South Carolina House and Senate Bills Alert

• S. 949   11/29/2005   Senate pre-filed and referred to Committee on Education (Senate Bill 949: Amending the Homeschool Laws of South Carolina)
  The problems with S. 949 

  "Section 59-65-35.    (A)    Parents or guardians may provide for the academic instruction of their children pursuant to a home schooling program in the following locations:

(2)    at the home of another child or children participating in a home schooling program; or

(Issue)  If another parent teaches any of the mandated subjects to a child that is not their own, and in an outside home or facility, is this now a private school, which is not a home school. see:  Statutory provisions do not authorize students to be taught by anyone other than their parents or guardians in a home instruction setting. 1989 Op Atty. Gen, No 89-22, p. 60.; and SECTION 59-1-110. "Private school" defined. SC ST SEC 59-1-110 "Private school" means a school established by an agency other than the State or its subdivisions which is primarily supported by other than public funds, and the operation of whose program rests with other than publicly elected or appointed officials.  and;  Title 59 - Education CHAPTER 41 SECTION 59-41-10. Definitions. (c) "Private school" shall mean a private or independent elementary or high school which is not operated or controlled by any church, synagogue, sect or other religious organization or institution.

(Issue)  If another parent teaches any of the mandated subjects to a child that is not their own, could the teaching parent be legally  liable (e.g., family court cases, lawsuit by non-teaching parent, ect..) for any educational issues, which can, have and most likely will arise, just like a "private" school is and can be held liable? 

(Issue) Can/will this section be applied? SECTION 59-13-130 - Who pays the fine? Will they too have to report the info in this section about the students attending?

(Issue) Can/will this section be applied?  Health: The Department of Health and Environmental Control has the authority to inspect private school lunchrooms and sanitary facilities. 1982 Op. Atty. Gen., No. 82-10, p. 12.

(Issue) Can/will this section be applied? Potential staff members of a private school must be evaluated for tuberculosis prior to hiring. Applicants must present a health certificate certifying that they do not have tuberculosis in an active stage as a prerequisite to employment. S.C. Code Ann. § 44-29-150, 160.

(3)    at any other suitable location, provided that all of the children assembled at that location are participants in an approved home school program.

(Issue)  (3) approved home school program. The word "approved" allows for the local school district to approve any home schooling program under SCAIHS or a home school association, directly in violation of SC ST SEC 59-65-47.

(Issue)  (3) at any other suitable location, Does this section open the door for the below named "private school" laws to be applied, since the "HOME SCHOOL" would now become a "private school", due to the admission or gathering of children, which are not their legal ward, for the purpose of teaching, in a place other than the "PRIVATE HOME" 

(Issue)  If another parent teaches any of the mandated subjects to a child that is not their own, and in an outside home or facility, is this now a private school, which is not a home school. see:  Statutory provisions do not authorize students to be taught by anyone other than their parents or guardians in a home instruction setting. 1989 Op Atty. Gen, No 89-22, p. 60.; and SECTION 59-1-110. "Private school" defined. SC ST SEC 59-1-110 "Private school" means a school established by an agency other than the State or its subdivisions which is primarily supported by other than public funds, and the operation of whose program rests with other than publicly elected or appointed officials.  and;  Title 59 - Education CHAPTER 41 SECTION 59-41-10. Definitions. (c) "Private school" shall mean a private or independent elementary or high school which is not operated or controlled by any church, synagogue, sect or other religious organization or institution.

(Issue) Can/will this section be applied? SECTION 59-13-130 - Who pays the fine? Will they too have to report the info in this section about the students attending?

(Issue) Can/will this section be applied?  Health: The Department of Health and Environmental Control has the authority to inspect private school lunchrooms and sanitary facilities. 1982 Op. Atty. Gen., No. 82-10, p. 12.

(Issue) Can/will this section be applied? Potential staff members of a private school must be evaluated for tuberculosis prior to hiring. Applicants must present a health certificate certifying that they do not have tuberculosis in an active stage as a prerequisite to employment. S.C. Code Ann. § 44-29-150, 160.

SECTION 59-13-130. Private schools required to report to superintendents. [SC ST SEC 59-13-130]
All private schools shall report to the county superintendent of education, upon request therefore of the county wherein such school is located, the number of pupils receiving instruction, the number in regular attendance, the number of teachers employed and such other facts as will show the grade and amount of educational work actually done in such private school The management of any private school neglecting, refusing or omitting to file such report within two weeks after the close of the regular session shall be subject to a fine of not more than twenty-five dollars.

(B)    For the purposes of this chapter, 'instructor' means the person that actually teaches a child or children."

• S. 72 THIS BILL SHOULD BE KILLED! Alert SECOND READING Tuesday, January 10, 2006
  This is a driver's license bill which will require school attendance, a diploma, or GED for persons under 17 who seek a drivers license. Home school associations will have to be involved in developing a form to show the DMV the students enrollment status. Also, the home school association will have to provide students in the association with information about this law every year.
  S. 72 (Word version)--Senators Ritchie, Jackson, Ryberg, Mescher, Richardson and Ford: A BILL TO AMEND SECTION 56-1-176, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN SEVENTEEN YEARS OF AGE, TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.
  (Read the first time--January 11, 2005)
  (Reported by Committee on Transportation--February 2, 2005)
  (Favorable)
  (Amended--April 14, 2005)
  (Senator Setzler desires to be present.) 
• H. 4085: TO CREATE A JOINT STUDY COMMITTEE TO EXAMINE PUBLIC AND PRIVATE SCHOOL CHOICE AND TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE Tuesday, January 10, 2006
  a) We need clarification to the following:  Was the committee ever established this summer?
  b) Under "(B) 4)    eight appointed by the State Superintendent of Education, four of which must represent private school education and four of which must represent home school education;" Who were/are the representatives of the 2nd and 3rd option home school education? (Say: 1 from SCAIHS-2nd option, 1 from 3rd option upstate, 1 from 3rd option mid state, and 1 from 3rd option low-country?)  We know of no one that represented us.