S 920 Session 109 (1991-1992)
S 0920 General Bill, By M.T. Rose
A Bill to amend Title 59, Code of Laws of South Carolina, 1976, relating to
education, by adding Chapter 68 so as to authorize a pupil to attend a public
school in an attendance zone or a district other than the one in which he
resides under certain restrictions, conditions, and limitations.
04/24/91 Senate Introduced and read first time SJ-7
04/24/91 Senate Referred to Committee on Education SJ-7
A BILL
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO EDUCATION, BY ADDING CHAPTER 68 SO
AS TO AUTHORIZE A PUPIL TO ATTEND A PUBLIC SCHOOL IN
AN ATTENDANCE ZONE OR A DISTRICT OTHER THAN THE
ONE IN WHICH HE RESIDES UNDER CERTAIN RESTRICTIONS,
CONDITIONS, AND LIMITATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that the students in South
Carolina's public schools and their parents will become more informed
about and more involved in the public educational system if students and
their parents are provided greater freedom to determine the most
effective school for meeting their individual educational needs . There
is no "right" school for every student and permitting students
to choose from among different schools with differing assets will
increase the likelihood that some marginal students stay in school and
that other, more motivated students fulfill their full academic potential.
The General Assembly further finds that giving more options to
parents and students regarding where they attend public school will
increase the responsiveness and effectiveness of the state's schools since
teachers, administrators, and school board members will have added
incentive to satisfy the educational needs of the students who reside in
the district.
The General Assembly finds that these benefits of enhanced quality
and effectiveness in our public schools justify permitting a student to
apply for admission to a school in any attendance zone or district beyond
the one in which he resides, provided that the transfer by this student
would not adversely affect the desegregation of either district or
attendance zone.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 68
Attendance in Another Attendance Zone or District
Section 59-68-10. This chapter may be cited as the `South Carolina
Public School Choice Act of 1991.'
Section 59-68-20. A public school choice program is established
to enable a pupil to attend a school in an attendance zone or in a district
in which the pupil does not reside, subject to the restrictions contained
in this chapter.
Section 59-68-30. Before a pupil may attend a school in a
nonresident attendance zone or district, the pupil's parent or guardian
must submit an application to the nonresident school or the district. This
application must be postmarked or received not later than February 1, of
the year in which the pupil would begin the fall semester at the
nonresident school or district.
Section 59-68-40. A school board, by resolution, may determine
that it will not allow a pupil to attend a school outside of the pupil's
attendance zone or that it will not admit nonresident pupils to its schools
pursuant to this chapter.
Section 59-68-50. The school board of a participating district shall
adopt, by resolution, specific standards for acceptance and rejection of
applications. Standards may include the capacity of a program, class,
grade level, or school building. Nothing in this chapter requires a school
district to add teachers or classrooms or in any way exceed the
requirements and standards established by existing law. Standards may
not include an applicant's previous academic achievement, athletic or
other extracurricular ability, handicapping conditions, English
proficiency level, or previous disciplinary proceedings.
Section 59-68-60. Within sixty days of the receipt of an application
from a pupil seeking admission under the terms of this chapter, a
participating district shall notify in writing the parent or guardian and
the resident district or the school to which the student is zoned whether
the pupil's application has been accepted or rejected. If an application
is rejected, the notification letter must state the reasons for rejection.
Section 59-68-70. If a pupil elects to attend a school outside of the
pupil's attendance zone or district, transportation is that pupil's
responsibility. However, nothing in this chapter prohibits a school from
providing transportation to a nonresident pupil if the school is able to do
so.
Section 59-68-80. A nonresident school or district shall accept
credits toward graduation that were awarded by another school or
district.
Section 59-68-90. Except as otherwise provided in Section
59-68-70, for purposes of the Education Finance Act (EFA), the
Educational Improvement Act (EIA), and other applicable provisions of
law, the nonresident student must be counted as a part of the average
daily enrollment of the school or district to which the student has
transferred. All add-on weightings generated by the student must also
be transferred to the school or district of attendance.
Section 59-68-100. The provisions of this chapter and all pupil
choice options created hereby are subject to the following limitations:
(1) No student may transfer to a nonresident attendance zone or
district where the percentage of enrollment for the student's race, plus or
minus five percent, exceeds that percentage in his resident zone or
district.
(2) In any instance where the provisions of item (1) would result
in a conflict with a desegregation court order, the terms of the order
govern.
Section 59-68-110. A student who transfers to a nonresident school
or district is not eligible for interscholastic athletic competition for one
year from the date of the beginning of the transfer.
Section 59-68-120. The State Board of Education may promulgate
regulations necessary to implement the provisions of this chapter and is
further authorized to resolve disputes arising under Sections 59-68-70
through 59-68-110 of this chapter.
Section 59-68-130. The provisions of this chapter are supplemental
to other provisions and requirements of law relating to school attendance
of pupils."
SECTION 3. This act takes effect January 1, 1992.
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