School board authority in South Carolina

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South Carolina state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties South Carolina law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- South Carolina law on school boards' authority over district policy. This section features the statutes in South Carolina law that establish, enable, or define local school district boards.
- Constraints on South Carolina school boards' authority. This section provides an overview of constraints on the school boards' authority in South Carolina. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- How does South Carolina compare to other states?
- Parents' bill of rights
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in South Carolina.
School board authority over district policy in South Carolina
Enabling or authorizing statute for the boards of school districts in South Carolina
- See also: Enabling statute
South Carolina Statute 59-19-10 creates school district boards and gives them authority to operate according to state law:[1]
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South Carolina school boards' powers and duties
South Carolina public school boards of directors are given broad authority to administer the public schools according to state law:[3]
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South Carolina public school boards of directors are given 12 specific duties or powers to administer the public schools in South Carolina. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include
- promulgating rules and regulations
- establishing the annual calendar.
The list of powers and duties school district boards are charged with appears in SC Code § 59-19-90 and are as follows:[4]
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Constraints on South Carolina school boards' authority
This section tracks constraints on school boards specific to South Carolina as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on South Carolina school boards' authority by topic
This section features constraints on South Carolina school boards' authority on policies related to the following topics:
Curriculum requirements
South Carolina requires the following specific topics to be included in each state's curriculum:[5]
- health,
- domestic and family violence,
- art,
- physical education,
- reproductive health education,
- finances,
- U.S. history,
- U.S. Constitution,
- firearm safety,
- alcohol and drug use,
- writing,
- arithmetic,
- cursive,
- traffic laws,
- Black history,
- safety,
- fire prevention,
- personal finance
Curriculum restrictions
South Carolina law prohibits instruction in public schools regarding specific concepts related to race and sex as outlined in Part 1B, SECTION 1 of the 2024-2025 Appropriation Act:[6]
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Book bans, removals, and restrictions
South Carolina school boards have the authority to remove books from school libraries; the State Board of Education can also mandate that statewide removal of school library books. The South Carolina State Board of Education adopted a resolution in 2024 establishing a uniform process for local school boards to review and decide challenges to books in their districts.[8][9]
Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[10][11][12]
Parental notification
South Carolina requires parental notification on curriculum related to the following topics:[14]
- reproductive health, family life, pregnancy prevention
- sexually transmitted diseases
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[15]
Discipline
South Carolina is one of 47 states that gives school boards authority over district disciplinary policy.
The text of SC Code of Regulations 43-279 is as follows:[16]
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School board elections
- See also: Rules governing school board election dates and timing in South Carolina, How does South Carolina compare to other states on school board authority over election timing?
South Carolina is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in South Carolina.
Public school choice and open enrollment
- See also: School choice in South Carolina
South Carolina did not have a state-wide public school choice program as of September 2024. School boards can approve transfers to an adjacent school district, but only if that school is closer to the student:[18]
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Charter schools
- See also: Charter schools in South Carolina, How does South Carolina compare to other states on school board authority over charter schools?
South Carolina is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
However, other entities, such as the South Carolina Public Charter School District and public or independent institutions of higher learning, can also authorize charter schools within the state. According to South Carolina Code § 59-40-70, school district boards receive charter school applications and are required to hold a public hearing before issuing a final decision.[19]
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Cellphone bans
South Carolina is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.[20]
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Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[21][22]
South Carolina school boards are not legally allowed to engage in collective bargaining agreements with school employees.[23]
Parents' bill of rights
South Carolina is one of 24 states that does not have a statewide Parents' Bill of Rights.
How does South Carolina compare to other states?
This section compares South Carolina's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[24]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- South Carolina school boards must live-stream public meetings (2025): South Carolina Governor Henry McMaster (R) signed S77 on May 12, 2025, to require bodies governing public schools, including charter or special schools, to either live-stream public meetings or post video and audio of the meeting as soon as possible when the meeting is over. The South Carolina State Board of Education must pass a model policy, and local boards must create policies implementing these requirements within three months after adoption of the model policy by the State Board of Education.[25]
- South Carolina lawmakers debate bill to limit classroom instruction on race (2024): A conference committee that consisted of three members of the South Carolina House of Representatives and three members of the South Carolina Senate met on May 7, 2024, to debate a bill aimed at limiting methods for K-12 classroom instruction on race. The Senate and House each passed a bill in 2023 on the topic, however, the chambers had yet to reach a compromise to address the differences in the bills. The bills contained a variety of provisions relating to posting instructional materials online, prohibiting instruction that teaches that one race is superior to another, and establishing an appeals process for parents to oppose certain instructional materials.[26]
- South Carolina governor signs bill barring transgender students from participating in public school and collegiate women’s sports (2022): South Carolina Gov. Henry McMaster (R) signed a bill into law on May 16, 2022, that proposed prohibiting transgender students from participating in women’s sports at public schools and colleges in the state. The law proposed mandating students to play on sports teams that align with the sex on their birth certificates.[27][28]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
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Footnotes
- ↑ Law.Justia.com, "SC Code § 59-19-10 (2023)," accessed November 19, 2024
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Law.Justia.com, "SC Code § 59-19-110 (2023)," accessed November 19, 2024
- ↑ Law.Justia.com, "SC Code § 59-19-90," accessed November 19, 2024
- ↑ Casetext.com, "S.C. Code § 59-29-10," accessed November 19, 2024
- ↑ [https://www.scstatehouse.gov/query.php?search=DOC&searchtext=SDE:%20Partisanship%20Curriculum&category=BUDGET&year=2024&version_id=7&return_page=&version_title=Appropriation%20Act&conid=49816551&result_pos=0&keyval=54497&numrows=10#:%7E:text=1.79.%20(,past%20discriminatory%20policies:~:text=1.79.%20(,past%20discriminatory%20policies. South Carolina Legislature, "Part 1B SECTION 1 - H630 - DEPARTMENT OF EDUCATION 2024-2025 Appropriation Act," accessed January 31, 2025]
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ South Carolina State Board of Education, "Uniform Procedure for Selection or Reconsideration of Instructional Materials," accessed May 28, 2025
- ↑ Law.Justia.com, "SC Code § 59-31-50," accessed November 19, 2024
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ Law.Justia.com, "S.C. Code § 59-32-50," accessed November 19, 2024
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Law.Justia.com, "SC Code Regs 43-279," accessed November 19, 2024
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Law.Justia.com, "SC Code § 59-63-480," accessed November 19, 2024
- ↑ Law.Justia.com, "SC Code § 59-40-70," accessed November 19, 2024
- ↑ Scribd, "South Carolina, Department of Education: Cell phone survey results and policy development," accessed November 19, 2024
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ SCstatehous.gov, "Title 41 - Labor and Employment, CHAPTER 7, Right to Work," accessed November 19, 2024
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ South Carolina General Assembly, "A28, R46, S77," accessed August 21, 2025
- ↑ ABC4 News, "South Carolina lawmakers rekindle bill limiting how topics like race are taught," May 7, 2024
- ↑ NPR, "South Carolina becomes the latest state to enact a transgender sports ban," May 17, 2022
- ↑ South Carolina State House, "A193, R218, H4608," accessed on June 3, 2022