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H. 3816
STATUS INFORMATION
General Bill
Sponsors: Reps. W.D. Smith and Clark
Document Path: l:\council\bills\pt\2478sj05.doc
Introduced in the House on March 30, 2005
Currently residing in the House Committee on Education and Public Works
Summary: Parental Responsibilities Act of 2005
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/30/2005 House Introduced and read first time HJ-31 3/30/2005 House Referred to Committee on Education and Public Works HJ-33 4/20/2005 House Member(s) request name added as sponsor: Clark
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA PARENTAL INVOLVEMENT AND RESPONSIBILITIES ACT OF 2005"; BY ADDING SECTION 59-63-205 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL ADOPT A STUDENT DISCIPLINE POLICY AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-230 SO AS TO PROVIDE THAT IF A PARENT FAILS TO ATTEND A SCHOOL'S THIRD REQUEST FOR A CONFERENCE TO DISCUSS THE CHILD'S ACADEMIC PROGRESS OR VIOLATION OF SCHOOL RULES, THE DISTRICT SUPERINTENDENT, UPON CERTAIN CONDITIONS, MAY FILE WITH THE MAGISTRATE A COMPLAINT AND MOTION TO COMPEL THE PRESENCE OF THE PARENT, TO PROVIDE PENALTIES, AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-240 SO AS TO PROVIDE THAT AN EMPLOYER IS ENCOURAGED TO GRANT AN EMPLOYEE LEAVE FROM WORK TO ATTEND, OBSERVE, OR PARTICIPATE IN SCHOOL CONFERENCES RELATED TO THE EMPLOYEE'S CHILDREN PURSUANT TO CERTAIN CIRCUMSTANCES; BY ADDING SECTION 59-28-250 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR APPROPRIATE SCHOOL PERSONNEL WHO WORK WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION SHALL ADOPT PROGRAM APPROVAL STANDARDS SO THAT STUDENTS PURSUING A COLLEGE OR UNIVERSITY PROGRAM IN INSTRUCTIONAL OR ADMINISTRATIVE PERSONNEL SHALL COMPLETE TRAINING IN WORKING WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; BY ADDING ARTICLE 6, CHAPTER 65, TITLE 59 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH PROCEDURES TO ALLOW A STUDENT TO ENROLL IN ALTERNATIVE OR ADULT EDUCATION PROGRAMS TO PREVENT FURTHER TRUANCY, TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES AND EACH SCHOOL SHALL ADOPT AN ATTENDANCE POLICY, TO PROVIDE THAT A SCHOOL DISTRICT SHALL IMPLEMENT IN EACH SCHOOL AN ATTENDANCE PLAN MODELED AFTER ITS POLICY, AND TO PROVIDE FOR THE DEVELOPMENT OF PARENT RESPONSIBILITY PROGRAMS TO ADDRESS NONATTENDANCE PROBLEMS; TO AMEND SECTION 59-65-20, RELATING TO PENALTIES FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO INCREASE THE FINE FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 59-65-50, RELATING TO NONATTENDANCE REPORTED TO THE COURT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SHALL NOTIFY STUDENTS AND PARENTS OR GUARDIANS OF STATE ATTENDANCE LAWS AND PENALTIES, TO PROVIDE FOR TRANSFER OF DOCUMENTS AND PLANS IF THE STUDENT TRANSFERS, AND TO PROVIDE FOR REFERRAL OF THE CASE TO THE SOLICITOR, UPON CERTAIN CONDITIONS, WHEN THE CHILD HAS TEN OR MORE UNLAWFUL ABSENCES; TO AMEND SECTION 59-65-60, RELATING TO THE COURT'S PROCEDURE UPON RECEIPT OF THE REPORT OF NONATTENDANCE, SO AS TO PROVIDE THAT FURTHER ACCUMULATION AFTER TEN UNLAWFUL ABSENCES MUST BE TOLLED UNTIL THE FAMILY COURT HEARING; TO PROVIDE THE TIMELINE AND PROCEDURE FOR REPORTING THE ABSENCES TO THE SOLICITOR, FILING THE COMPLAINT, SERVING THE COMPLAINT, AND HOLDING THE HEARING; TO PROVIDE FOR AN ATTENDANCE ORDER AND A REVISION OF THE INTERVENTION PLAN; TO PROVIDE THAT A PARENT OR GUARDIAN WHO FAILS TO COMPLY WITH THE ATTENDANCE ORDER IS GUILTY OF CONTEMPT WITH CERTAIN EXCEPTIONS AND TO PROVIDE PENALTIES; TO PROVIDE WHEN THE COURT MAY DECLARE A CHILD A TRUANT, ADJUDICATE A CHILD AS A STATUS OFFENDER, AND SUBJECT A CHILD TO APPROPRIATE PROVISIONS OF LAW; AND TO PROVIDE FOR OPTIONS WHEN A CHILD IS FOUND TO BE A CHRONIC TRUANT; BY ADDING SECTION 14-1-245 SO AS TO PROVIDE THAT THE CHIEF JUDGE FOR ADMINISTRATIVE PURPOSES IN EACH CIRCUIT SHALL SCHEDULE SUFFICIENT TIME FOR A JUDGE IN A FAMILY COURT TO HEAR TRUANCY CASES; TO AMEND SECTION 56-1-176, AS AMENDED, RELATING TO CONDITIONS FOR ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A STUDENT FAILS TO MEET THE EXPULSION REQUIREMENTS, THE SCHOOL DISTRICT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES, WHO MAY SUSPEND THE STUDENT'S DRIVER'S LICENSE; AND TO REPEAL SECTION 59-65-70 RELATING TO WHEN A COURT MAY DECLARE A CHILD DELINQUENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Parental Involvement and Responsibilities Act of 2005".
