reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-115. Issuance of diploma to high school student who enlisted in military during WWII; documentation; posthumous diplomas.

(A) A South Carolinian who enlisted in any branch of the United States military while enrolled as a student in any high school of this State during the period December 8, 1941, through September 1, 1946, must be issued a high school diploma upon presentation of documentation of school enrollment and a copy of an honorable discharge or honorable discharge papers (DD-214) to the South Carolina Department of Education.
(B) A posthumous high school diploma must be awarded to any person meeting the criteria of this section upon written request of a member of the individual's family.
HISTORY: 2000 Act No. 383, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-120. Data required to be submitted by high schools and institutions of higher learning concerning high school graduates.

On or before May first of each calendar year, every high school which issues a State high school diploma shall submit to the State Superintendent of Education in such form as he may prescribe the following data:
(1) The number of high school graduates that entered the freshman class of an institution of higher learning, either in or out of this State, for whom a first semester report has been received;
(2) A breakdown showing all courses passed by such group; and
(3) A breakdown showing all courses failed by such group.
Every high school shall seek diligently to obtain such data from out-of-State institutions of higher learning. Any high school which fails to file a report or files a false report shall lose its accreditation.
Every institution of higher learning in this State shall submit to the state high school from which he was graduated a report on the first semester accomplishments of each freshman.
HISTORY: 1962 Code Section 21-631; 1952 Code Section 21-631; 1947 (45) 317; 1957 (50) 211.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-130. Tabulation of information by State Superintendent of Education.

After such reports have been received, the State Superintendent of Education shall cause them to be tabulated so as to show the academic performance of graduates from the respective high schools who entered institutions of higher learning. When such tables have been prepared, they shall be included in the annual report of the State Superintendent of Education as presented to the General Assembly. The State Superintendent of Education shall acquaint the proper officials of the institutions of higher learning with the requirements of Section 59-39-120.
HISTORY: 1962 Code Section 21-632; 1952 Code Section 21-632; 1947 (45) 317; 1957 (50) 211.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-140. Regulations for inspection and classification of schools.

The State Board of Education may prescribe all such regulations as may not be inconsistent with Chapters 35, 37, 39, 43, 45, 53 and 55 and with the School Code to provide for the inspection and classification of all elementary and secondary schools.
HISTORY: 1962 Code Section 21-633; 1952 Code Section 21-633; 1942 Code Section 5408; 1932 Code Section 5602; Civ. C. '22 Section 2720; Civ. C. '12 Section 1831; 1907 (25) 520; 1916 (29) 875; 1919 (31) 248; 1973 (58) 636.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-150. High school shall not lose accreditation on basis of enrollment only.

No high school in this State shall lose its accreditation on the basis of class or school enrollment only, and any high school which lost its accreditation status during the school year 1964-65, based solely upon class or school enrollment, is hereby restored to its former accreditation status.
HISTORY: 1962 Code Section 21-634; 1965 (54) 304.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-160. Interscholastic activities; requirements for participation; monitoring; participation by handicapped; waivers.

(A) To participate in interscholastic activities, students in grades nine through twelve must achieve an overall passing average and either:
(1) pass at least four academic courses, including each unit the student takes that is required for graduation; or
(2) pass a total of five academic courses. Students must satisfy these conditions in the semester preceding participation in the interscholastic activity, if the interscholastic activity occurs completely within one semester or in the semester preceding the first semester of participation in an interscholastic activity if the interscholastic activity occurs over two consecutive semesters and is under the jurisdiction of the South Carolina High School League.
(B) Academic courses are those courses of instruction for which credit toward high school graduation is given. These may be required or approved electives. All activities currently under the jurisdiction of the South Carolina High School League remain in effect. The monitoring of all other interscholastic activities is the responsibility of the local boards of trustees. Those students diagnosed as handicapped in accordance with the criteria established by the State Board of Education and satisfying the requirements of their Individual Education Plan (IEP) as required by Public Law 94-142 are permitted to participate in interscholastic activities. A local school board of trustees may impose more stringent standards than those contained in this section for participation in interscholastic activities by students in grades nine through twelve.
(C) The State Board of Education may grant a waiver of the requirements of this section.
(1) This waiver may be granted when a written statement from a school district superintendent and athletic director has been received stating circumstances, including, but not limited to:
(a) a student's ineligibility to participate in interscholastic activities is due to misinformation concerning eligibility requirements being provided by district personnel;
(b) a student's ineligibility to participate in interscholastic activities is due to a long-term absence as a result of a medical condition, but the student has been medically cleared to participate by his health care practitioner; or
(c) any reasonable circumstance as determined by the State Board of Education.
(2) The State Board of Education shall establish guidelines to administer this section.
HISTORY: 1984 Act No. 512, Part II, Section 9, Division II, Subdivision A, Subpart 1; 1988 Act No. 502; 1997 Act No. 42, Section 1; 2015 Act No. 24 (S.154), Section 1, eff June 1, 2015.
Effect of Amendment
2015 Act No. 24, Section 1, added the paragraph designators, and rewrote (C), the former last paragraph.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-170. Secondary schools to emphasize teaching as career opportunity.

