Can a foreign exchange student at a South Carolina charter school join a public high school team?

Plain-English summary

A foreign exchange student attending a charter school asked to play on a public high school's team because the charter school did not have one. The Attorney General concluded that the equal-access statutes cited in the request did not authorize this arrangement. It read the charter-school activity rule as tied to the “resident public school,” defined by where the student's custodial parent or legal guardian lives. The opinion said those provisions were intended to give South Carolina resident charter-school students access comparable to public-school students.

What this means for you

Charter-school students and families

The opinion explained that a charter-school student can be eligible to compete for an activity the charter school does not offer at the resident public school the student would otherwise attend. Its answer to this request was narrower: the cited provisions did not authorize a foreign exchange student at a charter school to use that route.

School and athletics officials

The opinion read the equal-access section together with the charter-school section, which refers to the student's resident public school and its eligibility standards. It did not decide every possible route to athletic eligibility; it decided that these statutes did not authorize the foreign exchange student's proposed participation.

Common questions

Q: Can a charter-school student play on a public high school team when the charter school has no team?
A: The statute quoted in the opinion permits an eligible charter-school student to compete for an activity not offered at the charter school at the student's resident public school. The opinion said that provision did not authorize the foreign exchange student described in the request.

Q: How does the statute identify a charter student's resident public school?
A: The opinion quoted the definition based on the attendance boundaries where the student's custodial parent or legal guardian resides.

Q: Did the opinion grant a foreign exchange student an equal-access exception?
A: No. It concluded the cited provisions did not authorize a foreign exchange student attending a charter school to participate in a public high school's interscholastic activities.

Background and statutory framework

S.C. Code Ann. § 59-63-100 addresses access to public-school interscholastic activities and includes a teacher-affidavit requirement for charter-school students. The opinion read that provision with S.C. Code Ann. § 59-40-50(C)(3), which addresses a charter student's participation at the resident public school when the charter school does not offer the activity. It also quoted the resident-public-school definition from S.C. Code Ann. § 59-40-40. The office found that the residence language limited the route described in the request.

Citations and references

The official PDF quotes the three cited code provisions and discusses the Equal Access to Interscholastic Activities Act, identified there as 2012 S.C. Acts 203.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/opinion-on-the-application-of-sc-code-ann-section-59-63-100-as-it-relates-to-the-south-carolina-high-school-leagues-eligibility-rules-for-foreign-exchange-students/
• Original PDF: https://www.scag.gov/media/0vgjtmdv/02832223.pdf

Original opinion text

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Alan Wilson
Attorney General

November 22, 2021

Commissioner Jerome P. Singleton

South Carolina High School League
PO Box 21 1575

Columbia, SC 29221-6575
Dear Commissioner Singleton:

You have requested an opinion of this Office regarding the applicability of section 59-63-100 of the South Carolina Code of Laws, which provides for the participation of home school, charter

school, and Governor's school students in the interscholastic activities of public schools, to a foreign exchange student who is attending a charter school. You explain that a foreign exchange student who is in South Carolina for one year is attending a charter school. The charter school is not a member of the South Carolina High School League and does not have a team. The foreign exchange student would therefore like to play on the public high school's team. LAW/ANALYSIS

The State Legislature has enacted the Equal Access to Interscholastic Activities Act, which is codified at S.C. Code Ann. § 59-63-100 (1976 Code, as amended), and provides: (A) As used in this section:

(1) "Charter school student" is a child enrolled in a charter school established pursuant to Chapter 40, Title 59.

(2) "Governor's school student" is a child enrolled at a Governor's school established pursuant to this title.

(3) "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.

RembertC. Dennis Building

.

Post Office Box 11549

. Columbia, SC 2921 1-1549

. Telephone 803-734-3970

. Facsimile 803-253-6283

Commissioner Jerome P. Singleton
Page 2
November 22, 2021

(4) "Interscholastic activities" includes, but is 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 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
administering the interscholastic activities;

of

the

associations

(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 bv 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 in the manner permitted bv Chapter 40 of this title:

(3) student participating in interscholastic activities:

(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 as a representative of the school before the beginning date of the season for the activity in which he wishes to participate ....

Commissioner Jerome P. Singleton
Page 3

November 22, 2021

It is well settled that the title or caption of an act may be considered to aid in the construction of a statute and to show the intent of the Legislature. Lindsay v. Southern Farm Bureau Cas. Ins.