SECTION 2. (A) The General Assembly finds that parents bear the primary responsibility for their children's education, and play a central role in determining their future achievement.
(B) The General Assembly further finds that school nonattendance places students at risk of academic failure, and failure in other arenas of life.
(C) It is the purpose of this act to set forth the responsibilities of parents to work in concert with students, schools, and other agencies to assure students' early and ongoing school success and regular school attendance.
SECTION 3. Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-205. (A) To guarantee each student's opportunity to enjoy the benefits of public education, each school district shall ensure that appropriate classroom and campus behavior is enforced and the rights of teachers and fellow students are respected.
(B) Each school district shall adopt a student discipline policy that outlines expectations for student conduct and consequences for inappropriate behavior and other infractions.
(C) For the purposes of this section, 'inappropriate behavior' is defined as those activities engaged in by students that tend to impede orderly school procedures or activities or orderly operation of the school to include bus transportation and school-sponsored activities."
SECTION 4. Chapter 28, Title 59, of the 1976 Code is amended by adding:
"Section 59-28-230. (A) As used in this section:
(1) 'parent' means natural parent, adoptive parent, a person legally charged with the care or custody of a student enrolled in grades kindergarten through twelve, or a person who has assumed responsibility for the care of a student enrolled in grades kindergarten through twelve; and
(2) 'conference' means a face-to-face meeting, conference call, or telephone conversation.
(B) To ensure regular communication between the parent and the school and the child's teacher, a parent shall make every effort to provide the school and his child's teachers with up-to-date emergency contact telephone numbers.
(C) If a parent fails to attend, participate, or respond to a public school's third request for a conference to discuss matters involving the child's academic progress or matters involving alleged violation of school rules or regulations by the child, the district superintendent or the superintendent's designee may file with the magistrate a complaint and motion to compel the presence of the parent at a face-to-face conference with the school. The hearing on the complaint and motion to compel must be heard within fifteen days of the filing of the complaint upon the parent. South Carolina Court Administration is to prepare uniform forms and procedural guidelines for these actions.
(D) At the time of filing a complaint and motion to compel attendance of a parent, the superintendent or his designee shall provide evidence that the school has:
(1) made a reasonable attempt to schedule the conference at a time that does not conflict with the employment hours of the parent; and
(2) sent written notice of the conference by regular United States mail to the address of record of the parent. The notice must include the reason for the conference and a statement that failure to schedule or attend the conference may result in the issuance of a motion to compel attendance of a parent.
