reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-530. Credit on tuition for taxes paid.

Whenever under the provisions of law any school district or municipal corporation is authorized to levy a special tax for the support of public schools therein, any person not a resident of such school district or municipal corporation shall be entitled to a credit upon fees for the tuition of his children by the amount of such special tax paid by such person.
HISTORY: 1962 Code Section 21-853; 1952 Code Section 21-853; 1942 Code Section 5391; 1932 Code Section 5419; Civ. C. '22 Section 2682; Civ. C. '12 Section 1792; Civ. C. '02 Section 1238; 1896 (22) 150; 1897 (22) 514; 1955 (49) 86.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-540. Determination of pupil enrollment in primary or secondary schools for purpose of distributing state funds on per pupil basis.

Notwithstanding any other provision of law, in the distribution of state funds provided on a per pupil basis in the State Annual General Appropriation Act, no pupil shall be counted as enrolled, or as having been enrolled, in any primary or secondary school who has not attended such school at least thirty-five days during the school year on which the allocation of such funds is based. A pupil shall be counted as enrolled only in the first school district, or operating unit, such pupil legally attended.
HISTORY: 1982 Act No. 435, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-550. School attendance; boundary clarification.

(A) Upon the effective date of the amendments to Section 1-1-10 which are effective January 1, 2017, enacting the clarified North Carolina-South Carolina boundary, persons residing on property which is determined to be located in North Carolina as a result of the boundary clarification, may enroll their children residing with them in the South Carolina district in which that property was previously believed to be located or in the statewide public charter school district, without charge, as long as the family maintains residence on that same property. For the purpose of this section regarding the boundary clarification, the word "children" includes those children who are residing with their legal guardians whose property is determined to be located in North Carolina as a result of the boundary clarification.
(B) This section only applies to those persons residing on the property as of January 1, 2017, and their children who reside with them. Once those persons move from the property or no longer have children at home who are attending or will attend schools in the South Carolina K-12 public education system, then this provision no longer applies to that property. A district may draw down South Carolina state and federal funding for students enrolled under this section.
(C) This section does not require a former South Carolina resident to continue enrollment of their children in school in South Carolina.
HISTORY: 2016 Act No. 270 (S.667), Section 21, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-710. School lunch division in State Department of Education.

To continue and expand the lunch program in the public schools of the State, in cooperation with the Food Distribution Administration of the United States Government, or any similar agency, there shall be a school lunch division in the State Department of Education, to be directed by a State supervisor, appointed by the State Board of Education. Such division shall also employ a steno-clerk and a food consultant to plan meals and otherwise assist in the program and shall purchase all necessary and incidental office supplies. The salaries of the personnel herein provided for shall be fixed by the State Department of Education.
HISTORY: 1962 Code Section 21-861; 1952 Code Section 21-861; 1943 (43) 286.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-720. County school lunch supervisors.

School lunch supervisors shall be employed on a county basis, with one supervisor for each county of the State. In the larger counties of the State, where the number of school children and the area involved warrant, the State Department of Education may divide such counties into two districts and provide a supervisor for each district. In such cases the counties shall pay one half of the cost of the salaries and expenses of such additional supervisors.
HISTORY: 1962 Code Section 21-862; 1952 Code Section 21-862; 1943 (43) 286.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-730. Employment and discharge of county school lunch supervisors.

County boards of education may employ or discharge county school lunch supervisors at any time and the person or persons employed by the county boards as such shall be paid for such services from any funds provided therefor.
HISTORY: 1962 Code Section 21-863; 1952 Code Section 21-863; 1951 (47) 710.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-740. Duties of county school lunch supervisors.

School lunch supervisors shall be responsible for the supervision and promotion of school lunches in their respective counties and shall cooperate with government agencies furnishing food and produce and funds for the purchase of foods and shall see that these funds or foods are properly distributed among the schools and where they can be most effectively used. They shall cooperate with and carry out the general program as directed by the State Department of Education, to the end that hot lunches shall be furnished in all the public schools in the State in so far as possible.
HISTORY: 1962 Code Section 21-864; 1952 Code Section 21-864; 1943 (43) 286.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-750. Compensation of school lunch supervisors; office space and equipment.

Each supervisor shall be paid a salary and three hundred dollars per year for all expenses. The counties shall also furnish necessary office space and equipment for properly administering the program.
HISTORY: 1962 Code Section 21-865; 1952 Code Section 21-865; 1943 (43) 286; 1951 (47) 506.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-760. State's school lunch policy.

