Committee carries over bill clarifying expulsions for firearms and considering new category for threats

The Senate Education Committee carried over S.416 after extended discussion about how school discipline rules treat students who bring firearms to school and whether written or electronic threats should be placed in the same statutory framework.

Donna Barton, research director, summarized the bill’s changes: it would align and clarify the existing code that governs general school expulsions and that specific section addressing firearms; require a one‑year expulsion for bringing a firearm to school measured from the date of the incident; require hearings before the district board of trustees for that offense (the board could still modify the one‑year requirement on a case‑by‑case basis); and remove an unrelated minor lottery‑ticket provision that had been misplaced in the code.

Why it matters: Sponsors and staff said gun offenses in schools merit distinct treatment and direct board involvement because of the severity. Committee members debated strict liability language, the role of superintendent reductions, whether transfers within a district should be permitted in lieu of expulsion, and whether threatening communications should be added to the statute.

Threats and an additional category

Staff presented proposed language (from a stakeholder group) that would create a separate category for knowingly and willfully conveying a threat to commit bodily harm by means of a weapon via written, paper or electronic communication. The proposal would set out elements for that offense and give the board authority to consider disciplinary measures; some senators urged expanding that language to capture verbal threats and other corroborating evidence. Senators and witnesses said modern threats often come by electronic means, but the committee debated whether the language should explicitly include phone calls or in‑person verbal threats or remain limited to documentable communications.

Due process, hearings and delegation

The bill would require the hearing for firearm offenses to be conducted before the district board of trustees and would not permit delegation to another authority for that particular offense. The subcommittee and committee amendments would limit prohibitions on expelled and suspended students to the period of the expulsion or suspension and allow a parent to request a conference in lieu of a hearing for transfer cases.

Next steps

Committee members said the bill raises complex issues and asked staff to redraft parts of the bill to incorporate the committee’s ideas, including broadened language for threats and clearer procedural timing. The committee voted to carry the bill over for further drafting and to return at a later date.

Speakers

- Donna Barton, research director (staff) - Senator Elliott, subcommittee chair, senator from Greenville (government) - Senator Anderson (government) - Senator from Williamsburg (government) - Senator from Manchin (government)

Authorities

- statute: current code sections on expulsion and firearms on school property (referenced_by: ["Donna Barton","Senator Elliott"]) (specific citations not specified in the transcript)

Actions

- motion: "Carry S.416 over to allow staff to redraft language addressing firearms expulsions, hearing venue, and proposed threat language"; mover: not specified; second: not specified; outcome: approved (ayes have it).

Discussion vs. decision

- Discussion points: whether firearm offenses should remain strict liability or require knowledge; whether the superintendent may reduce board expulsions; the appropriate venue (board of trustees) for firearm expulsions; whether written/electronic/verbal threats should carry the same presumption of expulsion. - Directions: staff to draft revised language to reflect committee guidance; broaden proposed threat language to consider verbal threats and additional corroborating evidence; return to committee. - Decisions: procedural — bill carried over for further drafting.

Clarifying details

- "one‑year expulsion": the bill would require an expulsion for one year from the date of the incident for firearm offenses, with the board retaining authority to modify that requirement on a case‑by‑case basis (source_speaker: Donna Barton) - "hearing venue": the hearing for firearm expulsions must be before the district board of trustees; the board cannot delegate that authority for this offense (source_speaker: Donna Barton) - "threats language": staff presented proposed language to treat knowingly conveyed written/electronic threats as a separate category, but senators asked to expand coverage to verbal threats and corroborating evidence (source_speaker: Donna Barton; Senator Anderson)

Proper_names

- Palmetto State Teachers Association (PSTA) (type: organization) — referenced as having submitted suggested language - Donna Barton (type: person)

Community relevance

- geographies: statewide school districts - impact_groups: students subject to disciplinary action, parents/guardians, school administrators

Meeting context

- engagement_level: speakers_count: 8, duration_minutes: 60, items_count: 1 - implementation_risk: high (discipline, safety and due process considerations; potential overlap with criminal investigations and local law enforcement)

searchable_tags:["S.416","school discipline","expulsion","firearms","threats"]

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