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South Carolina Code of Laws Ann. § 59-63-30 states “a child shall be entitled to attend the public schools of any school district, without charge, if such child resides with its parents or legal guardian; and the parent or legal guardian, with whom the child resides, is a legal resident of such school district.”  South Carolina Code of Laws § 59-19-90 (9) & (10) provides for the general powers and duties of your local school board of trustees.  “The local board of trustees has the sole authority and jurisdiction under state law to transfer and assign pupils. To transfer any pupil from one school to another so as to promote the best interests of education, and determine the school within its district in which any pupil shall enroll; and (10) Prescribe conditions and charges for attendance.”  Neither the State Department of Education nor the State Superintendent of Education has the legal authority to intervene and override the local school board decisions made regarding issues of this nature.

The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor.

Each parent, whether the custodial or non-custodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child. (SC Code of Laws section 20-7-100)

On June 12, 2006, Governor Sanford signed into law House Bill 3573 creating the Safe School Climate Act. The intent of this law is to prevent school harassment, intimidation, or bullying; to instruct local school districts to adopt policies by January 1, 2007 prohibiting harassment, intimidation or bullying of students; and to provide that the State Board of Education shall develop model policies; and provide that the policy must be incorporated into the training programs for all public school districts in the State.

Effective April 8, 2006, Governor Sanford signed into law House Bill 4429 establishing a uniform start date for all public schools.  Beginning with the 2007-08 school year, the opening date for students must not be before the third Monday in August, except for schools operating on a year-round modified school calendar. 

SC Code of Laws Section 59-1-425 states “(A) Each local school district board of trustees of the State shall have the authority to establish an annual school calendar for teachers, staff, and students. The statutory school term is one hundred ninety days annually and shall consist of a minimum of one hundred eighty days of instruction covering at least nine calendar months. However, beginning with the 2007-2008 school year the opening date for students must not be before the third Monday in August, except for schools operating on a year-round modified school calendar. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. No more than two days may be used for preparation of opening of schools and the remaining five days may be used for teacher planning, academic plans, and parent conferences. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the district.

(B) Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close must be made up. All school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of these occurrences. If those designated days have been used or are no longer available, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed or operate schools on Saturday. Schools operating on a four-by-four block schedule shall make every effort to make up the time during the semester in which the days are missed. A plan to make up days by lengthening the school day must be approved by the Department of Education before implementation. Tutorial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board. If a local school board authorizes make-up days on Saturdays, tutorial instruction normally offered on Saturday for seventh through twelfth graders must be scheduled at an alternative time.

(C) The General Assembly by law may waive the requirements of making up missed days or, by law, may authorize the school board of trustees to forgive up to three days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close. A waiver granted by the local board of trustees of the requirement for making up missed days also must be authorized through a majority vote of the local school board.

(D) If a school is closed early due to snow, extreme weather conditions, or other disruptions, the day may count towards the required minimum to the extent allowed by State Board of Education policy.

(E) The instructional day for secondary students must be at a minimum six hours a day, or its equivalent weekly, excluding lunch. The school day for elementary students must be at a minimum six hours a day, or its equivalent weekly, including lunch.

(F) Elementary and secondary schools may reduce the length of the instructional day to not less than three hours for not more than three days each school year for staff development, teacher conferences, or for the purpose of administering end-of-semester and end-of-year examinations.

(G) Priority during the instructional day must be given to teaching and learning tasks. Class interruptions must be limited only to emergencies. Volunteer blood drives as determined by the principal may be conducted at times which would not interfere with classroom instruction such as study period, lunch period, and before and after school.

SC Code of Laws section 59-65-10 states, “All parents or guardians shall cause their children or wards to attend regularly a public or private school or kindergarten of this State which has been approved by the State Board of Education or a member school of the South Carolina Independent Schools' Association 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 or ward is five years of age before September first until the child or ward attains his seventeenth birthday or graduates from high school.

SC Code of Laws Section 59-63-210 establishes the grounds for which trustees may expel, suspend, or transfer pupils; petition for readmission; expulsion, suspension, or transfer. 

(A) Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for the commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and promulgated regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Each expelled pupil has the right to petition for readmission for the succeeding school year. Expulsion or suspension must be construed to prohibit a pupil from entering the school or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus. The provisions of this section do not preclude enrollment and attendance in any adult or night school. 

(B) A district board of trustees shall not authorize or order the expulsion, suspension, or transfer of any pupil for a violation of Section 59-150-250(B). 
 

The governing body of each school district may provide corporal punishment for any pupil that it deems just and proper. (SC Code 59-63-260)

The State Board of Education shall establish regulations defining lawful and unlawful absences.  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 five unlawful absences, and (2) the district board of trustees or its designee shall promptly approve or disapprove any student absence in excess of ten days. (SC Code 59-65-90)

Students may enter first grade in the public schools if they will attain the age of six on or before September first of the applicable school year, or have substantially begun a first grade program in another state that has a different attendance age requirement from South Carolina, or have attended a public school kindergarten program for one full school year.

State law regarding the age of attendance states “it is not lawful for any person who is less than five or more than twenty-one years of age to attend any of the public schools of this State, including kindergarten, except that:

1. persons over twenty-one years of age may attend night schools;
2. when a pupil is in the graduating class and becomes twenty-one years of age before graduation, the student is permitted to complete the term if otherwise qualified to do so;
3. four year-olds may attend optional child development programs and all three-year-old, four-year-old, and five-year-old children with disabilities in accordance with their individual education program (IEP), may participate in any public education preschool program, including optional child development programs.” 
    

Children within the ages prescribed by Section 59-63-20 shall be entitled to attend public schools of any school district, without charge, only if the child resides with its parent or legal guardian; the parent or legal guardian, with whom the child resides, is a resident of such school district; or the child owns real estate in the district having an assessed value of three hundred dollars or more; and the child has maintained a satisfactory scholastic record in accordance with scholastic standards of achievement prescribed by the trustees of the local board; and the child has not been guilty of infraction of the rules of conduct promulgated by the trustees of such school district.