S 454

South Carolina General Assembly
126th Session, 2025-2026
Bill 454
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 Amendments Amended
May 12, 2026
S. 454
Introduced
by Senator Hembree
S. Printed 5/12/26--S.
Read the first time March 13, 2025
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 59-40-40, RELATING TO DEFINITIONS PERTAINING TO CHARTER SCHOOLS, SO AS
TO CHANGE REFERENCES FROM "SPONSOR" TO "AUTHORIZER" AND TO PROVIDE OTHER
DEFINITIONS; BY AMENDING SECTION 59-40-50, RELATING TO EXEMPTIONS, SO AS TO
REQUIRE A CHARTER SCHOOL TO POST THEIR ANNUAL AUDIT ON THEIR WEBSITE AND TO
NOTIFY AND PROVIDE A COPY OF ANY EDUCATION MANAGEMENT CONTRACTS TO THE
AUTHORIZER; BY AMENDING SECTION 59-40-55, RELATING TO AUTHORIZER POWERS AND
DUTIES AND THE RETENTION OF FUNDS, SO AS TO REQUIRE THE AUTHORIZER TO ADOPT AND
IMPLEMENT POLICIES, PROCEDURES, AND PRACTICES THAT ENSURE GOOD GOVERNANCE AND
ACCOUNTABILITY; BY AMENDING SECTION 59-40-60, RELATING TO CHARTER APPLICATIONS
AND COMMITTEES, SO AS TO EXPAND THE CHARTER SCHOOL APPLICATION TO INCLUDE ANY
PROPOSED CHARTER OR EDUCATION MANAGEMENT CONTRACTS CONTEMPLATED BY THE CHARTER
SCHOOL; BY AMENDING SECTION 59-40-70, RELATING TO APPLICATION REQUIREMENTS AND
PROCEDURES, SO AS TO SET A TIME FRAME TO HOLD A PUBLIC HEARING ON THE
APPLICATION FOR A CHARTER SCHOOL; BY AMENDING SECTION 59-40-75, RELATING TO THE
REMOVAL OF AN AUTHORIZER OR MEMBER OF A DISTRICT OR GOVERNING BOARD, SO AS TO
REQUIRE THE GOVERNOR TO VACATE THE SEAT OF A MEMBER OF AN AUTHORIZER OR CHARTER
SCHOOL GOVERNING BOARD WHO IS INDICTED FOR A CRIME; AND TO ALLOW THE GOVERNOR
TO REMOVE A MEMBER FOR CHRONIC UNEXCUSED ABSENTEEISM, MEDICAL INCOMPETENCY, OR
MEDICAL INCAPACITY; BY AMENDING SECTION 59-40-90, RELATING TO APPEALS TO THE ADMINISTRATIVE
LAW COURT, SO AS TO ALLOW AN APPEAL FOR ANY FINAL DECISION MADE PURSUANT TO
THIS CHAPTER BE MADE TO THE ADMINISTRATIVE LAW COURT; BY AMENDING SECTION
59-40-115, RELATING TO TERMINATION OF A CONTRACT WITH AN AUTHORIZER, SO AS TO
ALLOW A CHARTER SCHOOL TO TERMINATE ITS CHARTER AND CONTRACT WITH AN AUTHORIZER
UNDER CERTAIN CONDITIONS; BY AMENDING SECTION 59-40-150, RELATING TO THE DUTIES
OF THE DEPARTMENT OF EDUCATION, SO AS TO ESTABLISH THE DUTIES OF THE DEPARTMENT
OF EDUCATION TO SERVE AS THE STATE EDUCATION AGENCY FOR EACH AUTHORIZER AND
ANNUALLY REVIEW THE POLICIES, PROCEDURES, AND PERFORMANCE OF EACH AUTHORIZER
FOR COMPLIANCE; AND BY AMENDING SECTION 59-40-180, RELATING TO REGULATIONS AND
GUIDELINES, SO AS TO CLARIFY THAT GUIDELINES WILL BE APPLICABLE TO NEW
AUTHORIZERS AND CHARTER SCHOOLS.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 59-40-40 of the S.C. Code is amended to read:
    Section
59-40-40.  As used in this chapter:
    (1) A
"charter school" means a public, nonreligious, nonhome-based, nonprofit
corporation forming a school that operates by sponsorship authorization of a public school district, the South
Carolina Public Charter School District, or a public or independent institution
of higher learning, but is accountable to the board of trustees, or in the case
of technical colleges, the area commission, of the sponsor
authorizer which grants its charter. Nothing
in this chapter prohibits charter schools from offering virtual services
pursuant to state law and subsequent regulations defining virtual schools.
    (2) A
charter school:
       (a)
is, for purposes of state law and the state constitution, considered a public
school and part of the South Carolina Public Charter School District, the local
school district in which it is located, or is sponsored authorized by an approved
public or independent institution of higher learning;
       (b)
is subject to all federal and state laws and constitutional provisions
prohibiting discrimination on the basis of disability, race, creed, color,
gender, national origin, religion, ancestry, or need for special education
services; however, an applicant may seek to form a single gender charter school
without regard to the gender makeup of that proposed charter school;
       (c)
must be administered and governed by a governing body in a manner agreed to by
the charter school applicant and the sponsorauthorizer, the governing body to be selected as provided
in Section 59-40-50(B)(9)(14);
       (d)
may not charge tuition or other charges pursuant to Section 59-19-90(8) except
as may be allowed by the sponsor authorizer and is comparable to the charges of the local
school district in which the charter school is located;
       (e)
is subject to the same fixed asset inventory requirements as are traditional
public schools.
    (3)
"Applicant" means the person who or nonprofit corporate entity that desires to
form a charter school and files the necessary application with the South
Carolina Public Charter School District Board of Trustees, the local school
board of trustees in which the charter school is to be located, or the board of
trustees or area commission of a public or independent institution of higher
learning. The applicant also must be the person who or the nonprofit corporate
entity that applies to the Secretary of State to organize the charter school as
a nonprofit corporation. The nonprofit entity must
maintain its nonprofit status to remain a charter school.
    (4) "SponsorAuthorizer" means a local or statewide authorizer. This includes the South
Carolina Public Charter School District Board of Trustees, the local school
board of trustees in which the charter school is to be located, as provided by
law, a public institution of higher learning or a
nonprofit association directly affiliated with a public institution of higher
learning as defined in Section 59-103-5, or an independent institution
of higher learning or a nonprofit association directly
affiliated with an independent institution of higher learning as defined
in Section 59-113-50, from which the charter school applicant requested its
charter and which granted approval for the charter school's existence. Only
those public or independent institutions of higher learning, as defined in this
subsection, who register and apply with the South Carolina Department of Education State Board of Education may serve as charter school sponsorsauthorizers, and the department Department of Education shall
maintain a directory of those institutions. The sponsor authorizer of a charter school is the charter school's
Local Education Agency (LEA), and a charter school
is a school within that LEA. The sponsor authorizer retains responsibility for special education
and shall ensure that students enrolled in its charter schools are served in a
manner consistent with LEA obligations under applicable federal, state, and
local law. A nonprofit association that is directly
affiliated with an institution of higher learning as an authorizer shall serve
at the pleasure of, and be subject to the oversight and control of, the
governing body of the institution. The nonprofit entity must maintain its
nonprofit status to remain an authorizer.
    (5)
"Certified teacher" means a person currently certified by the State of South
Carolina to teach in a public elementary or secondary school or who currently
meets the qualifications outlined in Sections 59-27-10 and 59-25-115.
    (6)
"Noncertified teacher" means an individual considered appropriately qualified
for the subject matter taught and who has completed at least one year of study
at an accredited college or university and meets the qualifications outlined in
Section 59-25-115. An individual whose educator
certificate has been suspended or revoked shall not be employed as a
noncertified teacher during the term of suspension or revocation.
    (7)
"Charter committee" means the governing body of a charter school formed by the
applicant to govern through the application process and until the election of a
board of directors is held. After the charter application
is approved by the authorizerelection, the
board of directors of the corporation must be organized as the governing body
and the charter committee isshall
be dissolved within six months of the school
opening for students to attend. The election of the
board of directors must be held by April first of the year in which the school
opens for students. Failure to hold the election by this date may result in an
immediate revocation of the charter.
    (8)
"Local school district" means any school district in the State except the South
Carolina Public Charter School District and does not include special school
districts.
    (9)
"Charter school contract" means a fixed term, renewable contract between a
charter school and a sponsoran
authorizer that outlines the roles, powers, responsibilities, and
performance expectations for each party to the contract.
    (10)
"Resident public school" means the school, other than a charter school, within
whose attendance boundaries the charter school student's custodial parent or
legal guardian resides.
    (11) "Management organization" means a
corporation, business, organization, or other entity, whether conducted for
profit or not-for-profit, with whom the governing body of a charter school
contracts to operate, manage, or oversee the operation, management, or
provision and implementation of educational services and programs to the
charter school. This includes a corporation, business, organization, or other
entity that directly employs the administrator or any of the educational
personnel, or both.
    (12) "Replication" means the approval
of a new charter school application based on the mission, academic model,
instructional program, and operational structure of an existing charter school.
    (13) "Virtual charter school" means a
charter school whereby students are taught primarily through online methods,
provided, however, that at least twenty-five percent of the instruction in core
areas must be provided pursuant to South Carolina Regulation 43-601. Any
student enrolled in a virtual charter school shall be a resident of a South
Carolina school district as provided for in Sections 59-63-30, 59-63-31,
59-63-32, and 59-63-33.
