Current Status Introducing Body:House Bill Number:4734 Primary Sponsor:Clyborne Committee Number:21 Type of Legislation:GB Subject:School trustee may expel pupil for weapon violation Residing Body:House Current Committee:Education and Public Works Computer Document Number:GJK/20324SD.94 Introduced Date:19940215 Last History Body:House Last History Date:19940215 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Clyborne Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4734 House 19940215 Introduced, read first time, 21
referred to Committee
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TO AMEND SECTION 59-63-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS FOR WHICH A SCHOOL BOARD OF TRUSTEES MAY EXPEL OR SUSPEND PUPILS, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF A DISTRICT SHALL EXPEL ANY STUDENT WHO WAS IN POSSESSION OF A PISTOL OR HANDGUN ON SCHOOL PROPERTY, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS EXPULSION, AND TO PROVIDE THAT THIS EXPULSION SHALL BE IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-63-210 of the 1976 Code is amended to read:
"Section 59-63-210. Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for a commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Every expelled pupil shall have the right to petition for readmission for the succeeding school year. Expulsion or suspension shall be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions or riding a school bus. The provisions of this section shall not preclude enrollment and attendance in any adult or night school.
The board of trustees of a district shall expel any student who was in possession of a pistol or handgun as defined in Section 23-31-110(a) on school property. This expulsion is in addition to all other penalties provided by law. However, the board and school administrators must follow all procedures relating to expulsion of students, including any required notices and hearings, to determine if the student, in fact, did possess a pistol or handgun on school grounds."
SECTION 2. This act takes effect upon approval by the Governor.