Indicates Matter Stricken

Indicates New Matter

 

Committee Report

April 22, 2026

 

S. 416

 

Introduced by Senators Hembree and Alexander

 

S. Printed 4/22/26--H.

Read the first time April 30, 2025

 

________

 

The committee on House Education and Public Works

To whom was referred a Bill (S. 416) to amend the South Carolina Code of Laws by amending Section 59-63-210, relating to grounds for which trustees may expel, suspend, or transfer pupils; petitions, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

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

 

Article 6

Educator Safety and Classroom Authority

 

    Section 59-63-610. As used in this article:

    (1) "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 teachers, instructional aides, and others designated by the principal.

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

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

    (4) "Department" means the State Department of Education.

    (5) "School property" means a classroom, school premises, a school bus or other district or school-owned vehicle, an official school bus stop, a school-sponsored activity or event regardless of location, or any other function where the school is responsible for the supervision and care of students.

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

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

    (8) "Harassment or intimidation" means a gesture, electronic communication, or a written, verbal, or physical act that is reasonably perceived to have the effect of:

       (a) harming staff or damaging staff's real or personal property while at school; or

       (b) placing staff in reasonable fear of harm or property damage while at school.

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

       (a) behavior intended to provoke someone in an insulting or contemptuous manner that is verbal, written, or digital; or

       (b) threatening words or conduct intended to induce fear or bodily harm or threatening conflict intended to inflict harm within a classroom setting.

    (10) "Violence" means an intentional act that causes physical harm.

    (11) "Disruptive conduct" means activities engaged in by a student which are directed against persons or property, the consequences of which may endanger the health or safety of oneself or others in the school or interfere with classroom or school activities.

    (12) "Criminal conduct" means activities defined in law and engaged in by a student which 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.

    (13) "Reasonable physical force" means the minimum amount of force necessary for an educator to protect himself, others, or personal or school property from harm in response to violent student behavior. This definition does not include or allow for the application of physical force as a form or means of discipline.

 

    Section 59-63-620. (A) Educators shall establish classroom rules and expectations for their students that are consistent with state law and district policy, communicate those rules and expectations to parents or guardians, and implement consistent in-class routines to support effective classroom management, engaging instruction, and clear expectations for student behavior.

    (B) Subject to state law and district policy, educators have the authority to:

       (1) establish classroom rules of conduct, movement, and decorum;

       (2) establish and implement consequences for violations of classroom rules that are designed to correct behavior;

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

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

       (5) assist in enforcing rules on school property and during school activities;

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

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

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

       (9) pursue legal remedies, including filing charges, if the educator has reason to believe he or she is the victim of a crime occurring 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 59-63-630. Referral, removal, and administrative follow-up procedures must consist of:

    (1) Referral to principal:

       (a) If repeated attempts to direct a student to correct behavior are unsuccessful, an educator may escalate interventions for minor classroom infractions including, but not limited to, assigning detention.

       (b) In instances of more serious or persistent student behavior, an educator may refer a student to the appropriate administrator for discipline and may include a written recommendation for a consequence aligned with the district's student code of conduct.

       (c) Except in instances of severe violence or threat of violence, the school shall utilize a systematic and escalating approach to determine appropriate disciplinary consequences. The administrator shall make the final determination but may not alter or destroy a student discipline referral submitted by an educator without the educator's consent.

    (2) Administrative response:

       (a) Upon receiving a referral, an administrator shall determine whether the student violated the student code of conduct.

       (b) If a violation is found, the administrator may accept the educator's recommended consequence, impose a more serious consequence if justified by the student's behavioral history, or determine another appropriate consequence based on the circumstances.

       (c) The administrator shall notify the educator in writing of the disposition of the referral, including whether discipline was imposed and any consequences, interventions, or supports provided.

    (3) Removal and placement:

       (a) An educator may have a student removed from his or her immediate supervision and placed in an alternative setting if the student's behavior interferes with teaching or peer learning. An administrator shall place the student in another classroom, in-school suspension, or another appropriate setting consistent with district policy. The school shall notify the parent or guardian of a student removed from the classroom for disruptive or criminal conduct.

       (b) A student removed from the classroom for disruptive or criminal conduct may not return to the educator's classroom on the same day without the educator's consent and shall remain out of the classroom until the parent or guardian has acknowledged in writing awareness of the consequences for subsequent disruptive, defiant, or violent behavior.

       (c) In the event of student behavior resulting in violence against an educator, and upon the educator's request, the school shall permanently remove the student from that educator's classroom, consistent with applicable law.

    (4) Nothing in this act may be construed to limit, waive, or override the rights and protections afforded to students with disabilities under the Individuals with Disabilities Education Act, the Americans with Disabilities Act, or Section 504 of the Rehabilitation Act of 1973. In the event of a conflict between this act and federal disability law, federal law shall control.

 

    Section 59-63-640. (A) The applicable provisions of the South Carolina Tort Claims Act apply to actions taken by educators, administrators, and staff pursuant to the authority granted under this article, including actions involving student removal, referral, or the use of reasonable force.

