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Indicates Matter Stricken
Indicates New Matter
AMENDED
March 19, 2013
H. 3229
S. Printed 3/19/13--H.
Read the first time January 8, 2013.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-170 SO AS TO CREATE THE DIVISION OF INTERSCHOLASTIC ATHLETICS TO SERVE AS THE SOLE GOVERNING BODY OF ATHLETICS FOR SOUTH CAROLINA PUBLIC SCHOOLS, TO PROVIDE FOR A DIRECTOR OF THE DIVISION APPOINTED BY THE SUPERINTENDENT OF EDUCATION, TO PROVIDE MATTERS ABOUT WHICH THE DIVISION SHALL PROMULGATE REGULATIONS AND FOR WHICH THE DIVISION MAY ISSUE EMERGENCY REGULATIONS, TO PROVIDE FOR THE CREATION OF AN ADVISORY COMMITTEE TO ASSIST THE DIVISION IN EVALUATING THE OVERALL INTERSCHOLASTIC ATHLETIC PROGRAM AND RELATED RECOMMENDATIONS, TO PROVIDE FOR THE COMPOSITION OF THE COMMITTEE, AND TO PROVIDE MEMBERS OF THE COMMITTEE SERVE AT THE PLEASURE OF THE SUPERINTENDENT OF EDUCATION AND MAY NOT RECEIVE COMPENSATION; AND TO AMEND SECTION 59-39-160, RELATING TO REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES, SO AS TO MAKE CONFORMING CHANGES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 59 of the 1976 Code is amended by adding:
"Section 59-5-170. A public school may not join or affiliate with any interscholastic athletic association, body, or entity unless the constitution, rules, or policies of the association, body, or entity contain the following:
(1) A range of sanctions that may be applied to a student, coach, team, or program and that take into account factors such as the seriousness, frequency, and other relevant factors when there is a violation of the constitution, bylaws, rules, or other governing provisions of the association, body, or entity.
(2) Guarantees that individuals and private or charter institutions are afforded the same rights and privileges that are enjoyed by all other members of the association, body, or entity. Individuals and private or charter institutions may not be expelled or denied membership in the association, body, or entity or restricted in their ability to participate in interscholastic athletics including, but not limited to, state playoffs or championships based solely on their status as a home-schooled individual, private school, or charter school.
(3)(a) An appeals process in which appeals of the association, body, or entity are made to a disinterested third-body appellate panel. The appellate body must consist of seven members, with one person appointed by the delegation of each congressional district. Members must serve four-year terms.
(b) A member of the panel serves until his successor is appointed and qualifies. A vacancy on the panel must be filled in the manner of the original appointment.
(c) Members of the appellate panel may not concurrently serve as officers of the association, body, or entity and may not have served as a member of the executive committee within the last three years. Parents, principals, and coaches must be able to appeal a ruling of the association, body, or entity to the panel. The appellate panel must provide the final ruling in any appeal brought against a decision of the association, body, or entity.
(4) A procedure in place for emergency appeals to be held and decided upon in an expedited manner if the normal appellate process would prohibit the participation of a student, team, program, or school in an athletic event, to include practices.
(5) Provisions, implemented within one year after the effective date of this section, that require the composition of the executive committee of the association, body, or entity be geographically representative of this State.
Section 59-5-180. In the event an association, body, or entity fails to include one of the items listed in Section 59-5-170, public schools must end their affiliation with the association, body, or entity prior to the beginning of the upcoming school year and are prohibited from paying dues or fees to the association, body, or entity."
SECTION 2. This act takes effect July 1, 2013.
This web page was last updated on March 19, 2013 at 4:52 PM