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COMMITTEE REPORT
May 30, 2006
H. 3573
Introduced by Reps. Clark, Haley, Ballentine, Moody-Lawrence, Anthony, R. Brown, Clyburn, Frye, Hosey, Huggins, Mack, Mahaffey, J.H. Neal, J.M. Neal, Rice, D.C. Smith, J.R. Smith, Townsend, Vaughn, Walker, Vick, Duncan and Altman
S. Printed 5/30/06--S.
Read the first time March 1, 2006.
To whom was referred a Bill (H. 3573) to amend the Code of Laws of South Carolina, 1976, by adding Article 2 to Chapter 63 of Title 59 so as to enact the "Safe Schools Act" to, 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 adding appropriately numbered sections to read:
/ SECTION ___. A. This section may be cited as the "South Carolina Teacher Protection Act of 2005".
B. Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-900. (A) As used in this section:
(1) 'Teacher' means a:
(a) licensed teacher, principal, administrator, or other educational professional who works on school grounds;
(b) professional or non-professional employee who works on school grounds and has responsibility for maintaining order, discipline, or ensuring safety; or
(c) school employee who, in an emergency, is called upon to maintain order, discipline, or to ensure safety.
(2) 'School' means a public or private kindergarten, a public or private elementary school, a public or private middle school or junior high, a public or private high school, a secondary school, an adult education school, a home school that includes students not related by blood to the operator, a public or private college or university, and any vocational, technical, or occupational school.
(3) 'Student' means a person:
(a) enrolled in a school, whether the person is suspended or not suspended; or
(b) expelled from a school within one year of enrollment.
(B) A teacher may bring a civil action against a student who commits a criminal offense against the teacher if the offense occurs on school grounds or at a school-related event, or if the offense is directly related to the teacher's professional responsibilities. Nothing in this subsection is intended to limit the civil remedies available to another party as a result of the same criminal act.
(C) In addition to the protections granted under the South Carolina Tort Claims Act, no teacher has civil liability to a student or to a party acting in the interest of a student for an act or omission by the teacher that occurs while the teacher is acting on behalf of the school if the:
(1) teacher was acting within the scope of the teacher's employment;
(2) actions of the teacher violated no state, local, or federal law including regulations set forth by the individual district or school;
(3) acts or omissions were not the result of wilful or intentional conduct or gross negligence;
(4) acts or omissions were not the result of the teacher operating a motor vehicle or watercraft; and
(5) actions of the teacher do not constitute a violation of the student's civil rights.
(D) This section does not affect the provisions of the South Carolina Tort Claims Act."
C. Section 16-3-612 of the 1976 Code is amended to read:
"Section 16-3-612. (A) For purposes of this section:
(1) 'Student' means a person currently:
(a) enrolled in any a school, whether the person is suspended or not suspended; or
(b) expelled from a school within one year of enrollment.
(2) 'School' includes, but is not limited to, means a public or private kindergarten, a public or private elementary school that contains any grades of kindergarten through twelfth grade, a public or private middle school or junior high, a public or private high school, a secondary school, an adult education school, a home school that includes students not related by blood to the operator, a public or private colleges, universities college or university, and any vocational, technical, or occupational school.
(3) 'Person affiliated with a school in an official capacity' includes, but is not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons.
(B) A student who commits an assault and battery, other than one that is aggravated, on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons is guilty of assault and battery against school personnel which is a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, or imprisoned not more than one year, or both. A student who commits simple assault and battery against a person affiliated with a school in an official capacity when the offense occurs on school grounds or at a school- related event, or when the offense is directly related to the school official's professional responsibilities, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(C) A student who commits assault and battery, other than one that is aggravated, against a person affiliated with a school in an official capacity when the offense occurs on school grounds or at a school related event, or when the offense is directly related to the school official's professional responsibilities, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(D) A student who commits assault and battery of a high and aggravated nature against a person affiliated with a school in an official capacity when the offense occurs on school grounds or at a school related event, or when the offense is directly related to the school official's professional responsibilities, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than ten years, or both. A person is guilty of assault and battery of a high and aggravated nature pursuant to the provisions of this subsection if the person intentionally commits an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim.
(E) Sentencing pursuant to this section must comply with the requirements of Article 15, Chapter 3, Title 16.
(F) A person affiliated with a school in an official capacity who is:
(1) the victim of a violation of this section for which a student was convicted, adjudicated delinquent, or pled guilty or nolo contendere; and
(2) injured as a result of the violation of this section to the extent that his injury prevents him from returning to his former position within the school district, must be allowed to continue to participate in all retirement, insurance, and deferred compensation programs he was enrolled in at the time of the injury. The district shall continue to make the employer contributions on behalf of the injured school official.
