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COMMITTEE REPORT
March 29, 2000
H. 4526
Introduced by Reps. Campsen, Quinn, Taylor, McGee, Altman, Barrett, Easterday, Hamilton, Harrell, Haskins, Leach, Meacham-Richardson, Rice, Robinson, Sandifer, Simrill, F. Smith, Tripp, Trotter, Wilkins and Woodrum
S. Printed 3/29/00--H. [SEC 3/30/00 6:18 PM]
Read the first time February 1, 2000.
To whom was referred a Bill (H. 4526), to enact the "South Carolina Religion in Public Schools Act of 2000" including provisions to add Section 1-7-35 so as to provide that the Attorney General shall designate one member of his professional staff, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act is known and may be cited as the "Religion and Public Schools Act of 2000".
SECTION 2. The South Carolina General Assembly finds that the free exercise of religion is integral to the intellectual, moral, civic, and ethical development of students in South Carolina. It further finds that this exercise of religion should find expression only in legally sound ways that do not violate the state and federal constitutional prohibitions against the establishment of religion.
Therefore, the South Carolina General Assembly has determined to enact the "Religion and Public Schools Act", which calls for the training of educators in how to recognize constitutional distinctions between individual free exercise of religion which the First Amendment protects and state establishment of religion which the First Amendment prohibits.
The purpose of the act is to promote a constitutionally sound understanding and a faithful compliance with the free exercise and establishment clauses of the federal and state constitutions as they apply to public school operations.
SECTION 3. The 1976 Code is amended by adding:
"Section 59-17-135. (A) Effective July 1, 2001, each school district during annual in-service training shall provide a program of instruction for teachers and administrators in the essentials of constitutional protections and prohibitions as they relate to religion and public school operations. Subjects shall include, but not be limited to:
(1) student prayers;
(2) graduation prayers and baccalaureates;
(3) participation in or encouragement of religious activity by school officials;
(4) religion in school curriculum;
(5) religious content in student assignments;
(6) distribution and use of religious literature;
(7) student participation in religious events before and after school;
(8) religious persuasion versus religious harassment;
(9) religious holidays;
(10) permitted absences from objectionable lessons in religion;
(11) released time for religious instruction;
(12) teaching values;
(13) religious attire;
(14) Federal Equal Access Act;
(15) Federal Religious Freedom Restoration Act;
(16) South Carolina Religious Freedom Act;
(17) other statutory and constitutional provisions regarding the establishment of religion and free exercise thereof, as they relate to a public school context;
(18) instruction on how to access legal advice concerning the establishment of religion and free exercise thereof in a public school context; and
(19) instruction on how to access the State Department of Education's guidelines on religion and the public schools on the department's website.
(B) Once a teacher or administrator has completed the program of instruction contained in this section, it is not necessary that they participate in the same program of instruction on an annual basis. However, such teachers and administrators who have completed the program of instruction shall annually participate in instruction regarding updates and new developments in the subject matter contained in this section."
SECTION 4. The 1976 Code is amended by adding:
"Section 59-17-140. By July 1, 2001, each school district in the State shall adopt a Religion and Public Schools Policy. The policy shall provide for the free exercise of religion in district schools to the maximum extent permissible without conflicting with applicable federal and state constitutional and statutory provisions regarding the exercise and establishment of religion in public schools. The policy shall specifically address the subjects contained in Section 59-17-135. Each district's policy shall be updated as necessary. Before adoption of the policy or any update of it, each school district shall submit the policy to an attorney experienced in matters of constitutional and public school law for review and comment. The attorney shall recommend appropriate changes for correcting any misapplication or misperception of applicable law regarding religion and the public schools. The adoption of the final policy or update shall be in the discretion of the school district board of trustees."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON, for Committee.
EXPLANATION OF IMPACT:
Department of Education
Enactment of this bill would have no impact on the General Fund of the State, nor on federal and/or other funds. There would be a minimal impact to the local school districts associated with developing and updating their respective Religion in Public Schools Policies.
