reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-453. Oversight Committee.

For the purposes of the Target 2000-School Reform for the Next Decade Act (1989 Act No. 194), the Education Oversight Committee, as provided for in Section 59-6-10, shall serve as the oversight committee for the provisions of the Target 2000-School Reform for the Next Decade Act (1989 Act No. 194). The Education Oversight Committee shall oversee the planning, development, and implementation of the provisions as contained in Target 2000 and shall monitor the expenditures of the funds appropriated. Each state agency and entity responsible for implementing Target 2000 funded programs must submit annually to the Education Oversight Committee programs and expenditure reports and budget requests in a manner prescribed by the Education Oversight Committee.
HISTORY: 1989 Act No. 194, Section 35; 1998 Act No. 400, Section 15.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-454. Parental involvement program; parent/teacher conferences.

(A) The State Department of Education shall develop a parental involvement program for use in elementary and secondary schools with grades four through eight. The purpose of the program is to improve parental participation in their child's school progress, ensure a smooth transition between the various levels of schooling and phases of education, increase communication between the school, parent, and child, provide greater accountability between the parent, school, and child, and lessen the possibility on all levels that parents are only provided opportunity to react to problems involving their child after such problems occur.
(B) The parental involvement program should include such activities as regular visitation by parents to their child's school, involving parents, teachers, and administrators in school training sessions on such issues as communication between the school, parent, and child, student discipline, importance of homework, the taking and understanding of standardized testing and test scores, and general literacy.
(C) Teachers shall maintain a record signed by the parent and teacher of parent conferences annually that identify the date, time, and response of parent/teacher conferences.
HISTORY: 1993 Act No. 135, Section 4.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-455. Time for pledge of allegiance required.

Beginning with the 1991-92 school year, all public school students, commencing with grades kindergarten through and including high school, shall during the course of each school day's activities at a specific time which must be designated by the local school say the Pledge of Allegiance as follows:
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
Any person not wishing to say the "Pledge of Allegiance" or otherwise participate in saying the "Pledge of Allegiance" is exempt from participation and may not be penalized for failing to participate.
A person who does not wish to participate may leave the classroom, may remain in his seat, or may express his nonparticipation in any form which does not materially infringe upon the rights of other persons or disrupt school activities.
HISTORY: 1991 Act No. 55, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-460. Excused school attendance for religious instruction.

(A) The school district board of trustees may adopt a policy that authorizes a student to be excused from school to attend a class in religious instruction conducted by a private entity if:
(1) the student's parent or guardian gives written consent;
(2) the sponsoring entity maintains attendance records and makes them available to the public school the student attends;
(3) transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, or guardian;
(4) the sponsoring entity makes provisions for and assumes liability for the student who is excused; and
(5) no public funds are expended and no public school personnel are involved in providing the religious instruction.
(B) It is the responsibility of a participating student to make up any missed schoolwork. However, no student may be released from a core academic subject class to attend a religious instruction class. While in attendance in a religious instruction class pursuant to this section, a student is not considered to be absent from school.
HISTORY: 2002 Act No. 241, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-470. Distribution of funds for deferred compensation.

Funds appropriated by the General Assembly for a deferred compensation employer matching contribution must be distributed by the State Department of Education to school districts for the purpose of providing an employer matching contribution for eligible school district employees making contributions to deferred compensation plans offered by the South Carolina Deferred Compensation Commission or, after December 31, 2013, the South Carolina Public Employee Benefit Authority, or other approved and qualified plans of other providers. These funds must be distributed in a manner consistent with the provisions of Section 8-23-110. The employer matching contribution by the school district may not exceed three hundred dollars for each eligible employee a year.
HISTORY: 2001 Act No. 1, Part II, Section 4; 2012 Act No. 278, Pt IV, Subpt 2, Section 61, eff July 1, 2012.
Effect of Amendment
The 2012 amendment inserted "or, after December 31, 2013, the South Carolina Public Employee Benefit Authority," and removed "Individuals eligible for the matching contribution must be classified as required in Section 9-20-20, the Optional Retirement Program for Teachers and School Administrators.".
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-475. Continuing education on domestic violence; adoption as part of curriculum by school districts.