It is declared to be the policy of the State to receive and distribute such funds or food supplies as are available for the school lunch program or otherwise and to supervise and generally direct the program in the local schools.
HISTORY: 1962 Code Section 21-866; 1952 Code Section 21-866; 1943 (43) 286.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-765. School breakfast program.

If a school has at least a forty percent enrollment receiving free or reduced priced lunches, the school district may implement in that school a nutritional, well-balanced school breakfast program if federal funds are available to cover the entire cost of the program and if no additional personnel are required to implement the program.
HISTORY: 1989 Act No. 189, Part II, Section 57.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-770. Funds provided by State Fiscal Accountability Authority in event Federal Government resumes distribution of commodities to schools.

Should the Federal Government at any time resume the distribution of commodities to schools, the State Fiscal Accountability Authority shall provide from the general funds of the State such an amount as may be necessary for the State to take advantage of such distribution.
HISTORY: 1962 Code Section 21-867; 1952 Code Section 21-867; 1943 (43) 286.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-780. Inability to pay for school lunches; availability of federal funds.

For purposes of the school lunch program, the school Superintendent and the lunchroom supervisor of the school which a pupil attends shall determine when a pupil is unable to pay for lunch. A pupil's inability to pay shall be determined according to income guidelines established by the appropriate authority. A determination as to the continuation of the school lunch program shall be based on the availability of federal funds.
HISTORY: 1982 Act No. 444, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-785. School meal debt collections; exceptions.

(A) A public school or public school district, including a charter school or charter school governing body, may not:
(1) use a debt collection agency to collect or attempt to collect, directly or indirectly, debts due or assessed to be owed for outstanding debts on a school lunch or breakfast account of a student; or
(2) assess or collect any interest, fees, or other such monetary penalties for outstanding debts on student school lunch or breakfast accounts.
(B) For purposes of this section, "debt collection agency" means any person or entity that collects or attempts to collect, directly or indirectly, debts due or asserted to be owed or due another. "Debt collection agency" does not include the South Carolina Department of Revenue or the programs they administer or a public school, public school district, charter school, or charter school governing body.
HISTORY: 2022 Act No. 182 (H.3006), Section 1, eff May 16, 2022.
Editor's Note
2022 Act No. 182, Section 2, provides as follows:
"SECTION 2. The provisions of this act apply to debts on student lunch and breakfast accounts outstanding on the effective date of this act and incurred after the effective date of this act."
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-790. School districts to implement breakfast program in each school.

Notwithstanding the provisions of Section 59-63-765 of the 1976 Code, by school year 1993-94 each school district shall implement in each school in the district a nutritional, well-balanced school breakfast program.
HISTORY: 1992 Act No. 292, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-800. Waiver of school breakfast requirement.

The State Board of Education may grant a waiver of the requirements of Section 59-63-790 to a school which lacks facilities or equipment to offer a school breakfast program and in which the acquisition of such equipment or facilities would cause an extreme hardship. Waivers may also be granted if participation in the program is too small to allow the program to be cost-effective or may create substantial scheduling difficulties. The waiver may be permanent or may be of a specified length of time as determined by the board. The State Board of Education shall promulgate those regulations necessary to implement the provisions of this act.
HISTORY: 1992 Act No. 292, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-910. Safety and security drills; guidelines.

(A) All public schools, including charter schools whose instruction is not primarily delivered online, shall conduct fire, active shooter/intruder, and severe weather/earthquake drills. Within each school year, schools must conduct at least two fire drills, two active shooter/intruder drills, and two severe weather/earthquake drills, with at least one of each drill conducted each semester.
(B) Before August 1, 2018, the State Department of Education and the South Carolina Law Enforcement Division shall develop guidelines for the conduct of active shooter/intruder training required in this section, and developmentally appropriate training materials. The department and the State Law Enforcement Division must consult with school-employed mental health professionals and the State Fire Marshal in creating and updating the guidelines. These guidelines must be included in annual teacher collegial development required by Section 59-1-425(A).
HISTORY: 1962 Code Section 21-871; 1952 Code Section 21-871; 1942 Code Section 5465; 1932 Code Section 5471; 1927 (35) 168; 2018 Act No. 256 (S.709), Section 2, eff July 2, 2018.
Effect of Amendment
2018 Act No. 256, Section 2, rewrote the section, providing that public schools shall conduct a certain number of fire drills, active shooter/intruder drills, and severe weather/earthquake drills during each semester, and providing that the State Department of Education and State Law Enforcement Division shall develop certain related guidelines and training materials.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-920. School compliance and documentation.

