South Carolina General Assembly
117th Session, 2007-2008

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Bill 4320

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

June 3, 2008

H. 4320

Introduced by Reps. Whipper, Clyburn, R. Brown and Hosey

S. Printed 6/3/08--S.

Read the first time April 3, 2008.

            

A BILL

TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT.

Amend Title To Conform

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

SECTION    1.    Section 59-63-31(A) of the 1976 Code, as last amended by Act 92 of 2003, is further amended to read:

"(A)    Children within the ages prescribed in Section 59-63-20 also are entitled to attend the public schools of a school district, without charge, if:

(1)    the child resides with one of the following who is a resident of the school district:

(a)    a person who is not the child's parent or legal guardian to whom the child's custody has been awarded by a court of competent jurisdiction;

(b)    a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Juvenile Justice; or

(c)    the child resides with an adult resident of the school district as a result of the:

(i)        the death, serious illness, or incarceration of a parent or legal guardian;

(ii)    the relinquishment by a parent or legal guardian of the complete control of the child as evidenced by the failure to provide substantial financial support and parental guidance;

(iii)    abuse or neglect by a parent or legal guardian;

(iv)    the physical or mental condition of a parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child; or

(v)    a parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77; or

(vi)    parent's or legal guardian's military deployment or call to active duty more than seventy miles from his residence for a period greater than sixty days; provided, however, that if the child's parent or legal guardian returns from such military deployment or active duty prior to the end of the school year, the child may finish that school year in the school he attends without charge even if the child resides in another school district for the remainder of the school year due to his parent or legal guardian returning home.

(2)    the child is emancipated and resides in the school district;

(3)    the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended; or

(4)    the child resides in an emergency shelter located in the district.

In addition to the above requirements of this subsection, the child shall also satisfy the requirements of Section 59-63-30(d) and (e)."

SECTION    2.    Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-35.    Nonresident military personnel may enroll in a program designed to award a South Carolina high school diploma. However, neither the State nor local districts shall be required to bear the cost for any nonresident military personnel enrolled in these programs."

SECTION 3.    A member of the United States Armed Forces that, as of the effective date of this act, is stationed outside of this State or was stationed outside of this State for any time during the past twelve months to the extent that he would not be considered a resident of this State for the purposes of this Title, but has maintained significant contacts with the State during his service, including, but not limited to, maintaining voter registration or by continuously paying property taxes, is a resident or resides in this State, as the case may be, for purposes of this Title. This section is repealed on July 1, 2009.

SECTION    4.    This act takes effect upon approval by the Governor.

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