2017-2018 Bill 4202: Interscholastic Activities - South Carolina Legislature Online

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 H. 4202 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. G.R. Smith, Bedingfield, Bannister, Hamilton, Long, Chumley, Martin, Stavrinakis, 10 Burns, Bennett, McCoy, Erickson, Taylor, W. Newton, McKnight, B. Newton, Allison, Clemmons, 11 Delleney, Elliott, Forrest, Forrester, Henderson, Hixon, Jordan, Loftis, Quinn, Spires, Thayer and Toole 12 Document Path: l:\council\bills\agm\19179wab17.docx 13 14 Introduced in the House on April 26, 2017 15 Currently residing in the House Committee on Education and Public Works 16 17 Summary: Interscholastic activities 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 4/26/2017 House Introduced and read first time ( House Journalpage 130) 24 4/26/2017 House Referred to Committee on Education and Public Works ( House Journalpage 130) 25 2/20/2018 Scrivener's error corrected 26 27 View the latest legislative information at the website 28 29 30 VERSIONS OF THIS BILL 31 32 4/26/2017 33 2/20/2018 34 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 5963100, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO PARTICIPATION IN 13 INTERSCHOLASTIC ACTIVITIES OF PUBLIC SCHOOL 14 DISTRICTS BY HOME SCHOOL, CHARTER SCHOOL, AND 15 GOVERNOR’S SCHOOL STUDENTS, SO AS TO INCLUDE 16 PRIVATE SCHOOL STUDENTS WITH INDIVIDUALIZED 17 EDUCATION PROGRAMS, 504 PLANS, OR 18 INDIVIDUALIZED SERVICE PLANS, IF THE PRIVATE 19 SCHOOL THEY ATTEND DOES NOT OFFER THE SAME 20 ACTIVITY, AND TO DEFINE NECESSARY TERMINOLOGY. 21 22 Be it enacted by the General Assembly of the State of South 23 Carolina: 24 25 SECTION 1. Section 5963100 of the 1976 Code, as added by Act 26 203 of 2012, is amended to read: 27 28 “Section 5963100. (A) As used in this section: 29 (1) ‘Charter school student’ is a child enrolled in a charter 30 school established pursuant to Chapter 40, Title 59. 31 (2) ‘Governor’s school student’ is a child enrolled at a 32 Governor’s school established pursuant to this title. 33 (3) ‘Home school student’ is a child taught in accordance 34 with Section 596540, 596545, or 596547 and has been taught in 35 accordance with one of these sections for a full academic year 36 prior to participating in an interscholastic activity pursuant to this 37 section. 38 (4) ‘Interscholastic activities’ includes, but is not limited to, 39 athletics, music, speech, and other extracurricular activities. 40 (5) ‘Private school’ means a school: 41 (a) established by an entity other than the State or a 42 subdivision of the State;

[4202] 2 1 (b) supported primarily by private or nonpublic funds; and 2 (c) operated by private individuals operating in their 3 private capacity and not by people who are publicly elected or 4 appointed to operate the school. 5 (B) Private school students with Individualized Education Plans 6 (IEP), 504 plans, or Individual Service Plans (ISP), individual 7 Governor’s school students and home school students may not be 8 denied by a school district the opportunity to participate in 9 interscholastic activities if the: 10 (1) student meets all school district eligibility requirements 11 with the exception of the: 12 (a) school district’s school or class attendance 13 requirements; and 14 (b) class and enrollment requirements of the associations 15 administering the interscholastic activities; 16 (2) student’s teacher, in the case of a private school student 17 with an IEP, 504 plan, or ISP, or a Governor’s school student, 18 certifies by submitting an affidavit to the school district that the 19 student fully complies with the law and any attendance, class, or 20 enrollment requirements for a private school or Governor’s school, 21 as applicable. In addition, a charter school student’s teacher, in the 22 same manner required by this subsection for a Governor’s school 23 student, also must certify by affidavit to the student’s school 24 district that the student fully complies with the law and any 25 attendance, class, or enrollment requirements for a charter school 26 in order for the student to participate in interscholastic activities in 27 the manner permitted by Chapter 40 of this title; 28 (3) student participating in interscholastic activities: 29 (a) in the case of a private school student with an IEP, 504 30 plan, or ISP, or a charter school student, the student resides within 31 the attendance boundaries of the school for which the student 32 participates; or 33 (b) in the case of a Governor’s school student, resides or 34 attends a Governor’s school within the attendance boundaries of 35 the school for which the student participates; and 36 (4) student notifies the superintendent of the school district 37 in writing of his intent to participate in the interscholastic activity 38 as a representative of the school before the beginning date of the 39 season for the activity in which he wishes to participate. 40 (C) A public school student who has been unable to maintain 41 academic eligibility is ineligible to participate in interscholastic 42 activities as a private school student with an IEP, 504 plan, or ISP, 43 a charter school student, a Governor’s school student, or a home

[4202] 3 1 school student for the following semester. To establish eligibility 2 for subsequent school years, the student’s teacher shall certify by 3 submitting an affidavit to the school district that the student meets 4 the relevant policies of the school at which the student wishes to 5 participate. 6 (D) A private school student with an IEP, 504 plan, or ISP, a 7 Governor’s school student, or a home school student is required to 8 fulfill the same responsibilities and standards of behavior and 9 performance, including related practice requirements, of other 10 students participating in the interscholastic activities of the team or 11 squad and is required to meet the same standards for acceptance on 12 the team or squad. 13 (E) A Governor’s school student may not be denied by a school 14 district the opportunity to have a team representing the school 15 participate in interscholastic activities if the team meets the same 16 eligibility requirements of other teams. A private school student 17 with an IEP, 504 plan, or ISP, or an individual Governor’s school 18 student may not participate in an interscholastic activity of a public 19 school district if the school that in which the student is enrolled in 20 has a team or squad participating in that interscholastic activity. 21 (F) A school district may not contract with a private entity that 22 supervises interscholastic activities if the private entity prohibits 23 the participation of private school students with an IEP, 504 plan, 24 or ISP, charter school students, Governor’s school students, or 25 home school students in interscholastic activities.” 26 27 SECTION 2. This act takes effect upon approval by the 28 Governor. 29 XX 30

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