South Carolina § 59-25-530 - Failure to comply with contract without written consent; residence changes.

§ 59-25-530. Failure to comply with contract without written consent; residence changes.

(A) Any educator who fails to comply with the provisions of his contract without the written consent of the school board is considered to be in breach of contract. Notwithstanding Section 59-25-150, a breach of contract resulting from the execution of an employment contract with another board within the State without the consent of the board first employing the educator makes void any subsequent contract with any other school district in South Carolina. Upon the formal complaint of the school board, substantiated by conclusive evidence, the state board may suspend or revoke the educator's certificate. The state board shall not hear a complaint from a school board pursuant to this section unless it is received within sixty days of the breach of contract. The period for educator certificate suspension due to breach of contract must begin on the date such contract is breached with the district and run for a period of time deemed appropriate by the State Board of Education, not to exceed six months from the date of breach. During this suspension period, the educator may not be signed to an employment contract by any public school board in South Carolina. The department shall provide notification of the suspension to other state educator licensing authorities.

(B) An educator who has a bona fide residence change to a noncontiguous county during the term of the educator's contract is not considered to be in breach of contract as provided in this section. An educator has the burden of proving a bona fide residence change to the local school board. Factors to consider in determining a bona fide residence change shall include, but are not limited to, the following:

(1) address on legal documents and bank accounts;

(2) qualification for the reduced four percent property tax assessment on a primary residence;

(3) address on driver's license or official identification cards; and

(4) voter registration address.

HISTORY: 1962 Code SECTION 21-370.3; 1974 (58) 2343; 2025 Act No. 12 (H.3196), SECTION 7, eff July 1, 2025.

Editor's Note

2025 Act No. 12, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'Educator Assistance Act.'"

Effect of Amendment

2025 Act No. 12, SECTION 7, rewrote the section.