Educator Safety and Classroom Authority Act of 2026

2025-2026 Bill 5483: Educator Safety and Classroom Authority Act of 2026 - 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. 5483
STATUS INFORMATION
General Bill
Sponsors: Reps. Erickson, Bradley, McGinnis, Hartnett, Teeple, Vaughan, Duncan, D. Mitchell, Lastinger and Atkinson
Companion/Similar bill(s): 1060
Document Path: LC-0690WAB26.docx
Introduced in the House on April 1, 2026
Last Amended on April 28, 2026

Currently residing in the House Committee on
Education and Public Works
Summary: Educator Safety and Classroom Authority Act of 2026
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

4/1/2026

House

Introduced and read first time (
House Journal-page 6
)

4/1/2026

House

Referred to Committee on
Education and Public Works
(
House Journal-page 6
)

4/21/2026

House

Member(s) request name added as sponsor: Duncan

4/22/2026

House

Committee report: Favorable with amendment
Education and Public Works
(
House Journal-page 4
)

4/23/2026

House

Member(s) request name added as sponsor: D. Mitchell

4/28/2026

House

Member(s) request name added as sponsor: Lastinger

4/28/2026

House

Amended (
House Journal-page 18
)

4/28/2026

House

Requests for debate-Rep(s). JL Johnson, McDaniel,
Reese, Waters, Henderson-Myers, Luck, Hosey,
Long, Clyburn, Pedalino, Schuessler, Guest,
Crawford, Garvin, Weeks, Jones, Balletine, Magnuson (
House Journal-page 18
)

4/29/2026

House

Debate adjourned (
House Journal-page 175
)

4/30/2026

House

Member(s) request name added as sponsor: Atkinson

5/7/2026

House

Debate adjourned (
House Journal-page 43
)

5/13/2026

House

Recommitted to Committee on
Education and Public Works
(
House Journal-page 183
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
04/01/2026
04/22/2026
04/28/2026

Amended - Not Printed
Bill for the House

Amt. No. 1 (LC-5483.WAB0001H.docx)

April 28, 2026

H. 5483

Introduced by Reps. Erickson, Bradley, McGinnis,
Hartnett, Teeple, Vaughan, Duncan, D. Mitchell and Lastinger

S. Printed 4/28/26--H.

Read the first time April 1, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"EDUCATOR SAFETY AND CLASSROOM AUTHORITY ACT OF 2026" BY ADDING ARTICLE 6 TO
CHAPTER 63, TITLE 59, SO AS TO PROVIDE FOR EDUCATOR SAFETY AND CLASSROOM
AUTHORITY, TO DEFINE NECESSARY TERMS, TO ESTABLISH THE AUTHORITY OF EDUCATORS
IN CLASSROOM MANAGEMENT AND STUDENT DISCIPLINE, TO PROVIDE PROCEDURES FOR
STUDENT REFERRAL, REMOVAL, AND ADMINISTRATIVE RESPONSE, TO PROVIDE PROTECTIONS
FOR EDUCATORS, ADMINISTRATORS, AND STAFF, TO REQUIRE CERTAIN ACTIONS BY THE
STATE BOARD OF EDUCATION, AND TO PROVIDE FOR IMPLEMENTATION BY SCHOOL
DISTRICTS.

Amend Title To Conform

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

S
ECTION 1.
This act may be cited as the "Educator Safety and Classroom Authority
Act of 2026."

S
ECTION 2.
C
hapter 63, Title 59 of the S.C. Code is amended by
adding:

A
rticle 6

E
ducator Safety and Classroom Authority

S
ection
59-63-610
.
A
s used in this article:

(
1)
"Educator" means any member of the instructional staff in an elementary or
secondary public school to whom students are assigned for instruction
including, but not limited to, classroom teachers, special education teachers,
instructional aides, and others designated by the principal.

(
2)
"Administrator" means the school principal or the principal's designated
representative.

(
3)
"Staff" means all administrators, educators, or other employees of the school
or district.

(
4)
"Department" means the State Department of Education.

(
5)
"School property" means a classroom, school premises, a school bus or other
district or school-owned vehicle, an official school bus stop, a
school-sponsored activity or event regardless of location, or any other
function where the school is responsible for the supervision and care of
students.

(
6)
"Student code of conduct" means the written conduct policy adopted by the local
school district board of trustees.

(
7)
"Removal" means the act of requiring a student to leave the classroom because
of disruptive, abusive, or otherwise inappropriate behavior, pending further
administrative or disciplinary action.

(
8)
"Harassment or intimidation" means a gesture, electronic communication, or a
written, verbal, or physical act that is reasonably perceived to have the
effect of:

(
a)
harming staff or damaging staff's real or personal property while at school; or

(
b)
placing staff in reasonable fear of harm or property damage while at school.

(
9)
"Abusive language" includes, but is not limited to:

(
a)
behavior intended to provoke someone in an insulting or contemptuous manner
that is verbal, written, or digital; or

(
b)
threatening words or conduct intended to induce fear or bodily harm or
threatening conflict intended to inflict harm within a classroom setting.

(
10)
"Violence" means an intentional act that causes physical harm.

(
11)
"Disruptive conduct" means activities engaged in by a student which are
directed against persons or property, the consequences of which may endanger
the health or safety of oneself or others in the school or interfere with
classroom or school activities.

(
12)
"Criminal conduct" means activities defined in law and engaged in by a student
which result in violence to oneself or another person or property or which pose
a direct and serious threat to the safety of oneself or others in the school.

(
13)
"Reasonable physical force" means the minimum amount of force necessary for an
educator to protect himself, others, or personal or school property from harm
in response to violent student behavior. This definition does not include or
allow for the application of physical force as a form or means of discipline.

