South Carolina General Assembly
117th Session, 2007-2008

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Bill 4836


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-135 SO AS TO PERMIT CHARTER SCHOOL STUDENTS TO PARTICIPATE IN COMPETITIVE INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES PURSUANT TO CERTAIN CONDITIONS; AND BY ADDING SECTION 59-63-105 SO AS TO PERMIT GOVERNOR'S SCHOOL STUDENTS TO PARTICIPATE IN COMPETITIVE INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES PURSUANT TO CERTAIN CONDITIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 40, Title 59 of the 1976 Code is amended by adding:

"Section 59-40-135.    (A)    As used in this section:

(1)    'Charter school students' are those children taught in a charter school established pursuant to Chapter 40 of Title 59.

(2)    'Competitive interscholastic activities' include athletics, music, and cheerleading.

(B)    Individual charter school students may not be denied by a school district the opportunity to participate in competitive interscholastic activities if the:

(1)    student meets all school district eligibility requirements with the exception of the:

(a)    school district's school or class attendance requirements; and

(b)    class and enrollment requirements of the associations administering competitive interscholastic activities;

(2)    student's teacher certifies by submitting an affidavit to the school district that the student being taught is in full compliance with the law and any attendance, class, or enrollment requirements for a charter school or Governor's school;

(3)    student participating in competitive interscholastic activities resides within the attendance boundaries of the school for which the student participates;

(4)    student notifies the superintendent of the school district in writing of his intent to participate in the competitive interscholastic activity as a representative of the school before the beginning date of the season for the activity in which he wishes to participate;

(5)    student's participation in competitive interscholastic activities does not deprive another student attending the school sponsoring the competitive interscholastic activity of an opportunity to participate in the competitive interscholastic activity; and

(6)    charter school in which the student is enrolled does not provide any league-sponsored competitive interscholastic activity, with the exception of intramural sports.

(C)    In addition to the requirements in subsection (B):

(1)    A public school student who has been unable to maintain academic eligibility is ineligible to participate in competitive interscholastic activities as a charter school student for the following semester. To establish academic eligibility for subsequent school years, the student's teacher shall certify by submitting an affidavit to the school district that the student being taught is in full compliance with the law of his respective school and currently maintains academic eligibility.

(2)    A charter school student is required to fulfill the same responsibilities and standards of behavior and performance, including related practice requirements, of other students participating in the competitive interscholastic activities of the team or squad and is required to meet the same standards for acceptance on the team or squad.

(D)    A charter school may not be denied by a school district the opportunity to have a team representing the school participate in a competitive interscholastic activity of a public school district if the school that the student attends has a team or squad participating in the competitive interscholastic activity.

(E)    A school district may not contract with a private entity that supervises competitive interscholastic activities if the private entity prohibits the participation of charter school students in competitive interscholastic activities."

SECTION    2.    Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-105.    (A)    As used in this section:

(1)    'Governor's school students' are those children taught at a Governor's school established pursuant to this title.

(2)    'Competitive interscholastic activities' include athletics, music, and cheerleading.

(B)    Individual Governor's school students may not be denied by a school district the opportunity to participate in competitive interscholastic activities if the:

(1)    student meets all school district eligibility requirements with the exception of the:

(a)    school district's school or class attendance requirements; and

(b)    class and enrollment requirements of the associations administering competitive interscholastic activities;

(2)    student's teacher certifies by submitting an affidavit to the school district that the student being taught is in full compliance with the law and any attendance, class, or enrollment requirements for a charter school or Governor's school;

(3)    student participating in competitive interscholastic activities resides within the attendance boundaries of the school for which the student participates;

(4)    student notifies the superintendent of the school district in writing of his intent to participate in the competitive interscholastic activity as a representative of the school before the beginning date of the season for the activity in which he wishes to participate; and

(5)    student's participation in competitive interscholastic activities does not deprive another student attending the school sponsoring the competitive interscholastic activity of an opportunity to participate in the competitive interscholastic activity; and

(6)    Governor's school in which the student is enrolled does not provide any league-sponsored competitive interscholastic activity, with the exception of intramural sports.

(C)    In addition to the requirements in subsection (B):

(1)    A public school student who has been unable to maintain academic eligibility is ineligible to participate in competitive interscholastic activities as a Governor's school student for the following semester. To establish academic eligibility for subsequent school years, the student's teacher shall certify by submitting an affidavit to the school district that the student being taught is in full compliance with the law of his respective school and currently maintains academic eligibility.

(2)    A Governor's school student is required to fulfill the same responsibilities and standards of behavior and performance, including related practice requirements, of other students participating in the competitive interscholastic activities of the team or squad and is required to meet the same standards for acceptance on the team or squad.

(D)    A Governor's school may not be denied by a school district the opportunity to have a team representing the school participate in an competitive interscholastic activity of a public school district if the school that the student attends has a team or squad participating in the competitive interscholastic activity.

(E)    A school district may not contract with a private entity that supervises competitive interscholastic activities if the private entity prohibits the participation of Governor's school students in competitive interscholastic activities."

SECTION    3.    This act takes effect upon approval by the Governor.

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