The principal or charter school leader of each school shall comply with the requirements of Section 59-63-910 and document their compliance.
HISTORY: 1962 Code Section 21-872; 1952 Code Section 21-872; 1942 Code Section 5465; 1932 Code Section 5471; 1927 (35) 168; 2018 Act No. 256 (S.709), Section 3, eff July 2, 2018.
Effect of Amendment
2018 Act No. 256, Section 3, rewrote the section, requiring documentation of compliance and removing monetary penalties.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1120. Searches by school administrators or officials with or without probable cause.

Notwithstanding any other provision of law, school administrators and officials may conduct reasonable searches on school property of lockers, desks, vehicles, and personal belongings such as purses, bookbags, wallets, and satchels with or without probable cause.
HISTORY: 1994 Act No. 373, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1150. Compliance with case law; training of school administrators.

Notwithstanding any other provision of this article, all searches conducted pursuant to this article must comply fully with the "reasonableness standard" set forth in New Jersey v. T.L.O., 469 U.S. 328 (1985). All school administrators must receive training in the "reasonableness standard" under existing case law and in district procedures established to be followed in conducting searches of persons entering the school premises and of the students attending the school.
HISTORY: 1994 Act No. 373, Section 5.
Editor's Note
The full cite for the case identified in this section is: New Jersey v T.L.O. (1985) 462 US 325, 83 L Ed2d 720, 105 S Ct 733.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1160. Posting of notice; costs of notice to be paid by State; effect of failure to post notice.

Notice must be conspicuously posted on school property informing the provisions of this article.
The notice must be posted at least at all regular entrances and any other access point to the school grounds.
The costs of posting the notice required by this section must be paid by the State. No school or school district shall be required to incur any financial obligation for complying with the notice requirements contained in this section. The failure to post the notice provided in this section shall not constitute a defense to any civil action or criminal prosecution and shall not constitute grounds for any legal liability.
HISTORY: 1994 Act No. 373, Section 6.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1300. Legislative intent.

The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is, therefore, the intent of this article to encourage district school boards throughout the State to establish alternative school programs. These programs shall be designed to provide appropriate services to students who for behavioral or academic reasons are not benefiting from the regular school program or may be interfering with the learning of others. It is further the intent of this article that cooperative agreements may be developed among school districts in order to implement innovative exemplary programs.
HISTORY: 1999 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1310. Individual or cooperative programs; funding; sites.

School districts which choose to establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs shall be eligible for funding provided by the General Assembly for this purpose. The program must be operated at a site separate from other schools unless operated at a time when those schools are not in session or in another building on campus which would provide complete separation from other students. However, an existing alternative school program located in a defined area within a building which provides complete separation from other students and which otherwise meets the criteria established herein may continue at this site if the location is approved by the Department of Education. Provided, that a school district or consortium may apply for a waiver to the site requirement for a new program if it demonstrates to the satisfaction of the State Department of Education that no separate site is available and the cost of temporary classroom space cannot be justified, then the alternative school program may be established in a defined area within a building which provides complete separation from other students if the location is approved by the Department of Education. This waiver may be granted for a period of two years. In order for the district or consortium to reapply for a waiver, they must outline efforts made to acquire a separate facility.
HISTORY: 1999 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1320. Referral or placement of students in alternative school programs.