Acting through guidelines adopted by the State Board of Education, the secondary schools of this State shall emphasize teaching as a career opportunity.
HISTORY: 1984 Act No. 512, Part II, Section 9, Division II, Subdivision C, SubPart 1, Section 1(A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-200. Voter registration application forms to be made available to students.

Each high school in this State shall make available to its students voter registration application forms. Pursuant to Section 7-5-175, the forms must be provided to high school administrators upon their request to the appropriate county voter registration board or entity charged by law with registering an elector.
HISTORY: 2004 Act No. 253, Section 2, eff June 15, 2004.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-310. Driver education and training programs established.

The governing board of any school district maintaining a secondary school which includes any grades nine through twelve, inclusive, shall establish driver education and training programs for students in high school grades.
HISTORY: 1962 Code Section 21-650; 1966 (54) 2424.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-320. Rules and regulations of State Board of Education.

The State Board of Education shall promulgate rules and regulations for establishment by local school districts of approved driver education and training courses, and when duly promulgated shall have full force and effect of law. Such regulations shall require that credit for completion of a driver education training course shall not be given unless the course shall have included not less than thirty classroom hours of instruction in driver education, and not less than six hours of actual behind-the-wheel driving.
HISTORY: 1962 Code Section 21-650.1; 1966 (54) 2424.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-330. Supervision of course; rules and regulations.

The rules and regulations of the State Board of Education and training course shall be under the supervision of a qualified driver education teacher. Such rules and regulations shall include instrumental standards, teacher qualifications, reimbursement procedure, and other requirements which will further implement the purposes and intent of this article.
HISTORY: 1962 Code Section 21-650.2; 1966 (54) 2424.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-340. Payments to school districts.

The State Board of Education shall allow to each school district operating a driver education training program an amount equal to thirty dollars per pupil completing the standard prescribed course in the program in that school district during the preceding fiscal year in accordance with the regulations set forth by the State Board of Education for instructing pupils in driver education and training.
HISTORY: 1962 Code Section 21-650.3; 1966 (54) 2424.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-10. Short title.

This chapter may be cited as the "South Carolina Charter Schools Act of 1996".
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006.
Effect of Amendment
The 2006 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-20. Purpose.

This chapter is enacted to:
(1) improve student learning;
(2) increase learning opportunities for students;
(3) encourage the use of a variety of productive teaching methods;
(4) establish new forms of accountability for schools;
(5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site;
(6) assist South Carolina in reaching academic excellence; and
(7) create new, innovative, and more flexible ways of educating children within the public school system, with the goal of closing achievement gaps between low performing student groups and high performing student groups.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006; 2012 Act No. 164, Section 4, eff May 14, 2012.
Effect of Amendment
The 2006 amendment reprinted this section with no apparent change.
The 2012 amendment added item (7), and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-30. Intent of General Assembly.

(A) In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities are actively pursued and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.
(B) It is the intent of the General Assembly that creation of this chapter encourages cultural diversity, educational improvement, and academic excellence. Further, it is not the intent of the General Assembly to create a segregated school system but to continue to promote educational improvement and excellence in South Carolina.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006.
Effect of Amendment
The 2006 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-75. Removal of sponsor or member of district or governing board; prosecution.

