1 South Carolina General Assembly

2 122nd Session, 2017-2018

3
4 H. 3051
5
6 STATUS INFORMATION
7
8 General Bill
9 Sponsors: Reps. Neal, Clyburn, Cobb-Hunter and Robinson-Simpson
10 Document Path: l:\council\bills\agm\19015wab17.docx
11
12 Introduced in the House on January 10, 2017
13 Currently residing in the House Committee on Judiciary
14
15 Summary: Cultural Competency Training Program
16
17
18 HISTORY OF LEGISLATIVE ACTIONS
19
20 Date Body Action Description with journal page number
21 12/15/2016 House Prefiled
22 12/15/2016 House Referred to Committee on Judiciary
23 1/10/2017 House Introduced and read first time (House Journal-page 53)
24 1/10/2017 House Referred to Committee on Judiciary (House Journal-page 53)
25 1/12/2017 House Member(s) request name added as sponsor: Robinson-Simpson
26
27 View the latest legislative information at the website
28
29
30 VERSIONS OF THIS BILL
31
32 12/15/2016
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9 A BILL
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11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12 1976, BY ADDING SECTION 23-23-117 SO AS TO PROVIDE
13 THAT THE CRIMINAL JUSTICE ACADEMY SHALL
14 DEVELOP AND IMPLEMENT A CULTURAL COMPETENCY
15 MODEL TRAINING PROGRAM CURRICULUM FOR
16 SCHOOL RESOURCE OFFICERS, TO PROVIDE CONTENT
17 REQUIREMENTS FOR THE CURRICULUM, AND TO
18 PROVIDE SCHOOL RESOURCE OFFICERS SHALL
19 COMPLETE RELATED TRAINING; BY ADDING SECTION
20 59-26-120 SO AS TO PROVIDE THAT BEGINNING WITH
21 THE 2017-2018 SCHOOL YEAR, THE STATE DEPARTMENT
22 OF EDUCATION SHALL REQUIRE ONE HOUR OF
23 TRAINING IN CONFLICT INTERVENTION AND
24 RESOLUTION AS A REQUIREMENT FOR THE RENEWAL
25 OF CREDENTIALS OF TEACHERS AND ADMINISTRATORS
26 EMPLOYED IN MIDDLE SCHOOLS OR HIGH SCHOOLS, TO
27 PROVIDE RELATED REQUIREMENTS FOR THE
28 DEPARTMENT AND SCHOOL DISTRICTS, AND TO
29 PROHIBIT CAUSES OF ACTION FOR LOSS OR DAMAGE
30 CAUSED BY ACTS OR OMISSIONS RESULTING FROM THE
31 IMPLEMENTATION OF THESE PROVISIONS OR
32 RESULTING FROM ANY TRAINING OR LACK OF
33 TRAINING REQUIRED UNLESS THE LOSS OR DAMAGE
34 WAS CAUSED BY WILFUL OR WANTON MISCONDUCT,
35 AND TO PROVIDE THIS TRAINING DOES NOT IMPOSE A
36 SPECIFIC DUTY OF CARE; BY ADDING SECTION 59-63-212
37 SO AS TO PROVIDE THAT SCHOOL DISTRICTS SHALL
38 ADOPT ZERO-TOLERANCE POLICIES THAT MAY NOT BE
39 RIGOROUSLY APPLIED TO PETTY ACTS OF MISCONDUCT
40 AND MISDEMEANORS, MUST APPLY EQUALLY TO ALL
41 STUDENTS REGARDLESS OF THEIR ECONOMIC STATUS,
42 RACE, OR DISABILITY, AND THAT ARE INTENDED TO