(A) The Department of Education and the South Carolina Coalition Against Domestic Violence and Sexual Assault, with the review and approval of Department of Social Services, shall develop guidelines and materials for continuing education concerning domestic and family violence including, but not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence;
(6) legal issues relating to domestic violence and child custody.
(B) Each school district shall adopt a curriculum for continuing education on domestic and family violence for teachers and appropriate staff based on the guidelines and materials developed by the department pursuant to subsection (A) which must be submitted to the department for approval. No expense shall be incurred by the school districts to administer the implementation of this curriculum.
HISTORY: 2003 Act No. 92, Section 8, eff January 1, 2004.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-480. Lapsed funds; priority of use.

Notwithstanding any other provision of law, lapsed funds, including unexpended appropriated funds or revenue in excess of appropriations in the EIA Fund, in a prior or current fiscal year must first be used to offset an official EIA revenue shortfall declared by the Board of Economic Advisors and then to fund any school district's appropriation deficit for EIA Teacher Salary Supplement, Teacher Salary Supplement Fringe, or National Board Certification Incentive. The remaining lapsed funds must be used in accordance with Section 59-21-420. If an official EIA revenue shortfall is declared, funds appropriated for EIA teacher salaries and related fringe benefits in the EIA portion of the annual general appropriations act are exempt from any reduction required to offset the shortfall.
HISTORY: 2002 Act No. 356, Section 1, Part I.B.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-495. Committee to review Title 59 and related federal laws.

The General Assembly directs the State Superintendent of Education, the Executive Director of the Education Oversight Committee, the Chairman of the House Education and Public Works Committee, and the Chairman of the Senate Education Committee to each appoint one representative to a committee to be chaired by the appointee of the State Superintendent of Education to review Title 59 of the South Carolina Code of Laws and report to the General Assembly all statutes that are obsolete or no longer applicable. In addition, the report must identify all the federal education statutes and regulations with which the State of South Carolina is required to comply. The committee, with the assistance of the Revenue and Fiscal Affairs Office, must include in the report the total cost to the State of South Carolina to comply with the identified federal education statutes and regulations. This report must be submitted by December 31, 2016, and updated at least every five years thereafter.
HISTORY: 2016 Act No. 241 (H.4939), Section 1, eff June 5, 2016.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-510. Guidelines and regulations for recruiting and hiring staff in professional areas.

Effective with the 1984-85 school year, the Department of Education shall establish guidelines and regulations to ensure that school districts recruit and hire staff in professional areas including, but not limited to, the employment of teachers, the employment of administrators, teachers' aides, and other personnel needed to implement the provisions of the South Carolina Education Improvement Act of 1984 on the basis of qualifications and merit. The Department shall further monitor the implementation of the South Carolina Education Improvement Act of 1984 to ensure that minority educators and minority school districts receive equal and fair treatment under each program and each section of the South Carolina Education Improvement Act of 1984.
HISTORY: 1984 Act No. 512, Part II, Section 9, Division IV, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-520. Intervention by State Department of Education for non-compliance with EIA or development of affirmative action plan.

Failure by any school district to develop affirmative action plans or otherwise adhere to the provisions of the South Carolina Education Improvement Act of 1984 is cause for intervention by the State Department of Education to take the corrective steps as may be necessary.
HISTORY: 1984 Act No. 512, Part II, Section 9, Division IV, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 1 - General Provisions › Section 59-1-525. Grant program to enhance teaching of grade specific standards and increase K-5 performance in core academic areas; criteria.

The State Department of Education shall implement a schoolwide grant program to enhance the teaching of the grade specific standards adopted by the State Board of Education and to increase the academic performance of students in grades K-5 in the core academic areas of reading, mathematics, social studies, and science. The grant shall include an evaluation component to measure the success of increasing student performance and the teaching of the standards. Of the reading, mathematics, social studies, and science appropriation for this purpose from lottery proceeds each year, $500,000 must be used for teacher in-service training and professional development related to Project Read.
The awarding of grants shall be based upon their ability to promote the goals of providing every student with the competencies to:
(1) read, view, and listen to complex information in the English language;
(2) write and speak effectively in the English language;
(3) solve problems by applying mathematics;
(4) conduct research and communicate findings;
(5) understand and apply scientific concepts;
(6) obtain a working knowledge of world, United States, and South Carolina history, government, economics, and geography; and
(7) use information to make decisions.
Additionally, grants shall be awarded based upon the likelihood that receiving such grants shall strengthen the above referenced skills and increase the academic performance of students in the core academic areas. In the awarding of grants every effort should be made to ensure that all geographic areas of the State are represented. First priority shall be given to acceptable grants from schools rated as below average or unsatisfactory and grants designed to increase academic performance of historically underachieving students.
Grant applications received by the State Department of Education shall be reviewed by a panel of individuals with knowledge and expertise of the subject area and of programs that have proven to be successful within the State or throughout the nation.
HISTORY: 2002 Act No. 356, Section 3I.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-20. Findings and Purpose.

