S 416

South Carolina General Assembly
126th Session, 2025-2026
Bill 416
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
HOUSE RECEDED FROM ITS AMENDMENT
May 14, 2026
S. 416
Introduced
by Senators Hembree and Alexander
S. Printed 5/14/26--H.
Read the first time April 30, 2025
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 59-63-210, RELATING TO GROUNDS FOR WHICH TRUSTEES MAY EXPEL, SUSPEND,
OR TRANSFER PUPILS; PETITIONS FOR READMISSION; AND EXPULSION, SUSPENSION, OR
TRANSFER, SO AS TO PROHIBIT EXPELLED STUDENTS FROM ENTERING SCHOOL OR SCHOOL
GROUNDS INCLUDING ATTENDING DAY OR NIGHT SCHOOL FUNCTIONS OR RIDING A SCHOOL
BUS, TO FURTHER PROHIBIT SUSPENDED STUDENTS FROM ENTERING THE SCHOOL OR SCHOOL
GROUNDS EXCEPT FOR ATTENDING DAY OR NIGHT SCHOOL FUNCTIONS OR RIDING THE SCHOOL
BUS; BY AMENDING SECTION 59-63-235, RELATING TO THE EXPULSION OF A STUDENT
DETERMINED TO HAVE BROUGHT A FIREARM TO SCHOOL, SO AS TO REQUIRE A STUDENT TO
BE EXPELLED FOR NO LESS THAN ONE ACADEMIC YEAR FOR KNOWINGLY BRINGING A FIREARM
TO A SCHOOL, TO ESTABLISH THE EXPULSION HEARING BE CONDUCTED BY THE DISTRICT
BOARD OF TRUSTEES AND TO ALLOW AN EXPELLED STUDENT TO RECEIVE EDUCATIONAL
SERVICES IN ALTERNATIVE SETTINGS TO INCLUDE VIRTUAL PROGRAMMING; AND BY
AMENDING SECTION 59-63-250, RELATING TO THE TRANSFER OF PUPILS, SO AS TO
CLARIFY THAT A BOARD MAY TRANSFER A PUPIL WITHIN THE SCHOOL DISTRICT AND
REQUIRE NOTIFICATION AND INPUT FROM THE PRINCIPAL AT THE RECEIVING SCHOOL.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 59-63-210 of the S.C. Code is amended to read:
    Section
59-63-210. (A) Any district board
of trustees may authorize or order the expulsion, suspension, or transfer of
any pupil for the commission of any crime, gross immorality, gross misbehavior,
persistent disobedience, or for violation of written rules and promulgated regulations
established by the district board, county board, or the State Board of
Education, or when the presence of the pupil is detrimental to the best
interest of the school. Each expelled pupil has the right to petition for
readmission for the succeeding school year.
       (1) Expulsion or suspension must be construed to prohibit a pupil from
entering the school or school grounds including, but not
limited to, attending any day or night school functions or riding a school bus.
An expelled student may only enter school or school grounds for a prearranged
conference with an administrator. This prohibition shall continue for the
duration of the expulsion period.
       (2) Suspension must be construed
to prohibit a pupil from entering the school or school grounds, except
for a prearranged conference with an administrator, attending any day or night
school functions, or riding a school bus. This prohibition
shall continue for the duration of the suspension period.
    (B) The provisions of
this section do not preclude enrollment and attendance in any adult or night schoolalternate
education program to include adult education or virtual programming.
    (B) A district board of trustees
shall not authorize or order the expulsion, suspension, or transfer of any
pupil for a violation of Section 59-150-250(B).
SECTION 2.  Section 59-63-235 of the S.C. Code is amended to read:
    Section 59-63-235. (A)The
district board must expel for no less than one year a student who is determined
to have brought a firearm to a school or any setting under the jurisdiction of
a local board of trustees. A student who is
determined to have knowingly brought a firearm to a school or any setting under
the jurisdiction of a local board of trustees must be expelled for no less than
one year from the date of the incident. The expulsion hearing must follow the procedures established pursuant
to Section 59-63-240.  The
one-year
expulsion is subject to modification by the district superintendent of
education on a case-by-case
basis.
    (B) If the hearing is conducted
by the district board of trustees, the one-year expulsion period is subject to
modification by the board on a case-by-case basis.
    (C) If the hearing is conducted
by any authority other than the district board of trustees, the one-year
expulsion period is subject to modification by the district superintendent of
education.  The board must receive and review a copy of the results of the
expulsion hearing and affirm any modification recommendations by the district
superintendent of education.  If the board does not affirm a modification
recommendation of the district superintendent, the expulsion period established
in this section shall be reinstated. A student shall retain all rights afforded
to him by Section 59-63-240.
    (D)   Students expelled
pursuant to this section are not precluded from receiving educational services
in an alternative setting to include virtual programming.
Each local board of trustees is to establish a policy which requires the
student to be referred to the local county office of the Department of Juvenile
Justice or its representative.
SECTION 3.  Chapter 63, Title 59 of the S.C. Code is amended by
adding:
    Section
59-63-237. (A) The district board
of trustees must expel for no more than one academic year a student who is
determined to have knowingly and willfully delivered or conveyed a threat to
commit bodily harm by means of a weapon against students or employees of a
school by means of any letter or paper, writing, document, electronic
communication, or other type of communication that is intended to reach another
person. The expulsion period is subject to modification on a case-by-case basis
as determined by the district board of trustees or district superintendent of
education.
    (B)
In order for a student to be expelled under this section, the board or any
authority the board designates to conduct an expulsion hearing, must find, at a
minimum:
       (1)
the threat was directed at specific students, staff, or school;
       (2)
an ordinary person reviewing the threat would have a reasonable expectation of
a violent act resulting in bodily harm;
       (3)
the student making the threat could be reasonably expected to have the capacity
to carry out the threat; and
       (4)
the threat resulted in a material and substantial disruption to school
operations including, but not limited to, the cancellation of classes or
families declining to send students to school in response to the threat or a
lock-down of the school and students.
    (C)
The expulsion hearing must follow the procedures established pursuant to
Section 59-63-240.  Students expelled pursuant to this section must be afforded
access to educational services through an alternative or virtual setting. Each
local board of trustees is to establish a policy which requires the student to
be referred to the local county office of the Department of Juvenile Justice or
its representative.
SECTION 4.  Section 59-63-250 of the S.C. Code is amended to read:
    Section 59-63-250. The board or a designated administrator may
transfer a pupil to another school within the school
district in lieu of suspension or expulsion but only after a conference or hearing with the parents or legal guardian and notification to and input from the principal at the
receiving school.  The parents or legal guardian
may request a conference in lieu of the hearing provided under this section. The
parents or legal guardian may appeal a transfer made by an administrator to the
board.
SECTION 5.  This act takes effect upon approval
by the Governor.
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This web page was last updated on May 14, 2026 at 08:10 PM