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TO ENACT THE "MILITARY TEMPORARY REMOTE SCHOOL ENROLLMENT ACT"; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 59 OF THE 1976 CODE, RELATING TO PUPILS GENERALLY, BY ADDING SECTION 59-63-33, TO PROVIDE THAT A PUPIL COMPLIES WITH SCHOOL ENROLLMENT REQUIREMENTS IF HIS PARENT IS TRANSFERRED TO OR IS PENDING TRANSFER TO A MILITARY INSTALLATION IN THIS STATE WHILE ON ACTIVE MILITARY DUTY, TO PROVIDE THAT A SCHOOL DISTRICT SHALL ACCEPT APPLICATIONS FOR ENROLLMENT AND COURSE REGISTRATION FROM SUCH A PUPIL BY ELECTRONIC MEANS, TO PROVIDE THAT A PARENT OF SUCH A PUPIL SHALL PROVIDE CERTAIN PROOF OF RESIDENCE WITHIN TEN DAYS AFTER THEIR ARRIVAL DATE, TO PROVIDE THAT AMBIGUITIES MUST BE RESOLVED IN FAVOR OF ENROLLMENT, AND TO DEFINE NECESSARY TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act must be known and may be cited as the "Military Temporary Remote School Enrollment Act".
SECTION 2. Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-33. (A) For the purposes of this section:
(1) 'Active military duty' means full-time military duty status in the active uniformed service of the United States, including service in the National Guard and the State Military Reserve on active duty orders.
(2) 'Military installation' means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the secretary of a military department or, in the case of activity in a foreign country, under the operational control of the secretary of a military department or the Secretary of Defense, without regard to the duration of operational control.
(B) A pupil complies with the residency requirements for school attendance in a school district if a parent or legal guardian of the pupil is transferred to or is pending transfer to a military installation within this State while on active military duty pursuant to an official military order.
(C) A school district shall accept an application for enrollment and course registration by electronic means for a pupil who meets the requirements prescribed in subsection (B), including enrollment in a specific school or program within the school district.
(D)(1) The parent or legal guardian of a pupil who meets the requirement prescribed in subsection (B) shall provide proof of residence to the school district within ten working days after the arrival date provided on official documentation. The parent or legal guardian may use the address of any of the following as proof of residence for the purposes of this subsection:
(a) a temporary on-base billeting facility;
(b) a purchased or leased home or apartment; or
(c) any federal government housing or off-base military housing, including off-base military housing that may be provided through a public-private venture.
(2) In determining which documentation may be considered acceptable for complying with the provisions of item (1), a school district shall consider that traditional forms of documentation, such as utility bills or tax bills, would not be available for newly relocated military personnel.
(E) The provisions of this section apply notwithstanding the provisions of Sections 59-63-30, 59-63-31, or 59-63-32, or another provision of law.
(F) Any ambiguity in construing the provisions of this section must be resolved in favor of enrolling a pupil."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on January 13, 2021 at 1:24 PM