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Current Status Bill Number:View additional legislative information at the LPITS web site.4674 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020207 Primary Sponsor:Huggins All Sponsors:Huggins, Bingham, Simrill and Riser Drafted Document Number:l:\council\bills\gjk\20931sd02.doc Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Cell phones on school property; to permit the possession, but not use of, by students History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020207 Introduced, read first time, 21 HEPW referred to Committee Versions of This Bill
TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS UNDER THE AGE OF EIGHTEEN, SO AS TO CLARIFY THAT THE TERM "PAGING DEVICE" ALSO INCLUDES A "CELL PHONE", TO PERMIT THE POSSESSION, BUT NOT USE OF, THESE DEVICES ON SCHOOL PROPERTY DURING REGULAR SCHOOL HOURS, TO PERMIT THE POSSESSION AND USE OF THESE DEVICES BEFORE AND AFTER SCHOOL AND DURING SCHOOL-RELATED ACTIVITIES UNDER CERTAIN CONDITIONS, TO REQUIRE PARENTAL CONSENT FOR THE USE OR POSSESSION OF THESE DEVICES AS PERMITTED ABOVE, AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-63-280 of the 1976 Code, as added by Act 24 of 1991, is amended to read:
"Section 59-63-280. (A) For purposes of this section, 'paging device' means a telecommunications device including a cell phone that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor.
(B) A student under the age of eighteen in the public schools may not possess a paging device while on school property or while attending a school sponsored or school related activity on or off school property, unless the student needs the paging device for a legitimate medical reason. A student eighteen years of age and over in the public schools may not possess a paging device while on school property or while attending a school sponsored or school related activity on or off school property, unless may possess a paging device on school property during regular school hours only if the device is turned off and is located in a book bag, purse, or other container of the student or in the student's locker. Students may use these devices on school property before or after regular school hours and during school-sponsored or school-related activities if such use does not interfere with the school activity in the opinion of the administrator or faculty member in charge of the activity. The provisions of this section do not apply if the student is an active member of a volunteer firefighting organization or a volunteer emergency medical service organization or unless the student needs the paging device for a legitimate medical reason. The principal of each school may decide what constitutes a legitimate medical reason consistent with any guidelines as may be established by the school board of that district or by the State Department of Education. The principal of each school must secure and retain documented evidence of a student's legitimate medical need or his membership in a volunteer firefighting or emergency medical service organization before that student may have a paging device at school if authorized by this section.
(C) The board of trustees of each school district shall include the prohibition in subsection (A) of this section in the district's written standards of student conduct implement the provisions in subsection (A) in the district through board policy. A student who violates the prohibition is subject to discipline as provided by board policy, consistent with this subsection.
(D) A person who discovers a student in possession of a paging device which is turned on or is otherwise in violation of this section shall report the violation to the appropriate school administrator, as determined by school policy, who shall order a peace officer or appropriate school employee to confiscate the device, which is forfeited to the school district.
(E) The parents or legal guardians of any unemancipated student must consent to the student using or possessing the paging device or cell phone in the manner permitted in subsection (A). This consent must be in writing and on file with school officials.
(F) A local board in its policy may exempt any special school such as an alternative school from the provisions of subsection (A) and completely prohibit the use or possession of paging devices or cell phones at these special schools."
SECTION 2. This act takes effect upon approval by the Governor.
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