Eligible alternative school programs shall be provided for, but not limited to, students in grades 6-12 as follows:
(1) Students referred for voluntary attendance at the alternative school program and meeting the district criteria to attend based upon a documented need for the attention and assistance beyond that of a traditional program as established by the academic history of the student, including the student's academic plan as required in Section 59-18-500, and following other policies and procedures for documenting need established by the district board of trustees.
(2) Students referred for voluntary attendance at the alternative school program and meeting the district criteria to attend based upon a documented need for the program due to habitual exhibitions of disruptive behavior in violation of the student conduct policies and behavior codes approved by the school board of trustees.
Districts must establish clear guidelines and procedures for the referral of any student into an alternative school program and before a decision is made to assign a student to an alternative school program, a determination must be made that the written and distributed academic and disciplinary policies of the district have been followed.
(3) Students placed in an alternative school program by the district board of trustees as an option to suspension or expulsion or by the dispositive order of a family court judge, with the consent of the local board of trustees. However, before a student may be placed in an alternative school program, a determination must be made by the local board that the written and distributed disciplinary policy of the district has been followed. Districts must establish clear guidelines and procedures for the placement of any student into an alternative school program and at a minimum they shall prescribe due process procedures for placement actions.
When students are being considered for placement in an alternative school program, districts must consider the requirements of the Federal Individuals with Disabilities Education Act (IDEA).
If a student placed by the board of trustees in an alternative school program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, information concerning the student's placement in an alternative school program. Upon review of the information, the district in which the student enrolls may continue an alternative education program placement or may allow the student to attend regular classes without completing the period of the placement.
HISTORY: 1999 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1330. Discretion of school board.

Nothing in this article shall abrogate the authority of any public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct including, but not limited to, expulsion, and nothing in this chapter shall require that any student be assigned to such an alternative school. These decisions shall rest solely in the discretion of the district and school board, regardless of the offense, record of the child, or other information presented from any source.
HISTORY: 1999 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1340. Permissible divergence from traditional programs and schools.

Within the requirements of Section 59-1-440, alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting and state requirements may be waived in these areas if such waiver assists the alternative school in meeting its purpose.
HISTORY: 1999 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1350. Eligibility for funding.

To be eligible for funding, a district or consortium must submit a plan for the program which includes:
(a) mission statement;
(b) the policy for the basis of enrollment in the school;
(c) location of the alternative school program; and
(d) description of how the school will focus on the educational and behavioral needs of the students. This description must include strategies for individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic achievement standards in the core academic areas, provisions for a low pupil-teacher ratio, utilization of available technology, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and student time lines for meeting the academic and conduct standards set. The alternative program may be provided in conjunction with the adult education program, where appropriate. Goals, interim goals, and data collection for program evaluation must be a part of the program plan.
The instructional program should enable students to make the transition to a regular school program, earn a high school diploma or GED, or seek postsecondary education. Steps should be taken to ensure that credit earned by students participating in the alternative school program can be transferred to other public schools in the State; provided, nothing herein shall prohibit school districts and/or the South Carolina Department of Education from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able successfully to complete the requirements for a diploma.
HISTORY: 1999 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1370. Teachers at alternative school programs; staff development.

Each school district or consortium shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population served by the school. Each school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.
HISTORY: 1999 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1380. Funding for alternative school programs.

A school district shall allocate to an alternative school program the same per student expenditure to include federal, state, and local funds that would be allocated to the student's school if the student were attending the student's regularly assigned school. This shall include any appropriate special education funding.
Districts or consortia meeting the eligibility requirements for alternative school funding shall receive an annual base funding minimum of $30,000 or up to $200,000 depending on the student population of the district; however, districts forming consortia will have as their base funding an amount equal to the total of the individual district's base funding, not to exceed $350,000. The State Department of Education, for the purposes of establishing base funding, shall group districts according to their average daily membership and assign the amount of base funding that districts in a grouping would receive for eligible programs. Unobligated funds from state appropriations for base funding which become available during a fiscal year may be redistributed on a per pupil basis to eligible programs in countywide districts receiving base funding of less than $100,000; however, this redistributed funding shall not become part of the base funding for the following year. Increases in fiscal year 2000-2001 funding over the fiscal year 1999-2000 recurring and nonrecurring funding shall be used to increase countywide districts' base funding by fifty percent and this new amount shall constitute their base funding.
It is the intent of the General Assembly that, after meeting the funding requirements for base funding, eligible programs, beginning with school year 2000-2001, shall also receive per pupil funding based on the average daily membership of the students served by the program at an Education Finance Act weighting of 1.49 and beginning with school year 2001-2002 a weighting of 1.74. Per pupil funds for the alternative school program shall be distributed through the Education Finance Act formula provided for in Section 59-20-40. Beginning with school year 2002-2003, every district or district consortium shall provide alternative school opportunities for their students in grades 6-12, provided that state funding for alternative school programs is not reduced below the appropriation received in fiscal year 2001-2002.
These funds shall be used for the establishment, maintenance, and operation of alternative schools programs. Funds also may be used to provide for staff development needs pursuant to Section 59-63-1370.
Districts or consortia developing plans for the establishment of an alternative school shall be eligible for a planning grant of no more than $5,000 if criteria established by the State Board of Education are met.
HISTORY: 1999 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1390. Regulations; annual review.