The General Assembly finds and declares as follows:
(1) Education costs at institutions of higher learning are difficult for many to afford and difficult to predict. As a result, the ability of individuals and families to plan for future educational expenses has been adversely affected.
(2) It is in the best interest of the citizens of this State to foster higher education in order to provide well-educated citizens.
(3) It is in the best interest of the citizens of this State to encourage state residents to enroll in institutions of higher learning.
(4) Providing a mechanism to help assure the higher education of the citizens of this State is necessary and desirable for the public health, safety, and welfare.
(5) The purposes of this chapter are to:
(a) provide wide and affordable access to the public institutions of higher learning for the residents of this State;
(b) encourage attendance at institutions of higher learning and help individuals plan for educational expenses;
(c) provide a program of investment trust agreements to apply distributions toward qualified higher education expenses at eligible educational institutions, as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law;
(d) provide for the creation of a trust fund, as an instrumentality of the State of South Carolina, to assist qualified students in financing costs of attending institutions of higher education;
(e) encourage timely financial planning for higher education by the creation of investment trust accounts;
(f) provide a choice of programs to persons who determine that the overall educational needs of their families are best suited to a prepaid tuition contract under the South Carolina Tuition Prepayment Program, or an investment trust agreement under this chapter, or both;
(g) provide an investment program for those who wish to save to meet postsecondary educational needs beyond the traditional baccalaureate curriculum.
HISTORY: 2001 Act No. 72, Section 3(A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-30. Definitions.

The following terms have the meanings below unless the context clearly indicates otherwise:
(1) "SCCIP Trust Fund" means the special fund designated as the "South Carolina College Investment Trust Fund" and administered by the Office of State Treasurer.
(2) "Account owner" means a person, corporation, trust, charitable organization or other such entity who contributes to or invests money in an investment trust account under SCCIP established pursuant to this chapter on behalf of a beneficiary and who is listed as the owner of the investment trust account.
(3) "Beneficiary" means a beneficiary of an investment trust agreement who meets the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, as well as any regulations established by the Office of State Treasurer.
(4) "Contributor" means any person, corporation, trust, charitable organization, or other such entity who contributes money or makes a payment to an investment trust account established pursuant to this chapter on behalf of a beneficiary.
(5) "Director" means the head of the South Carolina Tuition Prepayment Program SCCIP and who is appointed and supervised by the State Treasurer.
(6) "Institution of higher learning" means any institution of higher learning which is an eligible education institution as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or any other applicable federal law.
(7) "Tuition" means the quarter, semester, or term charges and all required fees imposed by an institution of higher learning as a condition of enrollment by all students.
(8) "Investment trust account" means an account established by an account owner pursuant to this chapter on behalf of a beneficiary in order to apply distributions from the account toward qualified higher education expenses at eligible educational institutions, as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.
(9) "Investment Trust Agreement" means the agreement entered into between the Office of State Treasurer and the account owner establishing an investment trust account.
(10) "State Treasurer" means the South Carolina State Treasurer.
(11) "Qualified higher education expense" means any higher education expense as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.
(12) "Qualified withdrawal" means a withdrawal by an account owner or beneficiary for qualified higher education expenses or as otherwise permitted under Section 529 of the Internal Revenue Code of 1986, as amended, without a penalty required by the section.
HISTORY: 2001 Act No. 72, Section 3(A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-40. State Treasurer responsible for SCCIP and SCTPP programs.

The Office of State Treasurer shall have responsibility over both the SCCIP and the South Carolina Tuition Prepayment Program (SCTPP) established under Chapter 4 of this title.
HISTORY: 2001 Act No. 72, Section 3(A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-60. Investment trust agreements.

