Current Status Introducing Body:House Bill Number:3417 Primary Sponsor:Glover Committee Number:21 Type of Legislation:GB Subject:Parental Responsibilities Act Residing Body:House Current Committee:Education and Public Works Computer Document Number:3417 Introduced Date:Feb 05, 1991 Last History Body:House Last History Date:Feb 05, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Glover Scott White Whipper D. Martin Beatty K. Bailey Neilson Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3417 House Feb 05, 1991 Introduced, read first time, 21
referred to Committee
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TO PROVIDE FOR THE "PARENTAL RESPONSIBILITIES ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-130 SO AS TO PROVIDE FOR PARENTAL INVOLVEMENT IN THEIR CHILDRENS' EDUCATION, PROVIDE FOR ASSISTANCE TO AT-RISK CHILDREN, AND DEFINE PARENTAL RESPONSIBILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 59-26-80 SO AS TO PROVIDE FOR THE DEPARTMENT OF EDUCATION TO DEVELOP OR SELECT IN-SERVICE TRAINING PROGRAMS FOR WORK WITH AT-RISK YOUTH AND THEIR PARENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-26-90 SO AS TO REQUIRE REGULATIONS TO PROVIDE FOR THE PRIMARY EMPLOYMENT OF SCHOOL GUIDANCE COUNSELORS; TO AMEND SECTION 20-7-20, RELATING TO THE ESTABLISHMENT OF A CHILDREN'S POLICY, SO AS TO PROVIDE FOR THE STATE'S INTEREST IN ENSURING THAT CHILDREN RECEIVE AN EDUCATION AND FOR STATE AND COUNTY OFFICIALS' JURISDICTIONAL AUTHORITY; TO AMEND SECTION 43-5-550, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES WORK SUPPORT SERVICES DELIVERY SYSTEM AND BUSINESS AND INDUSTRIAL ADVISORY COMMITTEE, SO AS TO PROVIDE THE REQUIRED COMPONENTS FOR AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS WITH EMPLOYMENT PLANS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE ADOPTION OF PROGRAM APPROVAL STANDARDS THAT INCLUDE TRAINING IN WORKING WITH AT-RISK YOUTH AND THEIR PARENTS; TO AMEND SECTION 59-65-20, RELATING TO THE PENALTY FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO DELETE THE APPLICATION OF THE SECTION TO A PARENT OR GUARDIAN WHO REFUSES TO MAKE HIS CHILD OR WARD ATTEND SCHOOL; TO AMEND SECTION 59-65-50, RELATING TO REPORTS OF SCHOOL NONATTENDANCE TO A COURT, SO AS TO PROVIDE FOR NOTIFICATION TO PARENTS AND GUARDIANS OF THE CONSEQUENCES FOR NONATTENDANCE, REVISE THE REPORTING REQUIREMENTS FOR UNLAWFUL ABSENCES, PROVIDE FOR THE REQUIREMENTS WHEN A CHILD EXHIBITING TRUANT BEHAVIOR IS TRANSFERRED TO ANOTHER SCHOOL DISTRICT, AND PROVIDE THE SCHOOL BOARD OF TRUSTEES' REQUIREMENTS; TO AMEND SECTION 59-65-60, RELATING TO THE PROCEDURE WHEN A COURT RECEIVES A REPORT OF SCHOOL NONATTENDANCE, SO AS TO REQUIRE INSTEAD OF AUTHORIZE THE APPEARANCE OF THE RESPONSIBLE PARENT OR GUARDIAN, AUTHORIZE THE COURT TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES OR THE DEPARTMENT OF YOUTH SERVICES TO CONDUCT AN INVESTIGATION AND MAKE RECOMMENDATIONS, REQUIRE INSTEAD OF AUTHORIZE THE COURT AFTER HEARING TO ORDER A CHILD TO ATTEND SCHOOL UPON FORTY-EIGHT HOURS INSTEAD OF TEN DAYS NOTICE, REVISE THE PENALTY WHEN A PARENT OR GUARDIAN FAILS TO COMPLY WITH THE ORDER, PROVIDE THE CIRCUMSTANCES UNDER WHICH A PARENT OR GUARDIAN IS EXCUSED FROM THE MONETARY PENALTY, PROVIDE FOR THE REQUIREMENTS OF THE ATTENDANCE HEARING WHEN A MINOR IS FOUND TO BE A HABITUAL OR CHRONIC TRUANT, AND WHEN THE COURT FINDS THAT THE PARENT OR GUARDIAN HAS NOT MADE A BONA FIDE AND DILIGENT EFFORT TO KEEP THE CHILD IN SCHOOL; AND TO PROVIDE THAT THIS ACT DOES NOT ALTER, AMEND, OR REPEAL THE PROVISIONS OF THE 1976 CODE RELATING TO THE EXCEPTIONS TO COMPULSORY ATTENDANCE LAWS AND HOME SCHOOLING PROGRAMS.
