescribe these activities. Individual employment plans for all custodial parents under the age of twenty years must include parenting skills."

SECTION 9. Section 59-65-20 of the 1976 Code is amended to read:

"Section 59-65-20. Any If a parent or guardian who neglects to enroll his child or ward or refuses to make such child or ward attend in school, the school district shall report this nonenrollment to the appropriate solicitor in writing. The solicitor immediately shall petition the family court for an order directing the parent or guardian to appear before the court for a hearing. At the hearing the court may order the parent or guardian to enroll his child in school.

A parent or guardian who fails to comply with an order to enroll his child in school is guilty of contempt and shall must, upon conviction, be fined not more than fifty dollars or be imprisoned for not more than thirty days; each. Each day's absence shall constitute is a separate offense; provided,. However, the court may in its discretion may suspend the sentence of anyone convicted of the provisions of this article section."

SECTION 10. Section 59-65-50 of the 1976 Code is amended to read:

"Section 59-65-50. If the board of trustees of a school district or its designee is unable to obtain the school attendance of a child in the age group specified in Section 59-65-10, the board or its designee shall report such nonattendance in writing to the juvenile court or such other court in the county as may have jurisdiction of juveniles but exclusive of magistrate's courts notwithstanding the provisions of Section 22-3-540; provided, that no one except the board of trustees or its designee shall have the authority to institute the proceedings herein.

(A) The board of trustees of a school district shall notify all enrolled students and all parents or guardians of students of the school attendance laws and their penalties and consequences at the beginning of each school year. Copies of the school attendance laws and district policies and procedures regarding nonattendance must be filed in each school and copies made available upon request.

(B) The student's parent or guardian must be notified of the student's nonattendance when the student has accumulated three consecutive unlawful absences or five cumulative unlawful absences. Notice must be given by telephone contact with the student's parent or guardian by the end of the school day in which the last absence occurred, by regular mail sent no later than the following school day, by visit to the student's home, or by any other reasonable means.

(C) After three consecutive unlawful absences or five cumulative unlawful absences, the school shall determine if the student is at risk of school failure and if so schedule a conference with the student and parent or guardian. The school shall make every reasonable effort to schedule the conference at a mutually convenient time and date. However, it is the responsibility of parents to keep school appointments to avoid being cited for educational neglect.

(D) Failure of the parent or guardian to comply with the request for a conference should be considered in the procedures developed by truancy committees pursuant to Section 59-65-150.

(E) Prior to any proceeding being brought against a child or against a parent or guardian under Section 59-65-60, appropriate school personnel must have reviewed all pertinent school records, met with the child, and taken other necessary steps to determine whether program changes would assist in resolving the nonattendance problem.

(F) Based on the determinations made in (a) through (c) above, and on other pertinent information, the district shall work with the parent or guardian at the time of the nonattendance conference to formulate a proposed intervention plan. The plan must address the following items:

(a) the reason for nonattendance, as stated by the parent or guardian and by the child;

(b) an assessment of the needs to be met to facilitate the child's future attendance;

(c) the actions to be taken by the parent or guardian to resolve the nonattendance problem;

(d) the actions to be taken by the student to resolve the nonattendance problem;

(e) the actions to be taken by the school to resolve the nonattendance problem, including actions to address any academic deficiencies that may be contributing to the child's nonattendance;

(f) referrals to other agencies or services, as appropriate and as indicated by the needs assessment; and

(g) signatures of the parent or guardian and, if appropriate, of the student.

The plan must be reduced to writing by the school district, a copy included in the child's permanent record, and a copy provided to the parent or guardian no later than five working days after the conference.

(G) After a child has had six consecutive unlawful absences or a total of eight unlawful absences, the school district may file a report with the solicitor and request prosecution if it is determined that the student is at risk of school failure

(H) After a child has had a total of ten or more unlawful absences, the school district must file a report with the solicitor and the solicitor may promptly proceed with prosecution. The report must indicate the affirmative action taken by the district to work with the child and with the parent or guardian and all other appropriate entities to secure the child's attendance.

(I) If, during the activities designed to remedy the nonattendance problem as provided in this section and Section 59-65-60, the parent or guardian of the student who is the subject of these activities transfers the student to another district in the State, the administration of the school from which the student transferred shall include all plans and documentation associated with improving attendance with the official records that are sent to the receiving school district."

SECTION 11. Section 59-65-60 of the 1976 Code is amended to read:

"Section 59-65-60. (a) Upon receipt of such report, the court may forthwith order the appearance before such court of the responsible parent or guardian and if it deems necessary, the minor involved, for such action as the court may deem necessary to carry out the provisions of this article.

(b) The court may, after hearing upon ten days notice, order such parent or guardian to require such child to attend school and upon failure of such parent to comply with such order may punish such parent or guardian as by contempt, provided, that punishment for such contempt cannot exceed fifty dollars or thirty days imprisonment for each offense.

The procedure herein provided shall be alternative to the penalties provided in Section 59-65-20.

