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TO AMEND SECTION 59-63-31 OF THE 1976 CODE, RELATING TO ATTENDANCE AT A PUBLIC SCHOOL, TO PROVIDE THAT A CHILD MAY GO TO PUBLIC SCHOOL IF THE CHILD RESIDES WITH AN ADULT IN THE SCHOOL DISTRICT AS A RESULT OF THE PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT OR CALL TO ACTIVE DUTY MORE THAN SEVENTY MILES FROM THE CHILD'S RESIDENCE FOR A PERIOD GREATER THAN SIXTY DAYS, AND THAT THE CHILD MAY REMAIN IN THAT SCHOOL FOR THE REMAINDER OF THE SCHOOL YEAR EVEN IF THE CHILD'S PARENT OR LEGAL GUARDIAN RETURNS FROM DEPLOYMENT OR ACTIVE DUTY, AND TO PROVIDE THAT ENLISTED MILITARY PERSONNEL MAY ATTEND A HIGH SCHOOL COMPLETION PROGRAM DESIGNED TO AWARD A HIGH SCHOOL DIPLOMA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-63-31 of the 1976 Code is amended to read:
"Section 59-63-31. (A) Children within the ages prescribed in Section 59-63-20 also are entitled to attend the public schools of a school district, without charge, if:
(1) the child resides with one of the following who is a resident of the school district:
(a) a person who is not the child's parent or legal guardian to whom the child's custody has been awarded by a court of competent jurisdiction;
(b) a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Juvenile Justice; or
(c) the child resides with an adult resident of the school district as a result of the:
(i) the death, serious illness, or incarceration of a parent or legal guardian;
(ii) the relinquishment by a parent or legal guardian of the complete control of the child as evidenced by the failure to provide substantial financial support and parental guidance;
(iii) abuse or neglect by a parent or legal guardian;
(iv) the physical or mental condition of a parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child; or
(v) a parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77; or
(vi) parent's or legal guardian's military deployment or call to active duty more than seventy miles from the child's residence for a period greater than sixty days, provided, that if the child's parent or legal guardian returns from deployment or active duty prior to the end of the school year, the child may finish the school year in the school he attends without charge even if the child resides in another school district for the remainder of the school year due to his parent or legal guardian returning home;
(2) the child is emancipated and resides in the school district;
(3) the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended; or
(4) the child resides in an emergency shelter located in the district.
In addition to the above requirements of this subsection, the child shall also satisfy the requirements of Section 59-63-30(d) and (e).
(B) A child between five and twenty-one years of age is entitled to continue attending a particular public school or a successor school in the same school district without charge if:
(1) the child has been attending the school or a predecessor school in the same district prior to being taken into custody by the Department of Social Services or prior to being moved from one placement to another by the department;
(2) the Department of Social Services places the child outside the school district or school attendance zone in a foster home or residential community-based facility licensed or operated by the department; and
(3) the Department of Social Services has determined that it is in the child's best interests for the child to continue attending the school, and that transportation for the child to and from the school is reasonably available.
In addition to the requirements of this subsection, the child also shall satisfy the requirements of Section 59-63-30(d) and (e)
(C) Nonresident military personnel may enroll in a high school completion program designed to award a South Carolina high school diploma. However, neither the state nor local districts shall be required to bear the cost for any nonresident military personnel enrolled in the completion program.
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:26 P.M.