SECTION 2.  Section 59-40-50(B) of the S.C. Code is amended to
read:
    (B) A charter school must:
       (1)
must adhere to the same health, safety, civil
rights, and disability rights requirements as are applied to public schools
operating in the same school district or, in the case of the South Carolina
Public Charter School District or a public or independent institution of higher
learning sponsorauthorizer,
the local school district in which the charter school is located;
       (2)
must meet, but may exceed, the same minimum student
attendance requirements as are applied to public schools;
       (3)
must adhere to the same
financial laws and regulations, financial audits, audit procedures, and
audit requirements as are applied to public schools, and
post its annual budget, to include its operating budget, and audit on its
website with other financial information required to be posted by law or
regulation.; A charter
school's financial audit is due to its authorizer no earlier than October 15,
or the next business day, unless the Department of Education grants an
extension or establishes a grace period for the authorizer;
       (4) must post its annual budget, to
include its operating budget and any debt incurred by the school, and audit on
its website with other financial information required to be posted by law or
regulation;
       (5) must provide notice to its
authorizer prior to entering into an agreement to borrow money secured by
school property, funds, or other assets;
       (6) must maintain a transaction register
that includes a complete record of all funds expended over one hundred dollars,
from any source, for any purpose. The register must:
  (a) be prominently posted on the
school's website and made available for public viewing and downloading;
  (b) be accompanied by a complete
explanation of any codes or acronyms used to identify a payee or an
expenditure;
  (c) be searchable and updated at least
once a month;
  (d) include for each expenditure:
  (i) the transaction amount;
  (ii) the name of the payee; and
  (iii) a statement providing a detailed
description of the expenditure; and
  (e) not include:
  (i) an entry for salary, wages, or other
compensation paid to individual employees; and
  (ii) any information that can be used
to identify an individual employee;
        (7) must maintain on its website a copy
of each monthly statement for all credit cards maintained by the school and by
a management organization used for the benefit of the school, including credit
cards issued to its officers or employees for official use. The credit card
number on each statement must be redacted prior to posting on the website. Each
credit card statement must be posted within thirty days after the first payment
is made toward the balance shown on the statement. No personal credit cards may
be used by an employee or board member for purchases over two hundred fifty
dollars directly related to the school or its operations;
       (4)(8) must be considered a school district for purposes of
tort liability under South Carolina law, except that the tort immunity does not
include acts of intentional or wilful racial discrimination by the governing
body or employees of the charter school. Employees of charter schools must be
relieved of personal liability for any tort or contract related to their school
to the same extent that employees of traditional public schools in their school
district or, in the case of the South Carolina Public Charter School District
or a public or independent institution of higher learning sponsorauthorizer, the local school district in which the
charter school is located are relieved;
       (5)(9) may in its discretion, hire noncertified teachers in a ratio of up to
twenty-five percent of its entire teacher staff;  however,
if it is a converted charter school, it shall hire in its discretion
noncertified teachers in a ratio of up to ten percent of its entire teacher
staff. However, in either a new or converted charter school, a teacher teaching
in the core academic areas as defined by the federal law No Child Left Behind law must
be certified in those areas or possess a baccalaureate or graduate degree in
the subject he or she is hired to teach. Part-time noncertified teachers are
considered pro rata in calculating this percentage based on the hours which
they are expected to teach. Any teacher, regardless of
certification status, who resigns, is suspended, or is terminated amid
allegations of unprofessional conduct must be reported to the Department of
Education by the authorizer;
       (10) must perform Department of Social
Services Child Abuse and Neglect Registry criminal history record checks as
applicable to all public schools for all school personnel, governing board of
directors, volunteers, and other individuals who regularly come into contact
with students, as defined in Section 59-19-117;
       (6)(11) must hire or contract
for, in its discretion, administrative staff, including a school leader, to
oversee the daily operation of the school. At least one of the administrative
staff must be certified or experienced in the field of school administration.; An
administrator must be physically present onsite during school operating hours;
       (7)(12) must admit all children eligible to attend public
school to a charter school, subject to space limitations, except in the case of
an application to create a single gender charter school,
or, in the case of a charter school designated as
an Alternative Education Campus, pursuant to Section 59-40-111, with an
explicit mission and purpose of specializing in providing evidence-based,
specific educational or behavioral health services for educationally
disadvantaged students with a demonstrated need for such services. Demonstrated
need may include, but not be limited to, as documented in an Individualized
Education Program (IEP), 504 plan, a medical or psychological diagnosis, or
documentation that the student is not meeting grade-specific standards in literacy
as documented by the student's school. For purposes of this section,
educationally disadvantaged students are those students as defined by the Every
Student Succeeds Act (ESSA) or other subsequent federal
law. Evidence-based services must include, but are not limited to,
services to students who need evidence-based, specialized, multi-sensory
instruction in literacy or other services included in the student's IEP or 504
plan. This specialized mission and purpose must be defined in the school's charter
and charter contract as approved by the sponsor authorizer and as allowed by ESSA or
other federal law. However, it is required that the
racial composition of the charter school enrollment reflect that of the local
school district in which the charter school is located or that of the targeted
student population of the local school district that the charter school
proposes to serve, to be defined for the purposes of this chapter as differing
by no more than twenty percent from that population. This requirement is also
subject to the provisions of Section 59-40-70(D). If the number of
applications exceeds the capacity of a program, class, grade level, or
building, students must be accepted by lot, and there is no appeal to the sponsorauthorizer. In the
case of a charter school designated as an Alternative Education Campus,
pursuant to Section 59-40-111, that is serving educationally disadvantaged
students, if the number of applicants exceeds the capacity of a program, class,
grade level, or building, students may be accepted by weighted lot as allowed
by ESSA or other federal law with mission-aligned
preference and the process clearly described in their charter and charter
contract approved by their sponsorauthorizer, and there is no appeal to the sponsorauthorizer;
       (8)(13) not limit or deny admission or
show preference in admission decisions to any individual or group of
individuals, except in the case of an application to create a single gender
charter school, in which case gender may be the only reason to show preference
or deny admission to the school;  a charter school may give enrollment priority
to a sibling of a pupil currently enrolled and attending, or who, within the
last six years, attended the school for at least one complete academic year. A
public charter school shall give enrollment preference to students enrolled in
the public charter school the previous school year. An enrollment preference
for returning students excludes those students from entering into a lottery. A
charter school also may give priority to children of a charter school employee
and children of the charter committee, if priority enrollment for children of
employees and of the charter committee does not constitute more than twenty
percent of the enrollment of the charter school. In the case of a charter
school designated as an Alternative Education Campus, pursuant to Section
59-40-111, mission-aligned preference may be given to educationally
disadvantaged students as specifically defined in their charter and charter
contract approved by their sponsor and as allowed by ESSA. In addition, a
charter school located on a federal military installation or base where the
appropriate authorities have made buildings, facilities, and grounds on the
installation or base available for use by the charter school as its principal
location also may give enrollment priority to otherwise eligible students who
are dependents of military personnel living in military housing on the base or
installation or who are currently stationed at the base or installation not to
exceed fifty percent of the total enrollment of the charter school. This
priority is in addition to the other priorities provided by this item, but no
child may be counted more than once for purposes of determining the percentage
makeup of each priority;(a) must not limit or deny
admission or show preference in admission decisions to any individual or group
of individuals, except in the case of an application to create a single gender
charter school, in which case gender may be the only reason to show preference
or deny admission to the school or as allowed by subitems (b) and (c).
  (b) must give preference to students
enrolled in the public charter school the previous year.
  (c) may give enrollment preference to
any of the following by enrolling the student without requiring participation
in a lottery when a lottery is otherwise required under this chapter:
  (i) a sibling of a pupil currently
enrolled and attending, or who, within the last six years, attended the school
for at least one complete academic year;
  (ii) a child or children of any
employee of the charter school or member of the charter school committee,
provided that the number of students eligible for this preference may not
exceed twenty percent of the school's total enrollment;
  (iii) dependents of active-duty
members of the military residing or stationed in this State, limited to not
more than ten percent of the school's total enrollment except for schools
meeting the provisions of subitem (f). Dependents of active-duty military
members are subject to the enrollment provisions of Section 59-63-33.
