Current Status Introducing Body:Senate Bill Number:960 Primary Sponsor:Rose Committee Number:04 Type of Legislation:GB Subject:Expulsion for school students Residing Body:Senate Current Committee:Education Computer Document Number:960 Introduced Date:19940111 Last History Body:Senate Last History Date:19940111 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
____ ______ ____________ ______________________________ ___ ____________
960 Senate 19940111 Introduced, read first time, 04
referred to Committee
960 Senate 19931220 Prefiled, referred to 04
Committee
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TO AMEND SECTION 59-63-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR WHICH TRUSTEES MAY EXPEL, SUSPEND, OR TRANSFER PUPILS, SO AS TO REQUIRE MANDATORY EXPULSION OF PUPILS WHO COMMIT CERTAIN ACTS ON SCHOOL GROUNDS OR AT SCHOOL SPONSORED EVENTS, AND TO AMEND SECTION 59-63-240 OF THE 1976 CODE, RELATING TO EXPULSION FOR THE REMAINDER OF THE YEAR, SO AS TO PROVIDE THAT THE MANDATORY EXPULSION MUST LAST AT LEAST THE REMAINDER OF THE YEAR.
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. (A) 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.
(B) Any district board of trustees, after a hearing held in accordance with Section 59-63-240, shall expel for a period of time which is at least the remainder of the school year any pupil that it has found to have committed any of the following acts on any school property or on the premises of any school sponsored event:
(1) possessing, or conspiring to possess, a firearm;
(2) possessing, or conspiring to possess, an illegal controlled substance;
(3) distributing or selling alcohol;
(4) physically or sexually assaulting a teacher or any other school district employee with intent to cause bodily harm; or
(5) sexually assaulting another student with intent to cause bodily harm.
(C) Every expelled pupil shall have the right to petition for readmission for the succeeding school year.
(D) 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.
(E) The provisions of this section shall not preclude enrollment and attendance in any adult or night school."
SECTION 2. Section 59-63-240 of the 1976 Code is amended to read:
"Section 59-63-240. (A) The board may expel a pupil for the remainder of the school year a pupil for any of the reasons listed in Section 59-63-210(A).
(B) The board shall expel a pupil for at least the remainder of the school year for any of the reasons listed in Section 59-63-210(B).
(C) If procedures for expulsion are initiated, the parents or legal guardian of the pupil shall be notified in writing of the time and the place of a hearing either before the board or a person or committee designated by the board. At the hearing the parents or legal guardian shall have the right to legal counsel and to all other regular legal rights including the right to question all witnesses. If the hearing is held by any authority other than the board of trustees, the right to appeal the decision to the board is reserved to either party. The hearing shall take place within fifteen days of the written notification at a time and place designated by the board and a decision shall be rendered within ten days of the hearing.
(D) The pupil may be suspended from school and all school activities during the time of the expulsion procedures.
(E) The action of the board may be appealed to the proper court.
(F) The board may permanently expel any incorrigible pupil."
SECTION 3. This act takes effect upon approval by the Governor.