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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-490 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL DEVELOP AND IMPLEMENT POLICIES TO ENSURE THAT STUDENTS ARE NOT REQUIRED TO CONVEY OR DELIVER MATERIALS THAT ADVOCATE A PARTICULAR VIEWPOINT ON AN ELECTION, TO PROVIDE THAT EMPLOYEES MAY NOT USE PUBLIC PROPERTY TO ADVOCATE A PARTICULAR VIEWPOINT ON AN ELECTION, AND PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-490. (A) Each school district shall develop and implement policies to ensure that:
(1) students are not required to convey or deliver materials that communicate personal political views or advocate the:
(a) election or defeat of a candidate for public elective office;
(b) passage or defeat of a referendum question; or
(c) passage or defeat of a matter pending before a local government entity including the local school board; and
(2) employees do not use public property, real or personal, to communicate personal political views or advocate the:
(a) election or defeat of a candidate for public elective office;
(b) passage or defeat of a referendum question; or
(c) passage or defeat of a matter pending before a local government entity including the local school board.
(B) This section does not prevent:
(1) a school district from offering equal access to candidates or issuing advocates to present their views in compliance with existing law;
(2) the discussion or use of political or issue-oriented materials as part of classroom discussions or projects and does not prevent the delivery of informational materials; or
(3) students from advocating for a candidate in a student body or another student-related election."
SECTION 2. This act takes effect upon approval by the Governor.
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