Special Education Directors

2025-2026 Bill 5165: Special Education Directors - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
H. 5165
STATUS INFORMATION
General Bill
Sponsors: Reps. Teeple, Hartnett, Bustos, Landing, Sessions and Ford
Document Path: LC-0634WAB26.docx
Introduced in the House on February 11, 2026
Currently residing in the House Committee on
Education and Public Works
Summary: Special Education Directors
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/11/2026

House

Introduced and read first time (
House Journal-page 44
)

2/11/2026

House

Referred to Committee on
Education and Public Works
(
House Journal-page 44
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/11/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
59-21-545
SO AS TO ESTABLISH MINIMUM QUALIFICATIONS FOR DIRECTORS OF SPECIAL
EDUCATION OR INDIVIDUALS SERVING IN EQUIVALENT ADMINISTRATIVE ROLES WITH
PRIMARY RESPONSIBILITY FOR SPECIAL EDUCATION AND SERVICES.

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

S
ECTION 1.
A
rticle 5, Chapter 21, Title 59 of the S.C. Code is
amended by adding:

S
ection
59-21-545
.
(
A) Each school district
and other local education agency, as defined by the State Department of
Education, shall ensure that any individual appointed or employed as a Director
of Special Education, or in an equivalent administrative role with primary responsibility
for special education and services, meets the requirements of this section.

(
B)
An individual serving in a position described in subsection (A) must hold:

(
1)
a valid administrative certification or license issued by the State Department
of Education; and

(
2)
a valid certification or license in special education appropriate to the grade
levels and disability categories served.

(
C)
An individual serving in a position described in subsection (A) must have a
minimum of five years of professional experience in special education,
including experience with the administration or oversight of programs and
services provided pursuant to Part B of the federal Individuals with
Disabilities Education Act (IDEA).

(
D)
An individual may not be appointed or continue to serve in a position described
in subsection (A) unless the individual meets the requirements of this section,
except as provided in subsection (F).

(
E)
The State Department of Education may promulgate regulations, subject to
approval of the State Board of Education, as necessary to implement and enforce
this section.

(
F)
An individual serving in a position described in subsection (A) on July 1,
2027, who does not meet all requirements of this section, may continue to serve
in that position provided the individual demonstrates satisfactory progress
toward compliance, as determined by the State Department of Education, and
achieves full compliance no later than July 1, 2030.

(
G)
Each local education agency shall annually certify compliance with this section
to the State Department of Education.

(
H)
Compliance with this section shall be reviewed by the State Department of
Education as part of its monitoring and enforcement activities conducted
pursuant to Part B of the Individuals with Disabilities Education Act (IDEA).

(
I)
If a local education agency fails to correct noncompliance within a timeframe
established by the State Department of Education, the department may take
enforcement action consistent with state law and IDEA, including conditioning,
withholding, or redirecting state or federal special education funds until
compliance is achieved.

S
ECTION 2. This act takes effect July 1, 2027.

----XX----

This web page was last updated on February 11, 2026 at 1:43 PM