S
ection
59-63-620
.
(
A) Educators shall
establish classroom rules and expectations for their students that are
consistent with state law and district policy, communicate those rules and
expectations to parents or guardians, and implement consistent in-class
routines to support effective classroom management, engaging instruction, and
clear expectations for student behavior.

(
B)
Subject to state law and district policy, educators have the authority to:

(
1)
establish classroom rules of conduct, movement, and decorum;

(
2)
establish and implement consequences for violations of classroom rules that are
designed to correct behavior;

(
3)
remove, or have removed, disobedient, disrespectful, violent, abusive,
uncontrollable, or disruptive students from the classroom for
behavior-management intervention;

(
4)
refer students who are violent, abusive, or persistently disruptive to
appropriate school or district personnel for further intervention;

(
5)
assist in enforcing rules on school property and during school activities;

(
6)
request and receive information from school administration regarding the
disposition of referrals made for violations of classroom or school rules;

(
7)
request and receive immediate assistance from school administration when a
classroom situation becomes unsafe or unmanageable;

(
8)
request professional development and training in classroom management, conflict
resolution, violence prevention, and related areas;

(
9)
pursue legal remedies, including filing charges, if the educator has reason to
believe he or she is the victim of a crime occurring on school property, during
school-sponsored transportation, or during school-sponsored events; and

(
10)
use reasonable physical force to protect themselves or others from harm.

S
ection
59-63-630
.
R
eferral, removal, and administrative
follow-up procedures must consist of:

(
1)
Referral to principal:

(
a)
If repeated attempts to direct a student to correct behavior are unsuccessful,
an educator may escalate interventions for minor classroom infractions
including, but not limited to, assigning detention.

(
b)
In instances of more serious or persistent student behavior, an educator may
refer a student to the appropriate administrator for discipline and may include
a written recommendation for a consequence aligned with the district's student
code of conduct.

(
c)
Except in instances of severe violence or threat of violence, the school shall
utilize a systematic and escalating approach to determine appropriate
disciplinary consequences. The administrator shall make the final determination
but may not alter or destroy a student discipline referral submitted by an
educator without the educator's consent.

(
2)
Administrative response:

(
a)
Upon receiving a referral, an administrator shall determine whether the student
violated the student code of conduct.

(
b)
If a violation is found, the administrator may accept the educator's
recommended consequence, impose a more serious consequence if justified by the
student's behavioral history, or determine another appropriate consequence
based on the circumstances.

(
c)
The administrator shall notify the educator in writing of the disposition of
the referral, including whether discipline was imposed and any consequences,
interventions, or supports provided.

(
3)
Removal and placement:

(
a)
An educator may have a student removed from his or her immediate supervision
and placed in an alternative setting if the student's behavior interferes with
teaching or peer learning. An administrator shall place the student in another
classroom, in-school suspension, or another appropriate setting consistent with
district policy. The school shall notify the parent or guardian of a student
removed from the classroom for disruptive or criminal conduct.

(
b)
A student removed from the classroom for disruptive or criminal conduct may not
return to the educator's classroom on the same day without the educator's
consent and shall remain out of the classroom until the parent or guardian has
acknowledged in writing awareness of the consequences for subsequent
disruptive, defiant, or violent behavior.

(
c)
In the event of student behavior resulting in violence against an educator, and
upon the educator's request, the school shall permanently remove the student
from that educator's classroom, consistent with applicable law.

(
4)
Nothing in this act may be construed to limit, waive, or override the rights
and protections afforded to students with disabilities under the Individuals
with Disabilities Education Act, the Americans with Disabilities Act, or
Section 504 of the Rehabilitation Act of 1973. In the event of a conflict
between this act and federal disability law, federal law shall control.

S
ection
59-63-640
.
(
A) The applicable
provisions of the South Carolina Tort Claims Act apply to actions taken by
educators, administrators, and staff pursuant to the authority granted under
this article, including actions involving student removal, referral, or the use
of reasonable force.

(
B)
With respect to support and training, the department shall:

(
1)
develop guidance to support school districts, educator preparation programs,
and educational leadership programs in strengthening classroom management
training and the implementation of student codes of conduct; and

(
2)
create a statewide classroom management framework and provide related training.

(
C) A
school district may not suspend, terminate, or otherwise discipline an
administrator, educator, or staff member for actions taken in conformity with
the provisions of this article.

S
ection
59-63-650
.
I
n addition to other requirements for
receiving state funds allocated for State Aid to Classrooms, a school district
shall implement a policy adopted by the State Board of Education that
establishes minimum standards regarding:

(
1)
expectations for schools and appropriate student behavior;

(
2)
requirements that persistently disruptive student behavior does not
substantially disrupt the effective operations of a classroom or school;

(
3)
definitions of reasonable force aligned with best practices and legal
principles;

(
4)
prohibition of harassment, intimidation, or abusive language directed at school
staff or students, including procedures for reporting and investigation;

(
5)
data collection and reporting related to discipline incidents described in this
article; and

(
6)
minimum requirements for professional development and educator and
administrator preparation programs related to student discipline and classroom
management.

S
ection
59-63-660
.
(
A) District boards of
trustees shall revise their student and staff codes of conduct to conform with
this article within one year of the State Board of Education's adoption of the
policy required in Section
59-63-650
.

(
B)
The department shall provide technical assistance to school districts in
revising their codes of conduct.

(
C)
Notwithstanding any conflicting local policies, the provisions of this article
concerning educator authority, student removal, and placement control.

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

----XX----

This web page was last updated on April 28, 2026 at 5:05 PM