Public university and college faculty annual performance evaluations

2025-2026 Bill 4761: Public university and college faculty annual performance evaluations - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4761
STATUS INFORMATION
General Bill
Sponsors: Reps. Erickson, Taylor, Bradley, Brewer, Chapman, Crawford, Davis, Duncan, Forrest, Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Herbkersman, Hewitt, Hiott, Hixon, Holman, J.E. Johnson, Lawson, Long, Lowe, McCravy, McGinnis, C. Mitchell, Oremus, W. Newton, Pedalino, Pope, Robbins, Sanders, Sessions, G.M. Smith, M.M. Smith, Vaughan, Whitmire, Wickensimer, Willis, Yow, Magnuson, Terribile, Teeple, Pace, Cromer, Edgerton, D. Mitchell, Gilreath, Huff, Frank, White and Kilmartin
Document Path: LC-0534WAB26.docx
Introduced in the House on January 13, 2026
Introduced in the Senate on April 1, 2026
Currently residing in the Senate Committee on
Education
Summary: Public university and college faculty annual performance evaluations
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Education and Public Works

1/13/2026

House

Introduced and read first time (
House Journal-page 82
)

1/13/2026

House

Referred to Committee on
Education and Public Works
(
House Journal-page 82
)

1/21/2026

House

Member(s) request name added as sponsor: Teeple

1/28/2026

House

Member(s) request name added as sponsor: Pace,
Cromer, Edgerton, D. Mitchell, Gilreath,
Huff, Frank, White, Kilmartin

3/26/2026

House

Committee report: Favorable
Education and Public Works
(
House Journal-page 6
)

3/31/2026

House

Read second time (
House Journal-page 283
)

3/31/2026

House

Roll call Yeas-112 Nays-0 (
House Journal-page 284
)

4/1/2026

House

Read third time and sent to Senate (
House Journal-page 18
)

4/1/2026

Senate

Introduced and read first time (
Senate Journal-page 19
)

4/1/2026

Senate

Referred to Committee on
Education
(
Senate Journal-page 19
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025
03/26/2026

Committee Report

March 26, 2026

H. 4761

Introduced by Reps. Erickson, Taylor, Bradley,
Brewer, Chapman, Crawford, Davis, Duncan, Forrest, Gatch, Gilliam, Guest,
Haddon, Hardee, Hartnett, Herbkersman, Hewitt, Hiott, Hixon, Holman, J. E.
Johnson, Lawson, Long, Lowe, McCravy, McGinnis, C. Mitchell, Oremus, W. Newton,
Pedalino, Pope, Robbins, Sanders, Sessions, G. M. Smith, M. M. Smith, Vaughan,
Whitmire, Wickensimer, Willis, Yow, Magnuson, Terribile, Teeple, Pace, Cromer,
Edgerton, D. Mitchell, Gilreath, Huff, Frank, White and Kilmartin

S. Printed 3/26/26--H.

Read the first time January 13, 2026

________

The committee on House Education and
Public Works

To whom was referred a Bill (H. 4761) to amend
the South Carolina Code of Laws by adding Section
59-101-15
so as to provide
annual evaluations of faculty at public institutions of higher learning in, etc.,
respectfully

Report:

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

SHANNON ERICKSON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires state institutions of
higher learning to establish an annual performance evaluation policy for all
faculty members as well as a post-tenure review process for every tenured
faculty member. The annual faculty performance evaluation as well as the
post-tenure review process must be reviewed by the institution's president in
consultation with the provost no less than every five years, with any policy
updates requiring approval by the institution's board of trustees. Performance
evaluations and post-tenure review must utilize criteria listed in the bill,
including teaching, research, service, administration, and any other categories
as determined by the institution. The bill requires that the post-tenure review
process occurs no less than once every six years after the faculty has gained
tenure and that the process may not exceed a period of nine months for each
faculty member. The bill sets guidelines for cases in which tenured faculty
subsequently accepts an administrative position or in cases in which a tenured
faculty member does not meet performance expectations. The bill provides that
state institutions may initiate a termination for cause of a faculty member at
any time and lists reasons that may result in the causal termination of a
faculty member.

The bill requires institutions of higher
learning to provide a joint letter signed by the institution's president and
board chair before November fifteenth of each year affirming that the
institution is in compliance with the annual performance review requirements as
well as post-tenure review process to the Chairman of the Senate Education
Committee, Chairman of the House Education and Public Works Committee, and
Chairman of CHE.

Commission on Higher Education.
CHE
reports that this bill will have no resulting expenditure impact, as overseeing
compliance with the bill's requirements by the institutions of higher learning
will take place under normal agency operations.

State Institutions of Higher Learning.

This bill is not expected to have a significant impact on Clemson, MUSC, CCU,
CofC, Winthrop, Lander, and the Citadel, based on responses from these
institutions. MUSC, CCU, Winthrop, and Lander all indicate that existing
performance and post-tenure review procedures are in place and the institution
is in compliance with the requirements of the bill. USC states that the bill
will have an undetermined expenditure impact pending further review and may
involve adjustments to existing administrative processes including faculty
management systems, central review functions, and related support activities at
the college and department levels. These activities may entail additional
administrative coordination associated with faculty review and reporting.

