A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 14 TO CHAPTER 63, TITLE 59, SO AS TO DEFINE TERMS RELATED TO EDUCATOR SAFETY AND CLASSROOM AUTHORITY; TO INCLUDE RELEVANT EDUCATOR CLASSROOM AUTHORITY; TO PROVIDE FOR REFERRAL, REMOVAL, AND ADMINISTRATIVE FOLLOW-UP PROCESSES; TO PROVIDE PROTECTIONS FOR EDUCATORS, ADMINISTRATORS, AND STAFF; TO CREATE DUTIES FOR THE STATE BOARD OF EDUCATION; AND TO REQUIRE LOCAL DISTRICT BOARD OF TRUSTEES TO REVISE THEIR STUDENT AND STAFF CODES OF CONDUCT TO CONFORM WITH THIS ARTICLE WITHIN ONE YEAR OF THE DATE OF ENACTMENT.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 63, Title 59 of the S.C. Code is amended by adding:

 

Article 15

 

Educator Safety and Classroom Authority

 

    Section 59-63-1500.  As used in this article:

    (1) "Abusive language" includes but is not limited to:

       (a) profane or obscene language that is verbal, written, or digital and directed at school staff;

       (b) name calling, which entails behavior intended to provoke someone in an insulting or contemptuous manner that is verbal, written, or digital; or

       (c) vulgar language, slurs, derogatory comments, defiance, or obscene gestures.

    (2) "Administrator" means the school principal or the principal's designated representative.

    (3) "Criminal conduct" means those activities defined in law and engaged in by a student that result in violence to oneself or another person or property or which pose a direct and serious threat to the safety of oneself or others in the school.

    (4) "Department" means the South Carolina Department of Education.

    (5) "Disruptive conduct" means student conduct that:

       (a) is directed against persons or property, the consequences of which tend to endanger the health or safety of oneself or others in the school;

       (b) significantly prevents a teacher from delivering planned lessons or maintaining an orderly classroom;

       (c) materially disrupts the learning environment for other students, including repeated refusal to follow directions; or

       (d) requires frequent or intensive intervention by school personnel to restore order.

    (6) "Educator" means any member of the instructional staff in an elementary or secondary public school to whom students are assigned for instruction, including but not limited to, classroom teachers, special education students, instructional aides, and others designated by the principal.

    (7) "Removal" means the act of requiring a student to leave the classrooms because of disruptive, abusive, or otherwise inappropriate behavior, pending further administrative disciplinary action.

    (8) "School" means a classroom, on school premises, on a school bus or other school-owned vehicle, at an official school bus stop, at school-sponsored activity or event, whether or not it is held on school premises or at another program or function where the school is responsible for the supervision and care of students.

    (9) "Staff" means all administrators, educators, or other employees of the school or districts.

    (10) "Student code of conduct" means the written conduct policy adopted by the local school district board of trustees.

    (11) "Threat of violence" means any statement, gesture, or other form of communication that conveys an intent to cause serious bodily injury or death to a student, school employee, or other person on school property, and that a responsible person would interpret as credible and imminent.

    (12) "Violence" means an action that causes physical harm.

 

    Section 59-63-1510.  (A) Students enrolled in a public school in this State are expected to:

       (1) follow schools rules;

       (2) respect the authority of school staff; and

       (3) engage in interventions or supports assigned in response to student misconduct.

    (B) Educators shall establish classroom rules and expectations for their students that are consistent with state law, state board of education policy, and local school district board policy, communicate them with parents, and implement consistent in-class routines to support effective classrooms management, engaging instruction, and clear expectations for student behavior.

    (C) Staff shall have authority over the classroom and all students enrolled in the school from the time students board school transportation or arrive at school for the state of the instructional day until the time they depart school grounds or have departed school transportation at the conclusion of the instructional day.

    (D) Subject to state law and district board policy, educators shall have explicit authority to:

       (1) establish classroom rules of conduct, movement, and decorum, consistent with state and district policy;

       (2) establish and implement consequences for violations of classroom rules designed to correct behavior consistent with state and district policy;

       (3) remove, or have removed, disobedient, violent, abusive, uncontrollable, or disruptive students from the classroom for behavior-management intervention;

       (4) direct students who are violent, abusive, or persistently disruptive for further intervention to appropriate school or district personnel;

       (5) assist in enforcing school rules not only in the classroom, but elsewhere on school property, during school-sponsored transportation, and during school-sponsored activities;

       (6) request and receive information from school administration about the disposition of referrals made to administration for violations of classroom or school rules;

       (7) request and receive immediate assistance from administration when a situation in the classroom becomes unsafe or unmanageable;

       (8) request professional development and training in classroom management, conflict resolution, violence prevention, and other related areas;

       (9) press charges, or refer for legal action, if they believe they are the victim of a crime that has taken place on school property during school-sponsored transportation or during school-sponsored events; and

       (10) use reasonable physical force to protect themselves or others from harm.