The State Board of Education shall promulgate regulations for establishment, maintenance, and operation of alternative school programs to include clear procedures for annual review of the implementation and progress of the alternative school program and a three-year cycle evaluation shall examine the success of this initiative. If an annual review or the evaluation finds a program is not making progress to carry out the alternative school plan or meeting the locally established measures of success, the Department of Education shall provide technical assistance and future funding may be terminated.
HISTORY: 1999 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 63 - Pupils Generally › Section 59-63-1400. Review; technical assistance.

The State Department of Education shall review alternative school plans for eligibility for funding and provide technical assistance for planning, establishing, and implementing an alternative school based on best practice. The department shall assist any district or consortia whose plan does not meet the eligibility criteria; however, no funding will be approved until the plan ensures implementation of appropriate services for students served by the alternative school.
HISTORY: 1999 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-10. Responsibility of parent or guardian; transportation for kindergarten pupils.

(A) A parent or guardian shall require his child to attend regularly a public or private school or kindergarten of this State which has been approved by the State Board of Education, a member school of the South Carolina Independent Schools' Association, a member school of the South Carolina Association of Christian Schools, or some similar organization, or a parochial, denominational, or church-related school, or other programs which have been approved by the State Board of Education from the school year in which the child is five years of age before September first until the child attains his seventeenth birthday or graduates from high school. A parent or guardian whose child is not six years of age on or before the first day of September of a particular school year may elect for their child or ward not to attend kindergarten. For this purpose, the parent or guardian shall sign a written document making the election with the governing body of the school district in which the parent or guardian resides. The form of this written document must be prescribed by regulation of the Department of Education. Upon the written election being executed, that child is not required to attend kindergarten.
(B) Each school district shall provide transportation to and from public school for all pupils enrolled in public kindergarten classes who request the transportation. Regulations of the State Board of Education governing the operation of school buses shall apply.
HISTORY: 1962 Code Section 21-757; 1967 (55) 181; 1979 Act No. 199, Part II Section 25; 1984 Act No. 512, Part II, Section 9, Division II, Subdivision A, SubPart 3, Section 2(C), (D); 1987 Act No. 29 Section 1; 1993 Act No. 164, Part II, Section 29C; 2012 Act No. 163, Section 1, eff May 14, 2012.
Effect of Amendment
The 2012 amendment rewrote subsection (A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-20. Penalty for failure to enroll or cause child to attend school.

Any parent or guardian who neglects to enroll his child or ward or refuses to make such child or ward attend school shall, upon conviction, be fined not more than fifty dollars or be imprisoned not more than thirty days; each day's absence shall constitute a separate offense; provided, the court may in its discretion suspend the sentence of anyone convicted of the provisions of this article.
HISTORY: 1962 Code Section 21-757.1; 1967 (55) 181.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-30. Exceptions.

The provisions of this article do not apply to:
(a) A child who has graduated from high school or has received the equivalent of a high school education from a school approved by the State Board of Education, member school of South Carolina Independent Schools' Association, a private school in existence at the time of the passage of this article, or a member school of the South Carolina Association of Christian Schools;
(b) A child who obtains a certificate from a psychologist certified by the State Department of Education or from a licensed physician stating that he is unable to attend school because of a physical or mental disability, provided there are no suitable special classes available for such child in the school district where he resides;
(c) A child who has completed the eighth grade and who is determined by the court to be legally and gainfully employed whose employment is further determined by such court to be necessary for the maintenance of his home;
(d) [Reserved]
(e) A student who has a child and who is granted a temporary waiver from attendance by the district's attendance supervisor or his designee. The district attendance supervisor may grant a temporary waiver only if he determines that suitable day care is unavailable. The student must consult with the district supervisor or his designee in a timely manner to consider all available day care options or the district shall consider the student to be in violation of this chapter.
(f) A child who has reached the age of sixteen years and whose further attendance in school, vocational school, or available special classes is determined by a court of competent jurisdiction to be disruptive to the educational program of the school, unproductive of further learning, or not in the best interest of the child, and who is authorized by the court to enter into suitable gainful employment under the supervision of the court until age seventeen is attained. However, prior to being exempted from the provisions of this article, the court may first require that the child concerned be examined physically and tested mentally to assist the court to determine whether or not gainful employment would be more suitable for the child than continued attendance in school. The examination and testing must be conducted by the Department of Youth Services or by any local agency which the court determines to be appropriate. The court shall revoke the exemption provided in this item upon a finding that the child fails to continue in his employment until reaching the age of seventeen years.
HISTORY: 1962 Code Section 21-757.2; 1967 (55) 181; 1974 (58) 1956; 1993 Act No. 165, Section 1; 2012 Act No. 163, Section 2, eff May 14, 2012.
Effect of Amendment
The 2012 amendment inserted ", or a member school of the South Carolina Association of Christian Schools", and made other, nonsubstantive, changes in subsection (a).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-45. Alternative home schooling requirements.

