A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SUBARTICLE 2 TO ARTICLE 13, CHAPTER 63, TITLE 59, RELATING TO ALTERNATIVE SCHOOL PROGRAMS, SO AS TO ESTABLISH STATEWIDE REQUIREMENTS FOR STUDENT TRANSITIONS INTO AND OUT OF ALTERNATIVE SCHOOL PROGRAMS INCLUDING INDIVIDUAL TRANSITION PLANS, PROGRESS MONITORING, REENTRY CRITERIA, AND DISTRICT REPORTING; AND TO DESIGNATE THE EXISTING PROVISIONS OF ARTICLE 13, CHAPTER 63, TITLE 59 AS "GENERAL PROVISIONS."

 

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

 

SECTION 1.  Article 13, Chapter 63, Title 59 of the S.C. Code is amended by adding:

 

Subarticle 2

 

Student Transitions to and from Alternative Schools

 

    Section 59-63-1410.  (A) The General Assembly finds that alternative school programs, as provided in Subarticle 1, play an important role in supporting students by providing safe, structured learning environments and additional academic, behavioral, and social-emotional supports when students need them.

    (B) The General Assembly further finds that students placed in alternative school programs deserve a clear, predictable, and supportive plan that helps them successfully return to their home schools as soon as they are ready.

    (C) The General Assembly declares that consistent statewide minimum standards for transitioning into and out of alternative school programs are necessary to protect students' rights, ensure fairness and due process, and maintain continuity in a student's education.

    (D) It is the intent of this subarticle to require each school district to adopt a written policy that clearly explains how students enter alternative school placements, how progress is monitored, how reentry decisions are made, and what supports are provided during reintegration, so that students and families understand expectations and have meaningful opportunities for success.

 

    Section 59-63-1420.  For purposes of this subarticle:

       (1) "Alternative school program" means any program, school, or educational setting operated or approved by a school district pursuant to Subarticle 1 that serves students who need additional academic, behavioral, or social-emotional support, whether the placement is disciplinary or nondisciplinary.

       (2) "Home school" means the school the student attended immediately before entering an alternative school program.

       (3) "Transition" means the clear steps and supports used to move a student from the home school into an alternative school program, including a thoughtful entry process and the creation of an Individual Transition Plan focused on student success.

       (4) "Reentry" means the clear steps and supports used to return a student from an alternative school program to the home school, including planning for reintegration and providing short-term follow-up supports to help the student succeed.

       (5) "Individual Transition Plan" or "ITP" means a written, student-centered plan developed for each student placed in an alternative school program that sets academic, behavioral, and attendance goals, identifies support services, and clearly explains what the student needs to do to return to the home school.

       (6) "Instructional days" means days on which students are scheduled to receive instruction under the district's academic calendar, excluding holidays, teacher workdays, and other noninstructional days.

 

    Section 59-63-1430.  (A) Each school district shall develop, adopt, and maintain a written policy that explains how students are placed in alternative school programs, how their progress is monitored, and how they are supported in returning to their home schools. The policy must be easy to access and shall be publicly posted on the district's official website in a way that students and parents can easily understand.

    (B) Each district shall provide annual training to alternative school administrators, home school administrators, and staff responsible for transitions, progress monitoring, and reentry to ensure consistent implementation, clear communication with families, and proper documentation.

    (C) The policy required by subsection (A) must include:

       (1) Entry procedures:

           (a) A student may be placed in an alternative school program only when there is written documentation explaining why the placement is needed.

           (b) Before placement occurs, the district must ensure that all required discipline procedures and student due process protections have been followed.

           (c) Parents or guardians must receive written notice that clearly explains:

               (i) the reason for the placement;

               (ii) the expected length and structure of the placement; and

               (iii) how the transition process works, including when and how the Individual Transition Plan will be developed.

       (2) Individual Transition Plan:

           (a) Within ten instructional days of placement, the alternative school program shall create an Individual Transition Plan designed to help the student succeed and return to the home school.

           (b) The Individual Transition Plan must include:

               (i) academic goals, including a plan to earn or recover credits when needed;

               (ii) behavioral goals that are clear, reasonable, and matched to the student's support needs;

               (iii) attendance expectations that are clearly explained;

               (iv) support services the student will receive, such as counseling, mentoring, tutoring, or social-emotional supports; and

               (v) clear benchmarks that explain what the student needs to accomplish to be eligible for reentry.

           (c) The Individual Transition Plan shall be shared with the student, parents or guardians, and appropriate home school staff so everyone understands the plan and expectations.

       (3) Progress monitoring:

           (a) The student's progress shall be reviewed at least every twenty instructional days, documented in writing, and kept as part of the student's record.

           (b) After each review, parents or guardians shall receive written notice explaining the student's progress toward academic, behavioral, and attendance goals.

           (c) Any changes made to the Individual Transition Plan must be written down and shared with the student, parents or guardians, and relevant school staff.

       (4) Reentry criteria:

           (a) Each district shall establish clear, objective, and measurable criteria that explain when a student is ready to return to the home school.

           (b) A student's placement in an alternative school program may not be open-ended, and the district shall regularly review progress to determine readiness for reentry.

           (c) Students and parents or guardians shall receive written notice of the reentry criteria at the time of initial placement.

       (5) Reentry transition meeting:

           (a) Before the student returns to the home school, a reentry transition meeting shall be held and shall include:

               (i) a staff member from the alternative school program;

               (ii) a home school administrator or designee;

               (iii) the parent or guardian; and

               (iv) the student, when age-appropriate.

           (b) The purpose of the meeting is to review progress, confirm that the student is ready to return, and agree on short-term supports to help the student successfully reintegrate.

       (6) Reentry support plan:

           (a) For the first thirty instructional days after returning to the home school, the district shall provide additional support, including a designated staff contact, regular monitoring of academic progress, and scheduled behavioral or support check-ins.

       (7) Appeal and review mechanism:

           (a) If a student meets the established reentry criteria but is not approved to return, the district must provide a written explanation to the parent or guardian.

           (b) The district shall offer a clear district-level review process to reconsider the decision.

    (D) Each district shall annually report to the South Carolina Department of Education the number of students placed in alternative school programs, the average length of placement, the number of students who returned to their home schools, and the number of students placed more than once in the same school year. The department shall prepare a statewide summary report for the General Assembly.

    (E) Districts may implement this subarticle using existing staff and resources.

    (F) The provisions of this subarticle apply to all alternative school programs under Subarticle 1. Nothing in this subarticle limits student protections under federal disability laws, alters existing discipline authority, creates a private right of action, or changes expulsion laws.

    (G) The State Department of Education may provide guidance, model transition policies, and optional templates for Individual Transition Plans to help districts implement this subarticle in a student-centered manner.

 

SECTION 2.  The existing provisions of Article 13, Chapter 63, Title 59 are designated "Subarticle 1 General Provisions."

 

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

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