Current Status Bill Number:114 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Rose All Sponsors:Rose, O'Dell Drafted Document Number:GJK\21087SD.95 Residing Body:Senate Current Committee:Education Committee 04 SED Subject:School district, pupil expulsion
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 04 SED
referred to Committee
Senate 19941003 Prefiled, referred to Committee 04 SED
View additional legislative information at the LPITS web site.
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, 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 A district board of trustees may authorize or order the expulsion, suspension, or transfer of any a pupil for a commission of any a 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) A 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 a pupil that it has found to have committed any of the following acts on a school property or on the premises of a 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 another 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 must be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any a 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 must 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 an 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 must 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 an incorrigible pupil."
SECTION 3. This act takes effect upon approval by the Governor.