In lieu of the requirements of Section 59-65-40, parents or guardians may teach their children at home if the instruction is conducted under the auspices of the South Carolina Association of Independent Home Schools. Bona fide membership and continuing compliance with the academic standards of South Carolina Association of Independent Home Schools exempts the home school from the further requirements of Section 59-65-40.
The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b) the instructional year is at least one hundred eighty days; and
(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature.
By January thirtieth of each year, the South Carolina Association of Independent Home Schools shall report the number and grade level of children home schooled through the association to the children's respective school districts.
HISTORY: 1992 Act No. 313, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-46. Home schooling of foster child.

A foster parent may teach a foster child at home as provided in Sections 59-65-40, 59-65-45, or any other provision of law, if, in addition to any other requirements, home schooling of the child has been approved by the Department of Social Services or other agency having custody of the child.
HISTORY: 2002 Act No. 276, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-47. Associations for home schools; requirements.

In lieu of the requirements of Section 59-65-40 or Section 59-65-45, parents or guardians may teach their children at home if the instruction is conducted under the auspices of an association for home schools which has no fewer than fifty members and meets the requirements of this section. Bona fide membership and continuing compliance with the academic standards of the associations exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.
The State Department of Education shall conduct annually a review of the association standards to ensure that requirements of the association, at a minimum, include:
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b) the instructional year is at least one hundred eighty days;
(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature; and
(d) educational records shall be maintained by the parent-teacher and include:
(1) a plan book, diary, or other record indicating subjects taught and activities in which the student and parent-teacher engage;
(2) a portfolio of samples of the student's academic work; and
(3) a semiannual progress report including attendance records and individualized documentation of the student's academic progress in each of the basic instructional areas specified in item (c) above.
By January thirtieth of each year, all associations shall report the number and grade level of children home schooled through the association to the children's respective school districts.
HISTORY: 1996 Act No. 429, Section 4.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-50. Nonattendance reported to court having jurisdiction of juveniles.

If the board of trustees of a school district or its designee is unable to obtain the school attendance of a child in the age group specified in Section 59-65-10, the board or its designee shall report such nonattendance in writing to the juvenile court or such other court in the county as may have jurisdiction of juveniles but exclusive of magistrate's courts notwithstanding the provisions of Section 22-3-540; provided, that no one except the board of trustees or its designee shall have the authority to institute the proceedings herein.
HISTORY: 1962 Code Section 21-757.4; 1967 (55) 181.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-60. Procedure upon receipt by court of report of nonattendance.

(a) Upon receipt of such report, the court may forthwith order the appearance before such court of the responsible parent or guardian and if it deems necessary, the minor involved, for such action as the court may deem necessary to carry out the provisions of this article.
(b) The court may, after hearing upon ten days notice, order such parent or guardian to require such child to attend school and upon failure of such parent to comply with such order may punish such parent or guardian as by contempt, provided, that punishment for such contempt cannot exceed fifty dollars or thirty days imprisonment for each offense.
The procedure herein provided shall be alternative to the penalties provided in Section 59-65-20.
HISTORY: 1962 Code Section 21-757.5; 1967 (55) 181.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-70. Court empowered to declare child delinquent.

If the court determines that the reported absence occurred without the knowledge, consent or connivance of the responsible parent or guardian or that a bona fide attempt has been made to control and keep the child in school, the court may declare such child to be a delinquent and subject to the provisions of law in such cases.
HISTORY: 1962 Code Section 21-757.6; 1967 (55) 181.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-80. Enrollment or attendance of expelled or suspended child not authorized.

