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2025-2026 Bill 5166: Alternative School Program Student Transition Policies - South Carolina Legislature Online
South Carolina General Assembly
126th Session, 2025-2026
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H. 5166
STATUS INFORMATION
General Bill
Sponsors: Reps. Jones, McDaniel, Waters and King
Document Path: LC-0639WAB26.docx
Introduced in the House on February 11, 2026
Currently residing in the House Committee on
Education and Public Works
Summary: Alternative School Program Student Transition Policies
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
SUBARTICLE 2 TO ARTICLE 13, CHAPTER 63, TITLE 59, RELATING TO ALTERNATIVE
SCHOOL PROGRAMS, SO AS TO ESTABLISH STATEWIDE REQUIREMENTS FOR STUDENT
TRANSITIONS INTO AND OUT OF ALTERNATIVE SCHOOL PROGRAMS INCLUDING INDIVIDUAL
TRANSITION PLANS, PROGRESS MONITORING, REENTRY CRITERIA, AND DISTRICT
REPORTING; AND TO DESIGNATE THE EXISTING PROVISIONS OF ARTICLE 13, CHAPTER 63,
TITLE 59 AS "GENERAL PROVISIONS."
B
e it enacted by the
General Assembly of the State of South Carolina:
S
ECTION 1.
A
rticle 13, Chapter 63, Title 59 of the S.C. Code is
amended by adding:
S
ubarticle 2
S
tudent Transitions to and from Alternative Schools
S
ection
59-63-1410
.
(
A) The General
Assembly finds that alternative school programs, as provided in Subarticle 1,
play an important role in supporting students by providing safe, structured
learning environments and additional academic, behavioral, and social-emotional
supports when students need them.
(
B)
The General Assembly further finds that students placed in alternative school
programs deserve a clear, predictable, and supportive plan that helps them
successfully return to their home schools as soon as they are ready.
(
C)
The General Assembly declares that consistent statewide minimum standards for
transitioning into and out of alternative school programs are necessary to
protect students' rights, ensure fairness and due process, and maintain
continuity in a student's education.
(
D)
It is the intent of this subarticle to require each school district to adopt a
written policy that clearly explains how students enter alternative school
placements, how progress is monitored, how reentry decisions are made, and what
supports are provided during reintegration, so that students and families
understand expectations and have meaningful opportunities for success.
S
ection
59-63-1420
.
F
or purposes of this subarticle:
(
1)
"Alternative school program" means any program, school, or educational setting
operated or approved by a school district pursuant to Subarticle 1 that serves
students who need additional academic, behavioral, or social-emotional support,
whether the placement is disciplinary or nondisciplinary.
(
2)
"Home school" means the school the student attended immediately before entering
an alternative school program.
(
3)
"Transition" means the clear steps and supports used to move a student from the
home school into an alternative school program, including a thoughtful entry
process and the creation of an Individual Transition Plan focused on student
success.
(
4)
"Reentry" means the clear steps and supports used to return a student from an
alternative school program to the home school, including planning for
reintegration and providing short-term follow-up supports to help the student
succeed.
(
5)
"Individual Transition Plan" or "ITP" means a written, student-centered plan
developed for each student placed in an alternative school program that sets
academic, behavioral, and attendance goals, identifies support services, and
clearly explains what the student needs to do to return to the home school.
(
6)
"Instructional days" means days on which students are scheduled to receive
instruction under the district's academic calendar, excluding holidays, teacher
workdays, and other noninstructional days.
S
ection
59-63-1430
.
(
A) Each school
district shall develop, adopt, and maintain a written policy that explains how
students are placed in alternative school programs, how their progress is
monitored, and how they are supported in returning to their home schools. The
policy must be easy to access and shall be publicly posted on the district's
official website in a way that students and parents can easily understand.
(
B)
Each district shall provide annual training to alternative school
administrators, home school administrators, and staff responsible for
transitions, progress monitoring, and reentry to ensure consistent
implementation, clear communication with families, and proper documentation.