Whereas, the General Assembly finds that the involvement of parents, as the first and most important teachers of their children, is a critical and necessary component of a student's education; and
Whereas, it is the purpose of this act to enhance the involvement of parents in the education of their children and to ensure school attendance of children through the uniform handling and enforcement of nonattendance cases by school officials, the South Carolina Department of Youth Services, the South Carolina Department of Social Services, solicitors, and the family court; and
Whereas, the members of the General Assembly believe that parental knowledge of their child's nonattendance and parental involvement with the school and with others may assist local school officials in addressing the causes and reasons for nonattendance; and
Whereas, it is the intent of this act to require school officials, state and local child serving agencies, and the judicial and executive branches of government to do everything within their legal authority and fiscal resources to assist in obtaining and maintaining regular school attendance of this state's youth. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Parental Responsibilities Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 59-17-130. The school districts of this State shall encourage parents to become involved in their children's education, including preschool-age children's education, as early as possible and make parental involvement and home-school relations a major component of school improvement efforts. The school districts shall keep records of at-risk children and their behavior, provide counseling when available, assist parents in understanding their children's behavior, and, when necessary, make proper referrals of children and their parents to other state agencies for necessary help in correcting existing problems and preventing future ones. It is the responsibility of parents to keep school appointments so as to avoid being cited for parenting or educational neglect. Parental responsibility includes, but is not limited to, providing essential supervision, clothing, food, and support for the child to attend school."
SECTION 3. The 1976 Code is amended by adding:
"Section 59-26-80. The State Department of Education, in cooperation with 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 at-risk youth and their parents. The training programs must include topics such as multi-cultural behavior and teaching techniques found by research to promote high academic achievement, high self-esteem, and personal growth and responsibility. For the purposes of this section, `at-risk youth' means potential or actual dropouts who, because of economic, social, health, or educational factors, are experiencing difficulty with social adjustment, progress toward graduation, completion of a course of study, or preparation for employment, as evidenced by pupils who have been absent from school without acceptable excuses, are parents, have been adjudicated delinquent, or are one or more years behind their age group in the number of credits attained or basic skill levels.
Section 59-26-90. 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 the students' parents and teachers."
SECTION 4. Section 20-7-20 of the 1976 Code is amended by adding at the end:
"(G) The State has a paramount interest in ensuring that children receive a primary and secondary education. State and county officials shall do everything within their jurisdictional authority to carry out the provisions of the South Carolina school attendance law and the South Carolina Children's Code to prevent delinquency and decrease crime."
SECTION 5. 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 6. Section 59-26-20 of the 1976 Code, as last amended by Section 11, Part II, Act 612 of 1990, is further amended by adding:
"(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 at-risk youth 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 adolescent social conduct and responsibility. For the purposes of this section, `at-risk youth' means potential or actual dropouts who, because of economic, social, health, or educational factors, are experiencing difficulty with social adjustment, progress toward graduation, completion of a course of study, or preparation for employment, as evidenced by pupils who have been absent from school without acceptable excuses, are parents, have been adjudicated delinquent, or are one or more years behind their age group in the number of credits attained or basic skill levels."
SECTION 7. Section 59-65-20 of the 1976 Code is amended to read:
"Section 59-65-20. Any A parent or guardian who neglects to enroll his child or ward or refuses to make such child or ward attend in school shall, upon conviction, must be fined not more than fifty dollars or be imprisoned 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 8. 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 parents or guardians of students of the school attendance laws and their penalties and consequences at the beginning of each school year. The student's parent or guardian must be notified of the student's nonattendance when the student has accumulated three consecutive absences or five cumulative absences. Notice must be by telephonic 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, or by any other reasonable means.
(B) (1) After three consecutive unlawful absences or five cumulative unlawful absences, the school district shall determine if the child's future achievement, attendance, or well-being is in jeopardy and if so schedule a conference with the student and parent or guardian and formulate a proposed intervention plan to ensure the student's continued attendance. The plan must include all available services and programs that reasonably could be expected to assist in improving attendance. The plan must be reduced to writing by the school district and a copy provided to the parent or guardian no later than five working days after the conference.
