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H*4320 Session 117 (2007-2008)
H*4320(Rat #0418, Act #0323 of 2008) General Bill, By Whipper, Clyburn,
R. Brown and Hosey
AN ACT TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO
ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A
PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT; BY ADDING SECTION 59-63-35
SO AS TO ALLOW NONRESIDENT MILITARY PERSONNEL TO ENROLL IN A PROGRAM TO AWARD
A SOUTH CAROLINA HIGH SCHOOL DIPLOMA AND TO PROVIDE THAT NEITHER THE STATE NOR
THE LOCAL SCHOOL DISTRICT SHALL BEAR THE COST OF ENROLLMENT; AND TO PROVIDE
THAT A NONRESIDENT MEMBER OF THE ARMED FORCES WHO HAS MAINTAINED CERTAIN
SIGNIFICANT CONTACTS WITH THE STATE IS CONSIDERED A RESIDENT FOR PURPOSES OF
TITLE 59. - ratified title
12/05/07 House Prefiled
12/05/07 House Referred to Committee on Education and Public Works
01/08/08 House Introduced and read first time HJ-40
01/08/08 House Referred to Committee on Education and Public
Works HJ-40
04/01/08 House Committee report: Favorable with amendment
Education and Public Works HJ-2
04/02/08 House Member(s) request name added as sponsor: R.Brown, Hosey
04/02/08 House Amended HJ-34
04/02/08 House Read second  time HJ-35
04/02/08 Scrivener's error corrected
04/03/08 House Read third time and sent to Senate HJ-24
04/03/08 Senate Introduced and read first time SJ-1
04/03/08 Senate Referred to Committee on Education SJ-1
05/29/08 Senate Committee report: Favorable Education SJ-15
06/03/08 Senate Amended SJ-37
06/03/08 Senate Read second time SJ-37
06/03/08 Senate Unanimous consent for third reading on next
legislative day SJ-37
06/04/08 Scrivener's error corrected
06/04/08 Senate Read third time and returned to House with
amendments SJ-158
06/05/08 House Senate amendment amended HJ-66
06/05/08 House Returned to Senate with amendments HJ-66
06/05/08 Senate Concurred in House amendment and enrolled SJ-141
06/10/08 Ratified R 418
06/16/08 Signed By Governor
06/20/08 Copies available
06/20/08 Effective date 06/16/08
07/11/08 Act No. 323
H. 4320
(A323, R418, H4320)
AN ACT TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT; BY ADDING SECTION 59-63-35 SO AS TO ALLOW NONRESIDENT MILITARY PERSONNEL TO ENROLL IN A PROGRAM TO AWARD A SOUTH CAROLINA HIGH SCHOOL DIPLOMA AND TO PROVIDE THAT NEITHER THE STATE NOR THE LOCAL SCHOOL DISTRICT SHALL BEAR THE COST OF ENROLLMENT; AND TO PROVIDE THAT A NONRESIDENT MEMBER OF THE ARMED FORCES WHO HAS MAINTAINED CERTAIN SIGNIFICANT CONTACTS WITH THE STATE IS CONSIDERED A RESIDENT FOR PURPOSES OF TITLE 59.
Be it enacted by the General Assembly of the State of South Carolina:
Additional qualifications for attendance at public school or particular public school
SECTION 1. Section 59-63-31(A) of the 1976 Code, as last amended by Act 92 of 2003, is further amended to read:
"(A) 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 Juvenile Justice; or
(c) the child resides with an adult resident of the school district as a result of the:
(i) death, serious illness, or incarceration of a parent or legal guardian;
(ii) 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) physical or mental condition of a parent or legal guardian is such that he cannot provide adequate care and supervision of the child;
(v) parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77; or
(vi) parent's or legal guardian's military deployment or call to active duty more than seventy miles from his residence for a period greater than sixty days; provided, however, that if the child's parent or legal guardian returns from such military deployment or active duty prior to the end of the school year, the child may finish that school year in the school he attends without charge even if the child resides in another school district for the remainder of the school year due to his parent or legal guardian returning home;
(2) the child is emancipated and resides in the school district;
(3) the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended; or
(4) the child resides in an emergency shelter located in the district.
In addition to the above requirements of this subsection, the child shall also satisfy the requirements of Section 59-63-30(d) and (e)."
Nonresident military enrollment in South Carolina high school diploma program
SECTION 2. Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-35. Nonresident military personnel may enroll in a program designed to award a South Carolina high school diploma. However, neither the State nor local districts shall be required to bear the cost for any nonresident military personnel enrolled in these programs."
Military personnel considered South Carolina residents with significant contacts
SECTION 3. A member of the United States Armed Forces that, as of the effective date of this act, is stationed outside of this State or was stationed outside of this State for any time during the past twelve months to the extent that he would not be considered a resident of this State for the purposes of this title, but has graduated from a South Carolina high school, and has maintained significant contacts with the State during his service, including, but not limited to, continuously paying property taxes, is a resident or resides in this State, as the case may be, for purposes of this title. This section is repealed on July 1, 2009. This section does not apply for the purpose of eligibility for state scholarships and grants.
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 10th day of June, 2008.
Approved the 16th day of June, 2008.
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