A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "EDUCATOR SAFETY AND CLASSROOM AUTHORITY ACT OF 2026" BY ADDING ARTICLE 6 TO CHAPTER 63, TITLE 59, SO AS TO PROVIDE FOR EDUCATOR SAFETY AND CLASSROOM AUTHORITY, TO DEFINE NECESSARY TERMS, TO ESTABLISH THE AUTHORITY OF EDUCATORS IN CLASSROOM MANAGEMENT AND STUDENT DISCIPLINE, TO PROVIDE PROCEDURES FOR STUDENT REFERRAL, REMOVAL, AND ADMINISTRATIVE RESPONSE, TO PROVIDE PROTECTIONS FOR EDUCATORS, ADMINISTRATORS, AND STAFF, TO REQUIRE CERTAIN ACTIONS BY THE STATE BOARD OF EDUCATION, AND TO PROVIDE FOR IMPLEMENTATION BY SCHOOL DISTRICTS.

 

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

 

SECTION 1.  This act may be cited as the "Educator Safety and Classroom Authority Act of 2026."

 

SECTION 2.  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) profane or obscene language that is verbal, written, or digital and directed at school staff;

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

       (c) vulgar language, slurs, derogatory comments, defiance, or obscene gestures.

    (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.

 

    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 school property 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.

 

    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.

 

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

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