Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 26, 2026

 

H. 4468

 

Introduced by Reps. Erickson, Pedalino and Alexander

 

S. Printed 2/26/26--H.

Read the first time April 30, 2025

 

________

 

The committee on House Education and Public Works

To whom was referred a Bill (H. 4468) to amend the South Carolina Code of Laws by adding Section 59-33-55 so as to provide for the establishment of local advisory councils for educating students with, 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, SECTION 1, by striking Section 59-33-55(A)(2)(e) and inserting:

           (e) a special education teacher employed in a school in the district or a school of the authorizertwo special education teachers who must be employed by the school district or by a school of the authorizer, one of whom works with students in grades K-8 and one of whom works with students in grades 9-12; and

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 establishes local advisory councils for educating students with disabilities for each school district and charter school authorizer by its respective governing body. The school district board or charter school board shall appoint the members of its local advisory council, which must be composed of certain individuals involved in or concerned with the education of students with disabilities, including:

Parents or legal guardians of students with disabilities enrolled in a school in the district or a school of the authorizer;

One student with a disability as determined by an Individual Education Program who is enrolled in a school in the district or a school of the authorizer;

One public school administrator from a school in the district or a school of the authorizer;

One representative from the district office or employed by the authorizer with expertise in special education;

A special education teacher employed in a school in the district or a school of the authorizer; and

Members of the community at the discretion of the local board.

The functions of a local advisory council are to:

Advise the local board of trustees and district superintendent or charter governing board and charter authorizer of the needs of students with disabilities;

Comment on district or school improvement plans for students with disabilities;

Comment on school compliance with state and federal laws and regulations regarding the education of students with disabilities;

Advise ACESD regarding local special education efforts and recommendations for improvements to the delivery of special education services and instruction; and

Serve as advocates for students with disabilities and their parents or guardians.

The local school district or charter school authorizer must provide administrative assistance to the local advisory council that it creates, and local advisory boards are encouraged to collaborate with local organizations whose missions are to assist students with disabilities and their families. ACESD, with assistance from SCDE, must create and adopt model bylaws for use by local advisory councils before December 1, 2026. Additionally, the local advisory councils must submit their proposed bylaws to ACESD for approval before May 1, 2027, and the first meeting of each local advisory council must be held before September 1, 2027.

SCDE indicates that implementing the provisions of the bill will increase expenses but reports that these expenses can be managed with existing appropriations. However, SCDE notes that this may divert funds from other programs and initiatives, specifically the requirement that SCDE work with ACESD to create and adopt model bylaws for the local advisory councils. Additionally, SCDE reports that ACESD is comprised of volunteers and only convenes four times a year (three virtual meetings and one in person). SCDE also expressed a concern that ACESD may lack the capacity and availability to review and approve the proposed bylaws for all of the local school districts since ACESD does not have administrative support. SCDE staff currently provide administrative support to ACESD.

 

Local Expenditure

This bill establishes local advisory councils for educating students with disabilities for each school district and charter school authorizer by its respective governing body. The school district board or charter school board shall appoint the members of its local advisory council, which must be composed of certain individuals involved in or concerned with the education of students with disabilities as previously stated. The bill further provides for the functions of a local advisory council.

The local school district or charter school authorizer must provide administrative assistance to the local advisory council that it creates, and local advisory boards are encouraged to collaborate with local organizations whose missions are to assist students with disabilities and their families. Additionally, the local advisory councils must submit their proposed bylaws to ACESD for approval before May 1, 2027, and the first meeting of each local advisory council must be held before September 1, 2027.

