School Board Ethics, the official text

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

(A191, R221, S70)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 5 TO CHAPTER 19, TITLE 59 SO AS TO PROVIDE A SCHOOL BOARD MEMBER CODE OF ETHICS; AND BY ADDING SECTION 59-19-45, RELATING TO MANDATORY TRAINING FOR SCHOOL DISTRICT TRUSTEES, SO AS TO REVISE THE TRAINING CONTENT REQUIREMENTS, APPLICABILITY, AND COMPLIANCE REQUIREMENTS, AMONG OTHER THINGS.

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

School Board Member Code of Ethics

SECTION 1. Chapter 19, Title 59 of the S.C. Code is amended by adding:

Article 5

School Board Member Code of Ethics

Section 59-19-710. The purpose of this article is to enhance local school governance by promoting the highest standards of ethical behavior.

Section 59-19-720. For the purposes of this article, "board member" means a person holding membership, whether by election or appointment, on a board of education, including a charter school board, charter school authorizer board, or the South Carolina Charter School District Board, other than the State Board of Education.

Section 59-19-730. (A) The State Board of Education shall adopt, and revise as necessary, a model code of ethics consistent with standards established by the South Carolina Ethics Commission for local school board members.

(B)(1) A local school board shall adopt a local code of ethics applicable to that board within three months after adoption of the model code of ethics by the State Board of Education. A local code must include, at a minimum, the State Board of Education's model code of ethics.

(2) If the State Board of Education adopts a revision to the model code of ethics, then local school boards shall adopt and incorporate the revision into their local code within three months of the adoption of the revision by the State Board of Education.

(3) A local school board may only adopt its local code of ethics or any changes to that local code at a regularly scheduled meeting.

(4) A local school board may not adopt or follow a code of ethics that prevents its members from freely discussing the policies and actions of the board outside of a board meeting except for matters discussed in executive session. This does not preclude a local school board from adopting a policy in a regularly scheduled meeting that prohibits certain disclosures allowed by law.

(5) A local school board shall submit a copy of its local code of ethics and subsequent revisions to the State Board of Education within sixty days of adoption.

(6) Nothing contained in this section may be construed to repeal, replace, or preclude application of any other statute.

School board member training, content, applicability, and compliance

SECTION 2. Section 59-19-45 of the S.C. Code is amended to read:

Section 59-19-45. (A) The department shall:

(1) adopt a required training program for new local school board members delivered by the department or the department's designee(s).

(2) adopt a required training program for local school board members that have been reelected or reappointed delivered by the department or the department's designee(s).

(3) review the training program and adopt any necessary revisions every three years. The department may designate a designee(s) for this review process.

(B) Within nine months of taking office, all persons elected, reelected, appointed, or reappointed as members of a school district board of trustees regardless of the date of their election, reelection, appointment, or reappointment, shall complete the required training program in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, nepotism, conflicts of interest, and community relations. This program must be offered by the department or its designee(s) and completed by each board member within nine months after his election, reelection, appointment, or reappointment. The State Board of Education must keep a record of the school board trustees who complete the training program within the required time. The State Board of Education shall issue a letter of caution informing any school board trustee who fails to comply with the requirements of this section providing a time in which to cure the noncompliance. If the school board trustee fails to cure his noncompliance, the State Board of Education shall submit the name of the school board trustee to the Governor for recommendation of removal under Section 59-19-60.

(C) In addition to meeting other requirements provided by law, a person serving on a local school board shall sign a statement certifying that he understands and is in compliance with the South Carolina ethics law, the applicable local code of ethics, and the training required pursuant to this section.

(D) A local school board shall certify compliance with the provisions of subsections (B) and (C) by all board members within nine months of the election, reelection, appointment, or reappointment of the board and publish this certification in the minutes of the next regularly scheduled school board meeting.

Time effective

SECTION 3. Section 59-19-730(A) and Section 59-19-45(A)(1) takes effect upon approval by the Governor but must be completed by December 31, 2026. The training program pursuant to Section 59-19-45(B) must be offered by the department or its designee(s) and completed by each board member within one year after the effective date of this act.

Ratified the 15th day of May, 2026.

Approved the 18th day of May, 2026.

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