South Carolina H 5166: Rev. Eugene Rush., Jr.

Bill Text

2025-2026 Bill 5166 Text of Previous Version (Feb. 11, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5166

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 
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."

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

SECTION 1. Article 13, Chapter 63, Title 59 of the S.C. Code is 
amended by adding:

Subarticle 2

Student Transitions to and from Alternative Schools

 Section 
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.

 Section 
59-63-1420. For 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.

 Section 
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

 (