Co, 258 S.C. 272, 188 S.E.2d 374 (1972). University of S.C. v. Elliott. 248 S.C. 218, 149 S.E.2d 433 (1966). The title of the act enacting section 59-63-100 provides: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH

CAROLINA, 1976, SO AS TO ENACT THE "EQUAL ACCESS
TO INTERSCHOLASTIC ACTIVITIES

ACT" BY ADDING

SECTION 59-63-100 SO AS TO PERMIT HOME SCHOOL

STUDENTS AND GOVERNORS SCHOOL STUDENTS TO
PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE
SCHOOL DISTRICT IN WHICH THE STUDENTS RESIDE
SUBJECT TO CERTAIN CONDITIONS, AND TO PROVIDE
ADDITIONAL REQUIREMENTS FOR CHARTER SCHOOL

STUDENTS TO
ACTIVITIES.

PARTICIPATE

IN

INTERSCHOLASTIC

2012 S.C. Acts 203.

This Office has previously discussed the title of Act 203:
[t]he Legislature's purpose in passing the Act is made clear in its opening provision and title, which is "to permit home school students

and

Governor's

school

students

to

participate

in

interscholastic activities of the school district in which the students reside subject to certain conditions, and to provide additional requirements for charter school students to participate in interscholastic activities." Act. No. 203, 2012 S.C. Acts 1809.

Simply put, as the Act's title states, the Legislature intended to access for home school, charter school, and

provide equal

Governor's

school

students

to

participate

in

interscholastic

activities. Id.

Op. S.C. Attv. Gen.. 2014 WL 4659413 (Sept. 8, 2014).
We continued:

In other words, through the passage of the Act, the Legislature intended to put home school, charter school, and Governor's school students on a level playing field with public school students in regards to participation in extracurricular activities. Id.

Commissioner Jerome P. Singleton
Page 4
November 22, 2021

While Act 203 permits home school and Governor's school students to participate in the interscholastic activities of the school district in which they reside subject to certain conditions, it merely provides charter school students with an additional requirement to participate. Section 59-63-1 00(B)(2) requires a charter school student's teacher to certify 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 in the manner permitted by Chapter 40 of this title." S.C. Code Ann. § 59-63-1 00(B)(2). Chapter 40 provides for charter schools and contains section 59-40-50(C)(3), which specifically addresses a charter school student's eligibility to participate in extracurricular activities at a public school. Section 59-40-50(C)(3) provides: (3)(a) A charter school is eligible for federally sponsored, statesponsored or district-sponsored interscholastic leagues, competitions, awards, scholarships, grants, and recognition

programs for students, educators, administrators, staff, and schools to the same extent as all other public schools. (b) A charter school student is eligible to compete for, and if selected, participate in any extracurricular activities not offered by the student's charter school which are offered at the resident public school he would otherwise attend. A charter school student is eligible to compete for, and if selected, participate in an activity governed by the South Carolina High School League offered at the resident public school he would otherwise attend if the leaguegoverned activity is not offered at the student's charter school. (c) A charter school student is eligible for extracurricular activities

at the student's resident public school consistent with eligibility standards as applied to full-time students of the resident public school.

(d) A school district or resident public school may not impose additional requirements on a charter school student to participate in extracurricular activities that are not imposed on full-time students of the resident public school.

(e) Charter school students shall pay the same fees as other students to participate in extracurricular activities.

(f) Charter school students shall be eligible for the same fee waivers for which other students are eligible.

Commissioner Jerome P. Singleton
Page 5

November 22, 2021

S.C. Code Ann. § 59-40-50(C)(3) (1976 Code, as amended) (emphasis added). Section 59-40-50(C)(3) emphasizes that a charter school student who meets certain criteria is

eligible to compete at his resident public school. According to the definitions in section 59-40 40, '"Resident public school* means the school, other than a charter school, within whose attendance boundaries the charter school student's custodial parent or legal guardian resides." S.C. Code Ann. § 59-40-40 (1976 Code, as amended). After reading sections 59-63-100 and 59-40-50(C)(3) together, it is our opinion that they are not applicable to foreign exchange students who attend a charter school. The Legislature specifically

used the word "resident" to describe the public school.

Additionally, a foreign exchange

student's custodial parent or legal guardian would not reside within the attendance boundaries of a public school.

Both of these factors lead us to conclude that legislative intent was for charter

school students who are residents of South Carolina to have equal access with public school

students to participate in interscholastic activities. We therefore believe that sections 59-63-100 and 59-40-50(C)(3) do not authorize foreign exchange students attending charter schools to participate in the interscholastic activities of public high schools. CONCLUSION

It is our opinion that sections 59-63-100 and 59-40-50(C)(3) do not authorize foreign exchange students attending charter schools to participate in the interscholastic activities of public high

schools.

Instead, we believe that legislative intent was for charter school students who are

residents of South Carolina to have equal access with public school students to participate in interscholastic activities. Sincerely,

Elinor V. Lister

Assistant Attorney General

REVIEWED AND APPROVED BY:

Robert D. Cook
Solicitor General

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