Current Status Bill Number:
183Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: RoseAll Sponsors: RoseDrafted Document Number: GJK\21095SD.95Companion Bill Number: 113Residing Body: SenateCurrent Committee: Education Committee 04 SEDSubject: School districts, pupil attendance
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950110 Introduced, read first time, 04 SED referred to Committee Senate 19941017 Prefiled, referred to Committee 04 SEDView additional legislative information at the LPITS web site.
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 72 SO AS TO AUTHORIZE A PUPIL TO ATTEND A PUBLIC SCHOOL IN AN ATTENDANCE ZONE OR A DISTRICT OTHER THAN THE ONE IN WHICH THE STUDENT RESIDES UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND LIMITATIONS.
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 attendance zone or district beyond the one in which he resides, provided that the transfer by this student would not adversely affect the desegregation of either district or attendance zone.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-72-10. This chapter may be cited as the `South Carolina Public School Choice Act of 1995.'
Section 59-72-20. A public school choice program is established to enable a pupil to attend a school in an attendance zone or in a district in which the pupil does not reside, subject to the restrictions contained in this chapter.
Section 59-72-30. Before a pupil may attend a school in a nonresident attendance zone or district, the pupil's parent or guardian must submit an application to the nonresident school or the district. This application must be postmarked or received not later than February first of the year in which the pupil would begin the fall semester at the nonresident school or district, provided that this deadline does not apply for school year 1995-96.
Section 59-72-40. A school board, by resolution, may determine that it will not allow a pupil to attend a school outside of the pupil's attendance zone or that it will not admit nonresident pupils to its schools pursuant to this chapter.
Section 59-72-50. 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 59-72-60. Within sixty days of the receipt of an application from a pupil seeking admission under the terms of this chapter, a participating district shall notify in writing the parent or guardian and the resident district or the school to which the student is zoned whether the pupil's application has been accepted or rejected. If an application is rejected, the notification letter must state the reasons for rejection.
Section 59-72-70. If a pupil elects to attend a school outside of the pupil's attendance zone or district, transportation is that pupil's responsibility. However, nothing in this chapter prohibits a school from providing transportation to a nonresident pupil if the school is able to do so.
Section 59-72-80. A nonresident school or district shall accept credits toward graduation that were awarded by another school or district.
Section 59-72-90. Except as otherwise provided in Section 59-72-70, for purposes of the Education Finance Act, the Educational Improvement Act, and other applicable provisions of law, the nonresident student must be counted as a part of the average daily enrollment of the school or district to which the student has transferred. All add-on weightings generated by the student also must be transferred to the school or district of attendance.
Section 59-72-100. 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 attendance zone or district where the percentage of enrollment for the student's race, plus or minus five percent, exceeds that percentage in the student's resident zone or 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 59-72-110. A student who transfers to a nonresident school or district is not eligible for interscholastic athletic competition for one year from the date of the beginning of the transfer.
Section 59-72-120. The State Board of Education may promulgate regulations necessary to implement the provisions of this chapter and is authorized further to resolve disputes arising under Sections 59-72-70 through 59-72-110 of this chapter.
Section 59-72-130. 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 is applicable beginning with the 1995-96 school year.