(2) If the parent or guardian fails to comply with the request for a conference with attendance officials, the board of trustees or its designee shall report the nonattendance in writing to a family court and shall apply for a court administration document utilizing forms developed by the court administration ordering the parent or guardian to appear at a place designated by the school official. The family court shall issue the court administration document upon request in the manner that jury summons are issued. Failure to comply with the court administration document is punishable by a fine of fifty dollars, thirty days imprisonment, or public service, or a combination of them.
(C) After a child has had six consecutive unlawful absences or a total of eight unlawful absences, the school district shall file a report with the solicitor if it is determined that future achievement, attendance, or well-being are in jeopardy. The report must indicate the affirmative action taken by the district to work with the parent or guardian and all other appropriate entities to secure the child's attendance. The solicitor may ask either the South Carolina Department of Social Services or 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.
(D) If, during the activities designed to remedy truant behavior as provided in Section 59-65-60, the parents or guardian of the student who is the subject of these activities transfers the student to another school 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.
(E) No one except the board of trustees or its designee may institute the proceedings provided in this article. A school board which wilfully fails to follow the requirements of this section may be cited by the State Board of Education with an accreditation deficiency under the defined minimum program."
SECTION 9. Section 59-65-60 of the 1976 Code is amended to read:
"Section 59-65-60. (a)(A) Upon receipt of such the report, the court may forthwith immediately shall order the appearance before such the court of the responsible parent or guardian and if it deems considers necessary, the minor involved, for such action as the court may deem consider necessary to carry out the provisions of this article. The court may direct the South Carolina Department of Social Services or 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.
(b)(B) The court may, after hearing upon ten days forty-eight hours notice, shall order such the parent or guardian to require such the child to attend school and upon failure of such. A parent or guardian who fails to comply with such the order may punish such is guilty of parent or guardian as by contempt, provided, that punishment for such contempt cannot exceed fifty dollars or and must be fined not more than two hundred fifty dollars or imprisoned for not more than thirty days imprisonment for each offense. The continued or habitual unexcused absence of a child raises the inference of a violation. However, the family court, upon finding that the parent or guardian has made a bona fide and diligent effort to control and keep the child in school, shall excuse the parent or guardian from fines prescribed in this article and refer the parent or guardian and child for counseling, guidance, or other needed services. In lieu of the fine and imprisonment, the court may provide for the parent or guardian to perform public service work or participate in services or programs designed to correct the situation that led to the child's nonattendance. The services or programs include, but are not limited to, substance abuse treatment and family therapy.
(C) 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 unexcused absences from school for the remainder of the current school year. The court further shall inform the child that failure to comply with the order of the court may result in the child being brought back before the court and, upon being found to be truant and adjudicated as a status offender, temporarily committed to the Reception and Evaluation Center of the Department of Youth Services or referred by the court as a condition of probation to some other appropriate community based treatment. 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, after the court determines and specifically finds that a child's nonattendance in school has occurred without the knowledge, consent, or connivance of the responsible parent or guardian, or that a bona fide attempt has been made by the parent or guardian to control and keep the child in school, and after the court finds that the school district has taken all appropriate action to rectify the nonattendance situation, the court may declare the child to be a truant, adjudicate the child as a status offender, and subject the child to the provisions of law in these cases.
(D) If the minor is found to be a habitual or chronic truant, the family court may commit the minor to the Reception and Evaluation Center of the Department of Youth Services, commit the minor to the Chronic Status Offenders Program at the Department of Youth Services, refer the child to the local mental health center for assessment and evaluation, place the minor on probation, or issue an order directing 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.
(E) If the court finds that the parent or guardian has not made a bona fide and diligent effort to keep the child in school, the family court, in addition to imposing the fines provided 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 departments may identify appropriate parental responsibility programs offered by both public and private groups, including community-based programs. The court may suspend or reduce a fine imposed upon successful completion of the parental responsibility program or the performance of community service but otherwise may not suspend or reduce the fine. The wilful failure to complete the program or services successfully in a timely manner is punishable as contempt. In addition, the family court may place the parent or guardian on probation with the Department of Youth Services for not more than one year and may require participation in other services or treatment the court considers necessary. The procedure herein provided shall be alternative to the penalties provided in Section 59-65-20."
SECTION 10. 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 11. This act takes effect upon approval by the Governor.