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									                                   South Carolina General Assembly
                                       119th Session, 2011-2012

S. 217

STATUS INFORMATION

General Bill
Sponsors: Senator Jackson
Document Path: l:\s-res\dj\002scho.kmm.dj.docx

Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on Education

Summary: Mandatory school attendance


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 12/8/2010   Senate   Prefiled
 12/8/2010   Senate   Referred to Committee on Education
 1/11/2011   Senate   Introduced and read first time (Senate Journal-page 101)
 1/11/2011   Senate   Referred to Committee on Education (Senate Journal-page 101)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/8/2010
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 9                               A BILL
10
11   TO AMEND SECTION 59-65-10 OF THE 1976 CODE,
12   RELATING TO MANDATORY SCHOOL ATTENDANCE, TO
13   PROVIDE THAT A CHILD MUST ATTEND SCHOOL UNTIL
14   HE ATTAINS THE AGE OF EIGHTEEN, GRADUATES FROM
15   HIGH SCHOOL, OR RECEIVES A HIGH SCHOOL
16   EQUIVALENCY DIPLOMA; TO AMEND SECTION 63-19-20,
17   RELATING TO DEFINITIONS, TO DEFINE “CHILD” FOR
18   THE PURPOSES OF TRUANCY; TO AMEND SECTION 63-19-
19   1030, RELATING TO PREHEARING INQUIRY, TO INCLUDE
20   TITLES FOR TRUANCY PETITIONS; TO AMEND SECTION
21   63-19-1420, RELATING TO DRIVERS LICENSE SUSPENSION
22   AND RESTRICTION, TO PROVIDE FOR THE COURT
23   SUSPENSION OR RESTRICTION OF A CHILD’S DRIVERS
24   LICENSE UPON THE FINDING OF VIOLATION OF COURT
25   TRUANCY ORDER; AND TO AMEND SECTION 63-19-1440,
26   RELATING TO COMMITMENT TO THE DEPARTMENT OF
27   JUVENILE JUSTICE, TO PROVIDE FOR THE COMMITMENT
28   OF A CHILD WHO VIOLATES A COURT ORDER TO
29   ATTEND SCHOOL.
30
31   Be it enacted by the General Assembly of the State of South
32   Carolina:
33
34   SECTION 1. Section 59-65-10(A) of the 1976 Code is amended
35   to read:
36
37      “(A) All parents A parent or guardians guardian shall cause their
38   children his child or wards ward to attend regularly a public or
39   private school or kindergarten of this State which has been
40   approved by the State Board of Education or a member school of
41   the South Carolina Independent Schools’ Association or some
42   similar organization, or a parochial, denominational, or

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 1   church-related school, or other programs which have been
 2   approved by the State Board of Education from the school year in
 3   which the child or ward is five years of age before September first
 4   until the child or ward attains his seventeenth eighteenth birthday,
 5   or graduates from high school, or receives a high school
 6   equivalency diploma. A parent or guardian whose child or ward is
 7   not six years of age on or before the first day of September of a
 8   particular school year may elect for their child or ward not to
 9   attend kindergarten. For this purpose, the parent or guardian shall
10   sign a written document making the election with the governing
11   body of the school district in which the parent or guardian resides.
12   The form of this written document must be prescribed by
13   regulation of the Department of Education. Upon the written
14   election being executed, that child or ward may not be required to
15   attend kindergarten.”
16
17   SECTION 2. Section 63-19-20(1) of the 1976 Code is amended to
18   read:
19
20      “(1) ‘Child’ means a person less than seventeen years of age,
21   except for the purposes of truancy. For the purposes of truancy,
22   ‘child’ means a person who is less than eighteen years of age.
23   ‘Child’ does not mean a person sixteen years of age or older who is
24   charged with a Class A, B, C, or D felony as defined in Section
25   16-1-20 or a felony which provides for a maximum term of
26   imprisonment of fifteen years or more. However, a person sixteen
27   years of age who is charged with a Class A, B, C, or D felony as
28   defined in Section 16-1-20 or a felony which provides for a
29   maximum term of imprisonment of fifteen years or more may be
30   remanded to the family court for disposition of the charge at the
31   discretion of the solicitor. An additional or accompanying charge
32   associated with the charges contained in this item must be heard by
33   the court with jurisdiction over the offenses contained in this
34   item.”
35
36   SECTION 3. Section 63-19-1030(B) of the 1976 Code is
37   amended to read:
38
39      “(B) The petition and all subsequent court documents must be
40   entitled:
41   ‘In the Family Court of --- County.
42   In the Interest of ---, a child under seventeen years of age.’
43   For truancy petitions:

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 1   ‘In the Family Court of --- County.
 2   In the Interest of ---, a child under eighteen years of age.’
 3   The petition must be verified and may be upon information and
 4   belief. It shall set forth plainly:
 5         (1) the facts which bring the child within the purview of this
 6   article;
 7         (2) the name, age, and residence of the child;
 8         (3) the names and residences of the child’s parents;
 9         (4) the name and residence of a legal guardian, if there is
10   one, of the person or persons having custody of or control of the
11   child, or of the nearest known relative if no parent or guardian can
12   be found. If any of these facts are not known by the petitioner, the
13   petition shall state that.”
14
15   SECTION 4. Section 63-19-1420(A) of the 1976 Code is
16   amended to read:
17
18      “(A) If a child is adjudicated delinquent for a status offense or is
19   found in violation of a court order relating to a status offense, the
20   court may suspend or restrict the child’s driver’s license until the
21   child’s seventeenth birthday. However, if a child is adjudicated
22   delinquent for truancy or is found in violation of a court order
23   relating to a truancy offense, the court may suspend or restrict the
24   child’s driver’s license until the child’s eighteenth birthday.”
25
26   SECTION 5. Section 63-19-1440(A) of the 1976 Code is
27   amended to read:
28
29      “(A) A child, after the child’s twelfth birthday and before the
30   seventeenth birthday or while under the jurisdiction of the family
31   court for disposition of an offense that occurred prior to the child’s
32   seventeenth birthday or for a violation of a court order to attend
33   school that occurred prior to the child’s eighteenth birthday, may
34   be committed to the custody of the Department of Juvenile Justice
35   which shall arrange for placement in a suitable corrective
36   environment. Children under the age of twelve years may be
37   committed only to the custody of the department which shall
38   arrange for placement in a suitable corrective environment other
39   than institutional confinement. No child under the age of
40   seventeen years may be committed or sentenced to any other penal
41   or correctional institution of this State.”
42


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 1   SECTION 6. The repeal or amendment by this act of any law,
 2   whether temporary or permanent or civil or criminal, does not
 3   affect pending actions, rights, duties, or liabilities founded thereon,
 4   or alter, discharge, release or extinguish any penalty, forfeiture, or
 5   liability incurred under the repealed or amended law, unless the
 6   repealed or amended provision shall so expressly provide. After
 7   the effective date of this act, all laws repealed or amended by this
 8   act must be taken and treated as remaining in full force and effect
 9   for the purpose of sustaining any pending or vested right, civil
10   action, special proceeding, criminal prosecution, or appeal existing
11   as of the effective date of this act, and for the enforcement of
12   rights, duties, penalties, forfeitures, and liabilities as they stood
13   under the repealed or amended laws.
14
15   SECTION 7. This act takes effect upon approval by the Governor.
16                            ----XX----
17




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