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Current Status Bill Number:View additional legislative information at the LPITS web site.4070 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990511 Primary Sponsor:Vaughn All Sponsors:Vaughn, Haskins, Robinson, Cato, Loftis, Hamilton, Leach, Rice, Easterday, Tripp, Meacham-Richardson, Woodrum, McGee, Barrett, Sandifer, Mason, Altman, H. Brown, Harrell, Sharpe, R. Smith, Young-Brickell, Beck, Cooper, Knotts, Koon, Riser, Littlejohn, D. Smith, Harrison, Kelley, Limehouse, Keegan, Chellis, Delleney, Davenport, Edge, Lanford, Witherspoon and Quinn Drafted Document Number:l:\council\bills\gjk\20646sd99.doc Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Open Enrollment Act of 1999, School districts, Attendance, Students History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990511 Introduced, read first time, 21 HEPW referred to Committee Versions of This Bill
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 68 SO AS TO AUTHORIZE A PROGRAM OF OPEN ENROLLMENT FOR STUDENTS IN GRADES K-12 UNDER SPECIFIED CONDITIONS AND REQUIREMENTS, AND TO PHASE-IN BY GRADE LEVEL THE ABOVE PROVISIONS.
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 schools and their parents will become more informed about and more involved in the 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 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 students.
The General Assembly finds that these benefits of enhanced quality and effectiveness in our schools justify permitting a student to apply for admission to any school of his choice in the manner provided in this act.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-68-10. This chapter may be cited as the 'South Carolina Open Enrollment Act of 1999'.
Section 59-68-20. A school open enrollment program is established to enable a pupil to attend a school in his district or in a district in which the pupil does not reside, subject to the restrictions contained in this chapter.
Section 59-68-30. As used in this chapter:
(1) 'Parent' means the natural or adoptive parent or legal guardian of a dependent child.
(2) 'Private school' means a school that is not maintained with public funds, that charges tuition or fees for the services it provides, and that is in compliance with the laws of this State.
(3) 'Public school' means a school operated by publicly elected or appointed school officials in which the program and activities are under the control of these officials and which is supported by public funds.
(4) 'Resident school district' means a geographical area surrounding a public school from which students are assigned.
(5) 'School' means a school that is authorized to provide elementary or secondary education, or both, under state law.
Section 59-68-40. In order to achieve the purpose of this chapter, the State Board of Education shall develop and the State Department of Education shall carry out a program in which the parent of each school-age child may choose for that child to attend a participating school selected by the child's parent in accordance with this chapter.
Section 59-68-50. (A) Each public school in the State must be a participating school. The responsible officials for each private school shall decide whether that school shall become a participating school.
(B) Subject to the provisions of subsection (C), a participating school shall admit children who apply, up to the limit of the school's capacity, after reserving places for children admitted in accordance with the school's regular admissions practices.
(C)(1) A participating school shall establish criteria for the admission of children consistent with the admissions criteria it regularly applies.
(2) In the case of a participating public school, the district school board shall establish criteria for the equitable allocation of places for children if there are insufficient places to serve all children requesting places.
Section 59-68-60. A participating school shall enter into an agreement with the State Department of Education. The agreement must provide that the participating school furnish a child an education equivalent to that provided to all other children in the school when a child is accepted at the school, and, if applicable, pays a supplementary tuition to satisfy any remainder of a participating school's tuition.
Section 59-68-70. If a student attends a public school which is not in his attendance area, the district shall adjust any monetary differences between the two schools. If a student attends a public school outside his resident district, his resident school district shall reimburse that district for the cost of his attendance which shall be defined as one hundred percent of the per pupil expenditure determined by the State Department of Education based upon the Education Finance Act weighting. If the student attends a private school, his resident school district shall reimburse to the private school fifty percent of the cost of his attendance at a public school which shall be defined as one hundred percent of the per pupil expenditure determined by the department based upon the EFA weighting, but no reimbursement may be made for more than the amount of the tuition and fees regularly charged by the participating private school providing the educational services, if any. In addition, if the income of the family of the student is below one hundred fifty percent of the federal poverty level as determined by applicable federal guidelines, the fifty percent retained by the student's resident school district as provided above shall also be transferred to the participating private school not to exceed the amount of tuition and fees charged by that private school.
Section 59-68-80. Before a pupil may attend a school in a nonresident district, the pupil's parent or guardian must submit an application to the nonresident 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 district.
Section 59-68-90. 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 59-68-100. Within sixty days of the receipt of an application from a nonresident pupil seeking admission under the terms of this chapter, a participating district shall notify the parent or guardian and the resident district in writing as to whether the pupil's application has been accepted or rejected. If an application is rejected, the nonresident district shall state in the notification letter the reasons for rejection.
Section 59-68-110. Except as otherwise provided herein, the responsibility for transportation for a nonresident pupil must be borne by the pupil; provided, that the State Department of Education is authorized to allocate from available funds fifty dollars per month per student as a transportation allowance to the school the pupil chooses to attend under the terms of this chapter. The resident district may transport the student to the district boundary or to a point agreeable to the parent or the nonresident district within either the resident or nonresident district and count that student in the resident district's enrollment for transportation funding purposes only. The nonresident district may provide transportation from the resident district's boundary or from a point agreeable with the parent or the resident district within either the resident or nonresident district to a school in the nonresident district and count that student in the nonresident district's enrollment for transportation funding purposes only.
Section 59-68-120. A nonresident district shall accept credits toward graduation that were awarded by another district.
Section 59-68-130. Except as otherwise provided in Section 59-68-70, for purposes of the Education Finance Act (EFA), the Educational Improvement Act (EIA), and other applicable provisions of law, the nonresident student must be counted as a part of the average daily enrollment of the district to which the student has transferred. All add-on weightings generated by the student must also be transferred to the district of attendance.
Section 59-68-140. 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 district where the percentage of enrollment for the student's race, plus or minus five percent, exceeds that percentage in his resident 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 59-68-150. A student who transfers to a nonresident district is not eligible for interscholastic athletic competition for one year from the date of the beginning of the transfer.
Section 59-68-160. The State Board of Education may promulgate regulations necessary to implement the provisions of this chapter and is further authorized to resolve disputes arising under Sections 59-68-70 through 59-68-110 of this chapter.
Section 59-68-170. The provisions of this chapter are supplemental to other provisions and requirements of law relating to school attendance of pupils.
Section 59-68-180. Nothing herein or in any other provision of law shall prohibit a local school district board of trustees from using local funds to supplement funds provided to a school selected by a student under the provisions of this chapter including the costs of tuition, fees, and transportation."
SECTION 3. If a section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act, and the General Assembly for this purpose hereby declares that the provisions of this act are severable from each other.
SECTION 4. This act takes effect upon approval by the Governor, and parents and students for the following grades may begin selecting schools as permitted by this act according to the following schedule:
School Year Grades Permitted
2000-2001 K
2001-2002 K-1
2002-2003 K-2
2003-2004 K-3
2004-2005 K-4
2005-2006 K-5
2006-2007 K-6
2007-2008 K-7
2008-2009 K-8
2009-2010 K-9
2010-2011 K-10
2011-2012 K-11
2012-2013 K-12.
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