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COMMITTEE REPORT
March 7, 2001
H. 3048
Introduced by Reps. Campsen, Littlejohn, Altman, Davenport, Simrill, Delleney, Clyburn, Robinson, Owens, Loftis, Leach, Hamilton and Vaughn
S. Printed 3/7/01--H.
Read the first time January 9, 2001.
To whom was referred a Bill (H. 3048) to amend Title 59, Code of Laws of South Carolina, 1976, relating to education, by adding Section 59-1-460 so as to enact the "South Carolina Released Time for Religious and Character Education Act of 2001", etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all before the enacting words and inserting:
/ Whereas, the South Carolina General Assembly finds that:
(1) The free exercise of religion is an inherent, fundamental, and inalienable right secured by the First Amendment to the United States Constitution.
(2) 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 must be conducted in a constitutionally appropriate manner.
(3) 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.
(4) The federal Constitution and state law allow the state's school districts to offer religious released time education for the benefit of the state's public school students.
(5) The purpose of this act is to incorporate a constitutionally acceptable method of allowing religious 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. Now, therefore, /
Amend the bill further by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "South Carolina Released Time for Religious Education Act".
SECTION 2. 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 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 instruction.
(B) It is the responsibility of a participating student to make up any missed schoolwork. While in attendance in a religious instruction class pursuant to this section, a student is not considered to be absent from school.
(C) A school district board of trustees may award high school students an appropriate number of elective Carnegie units for the completion of released time classes in religious instruction as provided for in subsection (A) if:
(1) for the purpose of awarding elective Carnegie units, the released time classes in religious instruction are evaluated on an entirely secular basis that is substantially the same basis used to evaluate similar classes at established private high schools for the purpose of determining whether a student transferring to a public high school from a private high school will be awarded elective Carnegie units for such classes; and
(2) the decision to award elective Carnegie units is neutral with regard to, and does not involve any test for, religious content or denominational affiliation."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor. /
Amend the bill further by striking the title and inserting:
/ TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS EDUCATION ACT", 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 INSTRUCTION, TO PROVIDE THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD STUDENTS ELECTIVE CARNEGIE UNITS FOR COMPLETION OF RELEASED TIME IN RELIGIOUS INSTRUCTION CLASSES. /
Renumber sections to conform.
JAMES H. HARRISON, for Committee.
EXPLANATION OF IMPACT:
The State Department of Education indicates enactment of this bill would have no fiscal impact on the General Fund of the State nor on federal and/or other funds. Participating students would be required to make up any missed work and students would not be considered absent while attending such classes.
Approved By:
Don Addy
Office of State Budget
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS AND CHARACTER EDUCATION ACT OF 2001" 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.
Whereas, the South Carolina General Assembly finds that:
(1) The free exercise of religion is an inherent, fundamental, and inalienable right secured by the First Amendment to the United States Constitution.
(2) 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 must be conducted in a constitutionally appropriate manner.
(3) 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.
(4) 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.
(5) 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. Now, therefore,
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 of 2001".
SECTION 2. 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 3. This act takes effect August 1, 2001.
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