Republican Gov. Mark Sanford has until January to sign the Teacher Protection Act, which was ratified by legislators June 3 as part of a bill that also would allow military employees stationed in South Carolina to pay in-state college tuition.

Once signed, the law would make serious assaults against teachers, administrators and other school employees a felony, rather than a misdemeanor. Students convicted of the crime could receive up to 10 years in prison and a $5,000 fine.

The bill's primary sponsor, state Sen. John Kuhn, said the law would make classrooms safer without costing taxpayers a cent.

"Students recognize now they are far more likely to spend time in jail than they would prior -- that is, if the governor would ever sign it," said Kuhn, R-Charleston. "We're losing precious time when this bill could be in effect."

Kuhn questions what the governor's waiting on. In April, Sanford included the Teacher Protection Act on a "wish list" of 16 bills he wanted legislators to approve.

Sanford spokesman Will Folks did not immediately respond to questions.

Kuhn and Sanford are not on friendly terms. Kuhn said the two have not spoken since Chip Campsen beat the first-term senator in the Republican primary. Campsen is a former aide and longtime friend of Sanford, who was accused of supporting Campsen's campaign to unseat Kuhn.

Kuhn first proposed the Teacher Protection Act in April 2003, shortly after a 16-year-old North Charleston High student attacked a teacher who stopped the student from hitting his mother.

Veteran teacher Rick Burkhart got between the two as the teen put one hand on his mother's throat and drew the other back to strike her. The student then pummeled Burkhart for about 10 minutes. It took four male teachers to restrain the teen, who pleaded guilty in juvenile court to misdemeanor assault and battery.

Teachers and lawmakers criticized his punishment -- one year of probation and 25 hours of community service -- as too lenient. Burkhart also complained he never got to speak in court before his attacker's sentencing. Kuhn's bill requires judges to make sure the victim knows about all proceedings and ask if the victim wants to testify.

"Schools are no longer as safe as they once were," said Burkhart, now a teacher at James Island Charter High. A year and a half after the incident, Burkhart still undergoes physical therapy.

"Parents either can't control their kids or won't," he said. "There has to be something in place that will act as a protection for teachers. I hope to God Senator Kuhn's law protects them before something happens to them like happened to me."

Three days into this school year, police arrested two Brentwood Middle School students and charged them with repeatedly hitting a teacher who tried to break up a fight. On Wednesday, a teacher got caught in the middle of a huge fray at Stall High, also in North Charleston, but was not seriously injured. None of the charges stemming from that fight included assaulting a teacher.

"This bill is critical to improving the educational environment," said Kuhn, a former substitute teacher at both Wando and Stall high schools. "I've seen firsthand that when you have a classroom full of students who want to learn, and two or three who aren't interested and are bad apples, the whole learning environment is destroyed, and those who want to learn can't."

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