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South Carolina · H.5073 / Act 204

School grading (H.5073, Act 204): SC bans minimum-grade policies and limits benchmark tests in final grades

Effective July 1, 2026

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The short version

  • Since July 1, 2026, no South Carolina public school district or school, including charter schools, may use a grading system that requires teachers to give a minimum grade or score higher than a student's actual performance on required assignments.
  • A district found in violation loses 10% of its State Aid to Classroom funding, which the S.C. Department of Education must withhold.
  • To be eligible for credit recovery, a student must have turned in all required assignments for the course; for content recovery, all required assignments for that part of the course.
  • Districts may not require state-required formative tests or district benchmark tests to count toward final grades, with limited exceptions. A state task force must recommend grading-policy changes by June 1, 2027.
Status
Law. Signed by the Governor May 18, 2026; ratified as R254, Act No. 204. Effective July 1, 2026.
Official source
SC Legislature, 2025-2026 Bill 5073 (Act No. 204)
Ratified text of Act No. 204 (Word)

What it does

The act adds a new Section 59-29-250 to the S.C. Code setting rules for public school grading. For this section, “public school district” includes charter school districts and “public school” includes charter schools. (Act No. 204, Section 1; § 59-29-250(G))

  • No required minimum grades. “No public school district or public school may adopt any type of grading system that requires a teacher to assign a minimum grade or score that exceeds the student’s actual performance on required assignments.” (§ 59-29-250(A))
  • Credit recovery. To take a district-approved credit recovery course (as defined in the S.C. Uniform Grading Policy), a student must have submitted all required assignments for the course, consistent with district policies on turning work in on time. (§ 59-29-250(B))
  • Content recovery. To join a district-approved content recovery program, a student must have completed all required assignments for the relevant part of the course. (§ 59-29-250(C))
  • Benchmark and formative tests. Districts may not require that results on the formative assessments required by Section 59-18-310(D), or on any district-selected benchmark assessment, be included in a student’s final grade. A district-selected benchmark test may count toward a course grade only if it was developed by or available to the teacher before it was given and measures only content already taught. End-of-course tests are not covered. Results on district-developed benchmark tests must be shared in a timely way with educators, students and parents. (§ 59-29-250(D))

Who it affects

  • Public and charter school students and parents, whose report-card grades and eligibility for credit or content recovery follow these rules. (§ 59-29-250(A)–(D))
  • Teachers and school districts, which may not require minimum grades and must follow the benchmark-test limits. Districts can still adopt their own credit and content recovery policies. (§ 59-29-250(A), (D), (F))

What it means for you

  • A school can no longer require a minimum grade above what the student actually earned on required assignments. (§ 59-29-250(A))
  • If your student is behind, credit recovery depends on having turned in all the course’s required assignments under district timeliness rules. (§ 59-29-250(B))
  • District benchmark tests can still be given to track progress; the act limits when they can count toward grades. (§ 59-29-250(D))

Cost and impact

The act does not include a cost estimate. Its enforcement tool is financial: if a district is found in violation of the section, the Department of Education must withhold 10% of the district’s State Aid to Classroom funding. (§ 59-29-250(A))

Current status

The House passed the bill 110–2 on second reading on March 4, 2026. The Senate amended it and approved it 43–0 on April 29, 2026, and the House agreed to the Senate amendment 114–3 on May 6, 2026. It was ratified May 15 and signed by the Governor on May 18, 2026, as Act No. 204. It took effect July 1, 2026. (Bill history; Act Section 2)

What happens next

Before the 2026-2027 school year, the State Board of Education was directed to set up a task force of superintendents, principals, teachers, school board representatives and three high school students. It must report to the State Board before June 1, 2027 on possible changes to the Uniform Grading Policy, including term weighting, how quality points are awarded, and use of a 100-point scale. Districts must put any updates in place no later than the 2028-2029 school year, and the policy should be reviewed at least every seven years after that. (§ 59-29-250(E))

Sources

Legislators connected to this bill

Current members listed as sponsors on the official bill page, or with a sourced public statement about it. Details and sources are on each member page.

SC House

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Every statement above is drawn from the official source text linked here; section references are shown in grey. This is a plain-English summary, not legal advice. Spot an error? Tell us.