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 1 PROMOTE SAFE AND SUPPORTIVE LEARNING
2 ENVIRONMENTS IN SCHOOLS, PROTECT STUDENTS AND
3 STAFF FROM CONDUCT THAT POSES A SERIOUS THREAT
4 TO SCHOOL SAFETY, AND ENCOURAGES SCHOOLS TO
5 USE ALTERNATIVES TO EXPULSION OR REFERRAL,
6 AMONG OTHER THINGS; BY ADDING SECTION 59-63-215
7 SO AS TO PROVIDE EACH PUBLIC SCHOOL, PUBLIC
8 SCHOOL DISTRICT, AND THE STATE DEPARTMENT OF
9 EDUCATION SHALL MAINTAIN RECORDS AND MAKE
10 ANNUAL REPORTS CONCERNING STUDENT
11 SUSPENSIONS, EXPULSIONS, AND REFERRALS TO THE
12 DEPARTMENT OF JUVENILE JUSTICE WITH DATA ABOUT
13 THE AGE, RACE, AND GRADE LEVEL OF THE STUDENTS,
14 AND TO PROVIDE THESE RECORDS AND REPORTS ARE
15 PUBLIC RECORDS SUBJECT TO DISCLOSURE UNDER THE
16 FREEDOM OF INFORMATION ACT; TO AMEND SECTION
17 5-7-12, AS AMENDED, RELATING TO SCHOOL RESOURCE
18 OFFICERS, SO AS TO CLARIFY THE ROLE OF SCHOOL
19 RESOURCE OFFICERS; TO AMEND SECTION 16-17-420,
20 RELATING TO OFFENSES INVOLVING DISTURBING
21 SCHOOLS, SO AS TO RESTRUCTURE THE OFFENSES TO
22 PROVIDE A DELINEATED LIST OF THOSE ACTIONS
23 WHICH INVOLVE DISTURBING SCHOOLS, TO REVISE THE
24 PENALTY FOR A VIOLATION OF A DISTURBING
25 SCHOOLS OFFENSE, AND TO PROVIDE AN EXCEPTION
26 FOR SCHOOL-SPONSORED ATHLETIC EVENTS; AND TO
27 REPEAL SECTIONS 59-63-235 AND 59-63-240 BOTH
28 RELATING TO SCHOOL EXPULSIONS.
29
30 Whereas, the South Carolina General Assembly finds that our
31 public schools must be safe spaces for students where they can
32 learn in a secure, nurturing environment free of inappropriate
33 distractions and fear; and
34
35 Whereas, the South Carolina General Assembly finds that the
36 interests of safety taken to the extreme can have tragic, unintended
37 consequences for at-risk youth whose juvenile missteps can
38 unjustly trigger an irreversible, inevitable descent from education
39 and the optimistic future it can provide to incarceration and a very
40 bleak, hopeless future; and
41
42 Whereas, the South Carolina General Assembly finds that a means
43 of just discipline is necessary for creating and maintaining safe

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 1 schools, with teachers and administrators serving as the primary
2 authorities charged with administering discipline and maintaining
3 order in our public schools; and
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5 Whereas, the South Carolina General Assembly finds that school
6 resource officers provide an important supplementary role in
7 creating safe schools by both acting to deter misconduct and to
8 intervene in criminal matters occurring in schools, but recent
9 trends indicate the role of school resource officers has expanded
10 beyond the bounds of law enforcement and into routine
11 disciplinary matters that are the province of school administrators
12 and teachers; and
13
14 Whereas, the South Carolina General Assembly recognizes that the
15 respective roles of public school employees and school resource
16 officers in the pursuit of just, safe schools must be clearly
17 delineated, and also that a healthy measure of common sense must
18 be applied to promote true justice in our public school disciplinary
19 process while maintaining order necessary for a safe learning
20 environment. Now, therefore,
21
22 Be it enacted by the General Assembly of the State of South
23 Carolina:
24
25 SECTION 1. Chapter 23, Title 23 of the 1976 Code is amended
26 by adding:
27
28 “Section 23-23-117. (A) Before January 1, 2018, the Criminal
29 Justice Academy shall develop and implement a cultural
30 competency model training program curriculum for school
31 resource officers. The cultural competency model training program
32 curriculum must:
33 (1) teach behaviors, attitudes, and policies that enable law
34 enforcement officers to understand, communicate with, and
35 effectively interact with the individuals, organizations, and
36 institutions in the community in the public school to which a law
37 enforcement officer is assigned;
38 (2) provide personal exposure to the individuals,
39 organizations, and institutions within the assigned community; and
40 (3) provide knowledge of governmental and community
41 services available to help prevent juvenile arrests.
42 (B) A person serving as a school resource officer on December
43 31, 2017, must complete the cultural competency training program

