BIL: 4683
RTN: 473
ACN: 331
TYP: General Bill GB
INB: House
IND: 20020207
PSP: Campsen
SPO: Campsen and Barfield
DDN: l:\council\bills\pt\1752dw02.doc
DPB: 20020605
LAD: 20020529
GOV: S
DGA: 20020624
SUB: Student-Led Message Act, policy to permit brief opening or closing message by student at high school graduation or athletic event
HST:
Body Date Action Description Com Leg Involved
______
------20020708 Act No. A331
------20020624 Signed by Governor
------20020606 Ratified R473
House 20020605 Concurred in Senate amendment,
enrolled for ratification
Senate 20020530 Read third time, returned to House
with amendment
Senate 20020529 Made Special Order
Senate 20020529 Amended, read second time
Senate 20020522 Made Special Order
------20020509 Scrivener's error corrected
Senate 20020508 Committee report: Favorable with 11 SJ
amendment
Senate 20020409 Introduced, read first time, 11 SJ
referred to Committee
------20020408 Scrivener's error corrected
House 20020405 Read third time, sent to Senate
House 20020404 Read second time, unanimous consent
for third reading on the next
Legislative day
House 20020403 Amended, debate interrupted
House 20020402 Committee report: Favorable with 25 HJ
amendment
House 20020207 Introduced, read first time, 25 HJ
referred to Committee
Versions of This Bill
Revised on 20020402
Revised on 20020403
Revised on 20020404
Revised on 20020408
Revised on 20020508
Revised on 20020509
Revised on 20020529
TXT:
(A331, R473, H4683)
AN ACT TO ENACT THE “SOUTH CAROLINA STUDENTLED MESSAGE ACT”; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 591441 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL GRADUATION EXERCISE, TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED AND PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO CERTAIN POLICIES OF THE SCHOOL DISTRICT; AND BY ADDING SECTION 591442 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL ATHLETIC EVENT AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED.
Whereas, the State of South Carolina believes it appropriate for school boards and school districts to permit graduating students to participate in graduation ceremonies by offering short opening or closing student messages, or both, in order to promote student freedom of expression and afford them the opportunity to contribute to their graduation ceremonies; and
Whereas, the State of South Carolina believes it appropriate for school boards and school districts to permit students to participate in school athletic events by offering short opening or closing student messages, or both, in order to promote student freedom of expression and afford them the opportunity to contribute to school athletic events; and
Whereas, the State of South Carolina is neutral with respect to the content of the student messages delivered, and requires the same neutrality of school boards and school districts acting under this bill; and
Whereas, the State of South Carolina recognizes that “government may not coerce anyone to support or participate in religion or its exercise, or otherwise act in any way which ‘establishes a [state] religion,’” see Lee v. Weisman, 505 U.S. 577, 587 (1992) (citation omitted), and does not intend by this bill to encourage or discourage religious, nonreligious, or antireligious expression; and
Whereas, the General Assembly forbids school boards and school districts acting under this bill to recommend, monitor, review, or censor opening or closing student messages, accord Adler v. Duval Cty. Sch. Bd., 250 F.3d 1330, 133637 (11th Cir. 2001); and
Whereas, this bill does not signify the General Assembly’s sense of the limits of constitutional law nor preempt school boards and school districts from exercising a constitutional right to permit more expansive student speech at school events, but represents a “safe harbor” which the State of South Carolina will defend. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Citation of act
SECTION 1. This act may be cited as the “South Carolina StudentLed Messages Act”.
Policy to permit student to deliver message
SECTION 2. The 1976 Code is amended by adding:
“Section 591441. (A) The governing body of a school board or school district may adopt a policy that permits graduating high school students as selected by school policy using objective criteria such as academic standing or the exofficio function of a student office or position, to deliver a brief opening or closing message, or both, of two minutes or less, at the high school’s graduation exercises.
(B) If a student delivers a brief opening or closing message, or both, of two minutes or less, the content of that message must be prepared or selected by the student and may not be recommended, monitored, reviewed, or censored by a member of the governing body of the school district, its officers, or employees. No student may be disciplined or reprimanded by the school for the content of any nonobscene, nonprofane, or nonvulgar message delivered pursuant to this section.
(C) The provisions of this section do not apply to policies of the school district or high school that relate specifically to more lengthy, extensive, or featured speeches at the high school’s graduation delivered by a class valedictorian or other student selected on bases such as academic standing or position in student government.”
Policy to permit opening or closing message at schoolsponsored athletic events
SECTION 3. The 1976 Code is amended by adding:
“Section 591442. (A) The governing body of a school board or school district may adopt a policy that permits either (1) the captains of athletic teams at a high school or their student designees; or (2) a student designated by the members of that team to deliver a brief opening or closing message, or both, of two minutes or less, at schoolsponsored athletic events.
(B) If team captains, their student designees, or the student designees of athletic teams deliver a brief opening or closing message, or both, of two minutes or less, the content of that message must be prepared or selected by the student and may not be recommended, monitored, reviewed, or censored by a member of the governing body of the school district, its officers, or employees. No student may be disciplined or reprimanded by the school for the content of any nonobscene, nonprofane, or nonvulgar message delivered pursuant to this section.”
Severability clause
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Ratified the 6th day of June, 2002.
Approved the 24th day of June, 2002.
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