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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 68 TO TITLE 59 SO AS TO AUTHORIZE A PROGRAM OF SCHOOL CHOICE FOR STUDENTS IN FAILING SCHOOLS, STUDENTS NOT PERFORMING UP TO GRADE LEVEL, STUDENTS OF A CERTAIN INCOME LEVEL, AND ON A PHASE-IN BASIS FOR ALL STUDENTS IN GRADES K-12 UNDER SPECIFIED CONDITIONS AND REQUIREMENTS.
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 schools and their parents will become more informed about and more involved in the 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 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 students.
The General Assembly finds that these benefits of enhanced quality and effectiveness in our schools justify permitting a student to apply for admission to any school of his choice in the manner provided in this act.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-68-10. This chapter may be cited as the 'South Carolina School Choice Act of 2004'.
Section 59-68-20. A school choice program is established to enable a student to attend a school in his district or in a district in which the student does not reside, subject to the restrictions contained in this chapter.
Section 59-68-30. As used in this chapter:
(1) 'Parent' means the natural or adoptive parent or legal guardian of a dependent child.
(2) 'Participating school' means all public schools of this State and those private schools electing to participate.
(3) 'Private school' means a school that is not maintained with public funds, that charges tuition or fees for the services it provides, and that is in compliance with the laws of this State.
(4) 'Public school' means a school operated by publicly elected or appointed school officials in which the program and activities are under the control of these officials and which is supported by public funds.
(5) 'Resident school district' means a geographical area surrounding a public school from which students are assigned.
(6) 'School' means a school that is authorized to provide elementary or secondary education, or both, under state law.
Section 59-68-40. In order to achieve the purpose of this chapter, the State Board of Education shall develop and the State Department of Education shall carry out a program in which the parent of each school-age child may choose for that child to attend a participating school selected by the child's parent pursuant to this chapter.
Section 59-68-50. (A) Each public school in the State must be a participating school. The responsible officials for each private school shall decide whether that school shall become a participating school.
(B) Subject to the provisions of subsection (C), a participating school shall admit children who apply, up to the limit of the school's capacity, after reserving places for children admitted pursuant to the school's regular admissions practices.
(C)(1) A participating school shall establish criteria for the admission of children consistent with the admissions criteria it regularly applies.
(2) In the case of a participating public school, the district school board shall establish criteria for the equitable allocation of places for children if there are insufficient places to serve all children requesting places.
Section 59-68-60. (A) Students in the following categories are eligible to attend a different school pursuant to this chapter:
(1) students enrolled in a public school that has received a rating of 'unsatisfactory' in its absolute grade on its most recent report card pursuant to the Education Accountability Act;
(2) students who have repeated at least one grade level in one of the three most recent school years and who are not currently performing at grade level as determined under the student's Individual Education Plan (IEP);
(3) students whose family income is below three hundred percent of the federal poverty level as determined by applicable federal guidelines; and
(4) students of a grade which has been phased into the provisions of this chapter pursuant to subsection (B).
(B) Parents of all students in the following grades may begin selecting schools as permitted by this chapter according to the following schedule:
School Year Grades Permitted
2005-2006 K
2006-2007 K-1
2007-2008 K-2
2008-2009 K-3
2009-2010 K-4
2010-2011 K-5
2011-2012 K-6
2012-2013 K-7
2013-2014 K-8
2014-2015 K-9
2015-2016 K-10
2016-2017 K-11
2017-2018 K-12.
Section 59-68-70. (A) If a student attends a public school outside his resident district, his resident school district shall reimburse that district for the cost of his attendance which is defined as one hundred percent of the per pupil expenditure determined by the State Department of Education based upon the Education Finance Act weighting. If the student attends a private school, his resident school district shall reimburse the private school for the cost of his attendance at a public school which is defined as one hundred percent of the per pupil expenditure determined by the department based upon the EFA weighting, but reimbursement must not be made for more than the amount of the tuition and fees regularly charged by the participating private school providing the educational services.
