S 209 Session 109 (1991-1992)
S 0209 General Bill, By F. Gilbert
A Bill to provide for the "Parental Responsibilities Act"; to amend the Code
of Laws of South Carolina, 1976, by adding Section 59-17-130 so as to provide
for parental involvement in their childrens' education, provide for assistance
to at-risk children, and define parental responsibility; to amend the 1976
Code by adding Section 59-26-80 so as to provide for the Department of
Education to develop or select in-service training programs for work with
at-risk youth and their parents; to amend the 1976 Code by adding Section
59-26-90 so as to require regulations to provide for the primary employment of
school guidance counselors; to amend Section 20-7-20, relating to the
establishment of a children's policy, so as to provide for the State's
interest in ensuring that children receive an education and for state and
county officials' jurisdictional authority; to amend Section 43-5-550,
relating to the Department of Social Services Work Support Delivery System and
Business and Industrial Advisory Committee, so as to provide the required
components for aid to families with dependent children recipients with
employment plans; to amend Section 59-26-20, relating to the duties of the
State Board of Education, so as to require the adoption of program approval
standards that include training in working with at-risk youth and their
parents; to amend Section 59-65-20, relating to the penalty for failure to
enroll a child in school, so as to delete the application of the Section to a
parent or guardian who refuses to make his child or ward attend school; to
amend Section 59-65-50, relating to reports of school nonattendance to a
court, so as to provide for notification to parents and guardians of the
consequences for nonattendance, revise the reporting requirements for unlawful
absences, provide for the requirements when a child exhibiting truant behavior
is transferred to another school district, and provide the school board of
trustees' requirements; to amend Section 59-65-60, relating to the procedure
when a court receives a report of school nonattendance, so as to require
instead of authorize the appearance of the responsible parent or guardian,
authorize the court to direct the Department of Social Services or the
Department of Youth Services to conduct an investigation and make
recommendations, require instead of authorize the court after hearing to order
a child to attend school upon forty-eight hours instead of ten days notice,
revise the penalty when a parent or guardian fails to comply with the order,
provide the circumstances under which a parent or guardian is excused from the
monetary penalty, provide for the requirements of the attendance hearing when
a minor is found to be a habitual or chronic truant, and when the court finds
that the parent or guardian has not made a bona fide and diligent effort to
keep the child in school; and to provide that this Act does not alter, amend,
or repeal the provisions of the 1976 Code relating to the exceptions to
compulsory attendance laws and home schooling programs.
09/24/90 Senate Prefiled
09/24/90 Senate Referred to Committee on Education