(E) After a hearing on the motion where the superintendent or his designee has sent the required notice, the magistrate, in his discretion, may issue an order to compel the presence of the parent at a face-to-face conference with the school.
(F) If a parent fails to obey an order to attend a face-to-face school conference, properly served pursuant to this section, the superintendent or his designee shall file a motion for an order holding the parent in contempt of court for failing to attend the school conference. The magistrate shall have jurisdiction over this matter. If the magistrate finds the parent in contempt of court, he may sentence the parent to any one or a combination of the following:
(1) attend a parent responsibility program offered by the district;
(2) shadow his child;
(3) pay a fine up to five hundred dollars;
(4) be imprisoned for not more than thirty days for each violation."
SECTION 5. Chapter 28, Title 59 of the 1976 Code is amended by adding:
"Section 59-28-240. (A) An employer is encouraged to grant an employee leave from work to attend, observe, or participate in school conferences related to the employee's dependent children or related to children for whom the employee is the legal guardian if requested by and conducted by the child's school and if the conferences reasonably cannot be scheduled during the nonworking hours of the employee. An employee who wishes to request leave pursuant to this section shall provide reasonable notice to the employer before the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer. Upon returning to work following the conference, the employee shall furnish to the employer a properly signed statement from the school principal or other appropriate school official verifying the date and time the conference took place. The statement also must verify that the school requested the employee to attend the conference.
(B) An employer is not required to pay an employee for time taken as leave pursuant to subsection (A). However, an employee may elect, or the employer may require the employee, to substitute accrued vacation time or other appropriate paid leave, other than sick leave, for leave taken pursuant to this section."
SECTION 6. Chapter 28, Title 59 of the 1976 Code is amended by adding:
"Section 59-28-250. The State Department of Education, in cooperating with the appropriate technical assistance entities that have expertise in the areas of at-risk youth and parent involvement, shall develop or select in-service training programs for appropriate school personnel in working with students at risk of school failure 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 levels of social conduct and responsibility."
SECTION 7. Section 59-26-20 of the 1976 Code, as last amended by Act 307 of 2004, is further amended by adding an appropriately numbered item at the end to read:
"( ) adopt program approval standards so that, beginning with school year 2005-06, 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 students at risk of school failure 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 levels of social conduct and responsibility."
SECTION 8. Chapter 65, Title 59 of the 1976 Code is amended by adding:
Section 59-65-610. The State Board of Education shall establish policies and procedures for allowing schools and school districts to enroll students in alternative education programs when these programs are sought as a part of a student program for preventing further truancy.
Section 59-65-620. Each school district board of trustees shall adopt an attendance policy in accordance with State Board of Education regulations addressing student attendance.
Section 59-65-630. A school district shall implement in each school an attendance plan modeled after its policy. In implementing its attendance plan, a school shall consider, but not be limited to:
(1) training for parents about effective parent roles to support student attendance;
(2) providing parents or guardians with study guides on their child's courses;
(3) developing parent support groups; and
(4) using in-school mentors.
Section 59-65-640. The State Department of Education, in cooperation with the Department of Social Services, and the Department of Juvenile Justice shall develop or select parent responsibility programs to address specific problems underlying student nonattendance. These programs should address specific problems underlying student nonattendance for various age and income groups and should be based on criteria that include the potential to resolve those identified problems. The departments may approve parental responsibility programs offered by both public and private groups, including community-based programs, and shall furnish to the family court in each circuit a directory of approved programs, including a description of their curricula and the target populations they serve."
SECTION 9. Section 59-65-20 of the 1976 Code is amended to read:
"Section 59-65-20. Any If a parent or guardian who neglects to enroll his child or ward or refuses to make such child or ward attend in school within ten days of the beginning of the school year, the school district shall report the nonenrollment to the appropriate solicitor in writing. The solicitor immediately shall petition the family court for an order directing the parent or guardian to appear before the court for a hearing. At the hearing the court may order the parent or guardian to enroll his child in school. A parent or guardian who fails to comply with an order to enroll his child in school is guilty of contempt and shall, upon conviction, must be fined not more than fifty five hundred dollars or be imprisoned not more than thirty days;. Each day's absence shall constitute constitutes a separate offense; provided,. The court, may in its discretion, may suspend the sentence of anyone convicted of the provisions of this article section."