(A) The Office of State Treasurer shall make investment trust agreements available to the public, under which account owners or other contributors may make contributions on behalf of beneficiaries. These contributions and investment earnings on these contributions may be used for any qualified higher educational expenses of a designated beneficiary. There is no guarantee by the State that the contributions, together with the investment return on the contributions, if any, will be adequate to pay for qualified education expenses in full.
(B) Each investment trust agreement made pursuant to this chapter must include the following terms and provisions:
(1) the maximum and minimum contributions allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions, both as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, so that in no case shall the maximum allowable contribution be less than the amount allowable for the gift tax exclusion under Section 529 of the Internal Revenue Code of 1986, as amended;
(2) provisions for withdrawals, refunds, transfers, and any penalties;
(3) the name, address, and date of birth of the beneficiary on whose behalf the investment trust account is opened;
(4) terms and conditions for a substitution of the beneficiary originally named;
(5) terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, applicable penalties, and the name of the person entitled to terminate the account;
(6) the time Period during which the beneficiary must use benefits from the investment trust account;
(7) all other rights and obligations of the account owner and the SCCIP trust fund; and
(8) any other terms and conditions which the State Treasurer deems necessary or appropriate, including those necessary to conform the investment trust account with the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law or regulations.
HISTORY: 2001 Act No. 72, Section 3(A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-80. Tax features.

(A) All property and income of the SCCIP trust fund, as an instrumentality of the State, shall be exempt from all taxation by the State and by its political subdivisions.
(B) Any interest, dividends, gains, or income accruing on the payments made pursuant to an investment trust agreement under the terms of this chapter or on any account in the SCCIP Trust Fund shall be excluded from the gross income of any such account owner, contributor, or beneficiary for purposes of South Carolina income taxes, to the extent such amounts remain on deposit in the SCCIP Trust Fund or are withdrawn pursuant to a Qualified Withdrawal. The SCCIP Trust Fund and Tuition Prepayment Program under Chapter 4 of this title shall constitute the only programs established pursuant to Section 529 of the Internal Revenue Code of 1986, as amended.
(C) The earnings portion of any withdrawals from an account that are not qualified withdrawals shall be included in the gross income of the resident recipient of the withdrawal for purposes of South Carolina income taxes in the year of the withdrawal. Withdrawals of the principal amount of contributions that are not qualified withdrawals must be recaptured into South Carolina income subject to tax to the extent the contributions were previously deducted from South Carolina taxable income.
(D) Contributions to each investment trust account created under this chapter by a resident of this State or a nonresident required to file a State of South Carolina income tax return are deductible from South Carolina income subject to tax up to the limit of maximum contributions allowed to such accounts under Section 529 of the Internal Revenue Code of 1986, as amended, including funds transferred to an investment trust account from another qualified plan, as allowable under Section 529 of the Internal Revenue Code of 1986, as amended, and to the extent that the transferred funds were not permitted a state income tax deduction previously under South Carolina law.
For purposes of this subsection, the term "qualified plan" means any plan qualified under Section 529 of the Internal Revenue Code of 1986, as amended.
State income tax deductions as provided for in this section may be taken in any taxable year for contributions and rollovers made during that taxable year, and up to April fifteenth of the succeeding year, or the due date of a taxpayer's state income tax return excluding extensions, whichever is longer.
HISTORY: 2001 Act No. 72, Section 3(A); 2002 Act No. 334, Sections 19B, 19C.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-85. Contributions through payroll deductions.

The Comptroller General and the chief financial officers of state agencies, departments, and institutions maintaining separate payroll accounts, at the request of a state employee, may arrange for contributions through payroll deduction to the program. The State Treasurer is authorized to devise a method whereby private and nonprofit businesses or organizations may arrange for employees to contribute through payroll deduction to the program.
HISTORY: 2002 Act No. 334, Section 19D.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-100. Annual statements to account holders; additional statements upon request; fees; annual reports.