(G) If a school official reports an incident pursuant to this section to any school principal, vice principal, assistant principal, or other school administrator, the school administrator shall report the incident to law enforcement for investigation."
SECTION ___. Section 16-3-1535 of the 1976 Code is amended by adding:
"(G) At each proceeding, the summary court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding."
SECTION ___. Section 16-3-1545 of the 1976 Code is amended by adding:
"(N) At each proceeding, the family court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding."
SECTION ___. Section 16-3-1550 of the 1976 Code is amended by adding:
"(H) At each proceeding, the circuit court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding." /
Renumber sections to conform.
Amend title to conform.
JOHN E. COURSON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOLS ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING, TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN THINGS, TO DEVELOP A TRAINING PROCESS, AND TO DEFINE CERTAIN TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly finds that:
(1) A safe and civil environment in school is necessary for students to learn and achieve high academic standards.
(2) Harassment, intimidation, and bullying, like other disruptive or violent behaviors, are conducts that disrupt both a student's ability to learn and a school's ability to educate its students in a safe environment.
(3) Since students learn by example, school administrators, faculty, staff, and volunteers should be commended for demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation, or bullying.
(B) The purpose of this act is to protect the health and welfare of, and improve the learning environment for South Carolina school children.
SECTION 2. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-110. This article may be cited as the 'Safe School Climate Act'.
Section 59-63-120. As used in this article:
(1) 'Harassment, intimidation, or bullying' means a gesture, an electronic communication, or a written, verbal, physical, or sexual act that is reasonably perceived to have the effect of:
(a) harming a student physically or emotionally or damaging a student's property, or placing a student in reasonable fear of personal harm or property damage; or
(b) insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school.
(2) 'School' means in a classroom, on school premises, on a school bus or other school-related vehicle, at an official school bus stop, at a school-sponsored activity or event whether or not it is held on school premises, or at another program or function where the school is responsible for the child.
Section 59-63-130. (A) A person may not engage in:
(1) harassment, intimidation, or bullying; or
(2) reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying.
(B) A school employee, student, or volunteer who witnesses, or has reliable information that a student has been subject to harassment, intimidation, or bullying shall report the incident to the appropriate school official.
Section 59-63-140. (A) Before January 1, 2007, each local school district shall adopt a policy prohibiting harassment, intimidation, or bullying at school. The school district shall involve parents and guardians, school employees, volunteers, students, administrators, and community representatives in the process of creating the policy.
(B) The policy must include, but not be limited to, the following components:
(1) a statement prohibiting harassment, intimidation, or bullying of a student;
(2) a definition of harassment, intimidation, or bullying no less inclusive than the definition in Section 59-63-120;
(3) a description of appropriate student behavior;
(4) consequences and appropriate remedial actions for persons committing acts of harassment, intimidation, or bullying, and for persons engaging in reprisal or retaliation;
(5) procedures for reporting acts of harassment, intimidation, or bullying, to include a provision for reporting anonymously. However, formal disciplinary action must not be taken solely on the basis of an anonymous report. The procedures must identify the appropriate school personnel responsible for taking the report and investigating the complaint;
(6) procedures for prompt investigation of reports of serious violations and complaints;
(7) a statement that prohibits reprisal or retaliation against a person who reports an act of harassment, intimidation, or bullying;
(8) consequences and appropriate remedial action for persons found to have falsely accused another;
(9) a process for discussing the district's harassment, intimidation, or bullying policy with students; and
(10) a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions.
(C) To assist local school districts in developing policies for the prevention of harassment, intimidation, or bullying, the State Board of Education shall develop model policies applicable to grades kindergarten through twelve. Additionally, the State Board of Education shall develop teacher preparation program standards on the identification and prevention of bullying. The model policies and standards must be developed no later than September 1, 2006.
(D) The local school board shall ensure that the school district's policy developed pursuant to this article is included in the school district's publication of the comprehensive rules, procedures, and standards of conduct for schools and in the student's handbook.
(E) Information regarding a local school district policy against harassment, intimidation, or bullying must be incorporated into a school's employee training program. Training also should be provided to school volunteers who have significant contact with students.
(F) Schools and school districts are encouraged to establish bullying prevention programs and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement, and community members.
Section 59-63-150. (A) This article must not be interpreted to prevent a victim from seeking redress pursuant to another available civil or criminal law. This section does not create or alter tort liability.
(B) A school employee or volunteer who promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the local school district's policy, and who makes this report in compliance with the procedures in the district's policy, is immune from a cause of action for damages arising from failure to remedy the reported incident."
SECTION 3. This act takes effect upon approval by the Governor.
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