Technical College System.
The Tech
System indicates that the requirements of the bill align with current
evaluation practices for full-time faculty and will have no expenditure impact
on the system.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
59-101-15
SO AS TO PROVIDE ANNUAL EVALUATIONS OF FACULTY AT PUBLIC INSTITUTIONS
OF HIGHER LEARNING IN THIS STATE, TO REQUIRE SCHOOLS ADOPT RELATED POLICIES, TO
PROVIDE REQUIREMENTS FOR THE POLICIES, AND TO PROVIDE RELATED PROCEDURES AND
REPORTING REQUIREMENTS; AND BY ADDING SECTION
59-101-17
SO AS TO require PUBLIC
INSTITUTIONS OF HIGHER LEARNING SHALL ESTABLISH POST-TENURE REVIEW PROCESSES
FOR TENURED FACULTY MEMBERS, TO PROVIDE REQUIREMENTS FOR THESE PROCESSES, AND
TO PROVIDE RELATED PROCEDURES AND REPORTING REQUIREMENTS.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
A
rticle 1, Chapter 101, Title 59 of the S.C. Code is
amended by adding:

S
ection
59-101-15
.
(
A)
(
1) A public institution of higher
learning in this State shall establish a faculty annual performance evaluation
policy that provides for a mandatory annual evaluation of every faculty member.
The policy must be reviewed by the institution's president in consultation with
the provost no less than every five years, with any policy updates requiring
approval of the institution's board of trustees. A faculty member annual
performance evaluation must include a comprehensive measurable assessment of
performance for each of the following areas as applicable to the faculty
member:

(
a)
teaching;

(
b)
research;

(
c)
service;

(
d)
administration; and

(
e)
other categories as determined by the institution.

(
2)
The evaluation must include a summary assessment of the performance areas
listed in item (1) including the parameters "exceeds performance expectations,"
"meets performance expectations," or "does not meet performance expectations."

(
3)
In addition to the requirements of item (1), the evaluation must include:

(
a)
a summary assessment of student course evaluation results that includes aspects
of teaching effectiveness, student learning, and classroom atmosphere;

(
b)
a summary assessment of peer evaluations with emphasis placed on the faculty
member's professional development regarding the faculty member's teaching
responsibilities; and

(
c)
a projected work effort distribution for the faculty member for the next year
which must be used during the next year's evaluation.

(
B)
(
1) Evaluations must be conducted by
the department chairperson or equivalent administrator, reviewed and approved
or disapproved by the dean, and submitted to the provost. If there is
disagreement between the chairperson or equivalent administrator and dean
regarding evaluations, including student and peer evaluations, the provost has
final decision-making authority.

(
2)
Notwithstanding another provision of law, an institution's president is
ultimately responsible for ensuring the integrity and completion of all faculty
performance evaluations conducted under this section.

(
C) Before
November fifteenth of each year, a public institution of higher learning shall
provide a joint letter signed by the institution's president and board chair
affirming that the institution is in compliance with the provisions of this
section to the Chairman of the Senate Education Committee, Chairman of the
House Education and Public Works Committee, and Chairman of the Commission on
Higher Education.

S
ECTION 2.
A
rticle 1, Chapter 101, Title 59 of the S.C. Code is
amended by adding:

S
ection
59-101-17
.
(
A)
(
1) A public institution of higher
learning in this State shall establish a post-tenure review process for every
tenured faculty member which must be based in part on the annual performance
evaluation pursuant to Section
59-101-15
. The president of the institution must
review the policy in consultation with the provost no less than every five
years, with any policy updates requiring approval of the institution's board of
trustees. The post-tenure review process must ensure that the faculty member
has continued to meet the high standards for tenure that are outlined in the
institution's faculty manual and as provided in this chapter. The post-tenure
review period, from beginning to end, may not exceed nine months for each
faculty member, except that a one-time extension for up to six months may be
granted for good cause by the institution's president in consultation with the
provost.

(
2)
Notwithstanding another provision of law, a faculty member who has held a
tenured appointment and subsequently accepts an administrative position at the
level of dean or above retains tenure upon returning to a faculty role, but the
administrator may be subject to a post-tenure review prior to returning to a
faculty role at the discretion of the institution's president in consultation
with the provost.

(
B) A
public institution of higher learning in this State shall conduct a post-tenure
review of each tenured faculty member no less than once every six years after
the faculty member has gained tenure.

(
C) A
public institution of higher learning shall require any faculty member who
receives a "does not meet performance expectations" at least twice during the
five-year period on the faculty member's annual performance evaluation
conducted pursuant to Section
59-101-15
to undergo a supplemental post-tenure
review that must be completed within six months after the faculty member receives
the second "does not meet performance expectations" and a remediation plan that
lasts no longer than twelve months must be implemented. An institution that determines
at the end of a remediation plan that the faculty member has failed to
adequately perform the duties of the position, then the institution's provost
shall begin the tenure revocation process immediately. This tenure revocation
process must be completed within six months, subject to any applicable state-approved
grievance processes.

(
D)
Notwithstanding another provision of law, a public institution of higher
learning may initiate a termination for cause of a faculty member at any time.
For the purposes of this subsection, "cause" means, but is not limited to:

(
1)
the failure to perform adequately the duties of the position so as to
constitute incompetence and/or habitual neglect of duty;

(
2)
misconduct related directly and substantially to the fitness of the faculty
member in the professional capacity including, but not limited to, blatantly
unprofessional conduct;

(
3)
conduct or action not protected by the Constitution or laws and which is a
clear interference with the academic functions of the institution of higher
learning; or

(
4)
bona fide reduction in staff, which may be caused by financial exigency or by
discontinuance or reduction in size of a program or instructional unit for
reasons not related to financial exigency.

(
E) Before
November fifteenth of each year, a public institution of higher learning shall
provide a joint letter signed by the institution's president and board chair
affirming that the institution is in compliance with the provisions of this
section to the Chairman of the Senate Education Committee, Chairman of the
House Education and Public Works Committee, and Chairman of the Commission on
Higher Education.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on March 26, 2026 at 5:29 PM