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 1 provided in subsection (A) before January 1, 2019, in addition to
2 satisfying other applicable requirements. After December 31,
3 2017, a person may not begin his initial assignment as a school
4 resource officer without completing the cultural competency
5 program provided in subsection (A) and other applicable
6 requirements.”
7
8 SECTION 2. Chapter 26, Title 59 of the 1976 Code is amended
9 by adding:
10
11 “Section 59-26-120. (A) Beginning with the 2017-2018 school
12 year, the Department of Education shall require one hour of
13 training in conflict intervention and resolution as a requirement for
14 the renewal of credentials of teachers and administrators employed
15 in a middle school or high school as defined in Section 59-1-150.
16 The required training must count toward the one hundred twenty
17 renewal credits specified in State Department of Education
18 regulations for renewal of credentials. The department shall
19 develop guidelines suitable for training and materials that may be
20 used by schools and districts but districts may select and approve
21 materials to be used in providing training for its employees. These
22 guidelines must provide teachers and administrators with the tools
23 necessary to properly intervene and resolve conflict with students
24 and among students.
25 (B) No person may have a cause of action for a loss or damage
26 caused by any act or omission resulting from the implementation
27 of the provisions of this section or resulting from any training, or
28 lack of training, required by this section unless the loss or damage
29 was caused by wilful or wanton misconduct. The training, or lack
30 of training, required by the provisions of this section must not be
31 construed to impose any specific duty of care.”
32
33 SECTION 3. Article 3, Chapter 63, Title 59 of the 1976 Code is
34 amended by adding:
35
36 “Section 59-63-212. (A) It is a policy of this State to promote
37 a safe and supportive learning environment in schools, to protect
38 students and staff from conduct that poses a serious threat to
39 school safety, and to encourage schools to use alternatives to
40 expulsion or referral to law enforcement agencies by addressing
41 disruptive behavior through restitution, civil citation, teen court,
42 neighborhood restorative justice, or similar programs.
43 Consequently, zero-tolerance policies must not be rigorously

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 1 applied to petty acts of misconduct and misdemeanors, including,
2 but not limited to, minor altercations or disturbances. A school
3 must strive to conscientiously enforce zero-tolerance policies
4 equally to all students regardless of their economic status, race, or
5 disability.
6 (B) Each district school board shall adopt a policy of zero
7 tolerance that:
8 (1) defines criteria for reporting to a law enforcement
9 agency an act that occurs in a time or place where students are
10 within the jurisdiction of the district school board;
11 (2) defines acts that pose a serious threat to school safety;
12 (3) defines petty acts of misconduct;
13 (4) minimizes the victimization of students, staff, or
14 volunteers, including taking all steps necessary to protect the
15 victim of a violent crime from further victimization; and
16 (5) establishes a procedure that provides each student with
17 the opportunity for a review of the disciplinary action involving a
18 zero-tolerance violation.
19 (C)(1) A zero-tolerance policy must require a student found to
20 have committed one of the following offenses to be expelled, with
21 or without continuing educational services, from the student’s
22 regular school for a period of not less than one full year, and to be
23 referred to the criminal justice or juvenile justice system:
24 (a) bringing a firearm or other deadly weapon to a school,
25 to a school function, or on school-sponsored transportation;
26 (b) making a threat or false report involving school or
27 school personnel’s property, school transportation, or a
28 school-sponsored activity; or
29 (c) both.
30 (2) A district school board may assign the student to a
31 disciplinary program for the purpose of continuing educational
32 services during the period of expulsion. A district school
33 superintendent may consider the one-year expulsion requirement
34 on an individual basis and request the district school board to
35 modify the requirement by assigning the student to a disciplinary
36 program or an alternative school if the request for modification is
37 in writing and it is determined to be in the best interest of the
38 student and the school system. If a student committing an offense
39 in this subsection is a student who has a disability, the district
40 school board shall comply with applicable State Board of
41 Education rules and regulations.
42 (D)(1) A district school board shall enter into agreements with
43 the county sheriff’s office and local police department specifying

