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Indicates New Matter
Sponsors: Rep. Gullick
Document Path: l:\council\bills\gjk\20236sd07.doc
Introduced in the House on March 27, 2007
Currently residing in the House Committee on Education and Public Works
Summary: Alternative schools
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/27/2007 House Introduced and read first time HJ-5 3/27/2007 House Referred to Committee on Education and Public Works HJ-6
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 5-7-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL RESOURCE OFFICERS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2008-2009 WITH FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY FOR THIS PURPOSE, A SCHOOL RESOURCE OFFICER SHALL BE PROVIDED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IN THE MANNER PROVIDED BY LAW TO EACH MIDDLE SCHOOL OR HIGH SCHOOL WITHIN ITS JURISDICTION THAT DOES NOT HAVE A SCHOOL-RESOURCE OFFICER ASSIGNED TO IT; TO AMEND SECTION 59-63-240, RELATING TO THE EXPULSION OF STUDENTS, SO AS TO REQUIRE THE EXPULSION OF STUDENTS FOR AT LEAST ONE YEAR WHO COMMIT CERTAIN CRIMINAL OFFENSES; TO AMEND SECTION 59-63-320, RELATING TO SCHOOL CRIME REPORTING BY THE SCHOOL DISTRICTS OF THIS STATE, SO AS TO ALSO REQUIRE LOCAL SCHOOL OFFICIALS TO REPORT EVIDENCES OF GANG ACTIVITY AND ANY PORTION OF THAT GANG ACTIVITY WHICH SCHOOL OFFICIALS BELIEVE CONSTITUTES CRIMINAL CONDUCT, AND TO PROVIDE THAT LAW ENFORCEMENT OFFICIALS IN TURN SHALL NOTIFY SCHOOL OFFICIALS OF A LOCAL DISTRICT WHEN THEY ASCERTAIN THAT GANGS ARE UNDERTAKING ACTIVITIES AT PARTICULAR SCHOOLS WITHIN THE DISTRICT; TO AMEND SECTION 59-63-380, RELATING TO IMMUNITY OF SCHOOL OFFICIALS WHEN REPORTING SCHOOL RELATED CRIMES, SO AS TO ALSO EXTEND IMMUNITY TO SCHOOL OFFICIALS WHEN TAKING ACTION IN GOOD FAITH TO STOP OR PREVENT SCHOOL-RELATED CRIMES; TO AMEND SECTION 59-63-1120, RELATING TO SEARCHES BY SCHOOL ADMINISTRATORS OR OFFICIALS WITH OR WITHOUT PROBABLE CAUSE, SO AS TO PROVIDE THAT SCHOOL ADMINISTRATORS AND OFFICIALS MAY CAUSE SEARCHES TO BE CONDUCTED BY LAW ENFORCEMENT OFFICIALS WITH DRUG DOGS AND MAY ALSO UTILIZE SURVEILLANCE CAMERAS UNDER SPECIFIED CONDITIONS; TO ADD SECTION 59-63-1410 SO AS TO PROVIDE THAT BEGINNING WITH THE 2008-2009 SCHOOL YEAR THE STATE DEPARTMENT OF EDUCATION, WITHIN AVAILABLE FUNDS PROVIDED BY THE GENERAL ASSEMBLY, SHALL ESTABLISH IN CONJUNCTION WITH LOCAL SCHOOL OFFICIALS ALTERNATIVE SCHOOLS IN THOSE DISTRICTS OR COMBINATION OF DISTRICTS WHERE ALTERNATIVE SCHOOLS ARE NOT YET ESTABLISHED AND FOR WHICH THERE IS A JUSTIFIED NEED; AND TO ADD SECTION 59-63-1420 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2008, STUDENTS WHO HAVE BEEN EXPELLED OR SUSPENDED FROM SCHOOL ALSO MAY ATTEND ALTERNATIVE SCHOOLS IN THE MANNER AND UNDER THE CONDITIONS PROVIDED BY THE STATE DEPARTMENT OF EDUCATION BY REGULATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-7-12 of the 1976 Code is amended by adding a new subsection (C) to read:
"(C) Beginning with school year 2008-2009 with funds appropriated by the General Assembly for this purpose, a school resource officer shall be provided by the governing body of a municipality or county in the manner provided by this section to each middle school or high school within its jurisdiction that does not have a school resource officer assigned to it on the effective date of this subsection."
