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Bill 4602

                    Current Status

Bill Number:                      4602
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000215
Primary Sponsor:                  Campsen
All Sponsors:                     Campsen, Altman, Barfield, Barrett, Cato, 
                                  Delleney, Easterday, Edge, Gamble, Hamilton, 
                                  Harris, Haskins, Leach, Quinn, Rice, Riser, 
                                  Robinson, Sandifer, Sharpe, Simrill, R. Smith, 
                                  Tripp, Vaughn and Huggins
Drafted Document Number:          l:\council\bills\skb\18178sosm00.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Released Time for Religious and Character 
                                  Education Act, School districts, Curriculum, 
                                  Religion, Students


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000215  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS AND CHARACTER EDUCATION ACT", BY ADDING SECTION 59-1-460 SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS OR CHARACTER INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "South Carolina Released Time for Religious and Character Education Act".

SECTION 2. The South Carolina General Assembly finds that the free exercise of religion is an inherent, fundamental, and inalienable right secured by the First Amendment to the United States Constitution. It further finds that the free exercise of religion is important to the intellectual, moral, civic, and ethical development of students in South Carolina, and that any such exercise should be conducted in a constitutionally appropriate manner.

The South Carolina General Assembly finds that the United States Supreme Court, in its decision, Zorach v. Clauson, 343 U.S. 306 (1952), upheld the constitutionality of released time programs for religious instruction during the school day if the programs take place away from school grounds, school officials do not promote attendance at religious classes, and solicitation of students to attend is not done at the expense of public schools. It further finds that the federal Constitution and, by this act, state law now allow the state's school districts to offer religious and character released time education for the benefit of the state's public school students.

The purpose of this act is to incorporate a constitutionally acceptable method of providing religious and character instruction to the state's public school students during the school day in released time programs that do not involve the expenditure of public funds to implement the programs.

SECTION 3. Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-460. (A) The school district board of trustees may adopt a policy that authorizes a student to be excused from school to attend a class in religious or character instruction conducted by a private entity if:

(1) the student's parent or guardian gives written consent;

(2) the sponsoring entity maintains attendance records and makes them available to the public school the student attends;

(3) transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, or guardian;

(4) the sponsoring entity makes provisions for and assumes liability for the student who is excused; and

(5) no public funds are expended and no public school personnel are involved in providing the religious or character instruction.

(B) It is the responsibility of a participating student to make up any missed schoolwork. While in attendance in a religious or character instruction class pursuant to this section, a student is not considered to be absent from school."

SECTION 4. This act takes effect August 1, 2000.

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