(
C)
The policy required by subsection (A) must include:
(
1)
Entry procedures:
(
a)
A student may be placed in an alternative school program only when there is
written documentation explaining why the placement is needed.
(
b)
Before placement occurs, the district must ensure that all required discipline
procedures and student due process protections have been followed.
(
c)
Parents or guardians must receive written notice that clearly explains:
(
i) the reason for the placement;
(
ii) the expected length and
structure of the placement; and
(
iii) how the transition process
works, including when and how the Individual Transition Plan will be developed.
(
2)
Individual Transition Plan:
(
a)
Within ten instructional days of placement, the alternative school program
shall create an Individual Transition Plan designed to help the student succeed
and return to the home school.
(
b)
The Individual Transition Plan must include:
(
i) academic goals, including a plan
to earn or recover credits when needed;
(
ii) behavioral goals that are
clear, reasonable, and matched to the student's support needs;
(
iii) attendance expectations that
are clearly explained;
(
iv) support services the student
will receive, such as counseling, mentoring, tutoring, or social-emotional
supports; and
(
v) clear benchmarks that explain
what the student needs to accomplish to be eligible for reentry.
(
c)
The Individual Transition Plan shall be shared with the student, parents or
guardians, and appropriate home school staff so everyone understands the plan
and expectations.
(
3)
Progress monitoring:
(
a)
The student's progress shall be reviewed at least every twenty instructional
days, documented in writing, and kept as part of the student's record.
(
b)
After each review, parents or guardians shall receive written notice explaining
the student's progress toward academic, behavioral, and attendance goals.
(
c)
Any changes made to the Individual Transition Plan must be written down and
shared with the student, parents or guardians, and relevant school staff.
(
4)
Reentry criteria:
(
a)
Each district shall establish clear, objective, and measurable criteria that
explain when a student is ready to return to the home school.
(
b)
A student's placement in an alternative school program may not be open-ended,
and the district shall regularly review progress to determine readiness for
reentry.
(
c)
Students and parents or guardians shall receive written notice of the reentry
criteria at the time of initial placement.
(
5)
Reentry transition meeting:
(
a)
Before the student returns to the home school, a reentry transition meeting
shall be held and shall include:
(
i) a staff member from the
alternative school program;
(
ii) a home school administrator or
designee;
(
iii) the parent or guardian; and
(
iv) the student, when
age-appropriate.
(
b)
The purpose of the meeting is to review progress, confirm that the student is
ready to return, and agree on short-term supports to help the student
successfully reintegrate.
(
6)
Reentry support plan:
(
a)
For the first thirty instructional days after returning to the home school, the
district shall provide additional support, including a designated staff
contact, regular monitoring of academic progress, and scheduled behavioral or
support check-ins.
(
7)
Appeal and review mechanism:
(
a)
If a student meets the established reentry criteria but is not approved to
return, the district must provide a written explanation to the parent or
guardian.
(
b)
The district shall offer a clear district-level review process to reconsider
the decision.
(
D)
Each district shall annually report to the South Carolina Department of
Education the number of students placed in alternative school programs, the
average length of placement, the number of students who returned to their home
schools, and the number of students placed more than once in the same school
year. The department shall prepare a statewide summary report for the General
Assembly.
(
E)
Districts may implement this subarticle using existing staff and resources.
(
F)
The provisions of this subarticle apply to all alternative school programs
under Subarticle 1. Nothing in this subarticle limits student protections under
federal disability laws, alters existing discipline authority, creates a
private right of action, or changes expulsion laws.
(
G)
The State Department of Education may provide guidance, model transition
policies, and optional templates for Individual Transition Plans to help
districts implement this subarticle in a student-centered manner.
S
ECTION 2. The
existing provisions of Article 13, Chapter 63, Title 59 are designated
"Subarticle 1 General Provisions."
S
ECTION 3. This act takes effect upon approval
by the Governor.
----XX----
This web page was last updated on February 11, 2026 at 1:43 PM