The bill H. 5165 aims to establish minimum qualifications for Directors of Special Education and individuals in equivalent administrative roles responsible for special education services in South Carolina. It mandates that each school district and local education agency ensure that these individuals hold a valid administrative certification or license from the State Department of Education, as well as a valid certification in special education relevant to the grade levels and disability categories they serve. Additionally, candidates must have a minimum of five years of professional experience in special education, including program administration or oversight related to the federal Individuals with Disabilities Education Act (IDEA).

The bill also includes provisions for individuals currently serving in these positions as of July 1, 2027, allowing them to continue in their roles if they demonstrate satisfactory progress toward meeting the new qualifications by July 1, 2030. Local education agencies are required to annually certify compliance with these qualifications to the State Department of Education, which will monitor adherence and may take enforcement actions, including withholding state or federal special education funds, if noncompliance is not corrected. The act is set to take effect on July 1, 2027.

Statutes affected:
02/11/2026: 59-21-545
Latest Version: 59-21-545