Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 1, 2025

 

H. 3802

 

Introduced by Reps. Bustos, Hartnett, Landing, Teeple, Edgerton, Magnuson, J. L. Johnson, Bamberg, Sanders, Bowers, Pope, Long and Frank

 

S. Printed 5/1/25--H.                                                                       [SEC 5/5/2025 9:57 AM]

Read the first time January 28, 2025

 

________

 

The committee on House Education and Public Works

To whom was referred a Bill (H. 3802) to amend the South Carolina Code of Laws by amending Section 59-63-100, relating to participation in interscholastic activities of public school districts by home, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 59-63-100(B)(3) and (4) and inserting:

       (3) student participating in interscholastic activities, cocurricular activities, extracurricular activities, or career and technical education:

           (a) resides within the attendance boundaries of the school for which the student participates; or

           (b) in the case of a Governor's school student, resides or attends a Governor's school within the attendance boundaries of the school for which the student participates; and

       (4) student notifies the superintendent of the school district in writing of his intent to participate in the interscholastic activity, cocurricular activity, extracurricular activity, or career and technical education as a representative of the school before the beginning date of the season for the activity in which he wishes to participate.; and

       (5) district has space available for the student pursuant to district policy established pursuant to subsection (K).

Amend the bill further, SECTION 1, by striking Section 59-63-100(J) and inserting:

    (J) For purposes of this section, :

       (1) a Governor's school student or a home school student may participate at the same time in interscholastic activities, curricular activities, extracurricular activities, and career and technical education, without limitation or additional requirements imposed by the district that are not placed on students enrolled in the district. ; and

       (2) a home school student transferring from one public high school to another public high school in grades nine through eleven or from one public middle school to another public middle school in grades six through eight is not subject to any prohibition by the South Carolina High School League, or its successor organization, on a transfer student from participating in an interscholastic sport upon transfer. After the initial transfer, any subsequent transfer by a student to another public school shall be subject to the South Carolina High School League or its successor organization's eligibility rules.

    (K)  The State Department of Education shall develop model guidelines for home school students to participate in cocurricular activities, extracurricular activities, or career and technical education in schools within or outside of their public school attendance zone. The model guidelines shall assist local boards of trustees in establishing a home school student interdistrict participation policy. The model guidelines shall serve as the minimum standard, ensuring a baseline of expectations for all districts. Each local policy shall be based on an evaluation of available data reflecting student, school, district, and community needs to ensure access and efficient resource allocation. The policy must include and describe the application requirements, timelines, communication plans, capacity standards, approval and denial criteria, priorities of acceptance, and transportation. Capacity standards are required to be based on objective measures such as facility constraints, staffing levels, and class size limits. A school district may, but is not required to, expand capacity at a school or in a program to accommodate increased demand for home school student program participation. Each district shall review and publicly post available capacity for home school student participation on its website and update this information at least annually. School districts are not required to provide transportation but must disclose their transportation policy. Districts may establish cost-sharing agreements for home school students who require transportation. All school districts must have a home school student participation policy in place within one hundred twenty days of the publication of the model guidelines by the department. Any school district with an existing home school student participation policy must review and ensure compliance with this section within sixty days of its enactment. The department shall review all local home school student participation policies to ensure alignment with the model guidelines. If a district fails to meet minimum standards, the department may withhold administrative funding until the district demonstrates full compliance. The provisions of this chapter do not restrict a school district's ability to enact or enforce a home school student participation policy. 

Renumber sections to conform.

Amend title to conform.

 

SHANNON ERICKSON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill amends Section 59-63-100, relating to participation in interscholastic activities of public school districts by home school, charter school, and Governor's school students, to include participation in cocurricular activities, extracurricular activities, and career and technical education. The bill also specifies that a school district may not charge a Governor's school student or a home school student a participation fee or otherwise assess any cost, require any reimbursement, or impose any other charge for the student to participate in a cocurricular activity, extracurricular activity, or career and technical education offered by the district that is not also charged, assessed, required, or imposed on students enrolled full-time in the district for their participation in the activity. Additionally, a home school student who participates in interscholastic activities, cocurricular activity, extracurricular activity, or career and technical education must be included in the average daily attendance of the school district in which the student resides and must be counted based on the amount of time the student spends in the public school for the activity or career and technical education.