  (d) may enroll a student eligible for
multiple enrollment preferences based on only one of the preferences, at the
charter school's discretion. A student eligible for an enrollment preference
that is denied the enrollment preference because the charter school has
exceeded the number of enrollment preferences allowed must be permitted to
participate in any enrollment lottery held by the school for the year the
enrollment preference is denied;
  (e) may, in the case of a charter school
designated as an Alternative Education Campus, pursuant to Section 59-40-111,
mission-aligned preference may be given to educationally disadvantaged students
as specifically defined in their charter and charter contract approved by their
authorizer and as allowed by ESSA;
  (f) may, if a charter school is located
on a federal military installation or base where the appropriate authorities
have made buildings, facilities, and grounds on the installation or base
available for use by the charter school as its principal location, give
enrollment priority to otherwise eligible students who are dependents of
military personnel living in military housing on the base or installation or
who are currently stationed at the base or installation not to exceed fifty
percent of the total enrollment of the charter school. This priority is in
addition to the other priorities provided by this item, but no child may be
counted more than once for purposes of determining the percentage makeup of
each priority;
       (9)(14) must consist of a board of directors of seven or more
individuals with the exact number specified in or fixed in accordance with the
bylaws. Members of a board of directors may serve a term of two years, and may
serve additional terms. The charter school's bylaws shall
require staggered terms for board members with an election for two or more
board positions occurring every two years. A choice
of the membership of the board must take place every two years. Fifty
percent of the members of the board as specified by the bylaws must be
individuals who have a background in K-12 education or in business, and the
bylaws of the charter school also must provide for the manner of selection of
these members. In addition, at least fifty percent of the members of the board
as specified by the bylaws must be elected by the employees and the parents or
guardians of students enrolled in the charter schoolschools governed by the board. Parents
or guardiansOne parent or guardian of each student
shall be designated to cast have
one vote per open board seat in the election for
each student they have enrolled in the charter
school. Employees of the charter school shall have one
vote per open board seat. Employees who also have at least one child enrolled
in the school shall retain their vote as an employee and may also be designated
to cast votes in the same manner as other parents. All members must be
residents of the State of South Carolina. A person who has been convicted of a
felony must not be elected to a board of directors. If the board of directors
consists of an odd number of members, the extra member must be an individual who
has a background in K-12 education or in business. Notice
of the election must be posted on its website at least thirty days in advance
of the election;
       (10)(15) must be subject to the
Freedom of Information Act, including the charter school and its governing
body. A board of directors of a charter school shall notify its sponsor authorizer of any
regular meeting of the board at least forty-eight hours prior to the date on
which it is to occur;
       (11)(16) must be subject to the
ethics and government accountability requirements for public members and public
employees as contained in Chapter 13, Title 8. For purposes of this subsection,
members of the charter school boards are considered public
members and employees of the charter school board,
including individuals assigned to charter schools who are employed by
management organizations, are considered public employees. The charter
contract in accordance with Section 59-40-60(B) must contain a statement of
assurance of ethical compliance on behalf of the school.;
       (17) must notify and provide a
copy of any executed or amended management organization contracts to the
authorizer. All management organization contracts must also be posted in a
prominent location on its website;
       (18) must collect, maintain, and make
available to its authorizer the following information concerning the operation
and management of the charter school:
  (a) a list of members currently serving
on the board of the charter school, including name, address, and term of
office;
  (b) copies of policies approved by the
board of the charter school;
  (c) board of the charter school meeting
minutes and agendas;
  (d) annual financial reports, including
a copy of audited financial statements of the charter school;
  (e) a copy of the budget approved by the
board of the charter school with any amendments;
  (f) all health and safety reports and
certificates, including those related to fire safety, environmental matters,
asbestos inspection, boiler inspection, and food service; and
  (g) any management letters issued as
part of the annual financial audit;
       (19) must post on the school's website
the most recent version of the school's bylaws and board policies, including
but not limited to the policies and procedures pursuant to Section
59-40-60(F)(13) and (14).
SECTION 3.  Section 59-40-55 of the S.C. Code is amended to read:
    Section
59-40-55.  (A) In order to promote
the quality of charter school outcomes and oversight, the charter
school sponsor shall adopt national industry standards of quality charter
schools and shall authorize and implement practices
Department of Education shall establish and implement policies, procedures, and
practices to ensure quality authorizing, good governance and accountability
that clearly define the roles and responsibilities of the authorizer consistent
with state law. consistent with those standards.
    (B) A
charter school sponsor authorizershall:
       (1)
may approve charter applications pursuant to Section 59-40-60 that meet the requirements
specified in Sections 59-40-50 and 59-40-60 except that
institutions of higher learning authorizers may choose to only approve those
charter applications that meet the requirements of this chapter and align with
the mission and strategic plan of the institution of higher learning authorizer;
       (2)
must decline to approve charter applications
according to Section 59-40-70(C) or an application
submitted by a charter school whose applicant is also a member of the State
Board of Education, the Education Oversight Committee, or a local school
district board of trustees;
       (3)
must negotiate and execute sound charter contracts
with each approved charter school including but not
limited to specific outcome-based expectations concerning academics,
operations, governance, and finance based on the school's charter contract;
       (4)
must monitor, in accordance with charter contract
terms, the performance and legal/fiscal compliance of charter schools with charter-specific state law, Department of Education
policies, procedures, and practices and policies adopted by the authorizer's
governing board including, but not limited to,
include collecting and analyzing data to support
ongoing evaluation according to the charter contract;
       (5)
must conduct or require oversight activities that
enable the sponsor authorizer to
fulfill its responsibilities outlined in this chapter, including conducting
appropriate inquiries and investigations, only if those activities are
consistent with the intent of this chapter, adhere to the terms of the charter
contact, and do not unduly inhibit the autonomy granted to public charter
schools;
       (6)
must collect, in accordance with Section
59-40-140(H), an annual report from each of its sponsored authorized charter schools and submit the reports to the Department of Educationthe report on the academic and financial performance of each of
its authorized charter schools and authorizers performance to the State Board
of Education in a format prescribed by the Department of Education before January
thirtieth;
       (7)
must notify the charter school in writing of perceived problemsnoncompliance if itswith the school's  performance or
legal compliance appears to be unsatisfactorycharter
or contract and provide reasonable opportunity for the school to remedy
the problem, unless the problem warrants revocation and revocation timeframes
apply. ;The school shall have up to thirty calendar days to respond, in
writing, describing how the issue will be remedied. If the problem warrants
revocation, then the authorizer shall notify the school in writing and provide
a copy to the State Superintendent of Education at the same time the school is
notified and revocation timeframes apply;
       (8)
must develop a corrective action plan and take
appropriate corrective actions or exercise sanctions short of revocation in
response to apparent deficiencies as documented pursuant
to item (7) in charter school performance or legal compliance. If the corrective action plan or corrective actions relate to
special education services, then the authorizer shall provide a copy of the
letter denoting the deficiencies and the corrective action plan to the
Department of Education. These actions or sanctions may include
requiring a the school
to develop and execute a the corrective
action plan within a specified timeframe;
       (9)
must determine whether each charter contract merits
renewal, nonrenewal, or revocation;
       (10)
must provide to parents and the general public
information about charter schools authorized by the sponsor
authorizer as an enrollment option within
the district in which the charter school is located to the same extent and
through the same means as the district in which the charter school is located
provides and publicizes information about all public schools in the district. A
charter school shall notify its sponsor authorizer of its enrollment procedures and dates of its
enrollment period no less than sixty days before the first day of its
enrollment period;  and
       (11)
must permanently close any charter school at the
conclusion of the school year after receiving the lowest performance level
rating as defined by the state federal accountability system for three consecutive years
in accordance with Section 59-40-110(E)(H); however, the first year of a school's operation shall be
excluded for purposes of this section;
       (12) must, within thirty days of
submission or execution to the authorizer, post in a prominent location on its
website all charter school applications, renewal applications, and any
management organization contracts associated with the charter schools;
       (13) must post in a prominent
location on its website their budget as an authorizer, including revenues,
source of revenue, and expenditures. If the authorizer has charged fees to a
charter school for services, then those fees must be listed by individual
school;
       (14) must review and notify the
charter schools of any noncompliance related to management organization contracts;
       (15) must be subject to the ethics and
government accountability requirements for public members and public employees
in Chapter 13, Title 8. For purposes of this subsection, members of the
authorizer's governing boards are considered public members, and employees of
the authorizer's governing board are considered public employees;
       (16) must be subject to Section
11-35-5340 of the South Carolina Consolidated Procurement Code or implements a
procurement code which, in the written opinion of the Division of Procurement
Services of the State Fiscal Accountability Authority, is substantially similar
to the provisions and purposes of the South Carolina Consolidated Procurement
Code;
       (17) must be subject to audits by the
Legislative Audit Council. For the purpose of carrying out its audit duties,
the Legislative Audit Council shall have access to the records and facilities
of each authorizer during the authorizer's normal operating hours, and each
authorizer must produce records requested by the Legislative Audit Council. The
provisions contained in Chapter 15, Title 2, related to the Legislative Audit
Council shall apply to audits conducted pursuant to this section;
       (18) must review and monitor the
implementation of enrollment procedures submitted by the charter school
pursuant to Section 59-40-50(B)(12) to ensure compliance with the admission
requirements established pursuant to Sections 59-40-50(B)(12) and (13);
       (19) must be subject to the South
Carolina Freedom of Information Act; and
       (20) must not receive commissions,
rebates, or financial incentives related to insurance products purchased by the
charter school.
    (C)(1) The South Carolina Public Charter
School District may retain no more than two percent of the total state
appropriations for each charter school it authorizes to cover the costs for
overseeing its charter schools.A statewide
authorizer shall only retain or contract to retain two percent of the total
state allocation distributed to charter schools, as appropriated annually
through the state appropriations process, for each charter school it authorizes
for the purpose of carrying out its oversight and administrative
responsibilities. With approval by the Department of Education, an authorizer
may offer additional services related to charter school operations to charter
schools it sponsorsauthorizes,
however the charter school shall be under no obligation to purchase those
services from the authorizer. A charter school may not be penalized or have its
charter revoked based upon their failure to purchase offered services from the
authorizer. A charter authorizer offering such services shall post a list of
those services and the cost of the service in a prominent place on the
authorizer's website. The sponsor's administrative
fee amount retained by the authorizer does
not include costs incurred in delivering services that a charter school may
purchase at its discretion from the sponsorauthorizer. The sponsor's fee is not
applicable to federal money or grants received by the charter school. The amount authorizers may claim for administration of federal
funded programs or grants is subject to the terms and conditions of the federal
program or grant. The sponsor authorizer shall use its funding provided pursuant to
this section exclusively for the purpose of fulfilling sponsor
authorizer obligations in accordance with
this chapter.
       (2)(a)
If the Department of Education determines an authorizer has violated this
provision, a written notice of the alleged violation shall be provided to the
authorizer. The authorizer shall have thirty calendar days from receipt of the
notice to submit documentation and any other relevant evidence demonstrating
the authorizer is in compliance with this provision. Upon a determination by
the Department of Education that a violation has occurred, the State
Superintendent of Education may:
  (i) order reimbursement of improperly
charged amounts to the charter schools;
  (ii) revoke the authorizer's authority
to charter or authorize schools, and all schools may apply to transfer to a
different authorizer using to the process established by the Department of
Education pursuant to Section 59-40-55(D); or
  (iii) order other appropriate relief.
