South Carolina S 454: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR NEW LIGHT BEULAH BAPTIST CHURCH OF HOPKINS AND TO CELEBRATE WITH THE PASTOR AND MEMBERS THEIR ONE HUNDRED FIFTY YEARS OF INDEPENDENCE AS A CONGREGATION FAITHFULLY SERVING THEIR COMMUNITY.

Bill Text

2025-2026 Bill 454 Text of Previous Version (May. 12, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 454

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

House Amendments Amended

May 12, 2026

S. 454

Introduced 
by Senator Hembree 

S. Printed 5/12/26--S.

Read the first time March 13, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 59-40-40, RELATING TO DEFINITIONS PERTAINING TO CHARTER SCHOOLS, SO AS 
TO CHANGE REFERENCES FROM "SPONSOR" TO "AUTHORIZER" AND TO PROVIDE OTHER 
DEFINITIONS; BY AMENDING SECTION 59-40-50, RELATING TO EXEMPTIONS, SO AS TO 
REQUIRE A CHARTER SCHOOL TO POST THEIR ANNUAL AUDIT ON THEIR WEBSITE AND TO 
NOTIFY AND PROVIDE A COPY OF ANY EDUCATION MANAGEMENT CONTRACTS TO THE 
AUTHORIZER; BY AMENDING SECTION 59-40-55, RELATING TO AUTHORIZER POWERS AND 
DUTIES AND THE RETENTION OF FUNDS, SO AS TO REQUIRE THE AUTHORIZER TO ADOPT AND 
IMPLEMENT POLICIES, PROCEDURES, AND PRACTICES THAT ENSURE GOOD GOVERNANCE AND 
ACCOUNTABILITY; BY AMENDING SECTION 59-40-60, RELATING TO CHARTER APPLICATIONS 
AND COMMITTEES, SO AS TO EXPAND THE CHARTER SCHOOL APPLICATION TO INCLUDE ANY 
PROPOSED CHARTER OR EDUCATION MANAGEMENT CONTRACTS CONTEMPLATED BY THE CHARTER 
SCHOOL; BY AMENDING SECTION 59-40-70, RELATING TO APPLICATION REQUIREMENTS AND 
PROCEDURES, SO AS TO SET A TIME FRAME TO HOLD A PUBLIC HEARING ON THE 
APPLICATION FOR A CHARTER SCHOOL; BY AMENDING SECTION 59-40-75, RELATING TO THE 
REMOVAL OF AN AUTHORIZER OR MEMBER OF A DISTRICT OR GOVERNING BOARD, SO AS TO 
REQUIRE THE GOVERNOR TO VACATE THE SEAT OF A MEMBER OF AN AUTHORIZER OR CHARTER 
SCHOOL GOVERNING BOARD WHO IS INDICTED FOR A CRIME; AND TO ALLOW THE GOVERNOR 
TO REMOVE A MEMBER FOR CHRONIC UNEXCUSED ABSENTEEISM, MEDICAL INCOMPETENCY, OR 
MEDICAL INCAPACITY; BY AMENDING SECTION 59-40-90, RELATING TO APPEALS TO THE ADMINISTRATIVE 
LAW COURT, SO AS TO ALLOW AN APPEAL FOR ANY FINAL DECISION MADE PURSUANT TO 
THIS CHAPTER BE MADE TO THE ADMINISTRATIVE LAW COURT; BY AMENDING SECTION 
59-40-115, RELATING TO TERMINATION OF A CONTRACT WITH AN AUTHORIZER, SO AS TO 
ALLOW A CHARTER SCHOOL TO TERMINATE ITS CHARTER AND CONTRACT WITH AN AUTHORIZER 
UNDER CERTAIN CONDITIONS; BY AMENDING SECTION 59-40-150, RELATING TO THE DUTIES 
OF THE DEPARTMENT OF EDUCATION, SO AS TO ESTABLISH THE DUTIES OF THE DEPARTMENT 
OF EDUCATION TO SERVE AS THE STATE EDUCATION AGENCY FOR EACH AUTHORIZER AND 
ANNUALLY REVIEW THE POLICIES, PROCEDURES, AND PERFORMANCE OF EACH AUTHORIZER 
FOR COMPLIANCE; AND BY AMENDING SECTION 59-40-180, RELATING TO REGULATIONS AND 
GUIDELINES, SO AS TO CLARIFY THAT GUIDELINES WILL BE APPLICABLE TO NEW 
AUTHORIZERS AND CHARTER SCHOOLS.

 Amend Title To Conform

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

SECTION 1. Section 59-40-40 of the S.C. Code is amended to read:

 Section 
59-40-40. As used in this chapter:

 (1) A 
"charter school" means a public, nonreligious, nonhome-based, nonprofit 
corporation forming a school that operates by sponsorship authorization of a public school district, the South 
Carolina Public Charter School District, or a public or independent institution 
of higher learning, but is accountable to the board of trustees, or in the case 
of technical colleges, the area commission, of the sponsor 
authorizer which grants its charter. Nothing 
in this chapter prohibits charter schools from offering virtual services 
pursuant to state law and subsequent regulations defining virtual schools.

 (2) A 
charter school:

 (a) 
is, for purposes of state law and the state constitution, considered a public 
school and part of the South Carolina Public Charter School District, the local 
school district in which it is located, or is sponsored authorized by an approved 
public or independent institution of higher learning;

 (b) 
is subject to all federal and state laws and constitutional provisions 
prohibiting discrimination on the basis of disability, race, creed, color, 
gender, national origin, religion, ancestry, or need for special education 
services; however, an applicant may seek to form a single gender charter school 
without regard to the gender makeup of that proposed charter school;

 (c) 
must be administered and governed by a governing body in a manner agreed to by 
the charter school applicant and the sponsorauthorizer, the governing body to be selected as provided 
in Section 59-40-50(B)(9)(14);

 (d) 
may not charge tuition or other charges pursuant to Section 59-19-90(8) except 
as may be allowed by the sponsor authorizer and is comparable to the charges of the local 
school district in which the charter school is located;

 (e) 
is subject to the same fixed asset inventory requirements as are traditional 
public schools.

 (3) 
"Applicant" means