S 421

South Carolina General Assembly
126th Session, 2025-2026
Bill 421
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 59-63-100, RELATING TO PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES OF
PUBLIC SCHOOL DISTRICTS BY HOME SCHOOL, CHARTER SCHOOL, AND GOVERNOR'S SCHOOL STUDENTS,
SO AS TO INCLUDE PARTICIPATION IN COCURRICULAR ACTIVITIES, EXTRACURRICULAR
ACTIVITIES, AND CAREER AND TECHNICAL EDUCATION, AND TO PROVIDE EQUAL TREATMENT
FOR SUCH STUDENTS AND STUDENTS ENROLLED IN PUBLIC SCHOOLS IN THE DISTRICT, AND
TO DEFINE "CAREER AND TECHNICAL EDUCATION," "COCURRICULAR ACTIVITIES," AND
"EXTRACURRICULAR ACTIVITIES," AMONG OTHER THINGS.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 59-63-100 of the S.C. Code is amended to read:
    Section
59-63-100. (A) As used in this
section:
       (1) "Career and technical education"
includes, but is not limited to, cosmetology, shop, machining, welding,
vocational, and technical education.
       (1)(2) "Charter school student" is a child enrolled in a
charter school established pursuant to Chapter 40, Title 59.
       (3) "Cocurricular activities" include
any school activities that merge an extracurricular activity with an academic
course.
       (4) "Extracurricular activities"
include, but are not limited to, athletics, band, orchestra, chorus, drama,
theatre, speech, debate, junior reserve officer training corps programs and
activities, and career and technical education.
       (2)(5) "Governor's school student" is a child enrolled at a
Governor's school established pursuant to this title.
       (3)(6) "Home school student" is a child taught in accordance
with Section 59-65-40, 59-65-45, or 59-65-47 and has been
taught in accordance with one of these sections for a full academic year prior
to participating in an interscholastic activity pursuant to this section.
       (4)(7) "Interscholastic activities" includes,
but is include, but are not limited to,
athletics, music, speech, and other extracurricular activities.
    (B)
Individual Governor's school students and home school students may not be
denied by a school district the opportunity to participate in interscholastic
activities, cocurricular activities, extracurricular
activities, or career and technical education on the same basis as a full-time
student enrolled in the district if the:
       (1)
student meets all school district eligibility requirements with the exception
of the:
  (a)
school district's school or class attendance requirements; and
  (b)
class and enrollment requirements of the associations or
the school district administering the interscholastic activities, cocurricular activities, extracurricular activities, or career
and technical education;
       (2)
student's teacher, in the case of a Governor's school student, certifies by
submitting an affidavit to the school district that the student fully complies
with the law and any attendance, class, or enrollment requirements for a
Governor's school. In addition, a charter school student's teacher, in the same
manner required by this subsection for a Governor's school student, also must
certify by affidavit to the student's school district that the student fully
complies with the law and any attendance, class, or enrollment requirements for
a charter school in order for the student to participate in interscholastic
activities, cocurricular activities, extracurricular
activities, or career and technical education in the manner permitted by
Chapter 40 of this title;
       (3)
student participating in interscholastic activities,
cocurricular activities, extracurricular activities, or career and technical
education:
  (a)
resides within the attendance boundaries of the school for which the student
participates; or
  (b)
in the case of a Governor's school student, resides or attends a Governor's
school within the attendance boundaries of the school for which the student
participates; and
       (4)
student notifies the superintendent of the school district in writing of his
intent to participate in the interscholastic activity,
cocurricular activity, extracurricular activity, or career and technical
education as a representative of the school before the beginning date of
the season for the activity in which he wishes to participate.
    (C)
A public school student who has been unable to maintain academic eligibility is
ineligible to participate in interscholastic activities as a charter school
student, Governor's school student, or home school student for the following
semester. To establish eligibility for subsequent school years, the student's
teacher shall certify by submitting an affidavit to the school district that
the student meets the relevant policies of the school at which the student
wishes to participate.
    (D)
A Governor's school student or home school student is required to fulfill the
same responsibilities and standards of behavior and performance, including
related practice requirements, of other students participating in the
interscholastic activities of the team or squad and is required to meet the
same standards for acceptance on the team or squad. A
Governor's school student or home school student is required to fulfill the
same responsibilities and standards of behavior as other students participating
in the cocurricular activities, extracurricular activities, or career and
technical education.
    (E)
A Governor's school may not be denied by a school district the opportunity to
have a team representing the school participate in interscholastic activities
if the team meets the same eligibility requirements of other teams. An
individual Governor's school student may not participate in an interscholastic
activity of a public school district if the school that the student is enrolled
in has a team or squad participating in that interscholastic activity.
    (F)
A school district may not contract with a private entity that supervises
interscholastic activities, cocurricular activities,
extracurricular activities, or career and technical education if the
private entity prohibits the participation of charter school students, Governor's
school students, or home school students in interscholastic activities, cocurricular activities, extracurricular activities, or career
and technical education.
    (G) A school district may not charge a
Governor's school student or a home school student a participation fee or
otherwise assess any cost, require any reimbursement, or impose any other
charge for the student to participate in a cocurricular activity,
extracurricular activity, or career and technical education offered by the
district that is not also charged, assessed, required, or imposed on students
enrolled full-time in the district for their participation in the activity.
    (H) A home school student who
participates in interscholastic activities, cocurricular activity,
extracurricular activity, or career and technical education pursuant to this
section must be included in the average daily attendance of the school district
in which the student resides and must be counted based on the amount of time
the student spends in the public school for the activity or career and
technical education.
    (I) A school district may not place
any additional requirements on a home school student who participates in
interscholastic activities, cocurricular activities, extracurricular
activities, or career and technical education pursuant to this section beyond
those in Section 59-65-40, 59-65-45, or 59-65-47.
    (J) For purposes of this section, a
Governor's school student or a home school student may participate at the same
time in interscholastic activities, curricular activities, extracurricular
activities, and career and technical education, without limitation or
additional requirements imposed by the district that are not placed on students
enrolled in the district.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on March 06, 2025 at 04:24 PM