  (b) The authorizer may file an appeal
with the State Board of Education within thirty days of the decision by the
State Superintendent of Education to revoke an authorizer's authority to
authorize schools. After an appeal is filed, the State Board of Education must
hold a public hearing regarding the appeal within fourteen days. All appeals
from the State Board of Education's decisions to terminate a public or
independent institution of higher learning authorizer registration shall be
made to the Administrative Law Court. The authorizer shall not demand or
withhold any unspent appropriated funds held by or owed to a charter school
that is transferring under the provisions of this section and may not charge
fees associated with the school moving to another authorizer.
  (c) A charter school authorizer, or an
entity affiliated with or owned or created by an authorizer, is prohibited
from:
  (i) contracting with schools or
otherwise selling services to schools over which the authorizer has direct
oversight, such as financial services;
  (ii) using its authority or position as
authorizer to influence, induce, or attempt to influence or induce, a charter
school to contract for additional services provided by the authorizer;
  (iii) using authority or position as
an authorizer to unfairly compete with any private entity or enterprise
offering similar services to charter schools;
  (iv) using state funds, including any
funds retained under Section 59-40-55(C)(1), to fund, market, or promote any
additional contracted services offered to charter schools in exchange for a
fee;
  (v) contracting with a charter school to
provide services necessary to remedy any alleged noncompliance with the terms
of the charter contract or applicable law;
  (vi) utilizing state funds, including
any funds retained under Section 59-40-55(C)(1), for any purpose not directly
related to fulfilling its obligations as an authorizer under this Chapter and
pursuant to any other state law or regulation;
  (vii) receiving direct or indirect
compensation from any contract entered into by a school it authorizes and a
third party; however, nothing in this section shall prohibit an authorizer from
leasing a building, or providing food service or transportation, to schools it
authorizes; and
  (viii) conditioning approval,
renewal, or evaluation outcomes on the purchase of any goods or services.
  (d) The Department of Education shall
terminate approval of any authorizer that is found by either the department or
a court to have violated the requirements of this section or the requirements
of Chapter 13 of Title 8.
    (D) The Department of Education
shall conduct annual reviews aligned to the current state school district
accreditation timeline, to monitor and evaluate the performance of all charter
school authorizers, informed by the annual report provided for in this section.
The review process must include an examination of how authorizers meet
standards and practices, an evaluation of each authorizer's charter school's
performance, and review of each authorizer's record of renewal, revocation, and
authorization decisions. In addition, the Department of Education shall
establish a process for receiving and reviewing complaints regarding charter
schools and authorizers. These reports shall be considered in its annual
reviews. The Department of Education shall issue notices of concern, in
writing, to the authorizer that must include descriptions of all performance
concerns and establish a timeline by which the authorizer must correct any
issues or deficiencies. In the case of a public or independent institution of
higher learning authorizer repeatedly failing to meet one or more of the
requirements contained in subsection (B) over a period of three years, the
Department of Education may terminate a charter school authorizer's
registration. The State Board of Education shall allow a public or independent
institution of higher learning authorizer the opportunity to have a hearing before
registration termination. All appeals from the State Board of Education's
decisions to terminate a public or independent institution of higher learning
authorizer registration shall be made to the Administrative Law Court. If a
public or independent institution of higher learning authorizer's registration
is terminated, the Department of Education shall develop a streamlined transfer
application for charter schools to apply to a new authorizer for the remainder
of the charter school's contract term; however, if no new authorizer agrees to
the transfer request, the charter school must close. The Department of
Education shall create an authorizer closure protocol to be fully implemented
within 180 days of the closure of the public or independent institution of
higher learning affiliated with an authorizer, a timeline, and an application
process for the transfer of any charter schools by a new authorizer. Operating
charter schools shall not be required to resubmit a full application unless the
new authorizer specifically identifies an area of concern. New charter schools
under contract may be required to submit a full application by the new
authorizer.
SECTION 4.  Section 59-40-60(F) of the S.C. Code is amended to
read:
    (F) The charter school application,
based on an application template with compliance guidelines developed by the State Department of Education, must include:
       (1)
an executive summary, not to exceed two pages;
       (2)
the mission statement of the charter school, which must be consistent with the
principles of the General Assembly's purposes pursuant to Section 59-40-20;
       (3)
the measurable goals, objectives, and academic
performance standards to be achieved by the charter school, and a description
of the charter school's admission policies and procedures;
       (4)
evidence that an adequate number of parents or legal guardians with students
eligible to attend the proposed school pursuant to Section 59-40-50 support the
formation of a charter school and justify the projected per pupil allocation in
the application budget;
       (5)
a description of the charter school's educational program, including how it
will meet or exceed the academic performance standards and expectations,
including academic standards adopted by the State Board of Education and how
the instructional design, learning environment, class size and structure, school calendar, scheduling flexibility, use of virtual
instruction, curriculum, and teaching methods enable each pupil to
achieve these standards;
       (6)
a description of the charter school's plan for evaluating pupil achievement and
progress toward accomplishment of the school's achievement standards in
addition to state assessments, the timeline for meeting these standards, and
the procedures for taking corrective action if that pupil achievement falls
below the standards;
       (7)
evidence that the plan for the charter school is economically sound, a proposed
budget to start the charter school and a proposed budget for
the entire contractual term of the charter, a
description of the manner in which an annual audit of the financial and
administrative operations of the charter school, including any services
provided by the sponsorauthorizer,
is to be conducted;
       (8)
a description of the governance and operation of the charter school, including
a detailed school start-up plan, resumes and background information on the
charter committee members, the capacity and experience of the school leadership
and management team, any involvement with the replication of existing
successful public charter schools, any proposed management
company or educational service provider responsibilities, any proposed management organization, and the nature and
extent of parental, professional educator, and community involvement in the
governance and operation of the charter school;
       (9)
a description of how the charter school plans to ensure
that the enrollment of the school is similar to the racial composition of the
local school district in which the charter school is to be located or the
targeted student population of the local school district that the charter
school proposes to serve and provide assurance that the school does not
conflict with any school district desegregation plan or order in effect for the
school district in which the charter school is to be located conduct community outreach to ensure all members of the
community are aware of the school and have an opportunity to enroll;
       (10)
a description of how the charter school plans to meet the
transportation needs of its pupilstransportation
services to be provided, if any;
       (11)
if available, a description of the school location by address, or, at a minimum, zip code, the
school building, other facilities, and
equipment and how they shall be obtained. If this
information is not yet available, it shall be updated as soon as facilities are
secured;
       (12)
an explanation of the employment relationship that
shall exist between the proposed charter school, or its
management organization, and its employees,the administration, faculty, and staff of the charter school,
including a staffing chart aligned with the budget and student enrollment
projections, and descriptions of evaluation
procedures, and evidence that the terms and conditions of
employment have been addressed with affected employees;
       (13)
a description of a reasonable grievance and termination procedure for teachers employed by the school or employed by the school's
management organization, as required by this chapter, including notice
and a hearing before the governing body of the charter school. The application
must state whether or not the provisions of Article 5, Chapter 25, Title 59
apply to the employment and dismissal of teachers at the charter school;
       (14)
a description of student rights and responsibilities, including attendance, behavior and discipline standards, and a
reasonable hearing procedure, including notice and a hearing before the board
of directors of the charter school before expulsion;
       (15)
an assumption of liability by the charter school for the activities of the
charter school and an agreement that the charter school must indemnify and hold
harmless the sponsorauthorizer,
its servants, agents, and employees, from any and all liability, damage,
expense, causes of action, suits, claims, or judgments arising from injury to
persons or property or otherwise which arises out of the act, failure to act, employment practices, or negligence of the charter
school, its agents and employees, in connection with or arising out of the
activity of the charter school;  and
       (16)
a description of the types and amounts of insurance coverage to be obtained by
the charter school.;
       (17) a copy of any proposed
management organization contracts contemplated by the charter school. The
contract must include a term sheet that sets forth the length of the contract,
the roles and responsibilities of the governing board of the charter school,
the staff of the charter school, the staff of the management organization, the
scope of services and resources to be provided by the management organization,
the performance evaluation measures and timelines, the compensation structure,
including clear identification of all fees to be paid to the management
organization, the methods of contract oversight and enforcement, the conditions
of renewal and termination of the contract and assurances that the governing
board of the charter school, at all times, maintains independent fiduciary
oversight and authority over the school budget and ultimate responsibility for
the school's performance. The contract shall not allow profit-sharing with the
authorizer or any affiliated entity;
       (18) evidence the applicant has filed
the appropriate documents to be organized as a nonprofit corporation under
South Carolina Law;
       (19) a statement of assurances for the
applicant to execute affirming the applicant understands and agrees to perform
the essential responsibilities and obligations of a charter school;
       (20) in the case of a proposed charter
school using a virtual learning model as its primary mode of delivering
instruction, the application must include information regarding the following
requirements to be performed by the charter school's board:
  (a) The requirement that the charter
school's board offer a student orientation and notify the parent or guardian of
each enrolled student of the requirement to participate, and that each student
complete the orientation before participating in any instructional activity.
  (b) The requirement that the board adopt
a policy addressing a student's failure to participate in instructional
opportunities. The policy must provide that a student is subject to
consequences, which may include disenrollment, if both of the following conditions
are met:
  (i) after the student's parent or
guardian receives written notice, the student fails to comply with the policy
within a reasonable period specified by the school; and
  (ii) intervention strategies outlined
in the policy fail to result in the student's consistent participation in
instructional activities.
