South Carolina H 5165: Stanley Myers

Bill Text

2025-2026 Bill 5165 Text of Previous Version (Feb. 11, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5165

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 5, Chapter 21, Title 59 of the S.C. Code is 
amended by adding:

 Section 
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.

SECTION 2. This act takes effect July 1, 2027.

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This web page was last updated on February 11, 2026 at 01:43 PM