A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-63-210, RELATING TO GROUNDS FOR WHICH TRUSTEES MAY EXPEL, SUSPEND, OR TRANSFER PUPILS; PETITIONS FOR READMISSION; AND EXPULSION, SUSPENSION, OR TRANSFER, SO AS TO PROHIBIT EXPELLED STUDENTS FROM ENTERING SCHOOL OR SCHOOL GROUNDS INCLUDING ATTENDING DAY OR NIGHT SCHOOL FUNCTIONS OR RIDING A SCHOOL BUS, TO FURTHER PROHIBIT SUSPENDED STUDENTS FROM ENTERING THE SCHOOL OR SCHOOL GROUNDS EXCEPT FOR ATTENDING DAY OR NIGHT SCHOOL FUNCTIONS OR RIDING THE SCHOOL BUS; BY AMENDING SECTION 59-63-235, RELATING TO THE EXPULSION OF A STUDENT DETERMINED TO HAVE BROUGHT A FIREARM TO SCHOOL, SO AS TO REQURE A STUDENT TO BE EXPELLED FOR NO LESS THAN ONE ACADEMIC YEAR FOR KNOWINGLY BRINGING A FIREARM TO A SCHOOL, TO ESTABLISH THE EXPULSION HEARING BE CONDUCTED BY THE DISTRICT BOARD OF TRUSTEES AND TO ALLOW AN EXPELLED STUDENT TO RECIVE EDUCATIONAL SERVICES IN ALTERNATIVE SETTINGS TO INCLUDE VIRTUAL PROGRAMMING; AND BY AMENDING SECTION 59-63-250, RELATING TO THE TRANSFER OF PUPILS, SO AS TO CLARIFY THAT A BOARD MAY TRANSFER A PUPIL WITHIN THE SCHOOL DISTRICT AND REQUIRE NOTIFICATION AND INPUT FROM THE PRINCIPAL AT THE RECEIVING SCHOOL.

 

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

 

SECTION 1.  Section 59-63-210 of the S.C. Code is amended to read:

 

    Section 59-63-210. (A) Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for the commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and promulgated regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Each expelled pupil has the right to petition for readmission for the succeeding school year.

        (1) Expulsion or suspension must be construed to prohibit a pupil from entering the school or school grounds including, but not limited to, attending any day or night school functions or riding a school bus. An expelled student may only enter school or school grounds for a prearranged conference with an administrator.

        (2) Suspension must be construed to prohibit a pupil from entering the school or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus.

    (B) The provisions of this section do not preclude enrollment and attendance in any adult or night schoolalternate education program to include adult education or virtual programming.

    (B) A district board of trustees shall not authorize or order the expulsion, suspension, or transfer of any pupil for a violation of Section 59-150-250(B).

 

SECTION 2.  Section 59-63-235 of the S.C. Code is amended to read:

 

    Section 59-63-235. The district board must expel for no less than one year a student who is determined to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees. A student who is determined to have knowingly brought a firearm to a school or any setting under the jurisdiction of a local board of trustees must be expelled for no less than one year from the date of the incident. The expulsion hearing under this section must be conducted by the district board of trustees and must follow the procedures established pursuant to Section 59-63-240.  The one-year expulsion is subject to modification by the district superintendent of educationboard of trustees on a case-by-case basis.  Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting to include virtual programming.  Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative.

 

SECTION 3.  Section 59-63-250 of the S.C. Code is amended to read:

 

    Section 59-63-250. The board or a designated administrator may transfer a pupil to another school within the school district in lieu of suspension or expulsion but only after a conference or hearing with the parents or legal guardian and notification to and input from the principal at the receiving school.  The parents or legal guardian may appeal a transfer made by an administrator to the board.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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