H 3091 Session 110 (1993-1994)
H 3091 General Bill, By Kirsh, Delleney, Meacham, Moody-Lawrence and Simrill
Similar(S 352)
A Bill to amend Section 59-65-30, Code of Laws of South Carolina, 1976,
relating to exceptions to mandatory attendance requirements of children in
public or private schools, so as to delete the exception of a child who is
married or has been married, an unmarried child who is pregnant, or a child
who has had a child outside of wedlock.
01/13/93 House Introduced and read first time HJ-14
01/13/93 House Referred to Committee on Education and Public
Works HJ-14
04/21/93 House Committee report: Favorable with amendment
Education and Public Works HJ-15
04/28/93 House Amended HJ-47
04/28/93 House Debate interrupted HJ-49
04/29/93 House Debate adjourned until Tuesday, May 4, 1993 HJ-17
05/04/93 House Amended HJ-22
05/04/93 House Objection by Rep. White HJ-22
05/04/93 House Read second time HJ-23
05/05/93 House Read third time and sent to Senate HJ-14
05/06/93 Senate Introduced and read first time SJ-9
05/06/93 Senate Referred to Committee on Education SJ-9
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 4, 1993
H. 3091
Introduced by REPS. Kirsh, Simrill, Moody-Lawrence, Meacham and
Delleney
S. Printed 5/4/93--H.
Read the first time January 13, 1993.
A BILL
TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO EXCEPTIONS TO
MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN
IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE
EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN
MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR
A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-65-30 of the 1976 Code is amended to
read:
"Section 59-65-30. The provisions of this article
shall (do) not apply to:
(a) Any A child who has been graduated from high
school or has received the equivalent of a high school education from
a school approved by the State Board of Education, or member school
of South Carolina Independent Schools' Association, or a private
school in existence at the time of the passage of this article ;
(b) Any A child who obtains a certificate from a
psychologist certified by the State Department of Education or from
a licensed physician stating that he is unable to attend school because
of a physical or mental disability; provided there are no suitable
special classes available for such child in the school district where he
resides;
(c) Any A child who has completed the eighth
grade and who is determined by the court to be legally and gainfully
employed whose employment is further determined by such court to
be necessary for the maintenance of his home;
(d) Any child who, at the time this article becomes law, is ten
years of age or older and has been out of school for three years or
more, provided there are no special classes in the school district for
the child to attend;
(e) Any child who is married or has been married, any
unmarried child who is pregnant or any child who has had a child
outside of wedlock;
(f) (d) Any A child who has
reached the age of sixteen years and whose further attendance in
school, vocational school, or available special classes is determined by
a court of competent jurisdiction to be disruptive to the educational
program of the school, unproductive of further learning, or not in the
best interest of the child, and who is authorized by such
the court to enter into suitable gainful employment under the
supervision of the court until age seventeen is attained. Provided,
however, that However, prior to being exempted from the
provisions of this article, the court may first require that the child
concerned be examined physically and tested mentally to assist the
court to determine whether or not gainful employment would be more
suitable for the child than continued attendance in school. Such
The examination and testing shall must be
conducted by the Department of Youth Services or by any local
agency which the court determines to be appropriate.;
provided, further, that the The court shall revoke the
exemption herein provided in this item upon a finding
that the child fails to continue in his employment until reaching the
age of seventeen years.
(e) A student who has a child and who is granted a waiver from
attendance by the district's attendance supervisor or his designee. The
district attendance supervisor may grant a waiver only if he determines
that suitable day care is unavailable. The student must consult with
the district supervisor or his designee in a timely manner to consider
all available day care options or the district shall consider the student
to be in violation of this chapter."
SECTION 2. This act takes effect upon approval by the Governor.
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