(A) Upon the tenth unlawful absence, the further accumulation of unlawful absences for the purposes of school attendance must be tolled until the date of the family court hearing. Within twenty-four hours following the tenth unlawful absence, the school district shall make a report of the nonattendance to the solicitor. If this deadline falls upon a weekend, the school district has until 5:00 p.m. the following Monday to discharge this duty. This report must be made regardless of whether any action has already been commenced under Section 59-65-60(G) and the following mandatory timelines apply whenever the number of unlawful absences reaches ten.

Within forty-eight hours following receipt of the report, the solicitor may file the complaint. If this deadline falls upon a weekend, the solicitor may wait until 5:00 p.m. the following Monday to discharge this duty. After the filing of the complaint for nonattendance, personal service of it upon the parent or guardian and child must be expedited by the local authorities. A hearing upon the merits of the complaint must be held in the family court within five days following service, provided, that where the end of the fifth calendar day falls upon a weekend, the hearing must be scheduled on the following Monday.

(B) At the hearing the district must make available a copy of the intervention plan and, to the extent that it is not included on the plan, information on the child's academic performance including but not limited to the total number of absences, test scores, results of psychological evaluations, and number and type of disciplinary actions taken.

(C) At the hearing the court may order the parent or guardian to require the child to attend school. A parent or guardian who fails thereafter to comply with the order is guilty of contempt, and must be fined not more than two hundred fifty dollars or imprisoned for not more than thirty days for each offense, provided that the family court, upon finding that the parent or guardian has made a bona fide and diligent effort to keep the child in school, shall excuse the parent or guardian from penalties prescribed in this section and may refer the parent and child for services needed to correct the situation that led to the child's nonattendance. These services may include, but are not limited to, substance abuse treatment, literacy, or basic skills training, parent skills training, and family therapy.

(D) If the court finds that the parent or guardian has not made a bona fide and diligent effort to comply with the order issued at the attendance hearing, the family court, in addition to imposing the other penalties set forth in this section, may order the parent or guardian to attend a parental responsibility program jointly approved by the Department of Education, the Department of Social Services, and the Department of Youth Services.

These programs must be approved after review of the specific problems underlying student nonattendance for various age and income groups, and based on criteria which include the potential to resolve those identified problems. The departments may approve parental responsibility programs offered by both public and private groups, including community-based programs, and shall furnish to the family court in each circuit a directory of approved programs, including a description of their curricula and the target populations they serve. In referring a parent or guardian to a program, the court shall make every effort to make a suitable match based on the age of the child, proximity of the program to the parent or guardian's place of residence or employment, the parent or guardian's specific training needs, and those other factors as the court may deem appropriate.

(E) The court may suspend or reduce a fine or term of imprisonment imposed upon successful completion of the parental responsibility program, completion of community service, or completion of other services or treatment the court considers necessary. The wilful failure to complete the program or service in a timely manner is punishable as contempt.

In sentencing the parent or guardian the court may give preference to that penalty or combination of penalties that shows the most promise of achieving long-term improvement in the child's school attendance and achievement.

(F) At the attendance hearing the court shall order the child to attend school by placing the child under an attendance order which may require that the child have no unlawful absences from school for the remainder of the current school year or for a longer period as appropriate. In a case where the intervention plan fails to address the child's academic performance, the court may order the district to revise its plan to reflect a review of that performance and to prescribe appropriate action. These revisions must be made within a reasonable period following the child's return to school. In addition, the court may direct the South Carolina Department of Youth Services to conduct an investigation of the circumstances surrounding the child's absence from school and to recommend services appropriate to rectify the situation.

(G) If a child violates the terms of the attendance order imposed on him by the court and is brought back into court for this violation, the court shall make a finding as to whether a child's nonattendance in school has occurred in spite of the parent or guardian's bona fide attempt to control and keep the child in school. The court shall make a further finding as to whether the school district has taken all appropriate action to remedy the nonattendance situation.

If the court's findings are affirmative in both cases, the court may declare the child to be a truant, adjudicate the child as a status offender, and subject the child to the appropriate provisions of law in these cases.

(H) If the minor is found to be a habitual or chronic truant, the family court must enter an order making one or more of the following dispositions:

(1) temporarily commit the minor to the Reception and Evaluation Center of the Department of Youth Services;

(2) refer the child for community-based evaluation;

(3) commit the minor to the Chronic Status Offenders Program at the Department of Youth Services;

(4) order the child to remain at home except during hours in which the child is attending religious worship or a school program, with the stipulation that the child may leave his or her home if accompanied by a parent or guardian;

(5) place the minor on probation; or

(6) direct other reasonable action for the best interest of the child, including community service but excluding detention.

Before a minor may be committed to the Reception and Evaluation Center or to the Chronic Status Offenders Program, the court shall consider whether all appropriate alternative services and programs available in the community have been exhausted. In sentencing the child the court shall give preference to that penalty or combination of penalties that shows most promise of long-term improvement in the child's school attendance and achievement."

SECTION 12. Section 59-65-70 of the 1976 Code is repealed.

SECTION 13. The provisions of this act do not alter, amend, or repeal the provisions of Section 59-65-30 of the 1976 Code, relating to the exceptions to compulsory attendance laws, or Section 59-65-40, relating to home schooling programs.

SECTION 14. This act takes effect upon approval by the Governor.