  (c) The requirement that the policy
adopted pursuant to subitem (b) provides, if a student is disenrolled pursuant
to this policy, the school shall:
  (i) notify the parent or guardian in
writing of the obligation to enroll the student in a school in accordance with
state law;
  (ii) initiate the transfer of the
student to the district of residence;
  (iii) request that the parent or
guardian provide the name of the school, and, if applicable, the district in
which the student will enroll; and
  (iv) coordinate directly with the
receiving school or district to transfer student records and any other
documentation necessary to support appropriate educational placement.
  (d) For purposes of this item
"instructional opportunities" means classroom-based or non-classroom-based
activities a student is expected to complete, participate in, or attend during
a school day including, but not limited to:
  (i) logging into online curriculum or
programs;
  (ii) completing offline activities;
  (iii) completing assignments
associated with a program, curriculum, or course;
  (iv) testing;
  (v) participating in face-to-face
meetings with school staff or service providers;
  (vi) participating in telephone or
video conferences with school staff or service providers; and
  (vii) engaging in other documented
communications with school staff or service providers related to curriculum or
programs.
    (H) Prior to November 1, 2026, the
Department of Education shall develop a separate application for replication to
encourage creation of additional charter schools that fulfill the purpose and
mission of this chapter. The application for replication must focus on
submission of data and information to demonstrate the prior record of the
existing school and how such record will be repeated at the replicated school.
No school that has received an overall rating of less than "Average" on the
South Carolina School Report Card at any time during the preceding three years
shall be eligible to apply for replication. An existing charter school that
seeks to expand operations to a location situated more than one mile from its
original campus shall apply for replication in accordance with this section
This provision does not apply to a charter school that is relocating its entire
operations from one facility to another.
SECTION 5.  Section 59-40-65 of the S.C. Code is amended to read:
    Section
59-40-65.  (A) As
used in this section:
       (1) "Online, virtual, or
computer instruction" means delivery of academic instruction over the internet
using electronic devices to students who are not required to be at a specific
physical location to receive instruction.
       (2) "Synchronous instruction" means
virtual instruction in which the instructor is able to interact with students
in real time and during a scheduled time-period when the instructor and student
both must be online for the student to be counted as present.
       (3) "Asynchronous instruction" means
virtual instruction in which the instructor is not able to interact with
students in real time and may include recorded lessons or lectures and other
on-demand instruction when the teacher and student are not required to be
online at the same specified time.
    (B) If the governing body of a
charter school offers as part of its curriculum a program of online or computer virtual instruction,
this information pursuant to
Section 59-40-60(F)(20) shall be included in the application and the
governing body shall be required to:
       (1)
provide each student enrolled in the program with a course or courses of online
or computer instruction approved by the charter school's sponsor
authorizer that must meet or exceed the
South Carolina content and grade-specific standards. Students enrolled in the
program of online or computer instruction must receive all instructional
materials required for the student's program;
       (2)
ensure that the persons who operate the program on a day-to-day basis comply
with and carry out all applicable requirements, statutes, regulations, rules,
and policies of the charter school;
       (3)
ensure that each course offered through the program is taught by a teacher
meeting the requirements of Section 59-40-50;
       (4)
ensure that a parent or legal guardian of each student verifies the number of
hours of educational activities completed by the student each school year;
       (5)
adopt a plan by which it will provide:
  (a)
frequent, ongoing monitoring to ensure and verify that each student is
participating in the program, including proctored assessment(s) per each semester in core
subjects graded or evaluated by the teacher, and at least bi-weekly
parent-teacher conferences in person or by telephone;
  (b)
regular instructional opportunities in real time that are directly related to
the school's curricular objectives, including, but not limited to, meetings
with teachers and educational field trips and outings;
  (c)
verification of ongoing student attendance in the program;
  (d)
verification of ongoing student progress and performance in each course as
documented by ongoing assessments and examples of student coursework;
       (6)
administer to all students in a proctored setting all applicable assessments as
required by the South Carolina Education Accountability Act.
    (B)
Nothing in this section shall prohibit a charter school that provides a program
of online or computer instruction from reimbursing families of enrolled
students for costs associated with their Internet connection for use in the
program.
    (C) A
charter school shall provide no more than seventy-five percent of a student's
core academic instruction in kindergarten through twelfth grade via an online
or computer instruction program. The twenty-five percent of the student's core
academic instruction may be met through the regular instructional opportunities
outlined in subitem (A)(5)(b).
    (D)
Charter school students may enroll in the Department of Education's virtual
education program pursuant to program requirements.
    (E)
Private or homeschool students choosing to take courses from a virtual charter
school may not be provided instructional materials, or any other materials
associated with receiving instruction through a program of online or computer
instruction at the state's expense.
    (F)
Only students enrolled in the charter school as a full-time student shall be
reported in the charter school's average daily membership to the State Department of Education for the purposes of
receiving state or federal funds. Private and homeschool students may not be
included in the student weighted pupil units or average daily membership
reported to the State Department of Education for
the purposes of receiving state or federal funds.
    (G) A virtual school shall ensure the
following:
       (1) Students have daily access to
teachers during the instructional day for live teaching, tutoring,
conferencing, and intervention;
       (2) Students are able to access
synchronous instructional opportunities appropriate to grade level and course
needs on each of the student's instructional days if necessary;
       (3) Student attendance and participation
may be demonstrated through a combination of participation in live sessions,
completion of assigned coursework, communication with teachers, measurable
academic progress, assessments, or other documented engagement measures; and
       (4) Asynchronous instruction may include
recorded lessons, adaptive learning platforms, guided independent work, digital
curriculum, and other teacher-assigned learning tasks.
SECTION 6.  Section 59-40-70 of the S.C. Code is amended to read:
    Section
59-40-70.  (A)(1) An applicant shall
submit a letter of intent at least ninety days before submitting an application
to the board of trustees or area commission from which it
is seeking sponsorship and a copy to the South Carolina Department of Educationto the authorizer or authorizers from which it is seeking
authorization and within the same school year to which it intends to apply. A
copy of the letter must also be submitted to the Department of Education.
       (2)
An applicant shall submit the application to the board of trustees or area
commission from which it is seeking sponsorship and one copy to the South Carolina Department of Education. In the case of
the South Carolina Public Charter School District or a public or independent
institution of higher learning sponsorauthorizer, the applicant shall provide notice of the
application to the local school board of trustees in which the charter school
will be located for informational purposes only. The school
district or the public or independent institution of higher learningauthorizer from which the applicant is seeking sponsorship authorization may
request clarifying information from the applicant. The State
Department of Education shall provide guidance on compliance to both sponsors the authorizer and
applicants.
       (3)
The applicant shall notify the local delegation of a county in which a proposed
charter school is to be located upon submission of a charter school application
and also shall provide a copy of the charter school application upon request by
a member of the local delegation.
       (4) The Department of Education shall
post for each application cycle a list of all applicants including the name of
the proposed charter school, the name of the proposed authorizer, and the area
in which the proposed charter school will be located.
    (B)(1) The board of trustees or area
commission from which the applicant shall present
its application at a public hearing and the authorizer from which the applicant
is seeking sponsorshipauthorization
shall rule on the application for a charter school in a public hearing, upon
reasonable public notice, within no more than ninety days after receiving the application.
If there is no ruling within ninety days, the application is considered conditionally approved pending
correction by the applicant of any identified deficiencies in the application
and submitted to the authorizer within thirty days of conditional approval.
OnceIf the application has beenis approved by the board of trustees or area commissionauthorizer,
the charter school may open at the beginning of the following year upon completion of a planning year. However, before a
charter school may open, the charter school must meet the
pre-opening conditions included in the charter contract and the State Department of Education shall verify the accuracy
of the financial data for the school within forty-five days after approval.
       (2) At least ten business days prior to
an applicant's public meeting, the authorizer must provide the applicant with
written notice of their public meeting, which must contain the date, location,
and time of the meeting. At least five business days prior to the public
meeting, the authorizer must provide the applicant with a written evaluation
report using the rubric aligned with the Department of Education application
and any published authorizer evaluation criteria.
       (3) At least two business days prior to
an applicant's public meeting, the applicant must provide the authorizer with
any rebuttal material the applicant intends to present at the meeting.
    (C) A
board of trustees or area commission shall deny an application only if the
application does not meet the requirements specified in Section 59-40-50 or
59-40-60, fails to meet the spirit and intent of this
chapter, or adversely affects, as defined in regulation, the other students in
the district in which the charter school is to be located, or if, based
on the totality of information provided by the applicant, the board of trustees
or area commission determines that the applicant has failed to demonstrate a
substantial likelihood that it has the capacity to establish a viable school.  based on national industry
standards of quality charter school authorization. It shall provide,
within ten days, a written explanation of the reasons for denial, citing
specific standards related to provisions of Section 59-40-50 or 59-40-60 that
the application violates. This written explanation immediately must be sent to
the charter committee and filed with the State Board of Education.
    (D) In the event that the
racial composition of an applicant's or charter school's enrollment differs
from the enrollment of the local school district in which the charter school is
to be located or the targeted student population of the local school district
by more than twenty percent, despite its best efforts, the board of trustees or
area commission from which the applicant is seeking sponsorship shall consider
the applicant's or the charter school's recruitment efforts and racial
composition of the applicant pool in determining whether the applicant or
charter school is operating in a nondiscriminatory manner. A finding by the
board of trustees or area commission that the applicant or charter school is
operating in a racially discriminatory manner justifies the denial of a charter
school application or the revocation of a charter as provided in this section
or in Section 59-40-110, as may be applicable. A finding by the board of
trustees or area commission that the applicant is not operating in a racially
discriminatory manner justifies approval of the charter without regard to the
racial percentage requirement if the application is acceptable in all other
aspects.