(A) The State Treasurer shall furnish without charge to each account owner an annual statement of:
(1) the amount contributed by the account owner under the investment trust agreement;
(2) the annual earnings and accumulated earnings on the investment trust account; and
(3) any other terms and conditions which the director deems necessary or appropriate, including those necessary to conform the investment trust account with the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law or regulations.
(B) The director shall furnish an additional statement complying with subsection (A) to an account owner or beneficiary on written request. The State Treasurer may charge a reasonable fee for each statement furnished under this subsection.
(C) The Office of State Treasurer shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the funds and a description of the financial condition of the program at the close of each fiscal year. The report must be submitted to the Governor and the General Assembly. In addition, the Office of State Treasurer shall make the report available to account owners of investment trust agreements.
HISTORY: 2001 Act No. 72, Section 3(A); 2005 Act No. 164, Section 31, eff June 10, 2005.
Effect of Amendment
The 2005 amendment, in subsection (C), deleted the fourth sentence relating to annual audits by the State Auditor and made a nonsubstantive change in the second sentence.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-110. Disclaimer as to admission, continued enrollment, or graduation.

This chapter is not a promise or guarantee that the beneficiary will be:
(a) admitted to any institution of higher learning;
(b) allowed to continue enrollment at an institution of higher learning; or
(c) graduated from an institution of higher learning.
HISTORY: 2001 Act No. 72, Section 3(A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-120. No promise or guarantee that higher education expenses will be covered in full by trust account; trust accounts and agreements not guaranteed by full faith and credit of the State of South Carolina.

Nothing in this chapter or in any investment trust agreement entered into pursuant to this chapter shall be construed as a promise or guarantee by the State or any agency thereof that either qualified higher education expenses in general or any specific qualified higher education expense shall be covered in full by contributions or earnings on any investment trust account. Investment trust accounts and agreements entered into pursuant to this chapter are not guaranteed by the full faith and credit of the State of South Carolina.
HISTORY: 2001 Act No. 72, Section 3(A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-130. SCCIP Trust Fund monies not to be considered an asset for purposes of eligibility for grant, scholarship, or work opportunity except as required by funding source.

Notwithstanding any provision of law, no monies on deposit in the SCCIP Trust Fund shall be considered an asset of either the parent, guardian, or student for purposes of determining an individual's eligibility for a need based grant, a need based scholarship, or a need based work opportunity offered or administered by any state agency except as may be required by the funding source of such financial aid.
HISTORY: 2001 Act No. 72, Section 3(A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-140. SCCIP trust fund exempt from legal process, unassignable.

The SCCIP trust fund, contributions to the SCCIP trust fund, and the right of a person to a refund of contributions or any other right accrued or accruing to any person under the provisions of this chapter are exempt from attachment, garnishment, levy, and sale under any means or final process issued by any court or bankruptcy proceeding and are unassignable except as specifically otherwise provided in this chapter.
HISTORY: 2001 Act No. 72, Section 3(A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 2 - South Carolina College Investment Program › Section 59-2-150. State Treasurer, others not responsible for determining specified information.

Neither the State Treasurer nor any transfer agent, administrator, bank, broker, or other financial institution acting on the instructions of or otherwise dealing with any person purporting to act as a contributor, beneficiary, or account owner is responsible for determining the following:
(1) whether the contributor, beneficiary, account owner, or person purporting to act as such has been duly designated;
(2) whether any purchase, sale, transfer, or other action to or by a person purporting to act in the capacity of an account owner is in accordance with or authorized by this chapter; or
(3) the validity or propriety under this chapter of any instrument or instructions executed or given by a person purporting to act as a contributor, beneficiary, or account owner.
HISTORY: 2001 Act No. 72, Section 3(A).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 3 - State Superintendent Of Education › Section 59-3-20. Vacancy in office.

Section repealed upon the approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution. The referendum to amend Section 7, Article VI failed on November 6, 2018. See Editor's Note.
In case a vacancy occurs in the office of State Superintendent of Education, from any cause, such vacancy shall be filled by the Governor, by and with the advice and consent of the Senate, and the person so appointed shall qualify within fifteen days from the date of such appointment or else the office shall be deemed vacant. If the vacancy occur during the recess of the Senate, the Governor shall fill the same by appointment until the Senate can act thereon.
HISTORY: 1962 Code Section 21-22; 1952 Code Section 21-22; 1942 Code Section 5277; 1932 Code Section 5281; Civ. C. '22 Section 2541; Civ. C. '12 Section 1704; Civ. C. '02 Section 1180; 1896 (22) 150.
Editor's Note
2018 Act No. 178, Sections 4 and 6, provide as follows:
"SECTION 4. The person elected State Superintendent of Education in the 2018 General Election shall serve out his term; however, if the person vacates that office before the term expires in January 2023, any successors must: (1) be appointed as provided in Section 1-30-10(B)(1)(iv); and (2) must satisfy the experience requirements of Section 59-3-10(B)."
"SECTION 6. The provisions of Section 59-3-10(B), as contained in SECTION 1, take effect upon approval by the Governor. The remaining provisions of this act take effect upon approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution, 1895, providing for the appointment of the State Superintendent of Education by the Governor, with the advice and consent of the Senate, and are applicable beginning with the 2018 General Election."
The referendum to amend Article VI, Section 7 failed on November 6, 2018.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 3 - State Superintendent Of Education › Section 59-3-30. General duties.