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 1 guidelines for ensuring that acts that pose a serious threat to school
2 safety, whether committed by a student or adult, are reported to a
3 law enforcement agency.
4 (2) The agreements required pursuant to item (1) must
5 include the role of school resource officers, if applicable, in
6 handling reported incidents, circumstances in which school
7 officials may handle incidents without filing a report with a law
8 enforcement agency, and a procedure for ensuring that school
9 personnel properly report appropriate delinquent acts and crimes.
10 (3) A zero-tolerance policy may not require the reporting of
11 petty acts of misconduct and misdemeanors to a law enforcement
12 agency.
13 (4) The school principal shall ensure that all school
14 personnel are properly informed of their responsibilities regarding
15 crime reporting, that appropriate delinquent acts and crimes are
16 properly reported, and that actions taken in cases with special
17 circumstances are properly taken and documented.
18 (E) Notwithstanding another provision of law, each district
19 school board shall adopt rules providing that any student found to
20 have committed the offense of threatening bodily harm or
21 threatening the life of a public official including school district
22 employees as provided in Section 16-3-1040, or the offense of
23 disturbing schools as provided in Section 16-17-420, must be
24 expelled or placed in an alternative school setting or other
25 program, as appropriate. Upon being charged with the offense, the
26 student must be removed from the classroom immediately and
27 placed in an alternative school setting pending disposition.
28 (F) Any disciplinary or prosecutorial action taken against a
29 student who violates a zero-tolerance policy must be based on the
30 particular circumstances of the student’s misconduct.
31 (G) School districts are encouraged to use alternatives to
32 expulsion or referral to law enforcement agencies unless the use of
33 such alternatives will pose a threat to school safety.
34 (H) To the extent a provision of this section conflicts with
35 another provision of this chapter, the provisions of this section
36 must prevail.”
37
38 SECTION 4. Article 3, Chapter 63, Title 59 of the 1976 Code is
39 amended by adding:
40
41 “Section 59-63-215. (A) A public school shall maintain a
42 record of each student suspension, expulsions, and referral the
43 Department of Juvenile Justice for that school. The record must

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 1 include the age, race, and grade level of each such suspension,
2 expulsion, and referral. The school shall report this information for
3 the preceding school year to its superintendent and the State
4 Department of Education annually before August first.
5 (B) A public school district shall maintain a record of each
6 student suspension, expulsion, and referral to the Department of
7 Juvenile Justice for that district. The record must include the age,
8 race, and grade level of each such suspension, expulsion, and
9 referral. The district shall report this information for the preceding
10 school year to the State Department of Education annually before
11 October first.
12 (C) The State Department of Education shall maintain a record
13 of each student suspension, expulsion, and referral to the
14 Department of Juvenile Justice for the State. The record must
15 include the age, race, and grade level of each such suspension,
16 expulsion, and referral. The department shall report this
17 information for the preceding school year to the General Assembly
18 annually before December first.
19 (D) The records and reports provided in this section are public
20 records subject to the Freedom of Information Act, except that
21 names and other personally identifying information other than age,
22 race, and grade level may not be disclosed.”
23
24 SECTION 5. Section 5-7-12 of the 1976 Code, as last amended
25 by Act 267 of 2008, is further amended to read:
26
27 “Section 5-7-12. (A) The governing body of a municipality or
28 county may, upon the request of another governing body or of
29 another political subdivision of the State, including school
30 districts, designate certain officers to be assigned to the duty of a
31 school resource officer and to work within the school systems of
32 the municipality or county. The person assigned as a school
33 resource officer shall have has statewide jurisdiction only to arrest
34 persons committing crimes in connection with a school activity or
35 school-sponsored event. In all circumstances in which a school
36 resource officer arrests a student for a misdemeanor offense, the
37 officer may issue a courtesy summons to appear to a student
38 involved in the particular incident in connection with a school
39 activity or school-sponsored event. Notwithstanding another
40 provision of law, a student arrested for a misdemeanor offense by a
41 school resource officer must have a bond hearing in magistrates
42 court within twenty-four hours of his arrest. When acting pursuant
43 to this section and outside of the sworn municipality or county of

