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H. 3761
STATUS INFORMATION
General Bill
Sponsors: Reps. Loftis, Barfield, Coates, Davenport, Gilham, Hamilton, Leach, Merrill, Pinson, M.A. Pitts, Rice, Simrill, Stille, Toole, Trotter, Witherspoon and Duncan
Document Path: l:\council\bills\gjk\20124sd03.doc
Introduced in the House on March 11, 2003
Currently residing in the House Committee on Education and Public Works
Summary: Student discipline
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/11/2003 House Introduced and read first time HJ-12 3/11/2003 House Referred to Committee on Education and Public Works HJ-13 3/20/2003 House Member(s) request name added as sponsor: Duncan
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-285 SO AS TO PROVIDE TEACHERS CONSISTENT WITH THE LOCAL BOARD POLICY HAVE THE AUTHORITY TO MANAGE THEIR CLASSROOMS, DISCIPLINE STUDENTS, AND REFER STUDENTS TO THE PRINCIPAL IN ORDER TO MAINTAIN DISCIPLINE IN THE CLASSROOM, TO PROVIDE THAT A TEACHER SHALL FILE A REPORT WITH THE PRINCIPAL CONCERNING STUDENTS WHO EXHIBIT BEHAVIOR WHICH SUBSTANTIALLY INTERFERES WITH THE TEACHER'S ABILITY TO TEACH OR WITH THE ABILITY OF THE STUDENT'S CLASSMATES TO LEARN, AND TO PROVIDE FOR THE MANNER IN WHICH THE PRINCIPAL SHALL DEAL WITH THIS REPORT; AND BY ADDING SECTION 59-63-295 SO AS TO PROVIDE THAT A TEACHER MAY OBJECT TO A DISRUPTIVE STUDENT RETURNING TO THE CLASSROOM IF A REPORT REFERENCED ABOVE PREVIOUSLY HAS BEEN FILED WITH THE PRINCIPAL, AND TO PROVIDE FOR FURTHER PROCEDURES TO BE FOLLOWED AND SANCTIONS WHICH MAY BE IMPOSED AGAINST SUCH A STUDENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-285. (A) A teacher shall have the authority, consistent with local board policy, to manage his or her classroom, discipline students, and refer a student to the principal to maintain discipline in the classroom. The principal shall respond when a student is referred by a teacher by employing appropriate discipline management techniques that are consistent with local board policy.
(B) Local school boards of trustees shall adopt policies which require the filing of a report by a teacher who has knowledge that a student has exhibited behavior that repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in his or her class or with the ability of the student's classmates to learn. The report must be filed with the principal within one school day of the most recent occurrence of the behavior, shall not exceed one page, and shall describe the behavior. Within one school day after receiving the report from a teacher, the principal shall send to the student's parents or guardian a copy of the report and information regarding how the student's parents or guardians may contact the principal in regard to the report.
(C) If disciplinary action is taken in response to the report by the principal, the principal shall send written notification to the teacher and the student's parents or guardians of the disciplinary action taken within one school day after the utilization or action and shall make a reasonable attempt to confirm that the written notification has been received by the student's parents or guardians."
SECTION 2. Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-295. (A) Beginning July 1, 2003, a teacher shall have the authority to remove from his or her class a student who repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn, provided that the teacher has previously filed a report pursuant to Section 59-63-285 or determines that the behavior of the student poses an immediate threat to the safety of the student's classmates or the teacher. The teacher shall file with the principal a report describing the student's behavior, in one page or less, by the end of the school day on which the removal occurs or at the beginning of the next school day. Within one day after the student's removal from class, the principal shall send to the student's parents or guardians written notification that the student was removed from class, a copy of the report filed by the teacher, and information regarding how the student's parents or guardians may contact the principal in regard to the report.
