Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 27, 2024

 

H. 5245

 

Introduced by Reps. G. M. Smith, Erickson and Bradley

 

S. Printed 03/27/24--H.

Read the first time March 07, 2024

 

________

 

The committee on House Education and Public Works

To whom was referred a Bill (H. 5245) to amend the South Carolina Code of Laws by amending Section 59-40-50, relating to charter school admissions, so as to provide charter schools may give enrollment, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

   Amend the bill, as and if amended, SECTION 1, by striking Section 59-40-50(8) and inserting:

    (8) (a) not limit or deny admission or show preference in admission decisions to any individual or group of individuals, except in the case of an application to create a single gender charter school, in which case gender may be the only reason to show preference or deny admission to the school or as allowed by subitem (b);.

           (b) A charter school may give enrollment prioritypreference to any of the following by enrolling the student without requiring participation in a lottery when a lottery is otherwise required under this chapter:

               (i) a sibling of a pupil currently enrolled and attending, or who, within the last six years, attended the school for at least one complete academic year.;

               (ii) students enrolled in the public charter school the previous school yearA public charter school shall give enrollment preference to students enrolled in the public charter school the previous school year. An enrollment preference for returning students excludes those students from entering into a lottery. A charter school also may give priority tochildren of a charter school employee and children of the charter committee, if priority enrollment for children of employees and of the charter committee does not constitute more than twenty percent of the enrollment of the charter school.;

               (iii) a child or children of any employee of the charter school or member of the charter school committee, provided that the number of students eligible for this preference may not exceed twenty percent of the school's total enrollment;

               (iv) dependents of active-duty members of the military residing or stationed in this state, limited to not more than twenty percent of the school's total enrollment except for schools meeting the provisions of Section 59-40-50(B)(8)(e). Dependents of active duty military members are subject to the enrollment provisions of Section 59-63-33.

           (c) A student eligible for multiple enrollment preferences may be enrolled based on only one of the preferences, at the charter school's discretion. A student eligible for an enrollment preference that is denied the enrollment preference because the charter school has exceeded the number of enrollment preferences allowed must be permitted to participate in any enrollment lottery held by the school for the year the enrollment preference is denied.

           (d) In the case of a charter school designated as an Alternative Education Campus, pursuant to Section 59-40-111, mission-aligned preference may be given to educationally disadvantaged students as specifically defined in their charter and charter contract approved by their sponsor and as allowed by ESSA.

           (e) In addition, a charter school located on a federal military installation or base where the appropriate authorities have made buildings, facilities, and grounds on the installation or base available for use by the charter school as its principal location also may give enrollment prioritypreference to otherwise eligible students who are dependents of military personnel living in military housing on the base or installation or who are currently stationed at the base or installation not to exceed fifty percent of the total enrollment of the charter school. This prioritypreference is in addition to the other prioritiespreferences provided by this item, but no child may be counted more than once for purposes of determining the percentage makeup of each prioritypreference;

 

Renumber sections to conform.

Amend title to conform.

 

SHANNON ERICKSON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill authorizes charter schools to give enrollment preference to children of active duty military servicemembers residing or stationed in South Carolina if their enrollment does not constitute more than 20 percent of the overall enrollment.

 

The bill specifies that a student eligible for multiple enrollment preferences may be enrolled based on only one of the preferences, at the charter school's discretion. The bill further specifies that a student eligible for an enrollment preference that is denied the enrollment preference because the charter school has exceeded the number of enrollment preferences allowed must be permitted to participate in any enrollment lottery held by the school for the year the enrollment preference is denied.

 

SCDE indicates that this bill does not alter the duties or responsibilities of the department. Therefore, this bill will have no expenditure impact on SCDE.

 

Local Expenditure

This bill authorizes charter schools to give enrollment preference to children of active duty military servicemembers residing or stationed in South Carolina if their enrollment does not constitute more than 20 percent of the overall enrollment. 

 

The bill specifies that a student eligible for multiple enrollment preferences may be enrolled based on only one of the preferences, at the charter school's discretion. The bill further specifies that a student eligible for an enrollment preference that is denied the enrollment preference because the charter school has exceeded the number of enrollment preferences allowed must be permitted to participate in any enrollment lottery held by the school for the year the enrollment preference is denied.

 

This bill is not expected to have a fiscal impact on local school districts. SCDE surveyed the ten regular school districts that currently authorize or sponsor charter schools and the three charter school districts. The six responding districts indicate that this bill will have no expenditure impact. Based upon these responses, we do not anticipate that the bill will have a fiscal impact on local school districts. For reference, SCDE also indicates that there are currently 15,563 students with a parent who is an active duty military servicemember residing or stationed in South Carolina. Further, based upon the FY 2023-24 45-day student counts from SCDE, the total average daily membership for charter school districts in is 45,481 students. Twenty percent of overall charter school enrollment for FY 2023-24 is approximately 9,096 students.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

________

 

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-40-50, RELATING TO CHARTER SCHOOL ADMISSIONS, SO AS TO PROVIDE CHARTER SCHOOLS MAY GIVE enrollment preference TO CHILDREN OF ACTIVE DUTY MILITARY SERVICEMEMBERS IN THIS STATE IF THEIR ENROLLMENT DOES NOT CONSTITUTE MORE THAN TWENTY PERCENT OF THE OVERALL ENROLLMENT, and to revise existing enrollment preference provisions.

 

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

 

SECTION 1.  Section 59-40-50(B)(8) of the S.C. Code is amended to read:

 

    (8) not limit or deny admission or show preference in admission decisions to any individual or group of individuals, except in the case of an application to create a single gender charter school, in which case gender may be the only reason to show preference or deny admission to the school;  a charter school may give enrollment prioritypreference to a sibling of a pupil currently enrolled and attending, or who, within the last six years, attended the school for at least one complete academic year. A public charter school shall give enrollment preference to students enrolled in the public charter school the previous school year. An enrollment preference for a returning studentsstudent allows the student to enroll in the charter school without being subject to participation in excludes those students from entering into a lottery. A charter school also may give enrollment preference to no more than twenty percent of its total enrollment to children of active duty military servicemembers residing or stationed in this State. A charter school also may give priority toenrollment preference to no more than twenty percent of its total enrollment to children of a charter school employee and children of the charter committee, if priority enrollment for children of employees and of the charter committee does not constitute more than twenty percent of the enrollment of the charter school. A student eligible for multiple enrollment preferences may be enrolled based on only one of the preferences, at the charter school's discretion. A student eligible for an enrollment preference that is denied the enrollment preference because the charter school has exceeded the number of enrollment preferences allowed must be permitted to participate in any enrollment lottery held by the school for the year the enrollment preference is denied. In the case of a charter school designated as an Alternative Education Campus, pursuant to Section 59-40-111, mission-aligned preference may be given to educationally disadvantaged students as specifically defined in their charter and charter contract approved by their sponsor and as allowed by ESSA. In addition, a charter school located on a federal military installation or base where the appropriate authorities have made buildings, facilities, and grounds on the installation or base available for use by the charter school as its principal location also may give enrollment prioritypreference to otherwise eligible students who are dependents of military personnel living in military housing on the base or installation or who are currently stationed at the base or installation not to exceed fifty percent of the total enrollment of the charter school. This prioritypreference is in addition to the other prioritiespreferences provided by this item, but no child may be counted more than once for purposes of determining the percentage makeup of each prioritypreference;

 

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

----XX----