    (D) If the board of trustees or area commission
from which the applicant is seeking sponsorship authorization denies a charter school application, the
charter applicant may appeal the denial to the Administrative Law Court
pursuant to Section 59-40-90.
    (E)
If the board of trustees or area commission approves the application, it
becomes the charter school's sponsor authorizer and shall sign the approved application. The sponsor authorizer shall
submit a copy of the charter contract to the State Board of Education.
    (G) If a local school board
of trustees has information that an approved application by the South Carolina
Public Charter School District or a public or independent institution of higher
learning sponsor adversely affects the other students in its district, as
defined in regulation, or that the approval of the application fails to meet
the spirit and intent of this chapter, the local school board of trustees may
appeal the granting of the charter to the Administrative Law Court. The
Administrative Law Court, within forty-five days, may affirm or reverse the
application for action by the South Carolina Public Charter School District or
the public or independent institution of higher learning in accordance with an
order of the state board.
SECTION 7.  Section 59-40-75 of the S.C. Code is amended to read:
    Section
59-40-75.  (A) A member of the South Carolina Public Charter School District or of the
governing board or sponsor of the charter schoolthe
governing board of an authorizer or a charter school who is indicted in
any court for any crime, or has waived the indictment if permitted by law, may
be suspended by the Governor, who shall appoint another in his stead until he
is acquitted or the charges are dismissed. In case
of conviction, the office must be declared vacant by the Governor and the
vacancy filled as provided by lawin the same manner as provided for full-term appointments.
    (B)
Notwithstanding another provision of law to the contrary, members
of a charter school board of directorsmembers of an
authorizer or charter school governing board who wilfully commit or
engage in an act of malfeasance, misfeasance, chronic
unexcused absenteeism, conflicts of interest, misconduct, or persistent
neglect of duty in office, or are deemed medically incompetent
or medically incapacitated, may
be removed from officemust be subject to removal
by the Governor upon any of the forgoing causes being made to appear to the satisfaction of the Governor.  Before
removing any such the officer,
the Governor shall inform him in writing of the specific charges brought
against him and give him an opportunity on reasonable notice to be heard.
Vacancies occurring in the membership of any board of
directorsgoverning board as a result of
removal pursuant to this subsection must be filled in the manner provided in
the charter school's bylawssame
manner as provided for full-term appointments.
    (C)
Whenever it appears to the satisfaction of the Governor that probable cause
exists to charge a member of the South Carolina Public
Charter School District or of the governing board of an authorizer or a the charter
school who has the custody of public or trust funds with embezzlement or the
appropriation of public or trust funds to private use, then the Governor shall
direct his immediate prosecution by the proper officer.
    (D)(1) An individual is prohibited from
serving as a member of the governing board or employee of either a charter
school or charter school authorizer if the individual or an immediate family
member is a full or part owner or principal with an entity with whom the
charter school or authorizer contracts, directly or indirectly, for
professional services, management organization services, goods, or facilities
or is an employee of the charter school authorizer.
       (2) An individual is prohibited from
serving as a member of the governing board of either a charter school or
charter school authorizer if the individual or an immediate family member is a
full or part owner, principal owner, or employee of a management organization.
       (3) An individual is prohibited from
serving as a board member of a charter school or a charter school foundation if
the individual or an immediate family member is a board member of the charter
school's authorizer or the institution of higher learning.
       (4) Members of the General Assembly and
immediate family members are prohibited from serving as a board member for
either an authorizer or a charter school and may not have any ownership in an
entity that is established to operate or lease property to a charter school.
    (E)(1) An individual is prohibited from
employment by an authorizer of a charter school, if the individual or an
immediate family member is employed in a position to exercise direct financial
decision-making authority with a charter school authorized by the authorizer.
       (2) For the purpose of this
section, immediate family member means a child, a spouse, or an individual
claimed by the individual as a dependent for income tax purposes.
    (F) An individual may not serve
simultaneously as a member of more than one governing board of either a charter
school or a charter school authorizer after December 31, 2026.
SECTION 8.  Section 59-40-90 of the S.C. Code is amended to read:
    Section
59-40-90.  A final decision of the school district or a
public or independent institution of higher learning sponsor may be appealed by
any party to the Administrative Law Court as provided in Sections 1-23-380(B)
and 1-23-600(D).An appeal of any final decision
made by an authorizer pursuant to this chapter must be made to the
Administrative Law Court.
SECTION 9.  Section 59-40-110 of the S.C. Code is amended to read:
    Section
59-40-110. (A) A charter must be
approved or renewed for a period of ten school years;  however,
the charter only may be revoked or not renewed under the provisions of
subsection (C)(F) of
this section. The sponsor authorizer
annually shall evaluate the conditions outlined in subsection (C)(F). The annual evaluation
results must be used in making a determination for nonrenewal or revocation.
    (B) Prior to the beginning of the
second to last year of operation of a charter school, the authorizer may issue
a charter school performance report and charter renewal application guidance to
the school and the charter school board. The performance report shall summarize
the performance record to date of the charter school, based on the data
required by this chapter and the charter contract and taking into consideration
the percentage of at-risk students enrolled in the school, and shall provide
notice of any weaknesses or concerns perceived by the authorizer concerning the
charter school that may jeopardize its position in seeking renewal if not
timely rectified. The charter school shall have forty-five days to respond to
the performance report and submit any corrections or clarifications to the report.
    (C) Prior to the beginning of the last
year of operation of a charter school, the charter school may apply for renewal
of the contract with the authorizer. The renewal application guidance shall, at
a minimum, provide an opportunity for the charter school to:
       (1) present additional evidence, beyond
the data contained in the performance report, supporting its case for charter
renewal;
       (2) describe improvements undertaken or
planned for the school; and
       (3) detail the plan for the next
charter term for the school.
    (D) The renewal application guidance
shall include or refer explicitly to the criteria that will guide the renewal
decisions of the authorizer.
    (B)(E) A charter renewal application must
be submitted to the school's sponsor one hundred twenty calendar days before
the end of the school year for the term of the charter contract, and it must
contain:
       (1)
a report on the progress of the charter school in achieving the goals,
objectives, pupil achievement standards, and other terms of the initially
approved charter application;
       (2)
a financial statement that discloses the costs of administration, instruction,
and other spending categories for the charter school that is understandable to
the general public and that allows comparison of these costs to other schools
or other comparable organizations, in a format required by the State Board of
Education;  and
       (3)
any proposed material changes to the current charter or charter school contract
to be implemented in the next ten-year charter term.
    (C)(F) A charter must may be revoked or not renewed by the sponsor authorizer if it, using data that is accessible to the school, determines
that the charter school:
       (1)
committed a material violation of the conditions, standards, performance
expectations, or procedures provided for in the charter application or charter
school contract, or both, and the charter school failed to
cure the violation after written notice and a reasonable opportunity to cure;
       (2)
failed to meet the academic performance standards and expectations as defined
in the charter application or charter school contract, or both;
       (3)
failed to maintain its books and records according to generally accepted
accounting principles or failed to create an appropriate system of internal
control, or both;  or
       (4)
materially violated any provision of law from which
the charter school was not specifically exempted and
failed to cure the violation after written notice and a reasonable opportunity
to cure.
    (D)(G) A sponsor An authorizer summarily may revoke any charter school
that is determined by the sponsor authorizer to pose an imminent threat of harm to the
health or safety of students, or both, based on documented and clear and
convincing data.
    (E)(H) Any charter school shall automatically and permanently
close at the conclusion of the school year in which the school first becomes
subject to automatic closure for receiving the lowest performance level rating
as defined by the federal state
accountability system for three consecutive years beginning with student
achievement data from the 2013-2014 school year. The determination of closure
is considered final. Automatic closure shall not apply to any charter school
serving fifty percent or more students with disabilities or any charter school
designated as an Alternative Education Campus (AEC) by its sponsor authorizer as
outlined in Section 59-40-111.
    (F)(I) An authorizer must adopt a
publicly accessible and transparent process should it intend to not renew or
terminate a charter school. At a minimum, the authorizer must:
       (1) At least sixty ninety days before not
renewing or terminating a charter school, the sponsor
shall notify in writing the charter school's governing body of the
proposed action. The notification shall state the grounds for the proposed
action in reasonable detail. Termination must follow the
procedure provided for in this section.
       (2) provide the charter school with
fifteen calendar days from the school's receipt of the notice in which to
prepare a response, which shall include any supporting documentation, in the
school's discretion;
       (3) provide the charter school with an
opportunity to submit documents and give testimony in a public hearing
challenging the rationale for closure and in support of the continuation of the
school at an orderly proceeding held for that purpose between fifteen and
thirty calendar days after the school submits its response pursuant to item
(2), and at such hearing, the school must be permitted to record the
proceedings and be allowed access to legal representation to call witnesses;
and
       (4) within five calendar days of the
public hearing, require a final determination to be made and conveyed in
writing to the charter school.
    (G)(J) The existence of another charter granting authority
must not be grounds for the nonrenewal or revocation of a charter. Grounds for
nonrenewal or revocation must be only those specified of this section.
    (H) The charter school's
governing body may request in writing a hearing before the sponsor within
fourteen days of receiving notice of nonrenewal or termination of the charter.
Failure by the school's governing body to make a written request for a hearing
within fourteen days must be treated as acquiescence to the proposed action.
Upon receiving a timely written request for a hearing, the sponsor shall give
reasonable notice to the school's governing body of the hearing date. The
sponsor shall conduct a hearing before taking final action. The sponsor shall
take final action to renew or not renew a charter by the last day of classes in
the last school year for which the charter school is authorized.
