S 416 — School Expulsion

2025-2026 Bill 416 Text of Previous Version (Apr.(Mar.

10,04, 2025) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 416Indicates Matter StrickenIndicates New Matter(Text matches printed bills.

Document has been reformatted to meet World Wide Web specifications.) Indicates  Matter  Stricken  Indicates  New  Matter    Committee  ReportA Aprilbill 10,  2025TO  AMEND S.THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-63-210, RELATING TO GROUNDS FOR WHICH TRUSTEES MAY EXPEL, SUSPEND, OR TRANSFER PUPILS;

416   Introduced by Senators Hembree and Alexander   S.

Printed 4/10/25--S.

Read the first time March 4, 2025   ________   The committee on Senate Education To whom was referred a Bill (S.

416) to amend the South Carolina Code of Laws by amending Section 59-63-210, relating to grounds for which trustees may expel, suspend, or transfer pupils;

petitions, etc., respectfully Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

      Amend the bill, as and if amended, SECTION 1, by striking Section 59-63-210(A)(1) and (2) and inserting:

       (1) Expulsion or suspension must be construed to prohibit a pupil from entering the school or school grounds including, but not limited to, attending any day or night school functions or riding a school bus.

An expelled student may only enter school or school grounds for a prearranged conference with an administrator.

This prohibition shall continue for the duration of the expulsion period.

       (2) Suspension must be construed to prohibit a pupil from entering the school or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus.

This prohibition shall continue for the duration of the suspension period.

Amend the bill further, SECTION 2, by striking Section 59-63-235 and inserting:

    Section 59-63-235.

(A)The district board must expel for no less than one year a student who is determined to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees.

A student who is determined to have knowingly brought a firearm to a school or any setting under the jurisdiction of a local board of trustees must be expelled for no less than one year from the date of the incident.

The expulsion hearing under this section must be conducted by the district board of trustees and must follow the procedures established pursuant to Section 59-63-240.  The one-year expulsion is subject to modification by the district superintendent of education on a case-by-case basis.      (B) If the hearing is conducted by the district board of trustees, the one-year expulsion period is subject to modification by the board on a case-by-case basis.      (C) If the hearing is conducted by any authority other than the district board of trustees, the one-year expulsion period is subject to modification by the district superintendent of education.  The board must receive and review a copy of the results of the expulsion hearing and affirm any modification recommendations by the district superintendent of education.  If the board does not affirm a modification recommendation of the district superintendent the expulsion period established in this section shall be reinstated.

A student shall retain all rights afforded to him by Section 59-63-240.       (D) Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting to include virtual programming.  Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X.

Chapter 63, Title 59 of the S.C.

Code is amended by adding:

      Section 59-63-237.

(A) The district board of trustees must expel for no more than one academic year a student who is determined to have knowingly and willfully delivered or conveyed a threat to commit bodily harm by means of a weapon against students or employees of a school by means of any letter or paper, writing, document, electronic communication or other type of communication that is intended to reach another person.

The expulsion period is subject to modification on a case by case basis as determined by the district board of trustees or district superintendent of education.

    (B) In order for a student to be expelled under this section, the board or any authority the board designates to conduct an expulsion hearing, must find, at a minimum:

       (1) the threat was directed at specific students, staff, or school;

       (2) an ordinary person reviewing the threat would have a reasonable expectation of a violent act resulting in bodily harm;

       (3) the student making the threat could be reasonably expected to have the capacity to carry out the threat;

and        (4) the threat resulted in a material and substantial disruption to school operations, including, but not limited to, the cancellation of classes or families declining to send students to school in response to the threat or a lock-down of the school and students.

    (C) The expulsion hearing must follow the procedures established pursuant to Section 59-63-240.  Students expelled pursuant to this section must be afforded access to educational services through an alternative or virtual setting.

Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative.

Amend the bill further, SECTION 3, by striking Section 59-63-250 and inserting:

    Section 59-63-250.

The board or a designated administrator may transfer a pupil to another school within the school district in lieu of suspension or expulsion but only after a conference or hearing with the parents or legal guardian and notification to and input from the principal at the receiving school.  The parents or legal guardian may request a conference in lieu of the hearing provided under this section.

The parents or legal guardian may appeal a transfer made by an administrator to the board.

Renumber sections to conform.