South Carolina Administrative Code

43-246. Instruction at Place Other Than School. (Statutory Authority: 1976 Code §§ 59-5-60 and 59-65-40) A parent or guardian denied permission by a district board of trustees to begin or continue a program of home instruction may appeal that decision to the State Board of Educat…

43-248. Virtual Education Program. I. Overview of the Virtual Education Program A. The State Board of Education (SBE) is authorized under S.C. Code Ann. Sections 59-16-10 through 59-16-80 to ‘‘establish the virtual education program to ensure consistent high quality education for…

43-258.1. Advanced Placement. I. DEFINITION OF ADVANCED PLACEMENT COURSES Advanced Placement (AP) Courses: Courses developed by the College Board with prescribed curricula and tests for which students receive high school credit and for which students scoring at an acceptable leve…

43-259. Adult Education. I. The State High School Equivalency Diploma The State Board of Education (SBE) will issue a state high school equivalency diploma to eligible candidates who successfully complete a SBE approved high school equivalency test. The SBE authorizes the adminis…

43-261. District and School Planning. (Statutory Authority: S.C. Code Ann. §§ 59-5-60 (1990), 59-18-1300 (Supp. 2002), 59-18-1310 (to be codified in Supp. 2003), 59-18-1510 (Supp. 2002), 59-139-05 et seq. (Supp. 2002), and 59-20-60 (Supp. 2002), and the federal No Child Left Behi…

43-262. Assessment Program. I. STATEWIDE ASSESSMENT PROGRAM A. The Education Accountability Act of 1998 (EAA), S.C. Code Ann. Section 59-18-310, and the Every Student Succeeds Act of 2015 (ESSA) or prevailing federal legislation, 20 U.S.C. Section 6301, et seq. require that the S…

43-264.1. Half-Day Child Development Programs. (Statutory Authority: 1976 Code §§ 59-5-60 and 1993 Act 135 The Early Childhood Development and Academic Assistance Act) I. Legislation In order to comply with the South Carolina Education Improvement Act of 1984 and the Early Childh…

43-265. Parenting/Family Literacy. (Statutory Authority: S.C. Code Ann. §§ 59-5-60(1) (1990) and 59-139-10(A)(1) (Supp. 1998)) I. Program Goals A. To strengthen parent involvement in the learning process of preschool children ages birth through five years B. To promote school rea…

43-267. Early Childhood Assistance Programs — Grades K-3. (Statutory Authority: 1976 Code § 59-5-60 and 1993 Act #135, The Early Childhood Development and Academic Assistance Act) I. Program Goals A. To place an emphasis on early childhood education and prevention. B. To focus th…

43-268. Academic Assistance Programs — Grades 4-12. (1976 Code § 59-5-60 and 1993 Act #135, The Early Childhood Development and Academic Assistance Act) I. Program Goals A. To focus the state’s resources on academic success and prevention of academic problems. B. To establish the…

43-272. School Admission. A. Kindergarten and Grades 1-12: Each kindergarten and first-grade pupil not previously enrolled shall submit a birth certificate or other documentation to verify a birth record in special situations as allowed by a local board of trustees. All students …

43-272.2. State-Level Resolution Process for Disputes Involving Unaccompanied Youth and Homeless Children. (Statutory Authority: 20 U.S.C. § 7844 (Supp. 2003)) The federal Stewart B. McKinney Homeless Assistance Act requires that each state implement a state- level process to rev…

43-273. Transfers and Withdrawals. Each student transferring or withdrawing shall be given a form showing name, date of birth, grade placement, and attendance record to present to the appropriate school official where he or she is enrolling. Appropriate additional data shall be f…

43-274. Student Attendance. I. Lawful and Unlawful Absences School districts must adopt policies to define and list lawful and unlawful absences. (A) Lawful absences include but are not limited to (1) absences caused by a student’s own illness and whose attendance in school would…

