South Carolina General Assembly
110th Session, 1993-1994

Bill 160

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Introducing Body:               Senate
Bill Number:                    160
Primary Sponsor:                Rose
Committee Number:               04
Type of Legislation:            GB
Subject:                        Students, attendance
Residing Body:                  Senate
Current Committee:              Education
Computer Document Number:       JIC/5010SD.93
Introduced Date:                19930112    
Last History Body:              Senate
Last History Date:              19930112    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Rose
Type of Legislation:            General Bill


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

160   Senate  19930112      Introduced, read first time,    04
                            referred to Committee

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

SECTION 1. The General Assembly finds that the students in South Carolina's public schools and their parents will become more informed about and more involved in the public educational system if students and their parents are provided greater freedom to determine the most effective school for meeting their individual educational needs. There is no "right" school for every student and permitting students to choose from among different schools with differing assets will increase the likelihood that some marginal students stay in school and that other, more motivated students fulfill their full academic potential.

The General Assembly further finds that giving more options to parents and students regarding where they attend public school will increase the responsiveness and effectiveness of the state's schools since teachers, administrators, and school board members will have added incentive to satisfy the educational needs of the students who reside in the district.

The General Assembly finds that these benefits of enhanced quality and effectiveness in our public schools justify permitting a student to apply for admission to a school in any district beyond the one in which he resides, provided that the transfer by this student would not adversely affect the desegregation of either district.

SECTION 2. Title 59 of the 1976 Code is amended by adding:


Attendance in Another District

Section 59-68-10. This chapter may be cited as the `South Carolina Public School Choice Act of 1993.'

Section 59-68-20. A public school choice program is established to enable a pupil to attend a school in a district in which the pupil does not reside, subject to the restrictions contained in this chapter.

Section 59-68-30. Before a pupil may attend a school in a nonresident district, the pupil's parent or guardian must submit an application to the nonresident district. This application must be postmarked or received not later than February 1, of the year in which the pupil would begin the fall semester at the nonresident district, except not for school year 1993-94, this date does not apply.

Section 59-68-40. A school board may, by resolution, determine that it will not admit any nonresident pupils to its schools pursuant to this chapter.

Section 59-68-50. The school board of a participating district shall adopt, by resolution, specific standards for acceptance and rejection of applications. Standards may include the capacity of a program, class, grade level, or school building. Nothing in this chapter requires a school district to add teachers or classrooms or in any way exceed the requirements and standards established by existing law. Standards may not include an applicant's previous academic achievement, athletic or other extracurricular ability, handicapping conditions, English proficiency level, or previous disciplinary proceedings.

Section 59-68-60. Within sixty days of the receipt of an application from a nonresident pupil seeking admission under the terms of this chapter, a participating district shall notify the parent or guardian and the resident district in writing as to whether the pupil's application has been accepted or rejected. If an application is rejected, the nonresident district shall state in the notification letter the reasons for rejection.

Section 59-68-70. The responsibility for transportation for a nonresident pupil must be borne generally by the pupil. The resident district may transport the student to the district boundary or to a point agreeable to the parent or the nonresident district within either the resident or nonresident district and count that student in the resident district's enrollment for transportation funding purposes only. The nonresident district may provide transportation from the resident district's boundary or from a point agreeable with the parent or the resident district within either the resident or nonresident district to a school in the nonresident district and count that student in the nonresident district's enrollment for transportation funding purposes only.

Section 59-68-80. A nonresident district shall accept credits toward graduation that were awarded by another district.

Section 59-68-90. Except as otherwise provided in Section 59-68-70, for purposes of the Education Finance Act (EFA), the Educational Improvement Act (EIA), and other applicable provisions of law, the nonresident student must be counted as a part of the average daily enrollment of the district to which the student has transferred. All add-on weightings generated by the student must also be transferred to the district of attendance.

Section 59-68-100. The provisions of this chapter and all pupil choice options created hereby are subject to the following limitations:

(1) No student may transfer to a nonresident district where the percentage of enrollment for the student's race, plus or minus five percent, exceeds that percentage in his resident district.

(2) In any instance where the provisions of item (1) would result in a conflict with a desegregation court order, the terms of the order govern.

Section 59-68-110. A student who transfers to a nonresident district is not eligible for interscholastic athletic competition for one year from the date of the beginning of the transfer.

Section 59-68-120. The State Board of Education may promulgate regulations necessary to implement the provisions of this chapter and is further authorized to resolve disputes arising under Sections 59-68-70 through 59-68-110 of this chapter.

Section 59-68-130. The provisions of this chapter are supplemental to other provisions and requirements of law relating to school attendance of pupils."

SECTION 3. This act takes effect upon approval by the Governor, and applies beginning with the school year 1993-94.