The State Superintendent of Education shall:
(1) Serve as secretary and administrative officer to the State Board of Education.
(2) Have general supervision over and management of all public school funds provided by the State and Federal Governments.
(3) Organize, staff and administer a State Department of Education which shall include such division and departments as are necessary to render the maximum service to public education in the State.
(4) Keep the public informed as to the problems and needs of the public schools by constant contact with all school administrators and teachers, by his personal appearances at public gatherings and by information furnished to the various news media of the State.
(5) Have printed and distributed such bulletins, manuals, and circulars as he may deem necessary for the professional improvement of teachers and for the cultivation of public sentiment for public education, and have printed all forms necessary and proper for the administration of the State Department of Education.
(6) Administer, through the State Department of Education, all policies and procedures adopted by the State Board of Education.
(7) Assume such other responsibilities and perform such other duties as may be prescribed by law or as may be assigned by the State Board of Education.
HISTORY: 1962 Code Section 21-23; 1952 Code Section 21-23; 1942 Code Section 5273; 1932 Code Section 5273; Civ. C. '22 Section 2533; Civ. C. '12 Section 1699; Civ. C. '02 Section 1175; 1896 (22) 150; 1963 (53) 512.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 3 - State Superintendent Of Education › Section 59-3-35. Provision of fingerprint and DNA identification kits.

(A) The Department of Education shall provide to all school districts and open-enrollment charter schools inkless, in-home fingerprint and DNA identification kits to be distributed throughout the district or school on request to the parent or legal custodian of any kindergarten, elementary, middle, or high school student.
(B) A parent or legal custodian who receives a fingerprint and DNA identification kit may submit the kit to federal, state, tribal, or local law enforcement to help locate and return a missing or trafficked child.
(C) Unless expressly appropriated by the General Assembly in order to meet the provisions of this act, the department shall not expend funds to procure kits.
HISTORY: 2022 Act No. 180 (S.1103), Section 1, eff May 16, 2022.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 3 - State Superintendent Of Education › Section 59-3-40. Delivery of property to successor.

The State Superintendent of Education shall deliver to his successor, within ten days after the expiration of his term of office, all books, papers, documents and other property belonging to his office.
HISTORY: 1962 Code Section 21-24; 1952 Code Section 21-24; 1942 Code Section 5276; 1932 Code Section 5280; Civ. C. '22 Section 2540; Civ. C. '12 Section 1703; Civ. C. '02 Section 1179; 1896 (22) 150; 1963 (53) 512.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 3 - State Superintendent Of Education › Section 59-3-80. Cooperation with Federal Government in program for children of working mothers.

The State Department of Education shall have the power to cooperate with the Federal Government, its agencies or instrumentalities, in the administration of an educational program for the care of pre-school children, ages two to six, and children of school age who are without home care during the day before and after school hours due to employment of their mothers. The State Department of Education shall receive and expend all funds made available to the Department by the Federal Government for administration, supervision and coordination of state and local programs to meet such needs.
HISTORY: 1962 Code Section 21-28; 1952 Code Section 21-47; 1943 (43) 226.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 3 - State Superintendent Of Education › Section 59-3-90. In-service training programs for teachers.

The State Department of Education shall provide recommendations and assist districts in conducting in-service training programs for teachers based on the findings and research it derives from the study of effective schools and classrooms and from district plans developed in accordance with Section 59-139-10. All of the school districts of this State must have implemented an on-going, long-range professional development training program in support of effective schools and classrooms and as indicated by district plans no later than the 1994-95 school year.
HISTORY: 1984 Act No. 512, Part II, Section 9, Division II, Subdivision C, SubPart 3, Section 4; 1993 Act No. 135, Section 5.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 4 - South Carolina Tuition Prepayment Program › Section 59-4-10. Short title; purpose.