(A) A member of the South Carolina Public Charter School District or of the governing board or sponsor of the charter school who is indicted in any court for any crime, or has waived the indictment if permitted by law, may be suspended by the Governor, who shall appoint another in his stead until he is acquitted. In case of conviction, the office must be declared vacant by the Governor and the vacancy filled as provided by law.
(B) Notwithstanding another provision of law to the contrary, members of a charter school board of directors who wilfully commit or engage in an act of malfeasance, misfeasance, absenteeism, conflicts of interest, misconduct, or persistent neglect of duty in office, or are deemed incompetent or incapacitated, may be removed from office by the Governor upon any of the forgoing causes being made to the satisfaction of the Governor. Before removing the officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard. Vacancies occurring in the membership of any board of directors as a result of removal pursuant to this subsection must be filled in the manner provided in the charter school's bylaws.
(C) Whenever it appears to the satisfaction of the Governor that probable cause exists to charge a member of the South Carolina Public Charter School District or of the governing board of the charter school who has the custody of public or trust funds with embezzlement or the appropriation of public or trust funds to private use, then the Governor shall direct his immediate prosecution by the proper officer.
HISTORY: 2006 Act No. 274, Section 1, eff May 3, 2006; 2021 Act No. 32 (S.607), Section 1, eff May 6, 2021.
Effect of Amendment
2021 Act No. 32, Section 1, rewrote (B).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-80. Conditional authorization of charter school.

A sponsor may conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006.
Effect of Amendment
The 2006 amendment substituted "sponsor" for "local school board" in the first sentence.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-90. Appeal to Administrative Law Court.

A final decision of the school district or a public or independent institution of higher learning sponsor may be appealed by any party to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D).
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006; 2006 Act No. 387, Section 45, eff July 1, 2006; 2008 Act No. 239, Section 6, eff May 21, 2008; 2014 Act No. 288 (H.3853), Section 5, eff June 12, 2014.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
Effect of Amendment
The first 2006 amendment deleted "local" throughout preceding "school board"; in subsection (C), substituted "thirty days" for "forty-five days" in the second sentence; and, in subsection (D), added the second sentence relating to attorney's fees and other expenses.
The second 2006 amendment, in subsection (D), substituted "Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)" for "circuit court for the county in which the proposed charter school is or was to have located".
The 2008 amendment rewrote the section, deleting prior subsections (A) to (C), relating to appeals to the State Board of Education, deleting subsection designator (D), and substituting "school district" for "state board".
2014 Act No. 288, Section 5, inserted "or a public or independent institution of higher learning sponsor".
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-115. Termination of contract with sponsor.

A charter school may terminate its contract with a sponsor before the ten-year term of contract if all parties under contract with the charter school agree to the dissolution. A charter school that terminates its contract with a sponsor directly may seek application for the length of time remaining on its original contract from another sponsor.
HISTORY: 2006 Act No. 274, Section 1, eff May 3, 2006; 2008 Act No. 239, Section 2, eff May 21, 2008; 2014 Act No. 288 (H.3853), Section 7, eff June 12, 2014.
Effect of Amendment
The 2008 amendment substituted "ten-year" for "five-year" in the first sentence.
2014 Act No. 288, Section 7, deleted "without review from the Charter School Advisory Committee" from the end of the section.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-120. Dissolution of charter school.

Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts must be returned to that entity. All other assets become property of the sponsor.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006.
Effect of Amendment
The 2006 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-125. Eligibility for retirement coverage.

(A) All charter schools, other than converted charter schools whose employees remain employees of the local school district or the South Carolina Public Charter School District pursuant to Section 59-40-100(D), are eligible covered employers in the South Carolina Retirement Systems and may elect to participate in the system by filing the appropriate application with the South Carolina Retirement Systems. If the charter school chooses not to become a covered employer, employees of that charter school are not allowed to participate in the South Carolina Retirement Systems except as provided in Section 59-40-130.
(B) The South Carolina Public Charter School District shall be a covered employer in the South Carolina Retirement Systems.
HISTORY: 2006 Act No. 274, Section 1, eff May 3, 2006.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-130. Leave for employment at charter school; continuation of benefits; exceptions.