 

    Section 59-63-1520.  (A) If repeated attempts to direct students to correct their behavior are unsuccessful, then educators may escalate interventions for minor classroom infractions, including but not limited to assigning lunch detention. In the instance of more serious or persistent student misconduct, an educator may refer a student to the appropriate administrator's office for discipline, with a written recommendation of a consequence aligned with the district code of conduct. If an administrator disagrees with the actions of the teacher, then the administrator may provide written documentation of their disagreement. However, an administrator shall not alter or destroy a student discipline referral written by a teacher. The school shall use a systematic and escalating approach to determine appropriate discipline consequences that align with requirements in the code of student conduct adopted by the State Board. An administrator shall make the final decision on discipline consequences.

    (B) Upon receiving a referral, the administrator shall determine whether the student violated the student code of conduct. If a violation is found, then the administrator may accept the educator's recommended consequence, impose a more serious consequence if justified by the student's behavioral history, or determine an appropriate consequence based on the circumstances. The administrator shall notify the educator in writing of the disposition of the referral, whether discipline is imposed, and of any consequences, interventions or supports provided.

    (C) An educator may have a student removed from class if the student engages in disruptive criminal conduct. After removal, an administrator may place the student in another classroom, in-school suspension, or other appropriate setting consistent with district policy. Students removed from the classroom, under this section must receive appropriate educational services that allow them to continue their learning while removed from the regular classroom. School administration must notify the parent or guardian of a student removed from a classroom for disruptive or criminal conduct. This notification must include the reason for removal, duration of exclusion, and options for review, appeal, or alternative educational placement. A student removed from the classroom for disruptive or criminal conduct may not return to the educator's classroom on the same day as the incident and until the student's parent or guardian has affirmed in writing that they are aware of the specific conditions required for the return to the classroom as well as the consequences for subsequent behaviors that are disruptive, defiant, or violent and in violation of the established conditions of the return. School administration must document each removal, including the behavior leading to removal and any mitigation or corrective steps. In the event of student behavior resulting in violence against an educator, the school shall permanently remove the student from the educator's classroom.

 

    Section 59-63-1530.  (A) If an educator, administrator, or staff acts pursuant to the authority granted under this article, then there shall be a rebuttable presumption that the educator, administrator, or staff acted in good faith to restore or maintain a safe or orderly learning environment.

    (B) To the extent allowed by law and district policy, an educator, administrator, or staff acting under the authority granted under this article shall not be civilly or criminally liable for actions reasonably taken in conformity with this article, except in cases of gross negligence, willful misconduct, or use of excessive force.

    (C) The department shall:

       (1) develop guidance to support districts in strengthening classroom management training and the implementation of student codes of conduct; and

       (2) create a statewide classroom management framework and provide related training.

    (D) Districts shall not suspend, terminate, or otherwise discipline educators, administrators, or staff for actions taken in conformity with the provisions of this section.

    (E) The Commission on Higher Education shall provide support to institutions of higher education in strengthening classroom management training for those enrolled in educator preparation programs.

 

    Section 59-63-1540.  The State Board of Education shall develop standards and model policies to assist local school districts in implementing this article. The standards and model policies must include:

    (1) a description of expectations for the classroom environment and appropriate student behavior;

    (2) standards to ensure that persistently disruptive student behaviors do not substantially disrupt the effective operations of a classroom or school;

    (3) standards for "reasonable force" that align with best practices and legal principles;

    (4) standards to prohibit threats of violence or abusive language along with procedures for reporting and investigating these acts;

    (5) requirements for data collection and reporting related to discipline incidents described in this article; and

    (6) minimum standards and requirements for professional development related to student discipline and classroom management.

 

    Section 59-63-1550.  (A) Local district board of trustees shall revise their student and staff codes of conduct to conform with this article within one year of the date of enactment. Parents, guardians, school staff, students, and community representatives shall be involved in the revision of these codes.

    (B) The department shall provide technical assistance to local district board of trustees when revising codes.

    (C) Notwithstanding any conflicting local policies, the provisions of this article concerning educator authority, removal, and placement review shall prevail.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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