    (I)(K) A charter school seeking renewal may submit a renewal
application to another charter granting authority if the charter school has not
committed a material violation of the provisions specified in this section and
the sponsor authorizer refuses
to renew the charter. In such cases the charter school shall continue to
receive local funding pursuant to Section 59-40-140(A). However, the charter
school is not eligible to receive one hundred percent of the base student cost
from the State. The charter school only is eligible to receive the percentage
of the base student cost previously received as a school in its former
district.
    (J)(L) A decision to revoke or not to renew a charter school
may be appealed to the Administrative Law Court pursuant to the provisions of
Section 59-40-90. Upon appeal to the Administrative Law Court, there is no
automatic stay of the revocation or nonrenewal decision. Pending resolution of
the appeal, the charter school also may move before the Administrative Law
Court for imposition of a stay of the revocation or nonrenewal on the grounds
that an unusual hardship to the charter school, its
teachers, students, or both, will result from the execution of the sponsor's authorizer's decision.
    (K)(M) Prior to any public charter school closure, the sponsor authorizer shall
develop a public charter school closure protocol to ensure timely notification
to parents, orderly transition of students and student records to new schools,
and proper disposition of school funds, property, and net assets in accordance
with the requirements of this chapter. The protocol shall specify tasks,
timelines, and responsible parties, including delineating the respective duties
of the school and the sponsorauthorizer.
In the event of a public charter school closure for any reason, the sponsor authorizer shall
oversee and work with the closing school to ensure a smooth and orderly closure
and transition for students and parents, as guided by the closure protocol.
SECTION 10. Section 59-40-111 of the S.C. Code is amended to read:
    Section
59-40-111. (A) For purposes of this
chapter, an Alternative Education Campus (AEC) is any charter school with an
explicit mission and purpose as outlined in its charter to serve an enrolled
student population with:
       (1)
severe limitations that preclude appropriate administration of the assessments
administered pursuant to federal and state requirements;
       (2)
fifty percent or more of students having Individualized Education Programs
(IEPs) in accordance with federal regulations or a demonstrated need for
specific services or specialized instruction as defined in Section 59-40-50,
and the school shall provide the needed evidence-based specialized instruction,
interventions, services, support, and accommodations based on the needs of the
students;  or
       (3)
eighty-five percent or more of enrolled students meeting the definition of a
"high-risk" student including students who:
  (a)
have been adjudicated as juvenile delinquents or who are awaiting disposition
of charges that may result in adjudication;
  (b)
have dropped out of school or who have not been continuously enrolled and
regularly attending any school for at least one semester before enrolling in
this school;
  (c)
have been expelled from school or who have engaged in behavior that would
justify expulsion;
  (d)
have documented histories of personal drug or alcohol use or who have parents
or guardians with documented dependencies on drugs or alcohol;
  (e)
have documented histories of personal street gang involvement or who have
immediate family members with documented histories of street gang involvement;
  (f)
have documented histories of child abuse or neglect;
  (g)
have parents or guardians in prison or on parole or probation;
  (h)
have documented histories of domestic violence in the immediate family;
  (i)
have documented histories of repeated school suspensions;
  (j)
are under the age of twenty years who are parents or pregnant women;
  (k)
are homeless, as defined in the McKinney-Vento Homeless Assistance Act;  or
  (l)
have a documented history of a serious psychiatric or behavioral disorder
including, but not limited to, an eating disorder or a history of suicidal or
self-injurious behaviors.
    (B)
Such schools must be classified as AECs by their sponsorauthorizer.
    (C)
A high-poverty rating alone shall not qualify any charter school for status as
an AEC.
    (D)
Charter school applicants seeking such a designation shall provide sufficient
information in their charter application to allow the authorizer to make a
determination as to whether that classification applies.
    (E)
Charter schools already in operation may seek AEC classification by petitioning
their sponsorauthorizer. A charter school that has received the lowest performance level
rating as defined by the state accountability system in any of the three
previous school years is ineligible to seek AEC classification.
    (F)
Charter schools receiving an AEC designation either before or after opening,
shall be held to applicable state and federal accountability standards along
with the academic performance standards and expectations established by written
agreement between the sponsor authorizer
and the school that takes into account the school's specialized mission
and student population with comparisons to any available nationally normed data
with similar subsets of students and is included in their annual report in
accordance with Section 59-40-140(H) and is included in the school report card
compiled by the Education Oversight Committee.
    (G) An authorizer shall review a
charter school's AEC designation for compliance with subsection (A)(1) through
(A)(3) annually before January first and report its findings to the Department
of Education before February first. If a charter school does not meet the
requirements, its AEC designation shall be designated "Under Review" for the
following school year, and the school shall submit a compliance improvement
plan to its authorizer. If the charter school does not meet the requirements
for two consecutive school years, its AEC designation shall be revoked for the
next two consecutive school years. A school may reapply for an AEC designation
if the school demonstrates compliance with subsection (A)(1) through (A)(3).
SECTION 11. Section 59-40-115 of the S.C. Code is amended to read:
    Section
59-40-115. (A) A charter school may voluntarily terminate
its charter and contract with a
sponsorthe authorizer before the expiration of the ten-year term of the
contract if all parties under contract with the
charter school agree to the dissolution. A charter school that terminates its
contract with a sponsor directly may seek application for the length of time
remaining on its original contract from another sponsor.by a majority vote of the charter school board, which
constitutes a dissolution event of the corporation and the charter school.
    (B) In order for a charter
school to transfer its charter to another authorizer, its decision to do so
must be voted upon during an open session of a public meeting of the charter
school board in accordance with the South Carolina Freedom of Information Act
and it must obtain the approval of its current authorizer and the proposed new
authorizer pursuant to procedures in this section.
       (1) A charter school shall
submit a written request to the current authorizer and the proposed receiving
authorizer to transfer its charter to a different authorizer before September
first. The request must include documentation of the charter school board's
affirmative vote to initiate the transfer process. The transfer must be
effective on July first of the following year.
       (2) The proposed new authorizer
shall issue a written final decision approving or denying the request to
transfer before October thirty-first. The request to transfer may be denied by
the proposed new authorizer for any reason; however, if the proposed authorizer
determines the charter school's request to transfer is, to avoid
accountability, prohibited by law or untimely, then the transfer must be
denied. A copy of the final decision must be served on the charter school
applying to transfer, the current authorizer, and the Department of Education
before November fifth. The decision of the proposed new authorizer to deny the
request is not appealable.
       (3) If the proposed new
authorizer approves the request to transfer, then the current authorizer shall
issue a final decision approving or denying the request to transfer before
December thirty-first. The authorizer must permit the charter school to submit
materials or information to support its transfer request, all of which must be
submitted at least five business days before the board meeting. A charter
school who makes a written request at least five business days before the board
meeting must be given an opportunity to appear and present information
regarding their request. If an authorizer fails to comply with items (1)
through (4), then the Department of Education may compel the authorizer to
comply by withholding the authorizer's fees related to the charter school
seeking to transfer until the authorizer complies.
       (4) Items (1) through (3) must
be conducted in the year in which the request was submitted following proper
notice, public discussion, and a vote by the board during a public open session
meeting held in accordance with the Freedom of Information Act.
       (5) The current authorizer must
deny a request to transfer to the proposed new authorizer if the current
authorizer determines the charter school's request to transfer is to avoid
accountability, prohibited by law, untimely, or other good cause to deny the
transfer exits.
       (6) Good cause to deny the
charter school's transfer request includes, but is not limited to:
  (a) violations of the charter,
contract, or applicable law, that have not been resolved by the charter school;
  (b) receipt of the lowest
performance level rating under the state or federal accountability system
during the past two academic years by the charter school seeking to transfer;
  (c) more than one transfer
request by the charter school within a ten-year period; or
  (d) the charter school has
operated less than two years with the current authorizer.
       (7) The final decision of the
current authorizer is appealable to the Administrative Law Court.
       (8) A charter school renewal
application shall not be subject to the provisions of this section and is
deemed not to be a transfer request.
SECTION 12. Section 59-40-120 of the S.C. Code is amended to read:
    Section
59-40-120. Upon dissolution of a charter school, its assets may not inure to
the benefit of any private person.  Any assets obtained through restricted
agreements with a donor through awards, grants, or gifts must be returned to
that entity.  All other assets become property of the sponsorState of South Carolina.
SECTION 13. Section 59-40-140 of the S.C. Code is amended to read:
    Section
59-40-140.
(B) The
South Carolina Public Charter School District or public or independent
institution of higher learning sponsor authorizer shall receive and distribute state funds to
the charter school as provided by the General Assembly.
Authorizers shall report annually before July first the method by which funds
are provided to each school it authorizers.
    (C)
During the year of the charter school's operation, as received, and to the
extent allowed by federal law, a sponsor authorizer shall distribute to the charter school federal
funds which are allocated to the sponsor authorizer on the basis of the number of special
characteristics of the students attending the charter school. These amounts
must be verified by the State Department of
Education before the first disbursement of funds.
    (D)
Notwithstanding subsection (C), the proportionate share of state and federal
resources generated by students or staff serving them must be directed to the sponsorauthorizer. After
receipt of federal or state categorical aid funds, sponsors
authorizers shall, within ten business days,
supply to the charter school the proportional share of each categorical fund
for which the charter school qualifies. If the sponsor authorizer fails to do so, the Department of Education
may fine the sponsor authorizer
an amount equivalent to the withheld amounts. Fines imposed must be
remitted to the charter school from which the amounts were withheld.
