A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-21-545 SO AS TO ESTABLISH MINIMUM QUALIFICATIONS FOR DIRECTORS OF SPECIAL EDUCATION OR INDIVIDUALS SERVING IN EQUIVALENT ADMINISTRATIVE ROLES WITH PRIMARY RESPONSIBILITY FOR SPECIAL EDUCATION AND SERVICES.

 

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

 

SECTION 1.  Article 5, Chapter 21, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-21-545. (A) Each school district and other local education agency, as defined by the State Department of Education, shall ensure that any individual appointed or employed as a Director of Special Education, or in an equivalent administrative role with primary responsibility for special education and services, meets the requirements of this section.

    (B) An individual serving in a position described in subsection (A) must hold:

       (1) a valid administrative certification or license issued by the State Department of Education; and

       (2) a valid certification or license in special education appropriate to the grade levels and disability categories served.

    (C) An individual serving in a position described in subsection (A) must have a minimum of five years of professional experience in special education, including experience with the administration or oversight of programs and services provided pursuant to Part B of the federal Individuals with Disabilities Education Act (IDEA).

    (D) An individual may not be appointed or continue to serve in a position described in subsection (A) unless the individual meets the requirements of this section, except as provided in subsection (F).

    (E) The State Department of Education may promulgate regulations, subject to approval of the State Board of Education, as necessary to implement and enforce this section.

    (F) An individual serving in a position described in subsection (A) on July 1, 2027, who does not meet all requirements of this section, may continue to serve in that position provided the individual demonstrates satisfactory progress toward compliance, as determined by the State Department of Education, and achieves full compliance no later than July 1, 2030.

    (G) Each local education agency shall annually certify compliance with this section to the State Department of Education.

    (H) Compliance with this section shall be reviewed by the State Department of Education as part of its monitoring and enforcement activities conducted pursuant to Part B of the Individuals with Disabilities Education Act (IDEA).

    (I) If a local education agency fails to correct noncompliance within a timeframe established by the State Department of Education, the department may take enforcement action consistent with state law and IDEA, including conditioning, withholding, or redirecting state or federal special education funds until compliance is achieved.

 

SECTION 2.  This act takes effect July 1, 2027.

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