Office of the Attorney General
The Attorney General's Office estimates the need for 2 FTEs to carry out the requirements of this bill. The costs include $77,500 for the two FTE's, one Attorney II and one Administrative Assistant I, and $40,000 for operating expenses. Non-recurring funds of $12,300 would be needed for one-time office set-up, equipment and supplies. Therefore, first year costs can be estimated at $129,800, while annual costs thereafter would be $117,500.
Approved By:
Don Addy
Office of State Budget
TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "South Carolina Religion in Public Schools Act of 2000".
SECTION 2. The South Carolina General Assembly finds that the free exercise of religion is important to the intellectual, moral, civic, and ethical development of students in South Carolina. It further finds it is important that this exercise of religion be conducted in a constitutionally appropriate fashion, so as not to violate the state and federal constitutional prohibitions against the establishment of religion.
Therefore, the South Carolina General Assembly does hereby enact the "South Carolina Religion in Public Schools Act". This act calls for the training of educators and the distribution of materials explaining the constitutional balance between the First Amendment's free exercise of religion guarantee and its prohibition against the establishment of religion.
The purpose of the act is to inculcate an understanding of the constitutional balance between the free exercise and establishment clauses of the federal and state constitutions as they apply to public schools.
SECTION 3. The 1976 Code is amended by adding:
"Section 1-7-35. Effective July 1, 2000, the Attorney General shall designate one of his professional staff as the South Carolina Religion in Public Schools Officer. This officer also shall have other responsibilities other than those arising out of the provisions of this section as assigned by the Attorney General. Under the guidance and authority of the Attorney General, the Religion in Public Schools Officer shall:
(1) develop and update annually or more often, brief guidelines entitled the South Carolina Religion in Public Schools Guidelines. These guidelines shall address what type of religious practices are and are not permissible in the public school setting according to relevant state and federal constitutional and statutory provisions. The guidelines shall specifically address the subjects contained in Section 59-17-135 and be written in such fashion that individuals with no legal training can generally understand the subjects addressed. The guidelines shall be posted on the Attorney General's Web site and made available at each public library in the State with Internet access;
(2) develop a training course and course material that would meet the requirements of the training provided in Section 59-17-135 and distribute the course and course material to each of the school districts in the State;
(3) be an informational and educational resource for parents, students, administrators, teachers, and school boards regarding the exercise and establishment of religion in the public school context;
(4) assist school districts as the districts desire in the development of their Religion in Public School Policy as required by law."
SECTION 4. The 1976 Code is amended by adding:
"Section 59-17-135. Effective July 1, 2001, each school district during annual in-service training shall conduct training for teachers and administrators regarding constitutionally permitted and statutorily authorized exercise of religion in the public schools. Subjects shall include, but not be limited to:
(1) student prayers;
(2) graduation prayers and baccalaureates;
(3) participation in or encouragement of religious activity by school officials;
(4) religion in school curriculum;
(5) religious content in student assignments;
(6) distribution and use of religious literature;
(7) student participation in religious events before and after school;
(8) religious persuasion versus religious harassment;
(9) religious holidays;
(10) permitted absences from religiously objectionable lessons;
(11) released time for religious instruction;
(12) teaching values;
(13) religious attire;
(14) Federal Equal Access Act;
(15) Federal Religious Freedom Restoration Act;
(16) South Carolina Religious Freedom Act; and
(17) other statutory and constitutional provisions regarding the establishment of religion and free exercise thereof, as they relate to a public school context."
SECTION 5. The 1976 Code is amended by adding:
"Section 59-17-140. By July 1, 2001, each school district in the State shall adopt a Religion in Public Schools Policy. The policy shall provide for the free exercise of religion in district schools to the maximum extent permissible without conflicting with applicable federal and state constitutional and statutory provisions regarding the exercise and establishment of religion in public schools. The policy shall specifically address the subjects contained in Section 59-17-135. Each district's policy shall be updated at least annually. Before adoption of the policy or any update of it, each school district shall submit the policy to the Attorney General's Religion in Public Schools Officer for review and comment. The Religion in Public Schools Officer shall recommend appropriate changes arising from any misapplication or misperception of applicable law regarding religion in public schools. The adoption of the final policy or update shall be in the discretion of the school district. Once adopted, each school district shall supply a copy of the policy or update to the Religion in Public Schools Officer."
SECTION 6. This act takes effect upon approval by the Governor.
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