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H. 3838
STATUS INFORMATION
Joint Resolution
Sponsors: Reps. Martin and Carter
Document Path: l:\council\bills\nbd\11174sa21.docx
Companion/Similar bill(s): 516, 520, 3858, 3886
Introduced in the House on February 9, 2021
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: COVID-19 vaccinations
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/9/2021 House Introduced and read first time (House Journal-page 6)
2/9/2021 House Referred to Committee on Medical, Military, Public and
Municipal Affairs (House Journal-page 6)
2/11/2021 House Member(s) request name added as sponsor: Carter
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IDENTIFY CERTIFIED TEACHERS, SCHOOL SUPPORT STAFF, AND FIRST RESPONDERS AS MISSION-CRITICAL WORKERS AND INDIVIDUALS WHO ARE ELIGIBLE FOR VACCINATION UNDER PHASE 1A OF THE SOUTH CAROLINA COVID-19 VACCINATION PLAN, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COORDINATE WITH THE DEPARTMENT OF EDUCATION TO IMPLEMENT A PLAN THAT WILL OFFER THE OPPORTUNITY TO CERTIFIED TEACHERS, SCHOOL SUPPORT STAFF, AND FIRST RESPONDERS TO BE FULLY VACCINATED WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS JOINT RESOLUTION, TO PROVIDE THAT EVERY SCHOOL DISTRICT MUST OFFER FIVE-DAY, IN-PERSON CLASSROOM INSTRUCTION TO STUDENTS NO LATER THAN TWO WEEKS AFTER CERTIFIED TEACHERS AND SUPPORT STAFF HAVE BEEN OFFERED THE OPPORTUNITY TO BE FULLY VACCINATED, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST ENSURE THAT ALL SOUTH CAROLINA RESIDENTS WHO ARE ELIGIBLE UNDER PHASE 1A OF THE SOUTH CAROLINA COVID-19 VACCINATION PLAN WHO HAVE RECEIVED A FIRST VACCINE DOSE AS OF THE EFFECTIVE DATE OF THIS JOINT RESOLUTION ARE OFFERED THE OPPORTUNITY FOR FULL VACCINATION WITHIN THE APPROPRIATE RECOMMENDED TIME PERIOD.
Whereas, the COVID-19 pandemic has forced many school districts to replace in-person classroom instruction with virtual instruction; and
Whereas, virtual instruction is no substitute for in-person classroom instruction; and
Whereas, a COVID-19 vaccine is currently available for distribution in this State for mission-critical workers; and
Whereas, certified teachers and school support staff should be identified as mission-critical because of the vital role they play in the education and development of our state's children; and
Whereas, vaccinating certified teachers and school support staff must not take away any vaccine supply from other mission-critical workers and individuals; and
Whereas, it is imperative that we return students to in-person, five-day classroom instruction as quickly and safely as possible while providing a safe environment for our certified teachers and school support staff. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) Upon the effective date of this joint resolution, the Department of Health and Environmental Control shall identify certified teachers, school support staff, as defined by the Department of Education, and all first responders including, but not limited to, a law enforcement officer, firefighter, emergency medical technician, or paramedic as well as a volunteer law enforcement officer, firefighter, emergency medical technician, or paramedic, as mission-critical workers and individuals who are eligible for vaccination under Phase 1a of the South Carolina COVID-19 vaccination plan.
(B) The Department of Health and Environmental Control, in coordination with the Department of Education, shall implement a plan that will offer the opportunity to certified teachers, school support staff, and first responders to be fully vaccinated within thirty days of the effective date of this joint resolution.
(C) No later than two weeks after certified teachers and support staff have been offered the opportunity to be fully vaccinated, every school district must offer five-day, in-person classroom instruction to students.
(D) Notwithstanding subsection (B), the Department of Health and Environmental Control must ensure that all South Carolina residents who are eligible under Phase 1a of the South Carolina COVID-19 vaccination plan who have received a first vaccine dose as of the effective date of this joint resolution are offered the opportunity for full vaccination within the appropriate recommended time period.
(E) Nothing in this joint resolution may be construed as a mandate for employment, and a school district may not discriminate against any employee who refuses the vaccine.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
This web page was last updated on
February 11, 2021 at 11:28 AM