(A)(1) If an employee of a local school district makes a written request for leave to be employed at a charter school before July 1, 2006, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned.
(2) Notwithstanding the provisions of item (1) and subject to the provisions of subsection (B), a charter school employing after June 30, 2006, an individual on leave from a local school district shall participate in the South Carolina Retirement Systems as a covered employer with respect to that employee on leave through the earlier of the date the employee on leave returns to employment by the district or June 30, 2011, and only if the charter school and the employee have made required employer and employee contributions to the South Carolina Retirement Systems from the employee's date of employment with the charter school.
(B) A charter school employing an individual on leave from a local school district shall participate in the South Carolina Retirement Systems as a covered employer with respect to the employee on leave it hires. The employee on leave from a local school district employed by a charter school shall accrue benefits and credits in the South Carolina Retirement Systems. The charter school shall remit to the Retirement Systems the employer contributions required by law for participating employers. The employee shall make the employee contributions to the Retirement Systems required by law and the contributions must be picked up in accordance with Section 9-1-1020. The South Carolina Retirement Systems may impose reasonable requirements to administer this section.
(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation is governed by Section 59-40-100.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006; 2012 Act No. 164, Section 14, eff May 14, 2012.
Effect of Amendment
The 2006 amendment, in subsection (A), added "before July 1, 2006" in the first sentence; and rewrote subsection (B).
The 2012 amendment rewrote subsection (A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-145. Students attending charter schools outside district of residence.

A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence; however, the receiving charter school shall have authority to grant or deny permission for the student to attend pursuant to Sections 59-40-40(2)(b) and 59-40-50(B)(7) and (8) according to the terms of the charter after in-district children have been given priority in enrollment. However, the out-of-district enrollment shall not exceed twenty percent of the total enrollment of the charter school without the approval of the sponsoring district board of trustees. The district sending children to the charter school under the terms of this section must be notified immediately of the transferring students. Out-of-district students must be considered based on the order in which their applications are received. If the twenty percent out-of-district enrollment is from one school district, then the sending district must concur with any additional students transferring from that district to attend the charter school. The charter school to which the child is transferring shall be eligible for state and federal funding according to the formula defined in Section 59-40-140(A), (B), and (C), as applicable. However, this section does not apply to a charter school sponsored by the South Carolina Public Charter School District Board of Trustees.
HISTORY: 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006.
Effect of Amendment
The 2006 amendment added the last (seventh) sentence excepting certain schools from application of the section.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-150. Duties of Department of Education.

(A) The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.
(B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.
(C) The department shall bear the cost of complying with this section.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006.
Effect of Amendment
The 2006 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-155. Orientation programs for board members and administrators.

(A) Within one year of taking office, all persons elected or appointed as members of a charter school board of trustees after July 1, 2006, shall complete successfully an orientation program in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, instructional programs, school finance, school law, ethics, and community relations. The orientation must be provided at no charge by the State Department of Education or an association approved by the department.
(B) Within ninety days of employment, an administrator employed by the charter school, who is not certified, shall complete successfully an orientation program in the powers, duties, and responsibilities of a school administrator including, but not limited to, topics on personnel, instructional programs, school finance, school law, ethics, and community relations. The orientation must be provided at no charge by the State Department of Education or an association approved by the department.
HISTORY: 2006 Act No. 274, Section 1, eff May 3, 2006.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-160. Compilation of evaluations; impact study.

(A) The State Board of Education shall compile evaluations to include, but not be limited to, school report cards of charter schools received from sponsors. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.
(B) An impact study must be conducted by the State Board of Education two years after the implementation of the Charter School Advisory Committee review process to determine the effectiveness of the application process.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006.
Effect of Amendment
The 2006 amendment, in subsection (A), in the first sentence added ", to include, but not be limited to, school report cards," and substituted "sponsors" for "local school boards of trustees"; deleted subsections (B) and (C); and redesignated subsection (D) as subsection (B).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-170. Annual listing of buildings suitable for charter school use.

