Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3117

STATUS INFORMATION

General Bill
Sponsors: Rep. Davenport
Document Path: l:\council\bills\pt\1137sl03.doc

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary

Summary: Student may be barred from enrolling for commission of felony, sent to alternative school

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  House   Prefiled
   12/4/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-50
   1/14/2003  House   Referred to Committee on Judiciary HJ-51

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002

TO AMEND SECTION 59-63-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR BARRING FIRST-TIME 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 AN ACTIVITY WHICH CONSTITUTES THE FELONY RATHER THAN FOR A VIOLENT CRIME OR OTHER SPECIFIED CRIME, TO AUTHORIZE SENDING THE 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:

SECTION    1.    Section 59-63-217 of the 1976 Code, as last amended by Act 117 of 1993, is further amended to read:

"Section 59-63-217.    (A)    In determining whether or not a student meets the standards standard 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 record in any a school in which the student was previously enrolled as these the records record relate relates to the adjudication of delinquency in any a jurisdiction, within or without this State, of a violations violation or activities activity which constitute constitutes violent crimes under Section 16-1-60, 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 trafficking a 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 the board must provide notice to the student's parent or legal guardian. and the The student is entitled to a hearing and all other procedural rights afforded under by 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 The board shall order the student enrolled if he otherwise meets enrollment criteria."

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

This web page was last updated on Monday, December 7, 2009 at 10:24 A.M.