43-274.1. At-Risk Students. (Statutory Authority: 1976 Code Sections 59-5-60, 59-5-65, and 59-59-10 et seq.) I. At-Risk Student Definition A. A student at risk of dropping out of school is any student who, because of his or her individual needs, requires temporary or ongoing inte…

43-279. Minimum Standards of Student Conduct and Disciplinary Enforcement Proce- dures to be Implemented by Local School Districts. I. Expectations for Student Conduct in South Carolina Public Schools The mission of the SCDE is to provide leadership and support so that all public…

43-300. Accreditation Criteria. I. Each school district shall provide the defined program approved by the State Board of Education that complies with standards prescribed for the boards of trustees; district operations; elementary grades; middle grades; secondary grades; career a…

43-302. Palmetto Gold and Silver Awards Program. (Statutory Authority: 1976 Code §§ 59-5-60, 59-18-1100) A. Program Implementation The Palmetto Gold and Silver Awards Program is established to recognize and reward schools for academic achievement. Awards will be established for s…

43-303. Flexibility Through Deregulation Program. (Statutory Authority: S.C. Code Ann. §§ 59-18-1110 and 59-18-1120 (Supp. 2002)) I. Program Implementation The Education Accountability Act, S.C. Code Ann. §§ 59-8-1110 and 59-18-1120 (2002), provide for the recognition of schools …

43-307. Alignment of Assessment and Accountability Elements with the No Child Left Behind Act. I. The State Board of Education and the South Carolina Department of Education will align its assessment and accountability elements with the measures mandated by federal law. II. The S…

43-50. Persons Required to Hold a Teaching Certificate. Each individual employed in an instructional, classroom teaching position or who serves in a position designed for the support of the instructional program in a public school of this state must hold an appropriate South Caro…

43-51. Certification Requirements; approval of alternative certification; authorization for the SBE to approve additional alternative certification programs. I. Requirements for Certification The applicant must meet all requirements for certification that are in effect in the cur…

43-52. Application for Teaching Credential. I. Required Documentation The State Department of Education (SCDE) teacher certification office requires the following forms of documentation from applicants for teacher certification: A. Certification Application. The applicant must su…

43-53. Credential Classification. I. Types of Credential Classification A. Initial Certificate An initial certificate is valid for three years. Beyond the initial three-year validity period, teachers who do not yet meet the requirements for professional certification, but who are…

43-55. Renewal of Credentials. I. For the purposes of this regulation an educator is defined as any person who holds a professional certificate issued by the South Carolina Department of Education. II. An educator’s professional certificate is valid for five years and expires on …

43-56. Foreign Applicants. Applicants for initial teacher certification who have foreign transcripts or other credentials must consult with appropriate personnel at a regionally or nationally accredited college approved for teacher education purposes or which has programs approve…

43-57. Prior Work Experience. The State Department of Education shall maintain records indicating the work experience for which persons are entitled.

43-57.1. Computing the Experience of Teachers. A. In the computation of experience credit, the following conditions will apply. 1. Full-time equivalents (FTEs) of the 190-day school year will be utilized as the basis of computa- tion. The minimum experience to be credited shall b…

43-57.2. Teaching Experience Acceptable for Credit. A. To receive experience credit, the applicant must provide an official description of the profession- al duties for which he or she wishes to receive the credit. These duties must have been connected to the primary educational …

43-57.5. Military Service. Experience credit may be granted for up to five years of service in the Armed Forces provided the applicant held a valid South Carolina or out-of-state teaching credential prior to or during the period of military service.