01/08/91 Senate Introduced and read first time SJ-79
01/08/91 Senate Referred to Committee on Education SJ-79
A BILL
TO PROVIDE FOR THE "PARENTAL RESPONSIBILITIES
ACT"; TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 59-17-130 SO AS TO
PROVIDE FOR PARENTAL INVOLVEMENT IN THEIR
CHILDRENS' EDUCATION, PROVIDE FOR ASSISTANCE TO
AT-RISK CHILDREN, AND DEFINE PARENTAL
RESPONSIBILITY; TO AMEND THE 1976 CODE BY ADDING
SECTION 59-26-80 SO AS TO PROVIDE FOR THE DEPARTMENT
OF EDUCATION TO DEVELOP OR SELECT IN-SERVICE
TRAINING PROGRAMS FOR WORK WITH AT-RISK YOUTH AND
THEIR PARENTS; TO AMEND THE 1976 CODE BY ADDING
SECTION 59-26-90 SO AS TO REQUIRE REGULATIONS TO
PROVIDE FOR THE PRIMARY EMPLOYMENT OF SCHOOL
GUIDANCE COUNSELORS; TO AMEND SECTION 20-7-20,
RELATING TO THE ESTABLISHMENT OF A CHILDREN'S
POLICY, SO AS TO PROVIDE FOR THE STATE'S INTEREST IN
ENSURING THAT CHILDREN RECEIVE AN EDUCATION AND
FOR STATE AND COUNTY OFFICIALS' JURISDICTIONAL
AUTHORITY; TO AMEND SECTION 43-5-550, RELATING TO THE
DEPARTMENT OF SOCIAL SERVICES WORK SUPPORT
SERVICES DELIVERY SYSTEM AND BUSINESS AND
INDUSTRIAL ADVISORY COMMITTEE, SO AS TO PROVIDE THE
REQUIRED COMPONENTS FOR AID TO FAMILIES WITH
DEPENDENT CHILDREN RECIPIENTS WITH EMPLOYMENT
PLANS; TO AMEND SECTION 59-26-20, RELATING TO THE
DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO
REQUIRE THE ADOPTION OF PROGRAM APPROVAL
STANDARDS THAT INCLUDE TRAINING IN WORKING WITH
AT-RISK YOUTH AND THEIR PARENTS; TO AMEND SECTION
59-65-20, RELATING TO THE PENALTY FOR FAILURE TO
ENROLL A CHILD IN SCHOOL, SO AS TO DELETE THE
APPLICATION OF THE SECTION TO A PARENT OR GUARDIAN
WHO REFUSES TO MAKE HIS CHILD OR WARD ATTEND
SCHOOL; TO AMEND SECTION 59-65-50, RELATING TO
REPORTS OF SCHOOL NONATTENDANCE TO A COURT, SO AS
TO PROVIDE FOR NOTIFICATION TO PARENTS AND
GUARDIANS OF THE CONSEQUENCES FOR NONATTENDANCE,
REVISE THE REPORTING REQUIREMENTS FOR UNLAWFUL
ABSENCES, PROVIDE FOR THE REQUIREMENTS WHEN A
CHILD EXHIBITING TRUANT BEHAVIOR IS TRANSFERRED TO
ANOTHER SCHOOL DISTRICT, AND PROVIDE THE SCHOOL
BOARD OF TRUSTEES' REQUIREMENTS; TO AMEND SECTION
59-65-60, RELATING TO THE PROCEDURE WHEN A COURT
RECEIVES A REPORT OF SCHOOL NONATTENDANCE, SO AS
TO REQUIRE INSTEAD OF AUTHORIZE THE APPEARANCE OF
THE RESPONSIBLE PARENT OR GUARDIAN, AUTHORIZE THE
COURT TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES
OR THE DEPARTMENT OF YOUTH SERVICES TO CONDUCT AN
INVESTIGATION AND MAKE RECOMMENDATIONS, REQUIRE
INSTEAD OF AUTHORIZE THE COURT AFTER HEARING TO
ORDER A CHILD TO ATTEND SCHOOL UPON FORTY-EIGHT
HOURS INSTEAD OF TEN DAYS NOTICE, REVISE THE
PENALTY WHEN A PARENT OR GUARDIAN FAILS TO COMPLY
WITH THE ORDER, PROVIDE THE CIRCUMSTANCES UNDER
WHICH A PARENT OR GUARDIAN IS EXCUSED FROM THE
MONETARY PENALTY, PROVIDE FOR THE REQUIREMENTS OF
THE ATTENDANCE HEARING WHEN A MINOR IS FOUND TO
BE A HABITUAL OR CHRONIC TRUANT, AND WHEN THE
COURT FINDS THAT THE PARENT OR GUARDIAN HAS NOT
MADE A BONA FIDE AND DILIGENT EFFORT TO KEEP THE
CHILD IN SCHOOL; AND TO PROVIDE THAT THIS ACT DOES
NOT ALTER, AMEND, OR REPEAL THE PROVISIONS OF THE
1976 CODE RELATING TO THE EXCEPTIONS TO COMPULSORY
ATTENDANCE LAWS AND HOME SCHOOLING PROGRAMS.