The 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 ten districts. Three of the responding districts indicate that the bill will have no expenditure impact. However, one of these districts reports that there may be costs if staff are required to participate in the local advisory council after normal work hours. One district indicates that expenses may increase if staff are asked to participate in the local advisory council after normal work hours but states that the cost is currently undetermined. Four districts indicate that implementing the provisions of the bill may increase expenses due to personnel and supplies costs but anticipate that these expenses can be managed within existing appropriations. These four districts also note that implementing the provisions of the bill will require additional staff time. The two remaining districts indicate that this bill may increase expenses by an amount ranging from $500 to $65,000. These districts indicate that there may be some initial costs to set up the council and to provide training and also anticipate recurring expenses due to staff costs for working outside their contract, increased building costs such as electrical and custodial costs because of operations exceeding normal business hours, and legal fees to develop the policy and set operating parameters.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-33-55 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL ADVISORY COUNCILS FOR EDUCATING STUDENTS WITH DISABILITIES FOR EACH SCHOOL DISTRICT AND CHARTER SCHOOL authorizer BY ITS RESPECTIVE GOVERNING BODY; TO PROVIDE FOR THE MEMBERSHIP, COMPOSITION, DUTIES, AND PURPOSES OF LOCAL ADVISORY COUNCILS; TO PROVIDE ADMINISTRATIVE SUPPORT FOR LOCAL ADVISORY COUNCILS; AND TO PROVIDE DEADLINES FOR THE CREATION OF RELATED MODEL BYLAWS, THE SUBMISSION OF LOCAL ADVISORY COUNCIL BYLAWS FOR APPROVAL, AND THE FIRST MEETINGS OF EACH LOCAL ADVISORY COUNCIL.

 

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

 

SECTION 1.  Article 1, Chapter 33, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-33-55.  (A)(1) A local advisory council for educating students with disabilities must be established for each local school district by its board of trustees and for each charter school authorizer by the authorizer's governing body.

    (2) The school district board or charter school board shall appoint the members of its local advisory council. Membership of a local advisory council must be composed of individuals involved in or concerned with the education of students with disabilities, including:

           (a) parents or legal guardians of students with disabilities enrolled in a school in the district or a school of the authorizer, provided such parents and legal guardians must comprise at least fifty-one percent of the membership of the council;

           (b) one student with a disability as determined by an Individual Education Program who is enrolled in a school in the district or a school of the authorizer;

           (c) one public school administrator from a school in the district or a school of the authorizer;

           (d) one representative from the district office or employed by the authorizer with expertise in special education;

           (e) a special education teacher employed in a school in the district or a school of the authorizer; and

           (f) members of the community at the discretion of the local board.

       (3) Terms of initial membership on a local advisory council must be for one year after which future terms must be set forth in the council's bylaws pursuant to item (5)(a) provided, however, members of local school district advisory councils serve at the pleasure of the local school board of trustees.

       (4) Ninety days prior to the first meeting of the local advisory council, the district or authorizer superintendent shall accept applications from individuals interested in serving on a local advisory council. The superintendent shall ensure the board membership composition requirements of item (2) are met.

       (5) A local board of trustees shall adopt bylaws that:

           (a) establish terms of service after the initial terms of service, the manner of selecting its council chair, and the manner of filling vacancies on the council;

           (b) ensure at least fifty-one percent of its membership includes parents or guardians who have a student with a disability enrolled in the district or authorizer's schools; and

           (c) other rules and procedures the board considers necessary and appropriate.

    (B) The functions of a local advisory council are to:

       (1) advise the local board of trustees and district superintendent or charter governing board and charter authorizer of the needs of students with disabilities including matters of student safety;

       (2) comment on district or school improvement plans for students with disabilities;

       (3) comment on school compliance with state and federal laws and regulations regarding the education of students with disabilities;

       (4) advise the South Carolina Advisory Council for Educating Students with Disabilities (ACESD) regarding local special education efforts and recommendations for improvements to the delivery of special education services and instruction; and

       (5) serve as advocates for students with disabilities and their parents or guardians.

    (C) A local advisory council shall:

       (1) meet at least four times annually; and

       (2) provide an annual report to its local governing body and to the ACESD regarding its activities and recommendations as required by subsection (B)(4).

    (D) The local school district or charter school authorizer shall provide administrative assistance to the local advisory council that it creates pursuant to this section.

    (E) Local advisory boards are encouraged to collaborate with local organizations whose missions are to assist students with disabilities and their families.

    (F)(1) Before December 1, 2026, the ACESD, with assistance from the State Department of Education, shall create and adopt model bylaws for use by local advisory councils.

       (2) Before May 1, 2027, local advisory councils shall submit their proposed bylaws to the ACESD for approval.

       (3) Before September 1, 2027, the first meeting of each local advisory council must be held.

 

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

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