 

S.C. Department of Education. SCDE indicates that this bill will have no expenditure impact, as the department can manage the provisions of the bill with existing appropriations.

 

Governor's Schools. This bill will have no expenditure impact on the Governor's schools. The Governor's School for Agriculture at John de la Howe, the Governor's School for the Arts and Humanities, and the Governor's School for Science and Mathematics indicate that they can manage the provisions of the bill with existing appropriations.

 

Local Expenditure

This bill amends Section 59-63-100, relating to participation in interscholastic activities of public school districts by home school, charter school, and Governor's school students, to include participation in cocurricular activities, extracurricular activities, and career and technical education. The bill also specifies that a school district may not charge a Governor's school student or a home school student a participation fee or otherwise assess any cost, require any reimbursement, or impose any other charge for the student to participate in a cocurricular activity, extracurricular activity, or career and technical education offered by the district that is not also charged, assessed, required, or imposed on students enrolled full time in the district for their participation in the activity.

 

The overall expenditure impact of this bill on the local school districts will vary. SCDE surveyed the seventy-two regular school districts and three charter school districts and received responses from nine districts. Four of the responding districts indicate that the bill will have no expenditure impact. Two districts indicate that implementing the provisions of the bill will increase expenses by an amount ranging from $405,000 to $1,000,000 per year. One district anticipates the need to hire 5.0 FTEs (certified staff/teachers) and to purchase supplies and equipment. This district notes that allowing outside students to participate in cocurricular activities, extracurricular activities, and career and technical education will require the district to expand its programs in order to accommodate the additional students. The other district also anticipates the need to hire additional staff for its career and technical education classes, as the classes are already at maximum enrollment capacity, as well as the need to hire additional administrative staff. This district further reports the potential need to renovate buildings in order to provide enough space for participants and to purchase additional equipment and supplies for its career and technical education and extracurricular programs. The remaining three districts anticipate that implementation of the bill will increase expenses by an undetermined amount, depending upon the number of additional students participating in cocurricular activities, extracurricular activities, and career and technical education.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-63-100, RELATING TO PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES OF PUBLIC SCHOOL DISTRICTS BY HOME SCHOOL, CHARTER SCHOOL, AND GOVERNOR'S SCHOOL STUDENTS, SO AS TO INCLUDE PARTICIPATION IN COCURRICULAR ACTIVITIES, EXTRACURRICULAR ACTIVITIES, AND CAREER AND TECHNICAL EDUCATION, TO PROVIDE EQUAL TREATMENT FOR SUCH STUDENTS AND STUDENTS ENROLLED IN PUBLIC SCHOOLS IN THE DISTRICT, AND TO DEFINE NECESSARY TERMS, AMONG OTHER THINGS.

 

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

 

SECTION 1.  Section 59-63-100 of the S.C. Code is amended to read:

 

    Section 59-63-100. (A) As used in this section:

       (1) "Charter school student" is a child enrolled in a charter school established pursuant to Chapter 40, Title 59.

       (2) "Governor's school student" is a child enrolled at a Governor's school established pursuant to this title.

       (3) "Home school student" is a child taught in accordance with Section 59-65-40, 59-65-45, or 59-65-47 and has been taught in accordance with one of these sections for a full academic year prior to participating in an interscholastic activity pursuant to this section.

       (4) "Interscholastic activities" includes, but isinclude, but are not limited to, athletics, music, speech, and other extracurricular activities.

       (5) "Cocurricular activities" include any school activities that merge an extracurricular activity with an academic course.

       (6) "Extracurricular activities" include, but are not limited to, athletics, band, orchestra, chorus, drama, theatre, speech, debate, junior reserve officer training corps programs and activities, and career and technical education.

