A new South Carolina law has changed the rules governing school expulsions across the state. The legislation, which became effective on May 18, 2026, creates important new legal standards for certain expulsion cases and gives school districts additional guidance when determining whether a student should be removed from school.
These changes apply to public school districts throughout South Carolina, including students attending schools in Lexington County, Richland County, Columbia, and the surrounding Midlands.
For many families, an expulsion recommendation can have serious and lasting consequences. A student may face months away from school, disruption of their education, difficulty transferring to another school, and long-term effects on future educational opportunities. Understanding the new law is an important first step in protecting your child's rights.
New Requirements for Student Threat Cases
One of the most significant changes involves students accused of making threats against other students, school employees, or the school itself.
In recent years, many students have been recommended for expulsion after allegations involving statements made in person, through text messages, on Snapchat, Instagram, Discord, or other social media platforms. In some cases, the statements were intended as jokes or were taken out of context. In others, school officials concluded the statements constituted genuine threats.
Under the new South Carolina law, a student cannot be expelled under this section unless the school board, or the hearing officer designated by the board, finds at a minimum that:
- The threat was directed at specific students, staff members, or the school.
- An ordinary person reviewing the threat would reasonably expect a violent act resulting in bodily harm.
- The student could reasonably be expected to have the ability to carry out the threat.
- The threat resulted in a material and substantial disruption to school operations, such as a lockdown, cancellation of classes, or parents keeping students home because of the threat.
These are significant legal requirements. The school must establish more than simply showing that a concerning statement was made. The circumstances surrounding the statement, the student's intent, the student's actual ability to carry out the alleged threat, and the impact on school operations may all become important issues during an expulsion hearing.
Why This Change Matters
Our office has represented many students throughout Lexington and Columbia who were accused of making threats. We regularly appear with students in Lexington District One school expulsion hearings, as well as other area districts.
Sometimes the allegation involves a social media post. Other times it involves a text message, Snapchat message, classroom comment, or a statement reported by another student.
In some cases, there was never a genuine threat of violence. In others, the student lacked any realistic ability or intent to carry out the alleged threat. Despite that, students have frequently been recommended for expulsion.
The new law provides additional legal arguments that may be available to challenge an expulsion recommendation. It also gives hearing officers and school boards clearer statutory authority to determine whether the legal requirements have actually been met before imposing the severe penalty of expulsion.
Depending on the facts of the case, these changes may support dismissal of the expulsion recommendation or the imposition of a lesser disciplinary consequence.
Changes to Firearm Expulsion Cases
The legislation also modifies South Carolina's mandatory firearm expulsion law.
Previously, bringing a firearm onto school property generally resulted in a mandatory one-year expulsion.
Under the new law, the statute now applies when a student knowingly brings a firearm onto school property. The addition of the word "knowingly" may become an important issue in certain cases involving disputed facts.
The law also expressly authorizes a local school board to modify the one-year expulsion period on a case-by-case basis. This gives school districts greater flexibility to consider the individual circumstances of each student and each incident rather than automatically imposing the same punishment in every case.
Students mays till however face criminal charges for bringing a weapon onto school grounds. We can help with juvenile criminal defense if necessary.
School Expulsion Hearings Require Preparation
School expulsion hearings are unlike criminal or civil court proceedings.
The formal Rules of Evidence generally do not apply, yet school districts must still comply with applicable statutes, district policies, and constitutional due process requirements. The evidence presented, witness testimony, school investigation, disciplinary history, and procedural requirements can all affect the outcome.
Proper preparation can make a significant difference in presenting mitigating evidence, challenging inaccurate allegations, identifying procedural errors, and advocating for alternatives to expulsion whenever appropriate.
Lexington & Columbia School Expulsion Defense
If your child has been recommended for expulsion from a public school in Lexington, Columbia, or the surrounding Midlands, it is important to understand your legal options before the hearing.
The attorneys at the Law Office of James R. Snell, Jr., LLC, have represented students and families in school expulsion proceedings and appeals before district hearing officers. We understand how these hearings are conducted and the strategies that may help challenge unfair allegations or reduce the likelihood of an expulsion.
We offer free consultations, and same-day appointments are typically available.
To schedule an appointment, call (803) 359-3301 today.
Disclaimer: Every case is unique. Prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.