SECTION 10. 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 enrolled students and parents or guardians of students of the state attendance laws and their penalties and consequences at the beginning of each school year. Copies of the school attendance laws and district policies and procedures regarding nonattendance must be filed in each school and copies made available upon request.
(B) If a student who is under an intervention plan for nonattendance transfers to another district in the State during the time activities designed to remedy the nonattendance problem are in place, the administration of the school from which the student transferred shall include plans and documentation associated with improving attendance with the official records that are sent to the receiving school district.
(C) After a student has had a total of ten or more unlawful absences, the school district shall refer the case to the solicitor. The report must include a copy of the intervention plan and must indicate the action taken by the district to work with the child and with the parent or guardian and other appropriate entities to secure the child's attendance. A child must not be referred to the family court to be placed on an order to attend school before the written intervention plan is completed with the parent or guardian by the school. A consent order must not be used as an intervention plan from a local school or school district. If the parent or guardian refuses to cooperate with the intervention plan to remedy the attendance problem, the school district shall file a report against the parent or guardian with the Department of Social Services in compliance with Section 20-7-490(2)(c).
(D) Before referral to family court, appropriate school personnel shall review pertinent school records, meet with the child, and take other necessary steps to determine whether program changes would assist in resolving the nonattendance problem."
SECTION 11. Section 59-65-60 of the 1976 Code is amended to read:
"Section 59-65-60. (a) Upon receipt of such report, the court may forthwith order the appearance before such court of the responsible parent or guardian and if it deems necessary, the minor involved, for such action as the court may deem necessary to carry out the provisions of this article.
(b) The court may, after hearing upon ten days notice, order such parent or guardian to require such child to attend school and upon failure of such parent to comply with such order may punish such parent or guardian as by contempt, provided, that punishment for such contempt cannot exceed fifty dollars or thirty days imprisonment for each offense.
The procedure herein provided shall be alternative to the penalties provided in Section 59-65-20.
(A) Upon the tenth unlawful absence, the further accumulation of unlawful absences for the purposes of school attendance must be tolled until the date of the family court hearing. Within five working days following the tenth unlawful absence, the school district shall report the nonattendance to the solicitor. The following mandatory timelines apply when the number of unlawful absences reaches ten:
(1) Within seventy-two hours following receipt of the report, the solicitor shall file the complaint. If this deadline falls on a weekend or holiday, the solicitor may wait until 5:00 p.m. the following work day to file the complaint.
(2) After the filing of the complaint for nonattendance, the local authorities shall serve the complaint upon the parent or guardian and the child.
(3) The family court shall hold a hearing upon the merits of the complaint within ten days following filing. If the tenth day falls on a weekend or holiday, the hearing must be held the next work day.
(B) At the hearing the district shall make available a copy of the intervention plan and, to the extent that it is not included in the plan, information on the child's academic performance including, but not limited to:
(1) the total number of absences;
(2) test scores;
(3) results of psychological evaluations, if available; and
(4) number and type of disciplinary actions taken.
(C)(1) 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 unlawful absences from school for the remainder of the current school year or for a longer period as appropriate. In a case where the intervention plan fails to address the child's academic performance, the court may order the district to revise its plan to reflect a review of that performance and to prescribe appropriate action. These revisions must be made within a reasonable period following the child's return to school.
(2) A parent or guardian who fails to comply with the order is guilty of contempt and must be fined not more than five hundred dollars or imprisoned for not more than thirty days for each offense. Except that the family court, upon finding that the parent or guardian has made a bona fide and diligent effort to keep the child in school, shall excuse the parent or guardian from penalties prescribed in this section and may refer the parent and child for services needed to correct the situation that led to the child's nonattendance. These services may include, but are not limited to:
(a) substance abuse treatment;
(b) literacy or basic skills training;
(c) parent skills training; and
(d) family therapy.