Nothing herein shall be construed as granting authority to require enrollment or attendance of a child who has been or may be expelled or suspended by the board of trustees of the district or any other person acting with authority from the board of trustees.
HISTORY: 1962 Code Section 21-757.7; 1967 (55) 181.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-90. Rules and regulations.

The State Board of Education shall establish regulations defining lawful and unlawful absences beyond those specifically named in this article and additional regulations as are necessary for the orderly enrollment of pupils so as to provide for uniform dates of entrance. These regulations shall require: (1) that school officials shall immediately intervene to encourage the student's future attendance when the student has three consecutive unlawful absences or a total of five unlawful absences and (2) that the district board of trustees or its designee shall promptly approve or disapprove any student absence in excess of ten days. As used in this section, "intervene" means to identify the reasons for the child's continued absence and to develop a plan in conjunction with the student and his parent or guardian to improve his future attendance.
Provided, However, That nothing within this section shall interfere with the Board's authority to at any time refer a child to a truancy prevention program or to the court pursuant to Section 59-65-50.
HISTORY: 1962 Code Section 21-757.8; 1967 (55) 181; 1984 Act No. 512, Part II, Section 9, Division II, Subdivision A, SubPart 2, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-210. State appropriation for attendance supervisor program.

For each county which has indicated a desire for the service of an attendance supervisor or supervisors there shall be appropriated annually for the ensuing fiscal year a sum sufficient to pay the salaries and expenses of an attendance supervisor or supervisors for each county, one such supervisor for each ten thousand children, or fraction thereof, enrolled in each county as of the closing date of the school year immediately preceding the commencing of each such fiscal year. This sum shall be the State's portion of the attendance supervisor program. Nothing in this article shall limit the number of attendance supervisors that a county or a school district may employ at its own expense.
HISTORY: 1962 Code Section 21-761; 1955 (49) 78; 1961 (52) 617.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-220. Election of attendance supervisors.

In each county desiring the services of an attendance supervisor, such supervisor shall, if his salary and expenses are to be paid by the State, be elected on or before July first of each year, or as soon thereafter as practicable, by the members of the county board of education whose terms of office run concurrently with or extend beyond the period of employment of such supervisor.
HISTORY: 1962 Code Section 21-762; 1955 (49) 78; 1961 (52) 617.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-230. Certification of attendance supervisors by State Board of Education.

Attendance supervisors shall be certified by the State Board of Education. Qualifications for the certification of attendance supervisors shall be determined by the State Board of Education in the same manner as the Board now determines qualifications for all other teachers, provided, that such certification requirements shall not adversely affect attendance supervisors who were employed prior to the passage of this article.
HISTORY: 1962 Code Section 21-763; 1955 (49) 78; 1957 (50) 404; 1961 (52) 617.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-240. Census of children not enrolled in public schools; list submitted to attendance supervisor.

Within thirty days after the opening date of each school year of each public school district in the State in which a public school is being operated, the trustees or other governing board thereof shall make or cause to be made a complete census of all children of school age therein, that is, between the years of seven and sixteen years, inclusive, who have not enrolled in such school district or in some other district during the thirty-day enrollment period. The names, ages, places of residence and names of the parents or guardians of such children of school age not enrolled shall be forthwith filed with the county superintendent of education, who shall thereupon consolidate all of such names of children in alphabetical order into one list and certify the list to the attendance supervisor of the county.
HISTORY: 1962 Code Section 21-764; 1955 (49) 78; 1961 (52) 617.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-250. Cooperation between attendance supervisors and county and district agencies and the like.

The county attendance supervisor whose salary shall be paid from State funds and such other attendance supervisors as may be employed by the county or school districts therein shall cooperate with the social and civic organizations and agencies of the county or district, as well as with the trustees of the several school districts in the county.
HISTORY: 1962 Code Section 21-765; 1955 (49) 78; 1961 (52) 617.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 65 - Attendance Of Pupils › Section 59-65-260. Duties of attendance supervisor relating to nonattending children.

The attendance supervisor shall, upon receiving the list of nonattending children from the county superintendent of education, contact as rapidly as possible the parents or guardians of such nonattending children with the object in mind of interesting nonattending children in school work, and influencing them by means of persuasion to attend school regularly. All principals shall report to such attendance supervisor on continuous absences which appear to be unwarranted, and the attendance supervisor shall make an earnest effort to have enrolled and keep enrolled all children of school age in the county.
HISTORY: 1962 Code Section 21-766; 1955 (49) 78; 1961 (52) 617.