Whereas, the General Assembly finds that the involvement of parents,
as the first and most important teachers of their children, is a critical and
necessary component of a student's education; and
Whereas, it is the purpose of this act to enhance the involvement of
parents in the education of their children and to ensure school attendance
of children through the uniform handling and enforcement of
nonattendance cases by school officials, the South Carolina Department
of Youth Services, the South Carolina Department of Social Services,
solicitors, and the family court; and
Whereas, the members of the General Assembly believe that parental
knowledge of their child's nonattendance and parental involvement with
the school and with others may assist local school officials in addressing
the causes and reasons for nonattendance; and
Whereas, it is the intent of this act to require school officials, state and
local child serving agencies, and the judicial and executive branches of
government to do everything within their legal authority and fiscal
resources to assist in obtaining and maintaining regular school
attendance of this state's youth. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Parental
Responsibilities Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 59-17-130. The school districts of this State shall
encourage parents to become involved in their children's education,
including preschool-age children's education, as early as possible and
make parental involvement and home-school relations a major
component of school improvement efforts. The school districts shall
keep records of at-risk children and their behavior, provide counseling
when available, assist parents in understanding their children's behavior,
and, when necessary, make proper referrals of children and their parents
to other state agencies for necessary help in correcting existing problems
and preventing future ones. It is the responsibility of parents to keep
school appointments so as to avoid being cited for parenting or
educational neglect. Parental responsibility includes, but is not limited
to, providing essential supervision, clothing, food, and support for the
child to attend school."
SECTION 3. The 1976 Code is amended by adding:
"Section 59-26-80. The State Department of Education, in
cooperation with appropriate technical assistance entities which have
expertise in the areas of at-risk youth and parent involvement, shall
develop or select inservice training programs for teachers,
administrators, and school improvement councils in working with at-risk
youth and their parents. The training programs must include topics such
as multi-cultural behavior and teaching techniques found by research to
promote high academic achievement, high self-esteem, and personal
growth and responsibility. For the purposes of this section, 'at-risk
youth' means potential or actual dropouts who, because of economic,
social, health, or educational factors, are experiencing difficulty with
social adjustment, progress toward graduation, completion of a course
of study, or preparation for employment, as evidenced by pupils who
have been absent from school without acceptable excuses, are parents,
have been adjudicated delinquent, or are one or more years behind their
age group in the number of credits attained or basic skill levels.
Section 59-26-90. The State Board of Education shall promulgate
regulations to provide that school guidance counselors are employed
primarily to counsel students, give group guidance where appropriate,
and work with the students' parents and teachers."
SECTION 4. Section 20-7-20 of the 1976 Code is amended by adding
at the end:
"(G) The State has a paramount interest in ensuring that
children receive a primary and secondary education. State and county
officials shall do everything within their jurisdictional authority to carry
out the provisions of the South Carolina school attendance law and the
South Carolina Children's Code to prevent delinquency and decrease
crime."
SECTION 5. Section 43-5-550(h)(3) of the 1976 Code is amended to
read:
"(3) Following assessment, an individual employability plan
must be written responding to the needs of the client. A vocational
objective must be established for each client in keeping with identified
abilities, aptitudes, competencies, and interests. Services must
also must be identified in the Plan plan which
assist the client to enter employment. Support services such as
parenting skills for young custodial parents are required components for
Aid to Families with Dependent Children recipients whose individual
employment plans prescribe these activities. Individual employment
plans for all custodial parents under the age of twenty years must include
parenting skills."
SECTION 6. Section 59-26-20 of the 1976 Code is amended by adding
at the end:
"(o) Adopt program approval standards so that, beginning
with school year 1992-93, students who are pursuing a program in a
college or university in this State which leads to certification as
instructional or administrative personnel shall complete training and
teacher development experiences in working with at-risk youth and their
parents. Special attention must be given to teaching and student
development techniques found by research to promote, at a minimum,
high academic achievement, high self-esteem, and high adolescent social
conduct and responsibility. For the purposes of this section, 'at-risk
youth' means potential or actual dropouts who, because of economic,
social, health, or educational factors, are experiencing difficulty with
social adjustment, progress toward graduation, completion of a course
of study, or preparation for employment, as evidenced by pupils who
have been absent from school without acceptable excuses, are parents,
have been adjudicated delinquent, or are one or more years behind their
age group in the number of credits attained or basic skill levels."
