South Carolina General Assembly
117th Session, 2007-2008

Download This Version in Microsoft Word format

Bill 198


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-17-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISTURBING SCHOOLS, TO PROVIDE GREATER SPECIFICITY FOR THE TYPES OF CONDUCT WHICH CONSTITUTE THE OFFENSE AND TO PROVIDE FOR INTERVENTION BY SCHOOL OFFICIALS PRIOR TO REFERRING SOME CASES TO COURT.

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

SECTION    1.    Section 16-17-420 of the 1976 Code is amended to read:

"Section 16-17-420.    (A)    It shall be unlawful:

(1)    For for any person to knowingly and willfully or unnecessarily (a) to interfere with, disrupt, or to disturb in any way or in any place the students or teachers the normal operations of any school or college in this State, by (a) entering on school or college grounds or property without the permission of the principal or president in charge, (b) to loitering on or about such school or college premises or grounds or property, after being provided notice to vacate the grounds or property, and after being given reasonable opportunity to do so, (c) to act in an obnoxious manner thereon; or initiating a physical assault on, or fighting with, another person on school or college grounds or property resulting in no serious bodily injury to that person, (d) being loud or boisterous on school or college grounds or property after being instructed by school or college personnel to refrain from such conduct, or (e) threatening physical harm to a student or school or college employee while on school or college grounds or property; or

(2)    For for any person to knowingly and willfully interfere with, disrupt, or disturb the normal operations of any school or college in this State by (a) enter upon any such school or college premises or (b) loiter around the premises, except on business, without the permission of the principal or president in charge initiating a physical assault on, or fighting with, another person on school or college grounds or property resulting in serious bodily injury to that person, or (b) threatening the use of deadly force on school or college grounds or property, or involving school or college grounds or property, where one has the present ability, or is reasonably believed to have the present ability, to carry out the threat.

(B)(1)    Any person adult violating any of the provisions item (1) of subsection (A) of this section shall be guilty of a misdemeanor and, on upon conviction thereof, shall pay a fine of not less than one hundred dollars nor more than one thousand dollars or be imprisoned in the county jail for not less than thirty days nor more than ninety days.

(2)    Any adult violating item (2) of subsection (A) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not less than one hundred dollars, nor more than two thousand dollars, or be imprisoned in the county jail for not less than ninety days, nor more than one year.

(3)    When a juvenile is committed to the custody of the Department of Juvenile Justice for violating item (1) of subsection (A) of this section, commitment must be for a determinate period not to exceed ninety days. When a juvenile is committed to the custody of the Department of Juvenile Justice for violating item (2) of subsection (A) of this section, the court may issue either a determinate or indeterminate sentence.

(C)    If school officials determine that a juvenile has disturbed school by violating item (1) of subsection (A) of this section, then before referring the juvenile to court:

(1)    School officials must make every reasonable effort to notify the parent(s) or guardian of the juvenile's disruptive behavior and meet with the parent(s) or guardian(s) to identify the reasons for the juvenile's disruptive behavior. These efforts shall include, but not necessarily be limited to, telephone calls and home visits, both during and after normal business hours, as well as written messages and e-mails.

(2)    School officials also must develop a written intervention plan to address the juvenile's disruptive behavior in conjunction with the juvenile and the parent(s) or guardians. The written intervention plan must include, but is not limited to:

(a)    designation of a person to lead the intervention team;

(b)    reasons for the disruptive behavior;

(c)    actions to be taken by the juvenile and the juvenile's parent(s) or guardian(s) to resolve the causes of the disruptive behavior;

(d)    documentation of referrals to appropriate service providers and, if available, alternative school and community-based programs;

(e)    actions to be taken by intervention team members;

(f)    actions to be taken if disruptive behavior continues; and

(g)    the signature of the juvenile and the juvenile's parent(s) or guardian(s) or evidence that attempts were made to involve the juvenile and the juvenile's parents(s) or guardian(s).

(3)    School officials may utilize a team intervention approach. Team members may include representatives from:

(a)    social services agencies;

(b)    community mental health agencies;

(c)    substance abuse and prevention agencies; and

(d)    other persons or agencies the district deems appropriate to formulate the written intervention plans.

(4)    School officials shall not refer a juvenile to court for disturbing school for violating item (1) of subsection (A) of this section unless school officials have completed a written intervention plan with the juvenile and the juvenile's parent(s) or guardian(s).

(5)    If (a) the intervention plan is not successful and further inquiry by school officials fails to cause the juvenile or the juvenile's parent(s) or guardian(s) to comply with the written intervention plan, to include the juvenile accumulating another disturbing schools violation, or, (b) if the juvenile or the juvenile's parent(s) or guardian(s) refuse to participate in the intervention, and the juvenile accumulates another disturbing school violation, then school officials may refer the juvenile to court.

(6)    Any referral of a juvenile to the court system for disturbing school must include a copy of the juvenile's discipline record and the written intervention plan indicating the corrective actions that were attempted by the school district and the results of those actions.

(D)    If school officials determine that a juvenile has disturbed school by violating item (2) of subsection (A) of this section, then the school district may immediately refer the juvenile to court for prosecution. Any referral for disturbing school under this section must include a copy of the juvenile's discipline record and a written report indicating any prior corrective actions that were attempted by the school district and the results of those actions."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Monday, June 22, 2009 at 2:30 P.M.