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 1 the school resource officer, the officer shall enjoy all authority,
2 rights, privileges, and immunities, including coverage under the
3 workers’ compensation laws that he would have enjoyed if
4 operating in his sworn jurisdiction.
5 (B) For purposes of this section, a ‘school resource officer’ is
6 defined as a person who is a sworn law enforcement officer
7 pursuant to the requirements of any jurisdiction of this State, who
8 has completed the basic course of instruction for School Resource
9 Officers as provided or recognized by the National Association of
10 School Resource Officers or the South Carolina Criminal Justice
11 Academy, and who is assigned to one or more school districts
12 within this State to have as a primary duty the responsibility to act
13 as a law enforcement officer, advisor, and teacher for that school
14 district to respond to incidents of criminal behavior in connection
15 with a school activity or school-sponsored event.”
16
17 SECTION 6. Section 16-17-420 of the 1976 Code is amended to
18 read:
19
20 “Section 16-17-420. (A) It shall be is unlawful:
21 (1) for any person wilfully or unnecessarily (a) to interfere
22 with or to disturb in any way or in any place the students or
23 teachers of any school or college in this State, (b) to loiter about
24 such school or college premises or (c) to act in an obnoxious
25 manner thereon; or
26 (2) for any person to (a) enter upon any such school or
27 college premises or (b) loiter around the premises, except on
28 business, without the permission of the principal or president in
29 charge. for a person who is not a student to wilfully interfere with,
30 disrupt, or disturb the normal operations of a school or college in
31 this State by:
32 (1) entering upon school or college grounds or property
33 without the permission of the principal or president in charge;
34 (2) loitering upon or about school or college grounds or
35 property, after notice is given to vacate the grounds or property
36 and after having reasonable opportunity to vacate;
37 (3) initiating a physical assault on, or fighting with, another
38 person on school or college grounds or property;
39 (4) being loud or boisterous on school or college grounds or
40 property after instruction by school or college personnel to refrain
41 from the conduct;

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 1 (5) threatening physical harm to a student or school or
2 college employee while on school or college grounds or property;
3 or
4 (6) threatening the use of deadly force on school or college
5 property or involving school or college grounds or property when
6 the person has the present ability, or is reasonably believed to have
7 the present ability, to carry out the threat.
8 For the purpose of this subsection, ‘person who is not a student’
9 means a person who is not enrolled in, or who is suspended or
10 expelled from, the school or college that the person interferes with,
11 disrupts, or disturbs at the time the interference, disruption, or
12 disturbance occurs.
13 (B) Any person violating any of the provisions who violates a
14 provision of this section shall be is guilty of a misdemeanor and,
15 on upon conviction thereof, shall pay a fine of, must be fined not
16 more than one two thousand dollars or be imprisoned in the county
17 jail for not more than ninety days one year.
18 (C) Notwithstanding the provisions of Sections 22 -3-540,
19 22-3-545, and 22-3-550, the summary courts are vested with
20 exclusive jurisdiction to hear and dispose of cases involving a
21 violation of this section. However, if the person is a child as
22 defined by Section 63-19-20, jurisdiction must remain vested in
23 the Family Court.
24 (D) The provisions of this section do not apply to
25 school-sponsored athletic events.”
26
27 SECTION 7. If any section, subsection, paragraph, subparagraph,
28 sentence, clause, phrase, or word of this act is for any reason held
29 to be unconstitutional or invalid, such holding shall not affect the
30 constitutionality or validity of the remaining portions of this act,
31 the General Assembly hereby declaring that it would have passed
32 this act, and each and every section, subsection, paragraph,
33 subparagraph, sentence, clause, phrase, and word thereof,
34 irrespective of the fact that any one or more other sections,
35 subsections, paragraphs, subparagraphs, sentences, clauses,
36 phrases, or words hereof may be declared to be unconstitutional,
37 invalid, or otherwise ineffective.
38
39 SECTION 8. Sections 59-63-235 and 59-63-240 of the 1976
40 Code are repealed.
41
42 SECTION 9. Except as otherwise provided herein, this act takes
43 effect upon approval of the Governor.

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