SECTION 7. Section 59-65-20 of the 1976 Code is amended to read:
"Section 59-65-20. Any A parent or guardian
who neglects to enroll his child or ward or refuses to make such child
or ward attend in school shall, upon conviction,
must be fined not more than fifty dollars or be
imprisoned for not more than thirty days; each.
Each day's absence shall constitute is a separate
offense; provided. However, the court
may in its discretion may suspend the sentence of
anyone convicted of the provisions of this article
section."
SECTION 8. Section 59-65-50 of the 1976 Code is amended to read:
"Section 59-65-50. If the board of trustees of a school
district or its designee is unable to obtain the school attendance of a
child in the age group specified in Section 59-65-10, the board or its
designee shall report such nonattendance in writing to the juvenile court
or such other court in the county as may have jurisdiction of juveniles
but exclusive of magistrate's courts notwithstanding the provisions of
Section 22-3-540; provided, that no one except the board of trustees or
its designee shall have the authority to institute the proceedings
herein.
(A) The board of trustees of a school district shall
notify parents or guardians of students of the school attendance laws and
their penalties and consequences at the beginning of each school year.
The student's parent or guardian must be notified of the student's
nonattendance when the student has accumulated three consecutive
absences or five cumulative absences. Notice must be by telephonic
contact with the student's parent or guardian by the end of the school day
in which the last absence occurred, by regular mail sent no later than the
following school day, or by any other reasonable means.
(B) (1) After three consecutive unlawful
absences or five cumulative unlawful absences, the school district shall
determine if the child's future achievement, attendance, or well-being is
in jeopardy and if so schedule a conference with the student and parent
or guardian and formulate a proposed intervention plan to ensure the
student's continued attendance. The plan must include all available
services and programs that reasonably could be expected to assist in
improving attendance. The plan must be reduced to writing by the
school district and a copy provided to the parent or guardian no later
than five working days after the conference.
(2) If the parent or guardian fails to comply with
the request for a conference with attendance officials, the board of
trustees or its designee shall report the nonattendance in writing to a
family court and shall apply for a court administration document
utilizing forms developed by the court administration ordering the parent
or guardian to appear at a place designated by the school official. The
family court shall issue the court administration document upon request
in the manner that jury summons are issued. Failure to comply with the
court administration document is punishable by a fine of fifty dollars,
thirty days imprisonment, or public service, or a combination of
them.
(C) After a child has had six consecutive unlawful
absences or a total of eight unlawful absences, the school district shall
file a report with the solicitor if it is determined that future achievement,
attendance, or well-being are in jeopardy. The report must indicate the
affirmative action taken by the district to work with the parent or
guardian and all other appropriate entities to secure the child's
attendance. The solicitor may ask either the South Carolina Department
of Social Services or the South Carolina Department of Youth Services
to conduct an investigation of the circumstances surrounding the child's
absence from school and to recommend services appropriate to rectify
the situation.
(D) If, during the activities designed to remedy truant
behavior as provided in Section 59-65-60, the parents or guardian of the
student who is the subject of these activities transfers the student to
another school district in the State, the administration of the school from
which the student transferred shall include all plans and documentation
associated with improving attendance with the official records that are
sent to the receiving school district.
(E) No one except the board of trustees or its designee
may institute the proceedings provided in this article. A school board
which wilfully fails to follow the requirements of this section may be
cited by the State Board of Education with an accreditation deficiency
under the defined minimum program."