(D) If the court finds that the parent or guardian has not made a bona fide and diligent effort to comply with the order issued at the attendance hearing, the family court, in addition to imposing the other penalties 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 Juvenile Justice. In referring a parent or guardian to a program, the court shall make every effort to make a suitable match based on:
(1) the age of the child;
(2) proximity of the program to the parent or guardian's place of residence or employment;
(3) the parent or guardian's specific training needs; and
(4) other factors the court may consider appropriate.
(E)(1) The court may suspend or reduce a fine or term of imprisonment imposed upon successful completion of the parental responsibility program, completion of community service, or completion of other services or treatment the court considers necessary. The willful failure to complete the program or service in a timely manner is punishable as contempt.
(2) In sentencing the parent or guardian the court may give preference to that penalty or combination of penalties that shows the most promise of achieving long-term improvement in the child's school attendance and achievement.
(F)(1) 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, the court shall make a finding as to whether a child's nonattendance in school has occurred in spite of the parent or guardian's bona fide attempt to keep the child in school. The court further shall make a finding as to whether the school district has taken appropriate action to remedy the nonattendance.
(2) If the court's findings are affirmative in both cases, the court may declare the child to be a chronic truant as defined in regulations promulgated by the State Board of Education. The court may adjudicate the child as a status offender, and subject the child to the appropriate provisions of law in these cases.
(G) If the child is found to be a chronic truant, the family court shall enter an order making one or more of the following dispositions:
(1) temporarily commit the child to the Department of Juvenile Justice at which time an investigation of the circumstances surrounding the child's absence from school and to recommend services appropriate to rectify the situation;
(2) refer the child for community-based evaluation;
(3) electronically monitor the child;
(4) order the child to remain at home except during hours in which the child is attending religious worship or a school program, with the stipulation that the child may leave his home if accompanied by a parent or guardian;
(5) place the child on probation; or
(6) direct other reasonable action in the best interest of the child, including community service but excluding detention."
SECTION 12. Chapter 1, Title 14 of the 1976 Code is amended by adding:
"Section 14-1-245. (A) The chief judge for administrative purposes (chief judge) in each of the circuits shall schedule sufficient time for a judge sitting in the family court of that circuit to hear and dispose of truancy and other status offense cases filed by the circuit solicitor's office.
(B) The chief judge may set these terms at his own discretion and for a length of time that is adequate to address the volume of cases in each circuit.
(C) The chief judge shall set these terms to comply with the time requirements contained in Section 59-65-60 so that the cases are heard by the court within ten days of filing of the complaint.
(D) If a judge sitting in the family court of that county is not available during the prescribed time frames outlined in Section 59-65-60, the solicitor has the authority to extend the timeframe stipulated in that section to the next term of court."
SECTION 13. Section 56-1-176 of the 1976 Code, as last amended by Act 181 of 2002, is further amended by adding subsections (C) and (D) at the end to read:
"(C) If a student fails to meet the expulsion requirements of subsection (A)(2)(b), the school district shall notify the Department of Motor Vehicles of the student's expulsion within ten days. The school district's notification must include the date the student may reenroll in school. The Department of Motor Vehicles shall suspend the driver's license of the expelled student for the length of the expulsion. Documentation of reenrollment must be presented by the student to the Department of Motor Vehicles for the driver's license to be reinstated.
(D) The restrictions of subsection (C) may be modified or waived by the Department of Motor Vehicles if the student proves to the department's satisfaction that the suspension substantially interferes with the student's employment or the opportunity for employment or the student's travel between the home and place of employment."
SECTION 14. Section 59-65-70 of the 1976 Code is repealed.
SECTION 15. The provisions of this act do not alter, amend, or repeal the provisions of Section 59-65-30, relating to the exceptions to compulsory attendance laws, or Sections 59-65-40, 59-65-45, 59-65-46, and 59-65-47, relating to home schooling programs.
SECTION 16. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 17. This act takes effect upon approval by the Governor.
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