This chapter may be cited as the "South Carolina Tuition Prepayment Program Act". The South Carolina Tuition Prepayment Program is established to assist the citizens of South Carolina with the expense of college by providing an advanced payment program for tuition at a fixed and guaranteed level for public colleges and universities.
HISTORY: 1997 Act No. 155, Part II, Section 4A.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 4 - South Carolina Tuition Prepayment Program › Section 59-4-20. Definitions.

As used in this chapter:
(1) "College or university" means a state-chartered public educational institution of higher learning located in this State.
(2) "Contributor" means a person who makes or is obligated to make advance payments in accordance with a prepaid tuition contract.
(3) "Director" means the head of the South Carolina Tuition Prepayment Program.
(4) "Designated beneficiary" means the individual who is designated as the beneficiary of amounts paid or to be paid to the South Carolina Tuition Prepayment Program or, in the case of a change in beneficiaries as permitted under this chapter, the individual who is the new beneficiary.
(5) "Fund" means the South Carolina Tuition Prepayment Program Fund.
(6) "Independent institution of higher education" means an independent eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within South Carolina and which is accredited by the Southern Association of Colleges and Secondary Schools.
(7) "Program" means the South Carolina Tuition Prepayment Program.
(8) "The Tuition Prepayment Contract" means the contract entered into by the Director of the South Carolina Tuition Prepayment Program or his designee on behalf of the program and a contributor pursuant to this chapter for the advance payment by the contributor of undergraduate tuition at a fixed, guaranteed level for a designated beneficiary to attend a public educational institution of higher learning in the State or another educational institution of higher learning as may be provided in this chapter to which the designated beneficiary is admitted.
(9) "Treasurer" means the South Carolina State Treasurer.
(10) "Tuition", for purposes of this chapter only, means the registration or matriculation, credit-hour charges, and mandatory college fees, including athletic or activity, medical or infirmary, and capital improvement fees, imposed by a public higher education institution in this State as a condition of enrollment of all full-time, undergraduate students regardless of class. Tuition does not under any circumstance include the expenses for student housing, meal plans, books, class or lab supplies and equipment, uniforms and laundry, transportation, course-specific fees, or any other fees or charges the program did not consider in the determination of the annual contract pricing structure, regardless of how these fees are characterized by the institution.
HISTORY: 1997 Act No. 155, Part II, Section 4A; 2000 Act No. 410, Section 2(A); 2001 Act No. 72, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 4 - South Carolina Tuition Prepayment Program › Section 59-4-30. Appointment of director; responsibilities of Treasurer; promulgation of regulations.

(A) The South Carolina Tuition Prepayment Program is created as a program within the Office of the State Treasurer. The chief administrative and operating official for the program is the director who must be appointed and supervised by the Treasurer. The director must be a state official or employee.
(B) The Treasurer is responsible for developing and adopting the investment policies, guidelines, and strategies for the fund and determining the costs, termination, and withdrawal options of the prepaid tuition contracts. The Treasurer shall promulgate regulations in accordance with the Administrative Procedures Act which:
(1) provide for the number and types of contract plans to be offered, to include both public and independent colleges and universities;
(2) prescribe the terms and conditions of the prepaid tuition contracts, including the terms and conditions under which funds may be withdrawn or refunds made from the fund;
(3) prescribe the requirements, procedures, and guidelines regarding advanced payment contracts;
(4) provide for the contract contents to include, at a minimum, tuition and credit hour guarantees, beneficiary substitutions, default, withdrawal, refund, termination and penalty information, and contributor payment amounts and conditions;
(5) provide for the receipt of advance payments;
(6) prescribe guidelines governing the program;
(7) provide for the charging and retention of fees for the cost of services and administration of the fund;
(8) prescribe the investment and management policies of the fund; and
(9) prescribe other policies, procedures, and criteria necessary to implement and administer the program.
These regulations must be developed in consultation with the chairmen or their designees of the Senate Finance Committee, the Senate Education Committee, the House Ways and Means Committee, and the House Education and Public Works Committee, and submitted in sufficient time for the General Assembly to begin its approval process by January 15, 1998. It is the intent of the General Assembly to have these regulations in force so that the program may begin to offer contracts by July 1, 1998.
HISTORY: 1997 Act No. 155, Part II, Section 4A; 2000 Act No. 410, Section 2(B).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 4 - South Carolina Tuition Prepayment Program › Section 59-4-40. Fund established; sources, investment, management, and expenditure of funds; exemption from legal process and unassignability.

