South Carolina Private School
SECTION 59-1-110. "Private
school" defined. SC
ST SEC 59-1-110
"Private
school" means a school
established by an agency other than the State or its subdivisions which is
primarily supported by other than public funds, and the operation of whose
program rests with other than publicly elected or appointed
officials. and;
Title
59 - Education CHAPTER 41 SECTION 59-41-10.
Definitions. (c) "Private school" shall mean a private or
independent elementary or high school which
is not operated or controlled by any church, synagogue, sect or other
religious organization or institution.
Registration/Licensing/Accreditation: Attendance at a non-sectarian
private school satisfies South Carolina's compulsory school attendance statute
if the school has been approved by the State Board of Education or is a member
school of the South Carolina Independent School Association or a similar
organization. Attendance at parochial, denominational, and church-related
schools also satisfies this requirement. S.C. Code Ann. § 59-65-10(A). The
Attorney General has determined that the State Board of Education has authority
to establish minimum standards for private school approval under the Compulsory
School Attendance Act. 1967-68 Ops. Att'y Gen., No. 2585, p. 291.
Recordkeeping/Reports: Private schools must report annually to
the local superintendent of education the following information: 1) the number
of students receiving instruction; 2) the number of students in regular
attendance; 3) the number of teachers employed; and 4) such other facts
demonstrating the grade and amount of educational work actually done in the
private school. A private school failing to file the information within two
weeks after the close of the regular session is subject to a fine not more than
$25. S.C. Code Ann. § 59-13-130.
Discrimination: South Carolina school districts place
handicapped students in private schools provided the school accepts children
into the program regardless of color, race, sex, or religion. S.C. Code Ann. §
59-33-50.
Special Education: Handicapped students may be placed in
private schools that maintain approved special education facilities if the
school district cannot provide an appropriate education. S.C. Code Ann. §
59-33-50.
All private school administrators must report the names of
visually handicapped students to the Commission for the Blind. The Commission
may provide itinerant teachers to assist private school teachers who are
responsible for teaching visually handicapped children. S.C. Code Ann. §
43-25-60.
Health: The Department of Health and Environmental Control has
the authority to inspect private school lunchrooms and sanitary facilities. 1982
Op. Atty. Gen., No. 82-10, p. 12.
Potential staff members of a private school must be evaluated
for tuberculosis prior to hiring. Applicants must present a health certificate
certifying that they do not have tuberculosis in an active stage as a
prerequisite to employment. S.C. Code Ann. § 44-29-150, 160.
Safety: The distribution of a controlled substance within a
radius of one-half mile of a private elementary, middle, or secondary school is
a criminal offense and punishable by fine and/or imprisonment. S.C. Code Ann. §
44-53-445. S.C. Code Ann § 16-17-420 (Disturbing Schools); S.C. Code Ann. §
16-11-110 (Arson).
Transportation: School buses owned and operated by private
schools or under contract for a private school must conform to state laws and
regulations of the State Board of Education. Buses failing to comply with the
laws and regulations must be painted a color other than yellow and are not
entitled to the privileges and protection of a school bus operating on the
highways. S.C. Code Ann. § 59-67-40.
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