Committee Report

March 26, 2026

 

H. 4761

 

Introduced by Reps. Erickson, Taylor, Bradley, Brewer, Chapman, Crawford, Davis, Duncan, Forrest, Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Herbkersman, Hewitt, Hiott, Hixon, Holman, J. E. Johnson, Lawson, Long, Lowe, McCravy, McGinnis, C. Mitchell, Oremus, W. Newton, Pedalino, Pope, Robbins, Sanders, Sessions, G. M. Smith, M. M. Smith, Vaughan, Whitmire, Wickensimer, Willis, Yow, Magnuson, Terribile, Teeple, Pace, Cromer, Edgerton, D. Mitchell, Gilreath, Huff, Frank, White and Kilmartin

 

S. Printed 3/26/26--H.

Read the first time January 13, 2026

 

________

 

The committee on House Education and Public Works

To whom was referred a Bill (H. 4761) to amend the South Carolina Code of Laws by adding Section 59-101-15 so as to provide annual evaluations of faculty at public institutions of higher learning in, etc., respectfully

Report:

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

 

SHANNON ERICKSON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires state institutions of higher learning to establish an annual performance evaluation policy for all faculty members as well as a post-tenure review process for every tenured faculty member. The annual faculty performance evaluation as well as the post-tenure review process must be reviewed by the institution's president in consultation with the provost no less than every five years, with any policy updates requiring approval by the institution's board of trustees. Performance evaluations and post-tenure review must utilize criteria listed in the bill, including teaching, research, service, administration, and any other categories as determined by the institution. The bill requires that the post-tenure review process occurs no less than once every six years after the faculty has gained tenure and that the process may not exceed a period of nine months for each faculty member. The bill sets guidelines for cases in which tenured faculty subsequently accepts an administrative position or in cases in which a tenured faculty member does not meet performance expectations. The bill provides that state institutions may initiate a termination for cause of a faculty member at any time and lists reasons that may result in the causal termination of a faculty member.

The bill requires institutions of higher learning to provide a joint letter signed by the institution's president and board chair before November fifteenth of each year affirming that the institution is in compliance with the annual performance review requirements as well as post-tenure review process to the Chairman of the Senate Education Committee, Chairman of the House Education and Public Works Committee, and Chairman of CHE.

 

Commission on Higher Education. CHE reports that this bill will have no resulting expenditure impact, as overseeing compliance with the bill's requirements by the institutions of higher learning will take place under normal agency operations.

 

State Institutions of Higher Learning. This bill is not expected to have a significant impact on Clemson, MUSC, CCU, CofC, Winthrop, Lander, and the Citadel, based on responses from these institutions. MUSC, CCU, Winthrop, and Lander all indicate that existing performance and post-tenure review procedures are in place and the institution is in compliance with the requirements of the bill. USC states that the bill will have an undetermined expenditure impact pending further review and may involve adjustments to existing administrative processes including faculty management systems, central review functions, and related support activities at the college and department levels. These activities may entail additional administrative coordination associated with faculty review and reporting.

 

Technical College System. The Tech System indicates that the requirements of the bill align with current evaluation practices for full-time faculty and will have no expenditure impact on the system.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-101-15 SO AS TO PROVIDE ANNUAL EVALUATIONS OF FACULTY AT PUBLIC INSTITUTIONS OF HIGHER LEARNING IN THIS STATE, TO REQUIRE SCHOOLS ADOPT RELATED POLICIES, TO PROVIDE REQUIREMENTS FOR THE POLICIES, AND TO PROVIDE RELATED PROCEDURES AND REPORTING REQUIREMENTS; AND BY ADDING SECTION 59-101-17 SO AS TO require PUBLIC INSTITUTIONS OF HIGHER LEARNING SHALL ESTABLISH POST-TENURE REVIEW PROCESSES FOR TENURED FACULTY MEMBERS, TO PROVIDE REQUIREMENTS FOR THESE PROCESSES, AND TO PROVIDE RELATED PROCEDURES AND REPORTING REQUIREMENTS.

 

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

 

SECTION 1.  Article 1, Chapter 101, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-101-15. (A)(1) A public institution of higher learning in this State shall establish a faculty annual performance evaluation policy that provides for a mandatory annual evaluation of every faculty member. The policy must be reviewed by the institution's president in consultation with the provost no less than every five years, with any policy updates requiring approval of the institution's board of trustees. A faculty member annual performance evaluation must include a comprehensive measurable assessment of performance for each of the following areas as applicable to the faculty member:

           (a) teaching;

           (b) research;

           (c) service;

           (d) administration; and

           (e) other categories as determined by the institution.

