Indicates Matter Stricken

Indicates New Matter

 

Amended

04/04/24

S. 1188

Introduced by Senators Tedder and Hembree

 

S. Printed 04/04/24--S.

Read the first time March 20, 2024

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-63-240, RELATING TO EXPULSION FOR THE REMAINDER OF THE YEAR AND HEARINGS, SO AS TO AMEND REQUIREMENTS TO BE INCLUDED IN THE WRITTEN NOTIFICATION TO PARENTS OR LEGAL GUARDIANS OF THE PUPIL.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 59-63-240 of the S.C. Code is amended to read:

 

    Section 59-63-240. The board may expel for the remainder of the school year a pupil for any of the reasons listed in Section 59-63-210.  If procedures for expulsion are initiated, the parents or legal guardian of the pupil shall be notified in writing of the time and the place of a hearing either before the board or a person or committee designated by the board.  The written notification to the parents or legal guardian of the pupil must include their right to have legal counsel present at the hearing, the right to question all witnesses, and contact information for a legal aid service provider which may determine eligibility for free legal representation. The notification must also include the  right to access the investigative file in its entirety, to include all documents and videos, at least three days prior to the hearing, with appropriate exemptions and redactions as required by the Family Educational Rights and Privacy Act, 20 USC Section 1232g. At the hearing the parents or legal guardian shall have the right to legal counsel and to all other regular legal rights including the right to question all witnesses.  If the hearing is held by any authority other than the board of trustees, the right to appeal the decision to the board is reserved to either party.  The hearing shall take place within fifteen days of the written notification at a time and place designated by the board and a decision shall be rendered within ten days of the hearing.  The pupil may be suspended from school and all school activities during the time of the expulsion procedures.  The action of the board may be appealed to the proper court.  The board may permanently expel any incorrigible pupil.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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