(B) If a teacher removes a student from class pursuant to subsection (A), the principal shall discuss the matter with the teacher and the student by the end of the school day on which the removal occurs or at the beginning of the next school day. The principal shall give the student oral or written notice of the grounds for the student's removal from class, and if the student denies engaging in such conduct, the principal shall explain the evidence which supports the removal from class and give the student an opportunity to present an explanation of the situation. If, after these discussions, the principal seeks to return the student to the teacher's class and the teacher gives his or her consent, the student must be returned to the class, and the principal may take action to discipline the student as may be warranted, pursuant to this section or local district policy. If, after such discussions, the principal seeks to return the student to the teacher's class and the teacher withholds his or her consent to the student's return to class, the principal shall determine an appropriate temporary placement for the student by the end of the first school day following the removal and shall take steps to convene a meeting of a placement review committee as established by this section. The placement review committee shall convene by the end of the second school day following the removal by the teacher and shall issue a decision by the end of the third school day following the removal by the teacher. An appropriate temporary placement for the student shall be a placement that, in the judgment of the principal, provides the least interruption to the student's education and reflects other relevant factors including, but not limited to, the severity of the behavior that was the basis for the removal, the student's behavioral history, the student's need for support services, and the available education settings. However, the student shall not be returned to the class of the teacher who removed the student, as an appropriate temporary placement, unless the teacher gives his or her consent. The temporary placement must be in effect from the time of removal until the decision of the placement review committee is issued or, if applicable, a placement determination is made pursuant to this section.
(C) Local school boards by policy shall provide for the establishment in each school of one or more placement review committees, each of which is to be composed of three members, to determine the placement of a student when a teacher withholds his or her consent to the return of a student to the teacher's class. For each committee established, the faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member, and the principal shall choose one member of the professional staff of the school to serve as a member. The teacher withholding consent to readmit the student may not serve on the committee. The placement review committee shall have the authority to:
(1) return the student to the teacher's class upon determining that the placement is the best alternative or the only available alternative; or
(2) refer the student to the principal for appropriate action consistent with subsection (D) of this section.
The decision of the placement review committee shall be in writing and shall be made within three school days after the teacher withholds consent to the return of a student. Local school boards shall provide during periods of in-service training for training for members of placement review committees regarding the provisions of this section including procedural requirements and local board policies relating to student discipline.
(D)(1) If a placement review committee decides to return a student to a class from which he or she was removed, the principal shall implement the decision of the placement review committee. In addition, the principal, consistent with any applicable procedures requirements, may take any of the following actions, which are authorized as a response to the alleged violation:
(a) place the student in an alternative school program;
(b) impose out-of-school suspension for not more than ten school days in the manner provided by this article; or
(c) make another disciplinary decision or recommendation consistent with local board policy.
(2) If a placement review committee decides not to return a student to a class from which the student was removed, the principal shall implement the decision of the placement review committee. In addition, the principal shall determine an appropriate placement for the student and may take action to discipline the student, in a manner consistent with any applicable procedural requirements, as follows:
(a) place the student into another appropriate classroom or an alternative school program;
(b) impose out-of-school suspension for not more than ten school days in the manner provided by this article;
(c) make another placement or disciplinary decision or recommendation consistent with local board policy; or
(d) implement or recommend any appropriate combination of the above and return the student to the class from which he or she was removed upon the completion of any disciplinary or placement action taken pursuant to this subsection.
(E) Within one school day of taking action pursuant to subsection (C) or (D), the principal shall send written notification of such action to the teacher and the parents or guardians of the student and shall make a reasonable attempt to confirm that the written notification has been received by the student's parents or guardians.
(F) Parents or guardians of a student who has been removed from class pursuant to this section may be required by the family court to participate in conferences that may be requested by the principal. However, a student may not be penalized for the failure of his or her parent or guardian to attend the conference.
(G) The procedures contained in this section relating to student conferences and notification of parents or guardians are minimum requirements. Nothing in this section shall be construed to limit the authority of a local board to establish additional requirements relating to student conferences, notification of parents or guardians, conferences with parents or guardians, or other appropriate procedures.
(H) A school principal may designate an assistant principal to perform the duties of the principal under this section except for suspensions from school, which must be the design of the principal in the manner provided by this article."
SECTION 3. This act takes effect upon approval by the Governor.
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