SECTION 2. Section 59-63-240 of the 1976 Code is amended to read:
"Section 59-63-240. The board may expel, for the remainder of the school year, a pupil for any of the reasons listed in Section 59-63-210 provided, that expulsion of a student is required for at least one year and may be made permanent for a student who violates Section 59-63-235 relating to carrying a firearm, or who threatens the safety and order of the school, pupils, and personnel, carries a knife or another lethal weapon on school grounds, sells or distributes illegal drugs on school grounds, or commits a sexual assault on school grounds. If procedures for expulsion are initiated, the parents or legal guardian of the pupil shall be notified in writing of the time and the place of a hearing either before the board or a person or committee designated by the board. At the hearing the parents or legal guardian shall have the right to legal counsel and to all other regular legal rights including the right to question all witnesses. If the hearing is held by any authority other than the board of trustees, the right to appeal the decision to the board is reserved to either party. The hearing shall take place within fifteen days of the written notification at a time and place designated by the board and a decision shall be rendered within ten days of the hearing. The pupil may be suspended from school and all school activities during the time of the expulsion procedures. The action of the board may be appealed to the proper court. The board may permanently expel any incorrigible pupil."
SECTION 3. Section 59-63-320 of the 1976 Code is amended to read:
"Section 59-63-320. (A) By December 31, 1990, the State Department of Education, after consultation with the State Law Enforcement Division, shall develop a standard school crime reporting form which must be used by all school districts in the State. The form must define what constitutes criminal activity required to be reported and must include, but is not limited to, the following:
(1) types and frequency of criminal incident;
(2) crimes against the person, including:
(a) description of crime;
(b) age and sex of offender and whether the offender is a student. If the offender is a student, whether he attended the school where the crime occurred or a different school, and whether he was under school suspension or expulsion at the time of the offense;
(c) age and sex of the victim and whether the victim is a student. If the victim is a student, whether he attended the school where the crime occurred or a different school. If the victim is not a student, whether he was employed at the school and, if so, in what capacity;
(d) where, at what time, and under what circumstances the incident occurred;
(e) the cost of the crime to the school and to the victim; and
(f) what action was taken by the school administration;
(3) crimes against property, including:
(a) description of the crime;
(b) where, at what time, and under what circumstances the crime occurred;
(c) the cost of the crime to the school and to the victim; and
(d) what action was taken by the school administration.
(B) In addition to the provisions of subsection (A), local school officials also shall report to the State Law Enforcement Division and to local law enforcement agencies evidences of gang activity ascertained by them at individual schools together with any portion of the gang activity which the school officials believe constitutes criminal conduct. The State Law Enforcement Division and local law enforcement agencies in turn shall notify school officials of a local district when they ascertain that gangs are undertaking activities at particular schools within the district."
SECTION 4. Section 59-63-380 of the 1976 Code is amended to read:
"Section 59-63-380. A person affiliated with a school in an official capacity is granted immunity from criminal prosecution and civil liability when making a report of school-related crime in good faith or when taking action on school property in good faith to stop or prevent a school-related crime, to the extent that the exposure to criminal prosecution or civil liability arises from the same report of school-related crime or action taken in regard to school-related crime."
SECTION 5. Section 59-63-1120 of the 1976 Code is amended to read:
"Section 59-63-1120. Notwithstanding any other provision of law, school administrators and officials may conduct reasonable searches on school property of lockers, desks, vehicles, and personal belongings such as purses, bookbags, wallets, and satchels with or without probable cause. For purposes of administering the provisions of this section, school administrators and officials, after general notice to students and parents, may cause searches of school buildings and property to be conducted by law enforcement officials with the use of drug dogs and also may utilize, after general notice to students and parents, surveillance cameras in school areas where students do not have a reasonable expectation of privacy. If students are present for classes when drug dogs are utilized in the search, the search shall be conducted in a manner that does not bring trauma or any unreasonable fear upon the students. If a local law enforcement agency is requested to conduct a search under this section with drug dogs and does not possess such dogs, the State Law Enforcement Division shall provide the dogs to be used in the search together with their handlers."
SECTION 6. Article 13, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-1410. Beginning with the 2008-2009 school year the State Department of Education, within available funds provided by the General Assembly, shall establish in conjunction with local school officials alternative schools in those districts or combination of districts where alternative schools are not yet established and for which there is a justified need."
SECTION 7. Article 13, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-1420. Beginning July 1, 2008, students who have been expelled or suspended from school also may attend alternative schools in the manner and under the conditions provided by the State Department of Education by regulation."
SECTION 8. This act takes effect upon approval by the Governor.
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