The Department of Education shall make available, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by school districts in this State and that may be suitable for the operation of a charter school. The department shall make the list available to applicants for charter schools and to existing charter schools. The list must include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given the first refusal to purchase or lease the building under the same or better terms and conditions as it would be offered to the public.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006.
Effect of Amendment
The 2006 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-175. Charter School Facility Revolving Loan Program.

There is created in the state treasury the Charter School Facility Revolving Loan Program. This loan program is comprised of federal funds obtained by the state for charter school facilities, other funds appropriated or transferred to the fund by the state, and privately donated funds. Funds deposited to the Charter School Facility Revolving Loan Program must remain available for the purposes of the program until appropriated or reverted by the General Assembly. The State Treasurer may approve loans from monies in the Charter School Revolving Loan Program to a charter school, upon application by the charter school. Money loaned to a charter school pursuant to this section must be used for construction, purchase, renovation, and maintenance of public charter school facilities. The State Treasurer shall establish guidelines and procedures for application, approval, allocation, and repayment regarding loans from these monies. The Office of State Treasurer may be reimbursed from the program for costs associated with the administration of these loans.
HISTORY: 2012 Act No. 164, Section 2, eff May 14, 2012.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-180. Regulations and guidelines.

The State Board of Education shall promulgate regulations and develop guidelines necessary to implement the provisions of this chapter, including standards to determine compliance with this chapter and an application process to include a timeline for submission of applications that will allow for final decisions, including Administrative Law Court appeal, by December first of the year preceding the charter school's opening.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006; 2008 Act No. 239, Section 8, eff May 21, 2008; 2014 Act No. 288 (H.3853), Section 8, eff June 12, 2014.
Effect of Amendment
The 2006 amendment reprinted this section with no apparent change.
The 2008 amendment substituted "Administrative Law Court" for "state board".
2014 Act No. 288, Section 8, deleted "which the Charter School Advisory Committee shall use" following "including standards".
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-190. Liability of governing body, sponsor, board and employees; employment of governing body member.

(A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.
(B) A sponsor is not liable for any of the debts of the charter school.
(C) A local school district, sponsor, members of the board or area commission of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose.
(D) A member of a school governing body may not receive pay as an employee in the same school.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006; 2012 Act No. 164, Section 12, eff May 14, 2012.
Effect of Amendment
The 2006 amendment added subsection (D) relating to employment of a member of the governing body.
The 2012 amendment inserted "local school district," and "or area commission" in subsection (C).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-200. Effect of establishment of South Carolina Public Charter School District on pending and future applications.

An application already on file with the charter school advisory committee before the effective date of Section 59-40-220 is subject to the time line in effect at the time the application was filed. An application filed after the effective date of Section 59-40-220 is subject to the new time lines established pursuant to this chapter.
HISTORY: 2002 Act No. 341, Section 1; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006.
Effect of Amendment
The 2006 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-210. Conversion of private school to charter school.

A school established as a private school, on the effective date of this section, which desires to convert to a charter school shall dissolve and must not be allowed to open as a charter school for a period of twelve months; provided, however, that if the enrollment of the converted private school for the most recently completed school term before the date of the proposed conversion to a charter school reflects the racial composition of the local school district in which the converted private school is located, the provisions of this section prohibiting the private school from opening as a charter school for a period of twelve months do not apply. However, the provisions of Section 59-40-70(D) continue to apply to a private school which was not required to close for a period of twelve months after its conversion to a charter school.
HISTORY: 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006; 2013 Act No. 59, Section 1, eff June 12, 2013.
Effect of Amendment
The 2006 amendment added the above text and redesignated the severability provision as Section 59-40-240.
The 2013 amendment added the text following "must not be allowed to open as a charter school for a period of twelve months;".
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-220. South Carolina Public Charter School District.