    (B) With respect to support and training, the department shall:

       (1) develop guidance to support school districts, educator preparation programs, and educational leadership programs 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.

    (C) A school district may not suspend, terminate, or otherwise discipline an administrator, educator, or staff member for actions taken in conformity with the provisions of this article.

 

    Section 59-63-650. In addition to other requirements for receiving state funds allocated for State Aid to Classrooms, a school district shall implement a policy adopted by the State Board of Education that establishes minimum standards regarding:

    (1) expectations for schools and appropriate student behavior;

    (2) requirements that persistently disruptive student behavior does not substantially disrupt the effective     operations of a classroom or school;

    (3) definitions of reasonable force aligned with best practices and legal principles;

    (4) prohibition of harassment, intimidation, or abusive language directed at school staff or students, including procedures for reporting and investigation;

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

    (6) minimum requirements for professional development and educator and administrator preparation programs related to student discipline and classroom management.

 

    Section 59-63-660. (A) District boards of trustees shall revise their student and staff codes of conduct to conform with this article within one year of the State Board of Education's adoption of the policy required in Section 59-63-650.

    (B) The department shall provide technical assistance to school districts in revising their codes of conduct.

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

Renumber sections to conform.

Amend title to conform.

 

SHANNON ERICKSON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill prohibits expelled students from entering the school or school grounds, including attending any day or night school functions or riding a school bus. The bill also prohibits suspended students from entering the school or school grounds, except for a prearranged conference with an administrator, attending day or night school functions, or riding a school bus. These provisions do not preclude enrollment and attendance in any alternative education program, including adult education or virtual programming.

Additionally, the bill requires a student to be expelled for no less that one academic year for knowingly bringing a firearm to a school, establishes that the expulsion hearing must be conducted by the district board of trustees, and allows an expelled student to receive educational services in alternative settings, including virtual programming. Further, the bill clarifies that a board may transfer a pupil to another school within the school district in lieu of suspension or expulsion and requires notification to and input from the principal at the receiving school.

 

S.C. Department of Education. This bill will have no expenditure impact on SCDE. The department indicates that it can manage the provisions of the bill with existing appropriations.

 

State Agency Schools. This bill will have no expenditure impact on the state agency schools. The Governor's School for Agriculture at John de la Howe, the Governor's School for the Arts and Humanities, the Governor's School for Science and Mathematics, the School for the Deaf and the Blind, and the Wil Lou Gray Opportunity School indicate that they can manage the provisions of the bill with existing appropriations.

 

Local Expenditure

This bill prohibits expelled students from entering the school or school grounds, including attending any day or night school functions or riding a school bus. The bill also prohibits suspended students from entering the school or school grounds, except for a prearranged conference with an administrator, attending day or night school functions, or riding a school bus. These provisions do not preclude enrollment and attendance in any alternative education program, including adult education or virtual programming.

Additionally, the bill requires a student to be expelled for no less that one academic year for knowingly bringing a firearm to a school, establishes that the expulsion hearing must be conducted by the district board of trustees, and allows an expelled student to receive educational services in alternative settings, including virtual programming. Further, the bill clarifies that a board may transfer a pupil to another school within the school district in lieu of suspension or expulsion and requires notification to and input from the principal at the receiving school.

The overall expenditure impact of this bill on the local school districts will vary. SCDE surveyed the seventy-two regular school districts and three charter school districts and received responses from fifteen districts. Eleven of the responding districts indicate that the bill will have no expenditure impact. One district indicates that expenses may increase due to the need to hire additional virtual academy or summer school teachers in order to provide the required alternative educational services for expelled students, but the cost is currently undetermined and will depend upon the number of expelled students receiving educational services in alternative settings and the number of teachers needed. Additionally, one district anticipates that expenses may increase due to legal fees but reports that the cost is currently undetermined. The remaining two districts indicate that implementing the provisions of the bill will increase expenditures. One of these districts reports that the bill may increase expenses by an amount up to $8,600 per student if the district is no longer able to receive state funding for a student who is expelled and receives educational services in an alternative setting. The other district anticipates that this bill may increase expenses by approximately $50,000 per year beginning in FY 2025-26 for salary and fringe benefits for 1.0 FTE to manage the potential increase in alternative school attendance.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-63-210, RELATING TO GROUNDS FOR WHICH TRUSTEES MAY EXPEL, SUSPEND, OR TRANSFER PUPILS; PETITIONS FOR READMISSION; AND EXPULSION, SUSPENSION, OR TRANSFER, SO AS TO PROHIBIT EXPELLED STUDENTS FROM ENTERING SCHOOL OR SCHOOL GROUNDS INCLUDING ATTENDING DAY OR NIGHT SCHOOL FUNCTIONS OR RIDING A SCHOOL BUS, TO FURTHER PROHIBIT SUSPENDED STUDENTS FROM ENTERING THE SCHOOL OR SCHOOL GROUNDS EXCEPT FOR ATTENDING DAY OR NIGHT SCHOOL FUNCTIONS OR RIDING THE SCHOOL BUS; BY AMENDING SECTION 59-63-235, RELATING TO THE EXPULSION OF A STUDENT DETERMINED TO HAVE BROUGHT A FIREARM TO SCHOOL, SO AS TO REQUIRE A STUDENT TO BE EXPELLED FOR NO LESS THAN ONE ACADEMIC YEAR FOR KNOWINGLY BRINGING A FIREARM TO A SCHOOL, TO ESTABLISH THE EXPULSION HEARING BE CONDUCTED BY THE DISTRICT BOARD OF TRUSTEES AND TO ALLOW AN EXPELLED STUDENT TO RECEIVE EDUCATIONAL SERVICES IN ALTERNATIVE SETTINGS TO INCLUDE VIRTUAL PROGRAMMING; AND BY AMENDING SECTION 59-63-250, RELATING TO THE TRANSFER OF PUPILS, SO AS TO CLARIFY THAT A BOARD MAY TRANSFER A PUPIL WITHIN THE SCHOOL DISTRICT AND REQUIRE NOTIFICATION AND INPUT FROM THE PRINCIPAL AT THE RECEIVING SCHOOL.

