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Current Status Bill Number:View additional legislative information at the LPITS web site.1192 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000229 Primary Sponsor:Bauer All Sponsors:Bauer, Reese, Mescher, Holland, Russell, Giese, Leatherman, Ravenel, Leventis, Branton, McConnell, Ryberg, O'Dell, McGill, Ford, Patterson, Grooms, Wilson, Peeler, Thomas, Matthews, Courson, Rankin and Fair Drafted Document Number:l:\council\bills\swb\5045djc00.doc Residing Body:Senate Current Committee:Education Committee 04 SED Subject:School districts, corporal punishment policy; employees immune from civil or criminal liability when adopted as History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000229 Introduced, read first time, 04 SED referred to Committee Versions of This Bill
TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORAL PUNISHMENT IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A SCHOOL DISTRICT THAT HAS ADOPTED A POLICY PERMITTING CORPORAL PUNISHMENT AND ITS EMPLOYEES ARE IMMUNE FROM CIVIL AND CRIMINAL LIABILITY ARISING FROM A STUDENT OF THE DISTRICT BEING ADMINISTERED CORPORAL PUNISHMENT IN ACCORDANCE WITH THE DISTRICT'S POLICY, TO PROVIDE THAT THE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY DOES NOT APPLY WHERE CORPORAL PUNISHMENT IS ADMINISTERED IN A GROSSLY NEGLIGENT OR RECKLESS MANNER AND RESULTS IN A SERIOUS OR PERMANENT INJURY TO THE PUPIL AND TO REQUIRE THE OFFERING OF ALTERNATIVE PUNISHMENTS TO PARENTS BEFORE CORPORAL PUNISHMENT TO THEIR CHILD MAY BE ADMINISTERED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-63-260 of the 1976 Code is amended to read:
"Section 59-63-260. (A) The governing body of each school district may provide corporal punishment for any pupil that it deems just and proper.
(B) A school district that has adopted a policy permitting corporal punishment and its employees are immune from civil and criminal liability arising from a student of the district being administered corporal punishment in accordance with the district's policy.
(C) The immunity from civil and criminal liability provided in subsection (B) does not apply in those cases where corporal punishment is administered in a grossly negligent or reckless manner and results in a serious or permanent injury to the pupil.
(D) A school in a district which has adopted a policy permitting corporal punishment and which wishes to administer corporal punishment to a child under such policy must notify a parent, guardian, or person in loco parentis responsible for the child of this fact and offer the parent, guardian, or person in loco parentis the option to remove a child from the school in lieu of corporal punishment being administered. A parent, guardian, or person in loco parentis of a child who objects to his child or ward being subject to corporal punishment must remove the child from the school immediately upon being requested to do so. If a parent, guardian, or person in loco parentis of a child who objects to his child or ward being subject to corporal punishment cannot be located or does not remove the child from the school within a reasonable time after being requested to do so, the school shall treat the child as though the child were under suspension. A child removed from a school in lieu of corporal punishment may not return to the school until permitted to do so by the school district as a part of its policy on corporal punishment."
SECTION 2. This act takes effect upon approval by the Governor.
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