(B) The maximum reimbursement under the provisions of this section is the weighted per pupil cost for that student determined under the Education Finance Act. Students whose family income is equal to or less than one hundred fifty percent of the federal poverty level as determined by applicable federal guidelines qualify for the full reimbursement each year. Students whose family income is greater than one hundred fifty percent of the federal poverty level but less than three hundred percent as determined by applicable federal guidelines shall qualify for a lesser reimbursement equal to the maximum reimbursement for that student times the percentage his family income is of the federal poverty level divided by three hundred percent.
(C) This section does not authorize reimbursements:
(1) to a private school in a year in an amount exceeding the cost of tuition and fees regularly charged by that private school;
(2) that exceed combined state and local funds.
Section 59-68-80. A student is eligible to attend another school pursuant to this chapter either in his own resident school district or in another district. However, before a student may attend a school in a nonresident district, the student's parent or guardian must submit an application to the nonresident district under guidelines set by the Department of Education.
Section 59-68-90. 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. This chapter does not require 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, psycho-education assessments, athletic or other extracurricular ability, handicapping conditions, English proficiency level, or previous disciplinary proceedings.
Section 59-68-100. Within sixty days of the receipt of an application from a nonresident student seeking admission pursuant to this chapter, a participating district shall notify the parent or guardian and the resident district in writing as to whether the student's application has been accepted or rejected. If an application is rejected, the nonresident district shall state in the notification letter the reasons for rejection.
Section 59-68-110. (A) Except as otherwise provided in this chapter, the responsibility for transportation for a nonresident student must be borne by the student, parent, or legal guardian; provided, that the State Department of Education is authorized to allocate from available funds fifty dollars per month per student as a transportation allowance to the school the student chooses to attend pursuant to this chapter. The nonresident district may provide transportation from the resident district's boundary or from a point agreeable with the parent or legal guardian within either the resident or nonresident district to a school in the nonresident district and count that student in the nonresident district's enrollment for transportation funding purposes.
(B) This section does not authorize a transportation allowance if the grant would exceed state and local funds.
Section 59-68-120. A nonresident district shall accept credits toward graduation that were awarded by another district.
Section 59-68-130. Except as otherwise provided in Section 59-68-70, for purposes of the Education Finance Act (EFA), the Education 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 district to which the student has transferred. All add-on weightings generated by the student also must be transferred to the district of attendance.
Section 59-68-140. The provisions of this chapter and school choice options created in this chapter may not conflict with a desegregation court order, and in case of a conflict, the terms of the order govern.
Section 59-68-150. A student who transfers to a nonresident district is not eligible for interscholastic athletic competition for one year from the date of the beginning of the transfer.
Section 59-68-160. The State Board of Education may promulgate regulations necessary to implement the provisions of this chapter and is further authorized to resolve disputes arising pursuant to Sections 59-68-70 through 59-68-110 of this chapter.
Section 59-68-170. The provisions of this chapter are supplemental to other provisions and requirements of law relating to school attendance of pupils.
Section 59-68-180. (A) Nothing in this chapter or in another provision of law prohibits a local school district board of trustees from using local funds to supplement funds provided to a school selected by a student pursuant to this chapter, including the costs of tuition, fees, and transportation.
(B) In addition, a local school district using local funds may contract with private individuals or providers to furnish supplemental education services for these students, including tutorial services.
Section 59-68-190. This chapter does not prohibit a state or local school board from:
(1) implementing another type of school choice program within its jurisdiction;
(2) providing for additional grants that include the cost of tutoring or special equipment up to the amount of state and local funds.
Section 59-68-200. This chapter does not give a governmental agency, including the State Department of Education, authority to regulate, control, supervise, or in any way be involved in the:
(1) form, manner, or content of religious instruction, ministry, teaching, or curriculum offered by a private school;
(2) ability of a private school to select and supervise qualified personnel and otherwise control the terms of employment, including the right to employ individuals who share the religious views of the school;
(3) internal self-governance and autonomy of the private school; or
(4) religious environment of the private school, such as symbols, art, icons, and scripture.
Section 59-68-210. If a section, paragraph, provision, or portion of this chapter is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this chapter, and the General Assembly for this purpose hereby declares that the provisions of this chapter are severable from each other."
SECTION 3. This act takes effect upon approval by the Governor and applies beginning with the 2004-2005 school year.
This web page was last updated on Thursday, June 25, 2009 at 9:50 A.M.