(A) The South Carolina Public Charter School District is created as a public body. The South Carolina Public Charter School District must be considered a local education agency and is eligible to receive state and federal funds and grants available for public charter schools and other schools to the same degree as other local education agencies. The South Carolina Public Charter School District may not have a local tax base and may not receive local property taxes. This prohibition does not extend to local funds received by the district on behalf of sponsored charter schools pursuant to Section 59-40-140(B).
(B) The geographical boundaries of the South Carolina Public Charter School District are the same as the boundaries of the State of South Carolina.
(C) The office of the South Carolina Public Charter School District Board of Trustees must be housed in the State Department of Education.
HISTORY: 2006 Act No. 274, Section 1, eff May 3, 2006; 2012 Act No. 164, Section 15, eff May 14, 2012.
Effect of Amendment
The 2012 amendment inserted "This prohibition does not extend to local funds received by the district on behalf of sponsored charter schools pursuant to Section 59-40-140(B)." in subsection (A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-240. Severability.

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
HISTORY: 2006 Act No. 274, Section 1, eff May 3, 2006.
Effect of Amendment
The 2006 amendment redesignated this section from Section 59-40-210.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 41 - Grants To Students Attending Private Schools › Section 59-41-10. Definitions.

The following words and phrases as used in this chapter shall, unless a different meaning is plainly required by the context, have the following meanings:
(a) "School child" shall mean any person between the ages of six and twenty whose domicile is with his or her parent within the State and who is otherwise qualified to attend the public schools of any school district in which he or she resides.
(b) "Parent" shall mean the natural or adoptive parent or the guardian having legal custody of a child eligible and entitled to receive a scholarship grant under this chapter who is actually paying or who will pay the tuition cost of attendance of such child at a school which qualifies such child to receive a grant under the terms of this chapter.
(c) "Private school" shall mean a private or independent elementary or high school which is not operated or controlled by any church, synagogue, sect or other religious organization or institution.
HISTORY: 1962 Code Section 21-297; 1963 (53) 498.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 41 - Grants To Students Attending Private Schools › Section 59-41-20. Children eligible for grants; amount.

Subject to the terms and provisions of this chapter every school child in the State who has not yet finished or graduated from high school and who desires to attend a private school located within the State shall be eligible for and entitled to receive a State scholarship grant in an amount equal to the per pupil cost to the State of public education as certified by the Governor.
HISTORY: 1962 Code Section 21-297.1; 1963 (53) 498.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 41 - Grants To Students Attending Private Schools › Section 59-41-30. Grants payable from appropriations.

The State scholarship grants provided for in Section 59-41-20 shall be payable from funds appropriated by the General Assembly for the payment thereof.
HISTORY: 1962 Code Section 21-297.2; 1963 (53) 498.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 41 - Grants To Students Attending Private Schools › Section 59-41-40. School districts shall provide supplements to grants; levy of taxes.

It shall be a prerequisite to the grant above permitted that the local school district in which the school child resides make available a grant of local funds to such school child and to that end the trustees of each school district within the State are hereby authorized to appropriate funds in addition to the State scholarship grants provided for in Section 59-41-20 in such amount that is equal to the per pupil cost to the school district exclusive of all State funds received for such purposes. The trustees of each school district are authorized to levy taxes where the school district has the power to tax, to raise funds for the payment of such local supplements to the State scholarship grants. The State Board of Education shall render such assistance to the trustees as may be necessary to determine annual per pupil expenditures of the school district for the purpose of fixing the amount of any supplement to be paid under this section.
HISTORY: 1962 Code Section 21-297.3; 1963 (53) 498.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 41 - Grants To Students Attending Private Schools › Section 59-41-50. Grant and supplement shall not exceed private school tuition.

The total of the annual scholarship grant provided for each child by this chapter shall not exceed the actual cost of tuition at the private school attended by the child.
HISTORY: 1962 Code Section 21-297.4; 1963 (53) 498.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 41 - Grants To Students Attending Private Schools › Section 59-41-60. Rules and regulations.