    (E)
All services centrally or otherwise provided by the sponsor
authorizer including, but not limited to,
food services, custodial services, maintenance, curriculum, media services,
libraries, and warehousing are subject to negotiation between a charter school
and the sponsor authorizer and
must be outlined in the contract required pursuant to Section 59-40-70(F),
except as otherwise provided or required by law.
    (F)
All awards, grants, or gifts collected by a charter school must be retained by
the charter school.
    (G)
The governing body of a charter school or an authorizer
may is authorized to accept gifts,
donations, or grants of any kind made to the charter school or authorizer and to expend or use the gifts, donations,
or grants in accordance with the conditions prescribed by the donor. A gift or
donation must not be required for admission. However, a gift, donation, or
grant must not be accepted by the governing board of
either a charter school or the authorizer if subject to a condition
contrary to law or contrary to the terms of the contract between the charter
school and the governing body. All gifts, donations, or grants shall be coded pursuant to the Financial Accounting Handbook
provided by the Department of Education, or as otherwise directed by the
Department of Education, and must be reported to the sponsor in their
annual audit report as required in Section 59-40-50(B)(3).
    (H)
A charter school shall report to its sponsor authorizer and the Department of Education any change to
information provided under its application. In addition, a charter school shall
report at least annually to its sponsor authorizer and the sponsor authorizer shall compile those reports into a single
document which must be submitted to the department. The Department of Education
shall develop a template to be used by charter schools for this annual report.
The report shall provide all information required by the sponsor
authorizer or the department
Department of Education and shall include,
at a minimum:
       (1)
the number of students enrolled in the charter school from year to year;
       (2)
the success of students in achieving the specific educational goals for which
the charter school was established;
       (3)
an analysis of achievement gaps among major groupings of students in both
proficiency and growth;
       (4)
the identity and certification status of the teaching staff;
       (5)
the financial performance and sustainability of the sponsor's
authorizer's charter schools;  and
       (6)
board performance and stewardship including compliance with applicable laws.
    (I)
The sponsor authorizer shall
provide technical assistance to persons and groups preparing or revising
charter applications at no expense.
    (J)
Charter schools may acquire by gift, devise, purchase, lease, sublease,
installment purchase agreement, land contract, option, or by any other means
provided by law or otherwise, and hold and own in its own name buildings or
other property for school purposes and interests in it which are necessary or
convenient to fulfill its purposes. Charter schools may
not hold property for any other purpose.
    (K)
Charter schools are exempt from state and local taxation, except the sales tax,
on their earnings and property whether owned or leased. Instruments of
conveyance to or from a charter school are exempt from all types of taxation of
local or state taxes and transfer fees.
    (L) Charter schools may contract with a
management organization for financial, accounting, and treasury services
including balanced budget credits or budget deficit protection credits applied
to the school's operating budget. A management organization may recover these
credits only within the fiscal year when the credits are issued. At the
conclusion of a fiscal year, any remaining balanced budget credits or budget
deficit protection credits are not recoverable by the management organization
and shall not be recorded as a liability in a charter school's financial audit.
    (L)(M) Notwithstanding the above provisions of this section,
this subsection applies to converted charter schools that converted into a
charter school after the effective date of this act. For purposes of computing
the funding for any year to be provided a converted charter school under the
provisions of this section, the computations required shall be made as provided
in this section based on the previous year's revenues, expenditures, and other
applicable factors pertaining to that particular converted charter school, and
also then shall be made as provided in this section for the year immediately
preceding the previous year based on the revenues, expenditures, and other
applicable factors for that year pertaining to that particular converted
charter school. The funding of the converted charter school for the initial
year shall be the average of the weighted per pupil unit funding computed for
these two prior years, and funding for the converted charter school after the
initial year shall be provided by the school district in the same manner as
regular public schools in the district.
SECTION 14. Section 59-40-150 of the S.C. Code is amended to read:
    Section
59-40-150. (A) The Department of
Education shall disseminate information to the public, directly and through sponsorsauthorizers, on how
to form and operate a charter school and how to utilize the offerings of a
charter school.
    (B) The Department of Education shall
develop the charter school application, compliance guidance, and evaluation
rubric for all charter applicant groups to submit to an authorizer for charter
approval. The Department of Education shall provide guidance and technical
assistance regarding charter applications and the application process to
authorizers and applicant groups.
    (C) The Department of Education shall
annually make revisions, with stakeholder feedback, to the application and
publish it to its website before November first annually.
    (B)(D) At least annually, the departmentDepartment of Education shall provide upon request a
directory of all charter schools authorized under this chapter with information
concerning the educational goals of each charter school, the success of each
charter school in meeting its educational goals, and procedures to apply for
admission to each charter school.
    (C)(E) The Department of Education shall
fulfill all duties of the State Education Agency (SEA) for each authorizer and
shall provide technical assistance, oversight, and guidance to authorizers for
compliance with LEA responsibilities to the same extent as other LEAs in this
State. Sanctions issued by the Department of Education against an authorizer
may be appealed to the Administrative Law Court and must be stayed pending
resolution of the appeal.
    (F) The Department of Education
shall annually review the policies, procedures, and performance of each
authorizer for compliance with the provisions of this chapter, state
regulations, and other state and federal law.
    (G) No later than February 1, 2027, the
Department of Education shall develop and implement a process to accept and
evaluate applications for institutions of higher learning that were not
authorizers before January 1, 2026. The application to become an institution of
higher learning authorizer shall include, at minimum, the academic, governance,
and financial performance of the institution of higher education, including its
accreditation status, a financial plan to include proposed budgets of the
authorizer, evidence of need for the authorizer in light of needs of the State,
and measurable goals objectives, and academic performance standards to be
achieved by the charter schools to be authorized.  The State Board of Education
shall promulgate regulations to include the requirements developed by the
Department of Education. All institutions of higher learning authorizers
operating prior to January 1, 2026, shall not be required to apply but must
sign the statement of assurances affirming the authorizer understands and
agrees to perform the essential responsibilities and obligations of an
authorizer and LEA. The Department of Education shall consider the information
submitted in the application and make a recommendation to the State Board of
Education on whether an application should be approved, denied, or approved
with conditions based on the demonstrated capacity of the applicant to fulfill
the obligations of an authorizer under this chapter. The State Board of
Education shall make the final decision regarding an authorizer's application.
Additionally, the State Board of Education may deny an application if the
preponderance of available evidence supports a finding by the Department of
Education that approving the application will encourage the transfer of poor
performing charter schools to the new authorizer for purposes of escaping,
delaying, or reducing accountability.
    (H) The departmentDepartment of Education
shall bear the cost of complying with this section.
SECTION 15. Section 59-40-155 of the S.C. Code is amended to read:
    Section
59-40-155. (A) Within one year of
taking office, all persons elected or appointed as members of a charter school
board of trustees or a charter school authorizer board of
trustees after July 1, 20062026, shall complete successfully an orientation program. in the powers, duties, and
responsibilities of a board member including, but not limited to, topics on  The program must include specific instruction on board member
duties for compliance with this chapter, to include policy development,
personnel, instructional programs, school finance, school law, state ethics laws, the South Carolina Freedom of Information Act, and
community relations. The orientation must be provided at no charge by the State Department of Education or an
associationentity approved by the
department.
    (B) Within ninety days of
employment, an administrator employed by the charter school, who is not certified,does not possess
any previous charter school leadership experience, shall complete
successfully an orientation program in the powers, duties, and responsibilities
of a charter school administrator including, but
not limited to, topics on personnel, instructional programs, school finance,
school law including charter school law, board relations, South Carolina ethics, conflicts of
interest, and community relations.  The orientation must be provided at
no charge by the State Department of Education or
an association approved by the department.
    (C) Authorizers may require members of
a charter school board of trustees to complete governance training programs as
specified and agreed upon in a charter school contract.
    (D) In addition to the orientation
program provided by the Department of Education, each authorizer shall develop
and implement an annual training program specifically designed for members of
charter school governing boards. After the first year of taking office, a
charter school board member must attend the annual training provided by the
authorizer. The training program shall include information on laws,
regulations, and fiduciary responsibilities that uniquely apply to charter
schools and charter school authorizers. The Department of Education shall
develop procedures for ensuring compliance with this section by both charter
school board members and authorizers.
    (E) Members
of any charter school board of trustees or authorizer board of trustees shall
be subject to the provisions of Section 59-19-60.
SECTION 16. Section 59-40-180 of the S.C. Code is amended to read:
    Section
59-40-180.  (A) The State Board of Education shall
promulgate regulations and develop guidelines necessary to implement the
provisions of this chapter, including standards to determine compliance with
this chapter and an application process for authorizers
and charter schools to include a timeline for submission of applications
that will allow for final decisions, including
Administrative Law Court appeal, by December first of the year preceding the
charter school's opening to be issued consistent
with budget and funding needs. An authorizer
registered pursuant to this chapter before January 1, 2026, is not considered a
new authorizer subject to the application process provided in this chapter.
    (B) Any authorizer that engages in
willful or knowing conduct in violation of this act shall be subject to a
reduction of up to ten percent of state funding.
SECTION 17. Section 59-40-230(A) of the S.C. Code is amended to
read:
  (ii)
South Carolina Chamber ofManufacturers
and Commerce;
SECTION 18. The
Code Commissioner is directed to change all references in Title 59 of the South
Carolina Code of Laws from the "Charter School Sponsor," "Sponsor(s)," and
"School Sponsor(s)" to the "Charter School Authorizer," "Authorizer(s),"
and "School Authorizer(s)," as appropriate.
SECTION 19. This act takes effect upon
approval by the Governor.
----XX----
This web page was last updated on May 12, 2026 at 08:00 PM