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TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDING PUBLIC SCHOOLS, SO AS TO PROVIDE STUDENTS ARE ENTITLED TO ATTEND PUBLIC SCHOOLS REGARDLESS OF THEIR COVID-19 VACCINATION STATUS; AND TO AMEND SECTION 44-29-180, RELATING TO VACCINATION REQUIREMENTS FOR STUDENTS IMPOSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROHIBIT THE DEPARTMENT AND PUBLIC SCHOOL DISTRICTS FROM REQUIRING COVID-19 VACCINATIONS OF STUDENTS IN K-12 PUBLIC SCHOOLS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-63-30 of the 1976 Code is amended to read:
"Section 59-63-30. Children within the ages prescribed by Section 59-63-20 shall be entitled to attend the public schools of any school district, without charge and regardless of COVID-19 vaccination status, only if qualified under the following provisions of this section:
(a) Such child resides with its parent or legal guardian;
(b) The parent or legal guardian, with whom the child resides, is a resident of such school district; or
(c) The child owns real estate in the district having an assessed value of three hundred dollars or more; and
(d) The child has maintained a satisfactory scholastic record in accordance with scholastic standards of achievement prescribed by the trustees pursuant to Section 59-19-90; and
(e) The child has not been guilty of infraction of the rules of conduct promulgated by the trustees of such school district pursuant to Section 59-19-90."
SECTION 2. Section 44-29-180(A) of the 1976 Code is amended to read:
"(A) No superintendent of an institution of learning, no school board or principal of a school, and no owner or operator of a public or private childcare facility as defined in Section 63-13-20 may admit as a pupil or enroll or retain a child or person who cannot produce satisfactory evidence of having been vaccinated or immunized so often as directed by the Department of Health and Environmental Control; provided, however, that the department may not direct such students in public K-12 schools to be vaccinated or immunized against COVID-19, or a variation thereof, and no superintendent of an institution of learning or school board or principal of a school may require a student to be vaccinated or immunized against COVID-19, or a variation thereof, as a condition for admission. Records of vaccinations or immunizations must be maintained by the institution, school, or day care facility to which the child or person has been admitted."
SECTION 3. This act takes effect upon approval by the Governor.
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