The State Board of Education is hereby authorized and directed to promulgate such rules and regulations, consistent with the terms of this chapter, for the receiving and processing of applications for scholarship grants, the payment of grants and the administration of this chapter generally as it may find necessary or desirable. Such rules may, among other things, provide for the payment of scholarship grants by the school districts of the State to the parent of any child entitled to receive a scholarship grant in installments or otherwise, and for the proration of scholarships for children attending school less than a full school year; they shall include a minimum academic standard that shall be met by any school in order to entitle children attending such school to receive a scholarship grant; provided, however, that no rule promulgated under the authority of this chapter shall restrict, or in any way affect, the requirements of such school concerning the eligibility of pupils who may be admitted thereto or specify minimum physical plant facilities of any such school.
HISTORY: 1962 Code Section 21-297.5; 1963 (53) 498.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 41 - Grants To Students Attending Private Schools › Section 59-41-70. Obtaining or expending scholarship funds other than for tuition unlawful.

It shall be unlawful for any person to obtain, attempt to obtain, expend or attempt to expend, any scholarship funds provided by this chapter for any purpose other than in payment of, or reimbursement for, the tuition cost of the child to whom such scholarship has been awarded at the institution he or she is authorized to attend under his or her scholarship grant.
HISTORY: 1962 Code Section 21-297.6; 1963 (53) 498.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 41 - Grants To Students Attending Private Schools › Section 59-41-80. Penalties.

Any person convicted of violating the provisions of this chapter shall be punished by imprisonment for a term not to exceed three years or by a fine not to exceed two thousand dollars, or by both, in the discretion of the court.
HISTORY: 1962 Code Section 21-297.7; 1963 (53) 498.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 41 - Grants To Students Attending Private Schools › Section 59-41-90. Effect of invalidity.

If any portion of this chapter, or the application thereof to any person or circumstance is, for any reason, declared unconstitutional, such declaration shall not affect the validity of the remaining portions of this chapter or its application to other persons and circumstances.
HISTORY: 1962 Code Section 21-297.8; 1963 (53) 498.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 43 - Adult Education Generally › Section 59-43-10. Powers of district board of trustees.

Any district board of trustees may raise and allocate funds for adult education, utilize buildings, equipment and other school facilities of the district for such purpose, and hire teachers, establish and maintain classes for adults in such subjects as the State Board of Education may determine. Adult education classes shall be subject to the rules and regulations of the State Board of Education.
HISTORY: 1962 Code Section 21-681; 1974 (58) 1932.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 43 - Adult Education Generally › Section 59-43-20. Powers and duties of State Board of Education.

(A) The State Board of Education may:
(1) make and enforce regulations for the organization, conduct, and supervision of adult basic and adult secondary (GED, alternate testing, and high school diploma) education;
(2) determine the qualifications of teachers and issue teaching certificates for teaching adult basic and adult secondary (GED, alternate testing, and high school diploma) education classes;
(3) determine the tuition which may be required of persons attending adult basic and adult secondary (GED, alternate testing, and high school diploma) education classes;
(4) determine the subjects which may be taught in adult basic and adult secondary (GED, alternate testing, and high school diploma) education classes.
(B) The State Board of Education is also responsible for the administration, coordination, and management of adult basic and adult secondary (GED, alternate testing, and high school diploma) education for the purpose of facilitating and coordinating adult basic and adult secondary (GED, alternate testing, and high school diploma) education programs for South Carolina adults whose level of educational attainment is below high school, as prescribed by state and federal laws and regulations. The State Board of Education and the local school districts are responsible for effective coordination and utilization of literacy councils, the technical education system, the educational television network, nonprofit groups, business and industry representatives, and other state and local agencies and private persons interested in adult basic and adult secondary (GED, alternate testing, and high school diploma) education programs to deliver programs to the state's undereducated adult population.
(C) Any funds distributed by the State Board of Education for local literacy councils or programs must be made available to those councils or programs either in-kind or in money.
(D) The requirements of this section apply to alternate high school equivalency testing required in Section 59-43-25.
HISTORY: 1962 Code Section 21-682; 1974 (58) 1932; 1986 Act No. 394, Section 3; 2014 Act No. 272 (H.4840), Section 3, eff June 9, 2014.
Effect of Amendment
2014 Act No. 272, Section 3, inserted "alternative testing" throughout the section, and added subsection (D), relating to Section 59-43-25.