43-58. Disciplinary Action on Educator Certificates. (Statutory Authority: S.C. Code Ann. §§ 59-1-445 (2004), 59-5-60 (2004), 59-5-65 (2004), 59-25-110, et seq. (2004), 59-25-530 (2004), 59-26-40 (2004), and 20-7-840, et seq. (Supp. 2004)) The State Board of Education has the leg…

43-58.1. Reporting of Terminations of Certain School District Employees. A district superintendent, on behalf of the local board of education, shall report to the Chair of the State Board of Education and the State Superintendent of Education, the name and certificate number of a…

43-601. Procedures and Standards for Review of Charter School Applications. I. DEFINITIONS A. A ‘‘charter school’’ means a public, nonreligious, nonhome-based, nonprofit corporation forming a school that operates by sponsorship of a public school district, the South Carolina Publ…

43-62. Areas of Certification. I. INITIAL CERTIFICATION AREAS AND GRADE SPANS In consultation with the South Carolina Department of Education (SCDE), the State Board of Education (SBE) has the authority to establish initial certification areas or fields as well as certification g…

43-63. Requirements for Career and Technology Education Work-Based Certification. A. POLICIES AND REGULATIONS GOVERNING CERTIFICATION The policies and regulations governing the certification requirements for Career and Technology Education educators as presented in this document …

43-64. Requirements for Certification at the Advanced Level. I. ADMINISTRATION A. School Principal: Tier 1 (PK-Grade 12) To add certification in the field of School Principal: Tier 1 (PK-Grade 12), an individual must meet the following requirements: 1. Master’s degree from an ins…

43-70. Textbook Adoption Regulation. (Statutory Authority: 1976 Code §§ 59-5-60 and 59-31-550 Code of Laws of South Carolina) SECTION 1. Statutory Authority Pursuant to Sections 59-5-60 and 59-31-550, the State Board of Education shall have the responsibility and duty to adopt th…

43-71. Free Textbooks. (Statutory Authority: 1976 Code §§ 59-5-60 and 59-31-360) Section 1. Free Basal Textbook Enabling Act. Pursuant to Section 59-31-360 to provide ‘‘free basal textbooks’’ in Grades 1 through 12, S. C. State Board of Education does hereby set forth procedures …

43-73. Disposition of Instructional Materials Samples after State Adoption Process. A. Sample copies of instructional materials, textbooks, and supplementary materials furnished to members of the Instructional Materials Review Panels shall remain in possession of panel members un…

43-80. Operation of Public Student Transportation Services. (Statutory Authority: 1976 Code Sections 59-5-60, 59-5-100, 59-5-120, 59-67-20, 59-67-410, 59-67-520, and 59-67-570) I. The school district board of trustees (Board of Trustees) shall be responsible to the State Board of…

43-90. Program Approval Standards for South Carolina Teacher Education Institutions. The South Carolina State Board of Education requires that all teacher education programs meet the standards as established by a national accreditation association with which the South Carolina De…

44-10. Definitions. A. ‘‘Act’’ means the South Carolina Education Lottery Act (Act 59 of 2001). B. ‘‘Applicant’’ means a corporation, partnership, unincorporated association, or other legal entity. C. ‘‘Bank’’ means and includes all commercial banks, mutual savings banks, savings…

44-100. Supplying of Identifying Numbers. A person required to make a payment, statement, or other document to SCEL shall include in such payment, statement, or other document such identifying numbers as may be prescribed by the Executive Director for securing proper identificati…

44-110. Forms. Lottery retailers shall file with the lottery, or its designated representatives, reports of the lottery retailer’s receipts and transactions in the sale of lottery games on a form or in a manner as the Executive Director may require. HISTORY: Added by State Regist…

44-120. Reports. The Executive Director may prepare such daily, monthly, and annual reports as may be necessary for the efficient and effective operation of the lottery, including but not limited to, the number of lottery retailers licensed; the number of new licenses applied for…

44-130. Use of Lottery Trademarks. A. Lottery retailers may use, and display the Lottery Logo, trademark, and other advertising materials without charge to the user or compensation to SCEL for its use. B. Any use of the Lottery Logo or other trademarked or copyright materials, ot…

44-140. Games Prohibited. A. Nothing in these regulations may be construed to allow any lottery or lottery games prohibited by Sections 59-150-20(7), 12-21-2710, 16-19-40 and 16-19-50. HISTORY: Added by State Register Volume 26, Issue No. 6, Part 2, eff June 28, 2002.