2001-2002 Bill 3884: School Districts, Student Enrolling May Be Barred for Felony; May

BIL:3884

TYP:General Bill GB

INB:House

IND:20010405

PSP:Davenport

SPO:Davenport

DDN:l:\council\bills\nbd\11412ac01.doc

RBY:House

COM:Education and Public Works Committee 21 HEPW

SUB:School districts, student enrolling may be barred for felony; may attend alternative school indefinitely; Attendance

HST:

BodyDateAction DescriptionComLeg Involved

______

House20020123Committed to Committee21 HEPW

House20020123Recalled from Committee25 HJ

House20020117Referred to Committee25 HJ

House20020117Recalled from Committee21 HEPW

House20010405Introduced, read first time,21 HEPW

referred to Committee

Versions of This Bill

TXT:

A BILL

TO AMEND SECTION 5963217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR BARRING FIRSTTIME ENROLLMENT OF A STUDENT, SO AS TO REVISE THE GROUNDS UPON WHICH A STUDENT MAY BE BARRED FROM ENROLLING BY PROVIDING THAT A STUDENT MAY BE BARRED FOR COMMISSION OF A CLASS A, B, C, OR D FELONY OR ACTIVITIES WHICH CONSTITUTE SUCH FELONY RATHER THAN FOR A VIOLENT CRIME OR OTHER SPECIFIED CRIMES, TO AUTHORIZE SENDING SUCH STUDENT TO AN ALTERNATIVE SCHOOL, TO DELETE THE PROVISION THAT THE BAR APPLIES FOR A MAXIMUM OF ONE YEAR, AND TO PROVIDE THAT THE BAR MAY BE EXTENDED.

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

SECTION1.Section 5963217 of the 1976 Code, as last amended by Act 117 of 1993, is further amended to read:

“Section 5963217.(A)In determining whether or not a student meets the standards of conduct and behavior promulgated by the board of trustees necessary for first-time enrollment and attendance in a school in the district, the board shall consider nonschool records, the student’s disciplinary records in any school in which the student was previously enrolled as these records relate to the adjudication of delinquency in any jurisdiction, within or without this State, of violations or activities which constitute violent crimes under Section 16160, adjudications for assault and battery of a high and aggravated nature, the unlawful use or possession of weapons, or the unlawful sale of drugs whether or not considered to be drug traffickinga Class A, B, C, or D felony. Based on this consideration of the student’s record, the board may bar his enrollment in the schools of the district; however, the board may authorize attendance at an alternative school.

(B)If the board bars a student from enrolling pursuant to this section, notice must be provided to the student’s parent or legal guardian and the student is entitled to a hearing and all other procedural rights afforded under state law to a student subject to expulsion.

(C)The bar to enrollment allowed by this section applies for a maximum of one year and may be extended. After the bar is lifted, a student may reapply for enrollment and the board shall order the student enrolled if he otherwise meets enrollment criteria.”

SECTION2.This act takes effect upon approval by the Governor.

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