SECTION 9. Section 59-65-60 of the 1976 Code is amended to read:
"Section 59-65-60. (A) Upon receipt of such
the report, the court may forthwith immediately
shall order the appearance before such the court of
the responsible parent or guardian and if it deems
considers necessary, the minor involved, for such action
as the court may deem consider necessary to
carry out the provisions of this article. The court may direct the
South Carolina Department of Social Services or the South Carolina
Department of Youth Services to conduct an investigation of the
circumstances surrounding the child's absence from school and to
recommend services appropriate to rectify the situation.
(B) The court may, after hearing upon ten days
forty-eight hours notice, shall order such
the parent or guardian to require such the child
to attend school and upon failure of such. A
parent or guardian who fails to comply with such
the order may punish such is guilty of
parent or guardian as by contempt, provided, that punishment
for such contempt cannot exceed fifty dollars or and must be
fined not more than two hundred fifty dollars or imprisoned for not more
than thirty days imprisonment for each offense. The
continued or habitual unexcused absence of a child raises the inference
of a violation. However, the family court, upon finding that the parent
or guardian has made a bona fide and diligent effort to control and keep
the child in school, shall excuse the parent or guardian from fines
prescribed in this article and refer the parent or guardian and child for
counseling, guidance, or other needed services. In lieu of the fine and
imprisonment, the court may provide for the parent or guardian to
perform public service work or participate in services or programs
designed to correct the situation that led to the child's nonattendance.
The services or programs include, but are not limited to, substance abuse
treatment and family therapy.
(C) At the attendance hearing the court shall order the
child to attend school by placing the child under an attendance order
which may require that the child have no unexcused absences from
school for the remainder of the current school year. The court further
shall inform the child that failure to comply with the order of the court
may result in the child being brought back before the court and, upon
being found to be truant and adjudicated as a status offender,
temporarily committed to the Reception and Evaluation Center of the
Department of Youth Services or referred by the court as a condition of
probation to some other appropriate community based treatment. If a
child violates the terms of the attendance order imposed on him by the
court and is brought back into court for this violation, after the court
determines and specifically finds that a child's nonattendance in school
has occurred without the knowledge, consent, or connivance of the
responsible parent or guardian, or that a bona fide attempt has been
made by the parent or guardian to control and keep the child in school,
and after the court finds that the school district has taken all appropriate
action to rectify the nonattendance situation, the court may declare the
child to be a truant, adjudicate the child as a status offender, and subject
the child to the provisions of law in these cases.
(D) If the minor is found to be a habitual or chronic
truant, the family court may commit the minor to the Reception and
Evaluation Center of the Department of Youth Services, commit the
minor to the Chronic Status Offenders Program at the Department of
Youth Services, refer the child to the local mental health center for
assessment and evaluation, place the minor on probation, or issue an
order directing other reasonable action for the best interest of the child,
including community service but excluding detention. Before a minor
may be committed to the Reception and Evaluation Center or to the
Chronic Status Offenders Program, the court shall consider whether all
appropriate alternative services and programs available in the
community have been exhausted.
(E) If the court finds that the parent or guardian has not
made a bona fide and diligent effort to keep the child in school, the
family court, in addition to imposing the fines provided in this section,
may order the parent or guardian to attend a parental responsibility
program jointly approved by the Department of Education, the
Department of Social Services, and the Department of Youth Services.
These departments may identify appropriate parental responsibility
programs offered by both public and private groups, including
community-based programs. The court may suspend or reduce a find
imposed upon successful completion of the parental responsibility
program or the performance of community service but otherwise may
not suspend or reduce the fine. The wilful failure to complete the
program or services successfully in a timely manner is punishable as
contempt. In addition, the family court may place the parent or guardian
on probation with the Department of Youth Services for not more than
one year and may require participation in other services or treatment the
court considers necessary. The procedure herein provided shall
be alternative to the penalties provided in Section 59-65-20."
SECTION 10. The provisions of this act do not alter, amend, or repeal
the provisions of Section 59-65-30 of the 1976 Code, relating to the
exceptions to compulsory attendance laws, or Section 59-65-40, relating
to home schooling programs.
SECTION 11. This act takes effect upon approval by the Governor.
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