        (2) The evaluation must include a summary assessment of the performance areas listed in item (1) including the parameters "exceeds performance expectations," "meets performance expectations," or "does not meet performance expectations."

        (3) In addition to the requirements of item (1), the evaluation must include:

           (a) a summary assessment of student course evaluation results that includes aspects of teaching effectiveness, student learning, and classroom atmosphere;

           (b) a summary assessment of peer evaluations with emphasis placed on the faculty member's professional development regarding the faculty member's teaching responsibilities; and

            (c) a projected work effort distribution for the faculty member for the next year which must be used during the next year's evaluation.

    (B)(1) Evaluations must be conducted by the department chairperson or equivalent administrator, reviewed and approved or disapproved by the dean, and submitted to the provost. If there is disagreement between the chairperson or equivalent administrator and dean regarding evaluations, including student and peer evaluations, the provost has final decision-making authority.

       (2) Notwithstanding another provision of law, an institution's president is ultimately responsible for ensuring the integrity and completion of all faculty performance evaluations conducted under this section.

    (C) Before November fifteenth of each year, a public institution of higher learning shall provide a joint letter signed by the institution's president and board chair affirming that the institution is in compliance with the provisions of this section to the Chairman of the Senate Education Committee, Chairman of the House Education and Public Works Committee, and Chairman of the Commission on Higher Education.

 

SECTION 2.  Article 1, Chapter 101, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-101-17. (A)(1) A public institution of higher learning in this State shall establish a post-tenure review process for every tenured faculty member which must be based in part on the annual performance evaluation pursuant to Section 59-101-15. The president of the institution must review the policy in consultation with the provost no less than every five years, with any policy updates requiring approval of the institution's board of trustees. The post-tenure review process must ensure that the faculty member has continued to meet the high standards for tenure that are outlined in the institution's faculty manual and as provided in this chapter. The post-tenure review period, from beginning to end, may not exceed nine months for each faculty member, except that a one-time extension for up to six months may be granted for good cause by the institution's president in consultation with the provost.

       (2) Notwithstanding another provision of law, a faculty member who has held a tenured appointment and subsequently accepts an administrative position at the level of dean or above retains tenure upon returning to a faculty role, but the administrator may be subject to a post-tenure review prior to returning to a faculty role at the discretion of the institution's president in consultation with the provost.

    (B) A public institution of higher learning in this State shall conduct a post-tenure review of each tenured faculty member no less than once every six years after the faculty member has gained tenure.

    (C) A public institution of higher learning shall require any faculty member who receives a "does not meet performance expectations" at least twice during the five-year period on the faculty member's annual performance evaluation conducted pursuant to Section 59-101-15 to undergo a supplemental post-tenure review that must be completed within six months after the faculty member receives the second "does not meet performance expectations" and a remediation plan that lasts no longer than twelve months must be implemented. An institution that determines at the end of a remediation plan that the faculty member has failed to adequately perform the duties of the position, then the institution's provost shall begin the tenure revocation process immediately. This tenure revocation process must be completed within six months, subject to any applicable state-approved grievance processes.

    (D) Notwithstanding another provision of law, a public institution of higher learning may initiate a termination for cause of a faculty member at any time. For the purposes of this subsection, "cause" means, but is not limited to:

           (1) the failure to perform adequately the duties of the position so as to constitute incompetence and/or habitual neglect of duty;

           (2) misconduct related directly and substantially to the fitness of the faculty member in the professional capacity including, but not limited to, blatantly unprofessional conduct;

           (3) conduct or action not protected by the Constitution or laws and which is a clear interference with the academic functions of the institution of higher learning; or

           (4) bona fide reduction in staff, which may be caused by financial exigency or by discontinuance or reduction in size of a program or instructional unit for reasons not related to financial exigency.

    (E)   Before November fifteenth of each year, a public institution of higher learning shall provide a joint letter signed by the institution's president and board chair affirming that the institution is in compliance with the provisions of this section to the Chairman of the Senate Education Committee, Chairman of the House Education and Public Works Committee, and Chairman of the Commission on Higher Education.

 

SECTION 3.  This act takes effect upon approval by the Governor.

----XX----