 

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

 

SECTION 1.  Section 59-63-210 of the S.C. Code is amended to read:

 

    Section 59-63-210. (A) Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for the commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and promulgated regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Each expelled pupil has the right to petition for readmission for the succeeding school year.

        (1) Expulsion or suspension must be construed to prohibit a pupil from entering the school or school grounds including, but not limited to, attending any day or night school functions or riding a school bus. An expelled student may only enter school or school grounds for a prearranged conference with an administrator. This prohibition shall continue for the duration of the expulsion period.

        (2) Suspension must be construed to prohibit a pupil from entering the school or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus. This prohibition shall continue for the duration of the suspension period.

    (B) The provisions of this section do not preclude enrollment and attendance in any adult or night schoolalternate education program to include adult education or virtual programming.

    (B) A district board of trustees shall not authorize or order the expulsion, suspension, or transfer of any pupil for a violation of Section 59-150-250(B).

 

SECTION 2.  Section 59-63-235 of the S.C. Code is amended to read:

 

    Section 59-63-235. (A)The district board must expel for no less than one year a student who is determined to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees. A student who is determined to have knowingly brought a firearm to a school or any setting under the jurisdiction of a local board of trustees must be expelled for no less than one year from the date of the incident. The expulsion hearing must follow the procedures established pursuant to Section 59-63-240.  The one-year expulsion is subject to modification by the district superintendent of education on a case-by-case basis.

    (B) If the hearing is conducted by the district board of trustees, the one-year expulsion period is subject to modification by the board on a case-by-case basis. 

    (C) If the hearing is conducted by any authority other than the district board of trustees, the one-year expulsion period is subject to modification by the district superintendent of education.  The board must receive and review a copy of the results of the expulsion hearing and affirm any modification recommendations by the district superintendent of education.  If the board does not affirm a modification recommendation of the district superintendent, the expulsion period established in this section shall be reinstated. A student shall retain all rights afforded to him by Section 59-63-240.  

    (D)   Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting to include virtual programming.  Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative.

 

SECTION 3.  Chapter 63, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-63-237. (A) The district board of trustees must expel for no more than one academic year a student who is determined to have knowingly and willfully delivered or conveyed a threat to commit bodily harm by means of a weapon against students or employees of a school by means of any letter or paper, writing, document, electronic communication, or other type of communication that is intended to reach another person. The expulsion period is subject to modification on a case-by-case basis as determined by the district board of trustees or district superintendent of education.

    (B) In order for a student to be expelled under this section, the board or any authority the board designates to conduct an expulsion hearing, must find, at a minimum:

       (1) the threat was directed at specific students, staff, or school;

       (2) an ordinary person reviewing the threat would have a reasonable expectation of a violent act resulting in bodily harm;

       (3) the student making the threat could be reasonably expected to have the capacity to carry out the threat; and

       (4) the threat resulted in a material and substantial disruption to school operations including, but not limited to, the cancellation of classes or families declining to send students to school in response to the threat or a lock-down of the school and students.

    (C) The expulsion hearing must follow the procedures established pursuant to Section 59-63-240.  Students expelled pursuant to this section must be afforded access to educational services through an alternative or virtual setting. Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative.

 

SECTION 4.  Section 59-63-250 of the S.C. Code is amended to read:

 

    Section 59-63-250. The board or a designated administrator may transfer a pupil to another school within the school district in lieu of suspension or expulsion but only after a conference or hearing with the parents or legal guardian and notification to and input from the principal at the receiving school.  The parents or legal guardian may request a conference in lieu of the hearing provided under this section. The parents or legal guardian may appeal a transfer made by an administrator to the board.

 

SECTION 5.  This act takes effect upon approval by the Governor.

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