       (7) "Career and technical education" includes, but is not limited to, cosmetology, shop, machining, welding, vocational, and technical education.

    (B) Individual Governor's school students and home school students may not be denied by a school district the opportunity to participate in interscholastic activities, cocurricular activities, extracurricular activities, or career and technical education on the same basis as a full-time student enrolled in the district if the:

       (1) student meets all school district eligibility requirements with the exception of the:

           (a) school district's school or class attendance requirements; and

           (b) class and enrollment requirements of the associations or the school district administering the interscholastic activities, cocurricular activities, extracurricular activities, or career and technical education;

       (2) student's teacher, in the case of a Governor's school student, certifies by submitting an affidavit to the school district that the student fully complies with the law and any attendance, class, or enrollment requirements for a Governor's school. In addition, a charter school student's teacher, in the same manner required by this subsection for a Governor's school student, also must certify by affidavit to the student's school district that the student fully complies with the law and any attendance, class, or enrollment requirements for a charter school in order for the student to participate in interscholastic activities, cocurricular activities, extracurricular activities, or career and technical education in the manner permitted by Chapter 40 of this title;

       (3) student participating in interscholastic activities, cocurricular activities, extracurricular activities, or career and technical education:

           (a) resides within the attendance boundaries of the school for which the student participates; or

           (b) in the case of a Governor's school student, resides or attends a Governor's school within the attendance boundaries of the school for which the student participates; and

       (4) student notifies the superintendent of the school district in writing of his intent to participate in the interscholastic activity, cocurricular activity, extracurricular activity, or career and technical education as a representative of the school before the beginning date of the season for the activity in which he wishes to participate.

    (C) A public school student who has been unable to maintain academic eligibility is ineligible to participate in interscholastic activities as a charter school student, Governor's school student, or home school student for the following semester. To establish eligibility for subsequent school years, the student's teacher shall certify by submitting an affidavit to the school district that the student meets the relevant policies of the school at which the student wishes to participate.

    (D) A Governor's school student or home school student is required to fulfill the same responsibilities and standards of behavior and performance, including related practice requirements, of other students participating in the interscholastic activities of the team or squad and is required to meet the same standards for acceptance on the team or squad. A Governor's school student or home school student is required to fulfill the same responsibilities and standards of behavior as other students participating in the cocurricular activities, extracurricular activities, or career and technical education.

    (E) A Governor's school may not be denied by a school district the opportunity to have a team representing the school participate in interscholastic activities if the team meets the same eligibility requirements of other teams. An individual Governor's school student may not participate in an interscholastic activity of a public school district if the school that the student is enrolled in has a team or squad participating in that interscholastic activity.

    (F) A school district may not contract with a private entity that supervises interscholastic activities, cocurricular activities, extracurricular activities, or career and technical education if the private entity prohibits the participation of charter school students, Governor's school students, or home school students in interscholastic activities, cocurricular activities, extracurricular activities, or career and technical education.

    (G) A school district may not charge a Governor's school student or a home school student a participation fee or otherwise assess any cost, require any reimbursement, or impose any other charge for the student to participate in a cocurricular activity, extracurricular activity, or career and technical education offered by the district that is not also charged, assessed, required, or imposed on students enrolled full-time in the district for their participation in the activity.

    (H) A home school student who participates in interscholastic activities, cocurricular activities, extracurricular activities, or career and technical education pursuant to this section must be included in the average daily attendance of the school district in which the student resides and must be counted based on the amount of time the student spends in the public school for the activity or career and technical education.

    (I) A school district may not place any additional requirements on a home school student who participates in interscholastic activities, cocurricular activities, extracurricular activities, or career and technical education pursuant to this section beyond those in Section 59-65-40, 59-65-45, or 59-65-47.

    (J) For purposes of this section, a Governor's school student or a home school student may participate at the same time in interscholastic activities, curricular activities, extracurricular activities, and career and technical education, without limitation or additional requirements imposed by the district that are not placed on students enrolled in the district.

 

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

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