(A) The fund is a nonpublic special, revolving fund established and maintained by the State of South Carolina. The fund consists of monies received from contributors, other monies acquired from governmental and private sources, and proceeds from the investments of the fund. The fund may expend funds for the purposes of this chapter only and may not be considered public funds. There must be a separate accounting for each designated beneficiary.
(B) The fund must be invested as directed by the treasurer. However, earnings in the fund or a portion of the fund may not be used as security for a loan. An attempt to use the fund, a contract, or a portion of either as security for a loan is void. The fund may receive amounts transferred from a Uniform Gift to Minors Act, Uniform Transfer to Minors Act, or other account established for the benefit of a minor provided that the beneficiary of such an account is identified as the legal owner of the South Carolina Tuition Prepayment Program contract upon attaining majority age. The fund, contributions to the fund, and the right of a person to a refund of contributions or any other right accrued or accruing to any person under the provisions of this chapter are exempt from attachment, garnishment, levy, and sale under any means or final process issued by any court or bankruptcy proceeding and are unassignable except as specifically otherwise provided in this chapter. The funds may be invested and reinvested in any of the following:
(1) securities authorized pursuant to Article 7, Chapter 9, Title 11;
(2) equity securities of a corporation that is registered on a national securities exchange, as provided in the Securities Exchange Act, 1934, or a successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System, or a similar service; and
(3) securities issued by an investment company registered under the Investment Company Act of 1940, or a successor act.
(C) The custody and management of the fund must be directed by the treasurer and invested in accordance with the written investment policies approved by the treasurer. The earnings from fund investments become a part of the fund and may be expended for the purposes of this chapter only.
HISTORY: 1997 Act No. 155, Part II, Section 4A; 2000 Act No. 410, Section 2(C); 2001 Act No. 72, Section 2.
Editor's Note
2022 Act No. 128, Section 5, provides as follows:
"SECTION 5. References to the 'Uniform Gifts to Minors Act' means the 'Uniform Transfers to Minors Act', except as provided in Section 59-4-40."
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 4 - South Carolina Tuition Prepayment Program › Section 59-4-50. Undertakings payable solely from fund monies.

An act or undertaking of the program is not a debt of the State or any agency, department, institution, or political subdivision of the State, or a pledge of the full faith and credit of the State or any agency, department, institution, or political subdivision, but is payable solely from the monies in the fund.
HISTORY: 1997 Act No. 155, Part II, Section 4A.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 4 - South Carolina Tuition Prepayment Program › Section 59-4-60. Cooperation and assistance from state entities.

All of the agencies, departments, and institutions of higher learning of the State must provide reasonable cooperation and assistance to the Treasurer and the director in the implementation of the program under this chapter. Colleges and universities shall make every effort to restrict tuition increases to no more than the annual higher education price index.
HISTORY: 1997 Act No. 155, Part II, Section 4A; 2000 Act No. 410, Section 2(D).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 4 - South Carolina Tuition Prepayment Program › Section 59-4-65. Discontinuing fund; contributor refunds and deficiencies.

In the event the State of South Carolina determines by law or otherwise that the fund should be discontinued and all tuition prepayment contracts canceled, contributors shall be entitled to a refund of all payments to the fund plus interest on these contributions from the date payment is made at the rate of four percent per annum. Notwithstanding any other provision of this chapter or of law, if the fund does not have sufficient monies to make such refunds, the deficiencies shall be paid from the general fund of the State.
HISTORY: 1999 Act No. 88, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 4 - South Carolina Tuition Prepayment Program › Section 59-4-70. Annual financial report.

Upon implementation of the program, the director or his designee shall prepare an annual financial report of the fund and the program. This report must be submitted to the Treasurer on the date and in the format prescribed by the Treasurer. The director or his designee annually shall evaluate the actuarial soundness of the fund and report this information to the Treasurer.
HISTORY: 1997 Act No. 155, Part II, Section 4A; 2000 Act No. 410, Section 2(E); 2005 Act No. 164, Section 32, eff June 10, 2005.
Effect of Amendment
The 2005 amendment deleted the third sentence relating to audits by the State Auditor.