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DISCIPLINE – AUTHORITY

  • Who has the overall discipline authority in schools?

    The school principal is in charge of the disciplinary authority in his or her particular school. 

    The school district superintendent oversees all of the schools in the district and reports to the district board of trustees, which sets disciplinary requirements for the schools in the district. 

    The district board of trustees has the ultimate authority over disciplinary matters including suspensions and expulsions.

    The State Board of Education is the state agency overseeing public schools in South Carolina.  The State Board of Education issues regulations for South Carolina public schools.  State regulation establishes a uniform system of minimum disciplinary enforcement for the school districts of South Carolina. 34 S.C. Code Regs. 43-279 (2010). 

DETENTION

  • What is detention and when is it permitted?

    Detention is defined in the South Carolina State Register as possible sanctions applied in cases of disorderly conduct which may include, but are not limited to:

    • Verbal reprimand;
    • Withdrawal of privileges;
    • Demerits;
    • Detention;
    • Corporal punishment;
    • In-school suspension;
    • Other sanctions as approved by local school authorities.

    34 S.C. Code Regs. 43-279 (Oct. 22, 2010)  Detention policies would be covered in a school district’s student discipline policies.

SUSPENSION

  • Under what circumstances can a student be suspended?

    Any district board of trustees may authorize or order the suspension of any student for:

    • commission of any crime
    • gross immorality,
    • gross misbehavior
    • persistent disobedience
    • violation of written rules and regulations established by the district board, county board, or the State Board of Education
    • when the presence of the student is detrimental to the best interest of the school

    S.C. Code § 59-63-210 (2011).

    South Carolina regulations identify three levels of student misconduct each with different punishments, arranged by degree of seriousness: disorderly conduct (sanctions range from verbal reprimand to in-school suspension), disruptive conduct (range from temporary removal from class to expulsion), and criminal conduct (ranges from out-of-school suspension to appropriate action within the criminal justice system).  S.C. Code Regs. 43-279 (2010). 

    Any district board may give any administrator the authority to suspend a student from a teacher’s class or from the school not in excess of 10 days for any one offense and for not more than 30 days in any one school year. S.C. Code § 59-63-220 (2011).

  • What are the types of suspension and what are the student’s rights upon suspension?

    South Carolina has both in-school suspension and out-of-school suspension.

    Out-of-school suspension: a student is prohibited from entering the school or school grounds, except for a prearranged conference with an administrator.  The student is also prohibited from attending any school functions and riding a school bus. S.C. Code § 59-63-210 (2011).

  • What are a student’s rights upon suspension?

    When a student is suspended from a class or a school, the administrator must:

    Written Notification:  The student’s parents or legal guardian in writing, giving the reason for the suspension and setting a time and place when the administrator is available for a conference with the parents or guardian.

    Conference: The conference is to take place within three days of the date of the suspension. After the conference the parents or legal guardian may appeal the suspension to the board of trustees or to its authorized agent. S.C. Code § 59-63-230 (2011).

    Administrators are not permitted to suspend a student from school: During the last ten days of a year if the suspension will make the student unable to receive credit for the school year without the approval of the school board, unless the presence of the student constitutes an actual threat to a class or a school or a hearing is granted within 24 hours of the suspension. S.C. Code § 59-63-220 (2011).

EXPULSION

  • Under what circumstances can a student be expelled?

    Any district board of trustees may authorize or order the expulsion of any student for:

    • commission of any crime
    • gross immorality,
    • gross misbehavior
    • persistent disobedience
    • violation of written rules and regulations established by the district board, county board, or the State Board of Education
    • when the presence of the student is detrimental to the best interest of the school

    S.C. Code § 59-63-210 (2011).

    An expelled student is prohibited from entering the school or school grounds, except for a prearranged conference with an administrator, attending any school functions, or riding a school bus. S.C. Code § 59-63-210 (2011).

    The board may permanently expel any incorrigible student. S.C. Code § 59-63-240 (2011).

  • What are a student’s rights upon expulsion?

    Written Notification:  The student’s parents or legal guardian of the pupil must be notified in writing of the time and the place of a hearing either before the board or a person or committee designated by the board.

    • The hearing is to take place within 15 days of the written notification at a time and place
    • A decision must be made within 10 days after the hearing

    Right to Legal Counsel: At the hearing, the parents or legal guardian have the right to legal counsel and to all other regular legal rights including the right to question all witnesses.

    Right to Petition For Readmission: Each expelled student has the right to petition for readmission for the succeeding school year. S.C. Code § 59-63-210 (2011).

  • What is the procedure for appealing an expulsion?

    If the hearing is held by any authority other than the board of trustees, the decision may be appealed to the board. The board’s decision may be appealed to court. S.C. Code § 59-63-240 (2011).

LEVELS OF STUDENT MISCONDUCT

  • What are the different levels of student misconduct in South Carolina?

    South Carolina Regulation Number 43-279 sets out three levels of student misconduct: disorderly conduct, disruptive conduct and criminal conduct.  As the levels increase in seriousness, the severity of possible disciplinary sanctions increases.  The provisions of the regulation apply not only to within school activities, but also to student conduct on school bus transportation vehicles, and other school sponsored activities.  34 S.C. Code Regs. 43-279 (2010).

    Disorderly conduct is defined as those activities engaged in by students which tend to impede orderly classroom procedures or instructional activities, orderly operation of the school, or the frequency or seriousness of which disturb the classroom or school.

    • Acts of disorderly conduct may include, but are not limited to: Classroom tardiness; Cheating on examinations or classroom assignments; Lying; Acting in a manner so as to interfere with the instructional process; Abusive language between or among students; Failure to complete assignments or carry out directions; Use of forged notes or excuses; Cutting class; School tardiness; Truancy; and Other disorderly acts as determined by local school authorities.
    • Possible sanctions to be applied in cases of disorderly conduct may include, but are not limited to: Verbal reprimand; Withdrawal of privileges; Demerits; Detention; Corporal punishment; In‑school suspension; and Other sanctions as approved by local school authorities.

    Disruptive conduct is defined as those activities engaged in by students which are directed against persons or property, and the consequences of which tend to endanger the health or safety of oneself or others in the school. Some instances of disruptive conduct may overlap certain criminal offenses, justifying both administrative sanctions and court proceedings.

    Disorderly conduct may be reclassified as disruptive conduct if it occurs three or more times. 

    • Acts of disruptive conduct may include, but are not limited to: Use of an intoxicant; Fighting; Vandalism (minor); Stealing; Threats against others; Trespass; Abusive language to staff; Refusal to obey school personnel or agents (such as volunteer aides or chaperones) whose responsibilities include supervision of students; Possession or use of unauthorized substances, as defined by law or local school board policy; Illegally occupying or blocking in any way school property with the intent to deprive others of its use; Unlawful assembly; Disrupting lawful assembly; Other acts as determined by local school authorities.
    • Possible sanctions to be applied in cases of disruptive conduct may include, but are not limited to: Temporary removal from class; Alternative education program; In‑school suspension;  Out‑of‑school suspension; Transfer; Referral to outside agency; Expulsion; Restitution of property and damages, where appropriate, should be sought by local school authorities; Other sanctions as approved by local school authorities.

     

    Criminal conduct is defined as those activities engaged in by students which result in violence to oneself or another’s person or property or which pose a direct and serious threat to the safety of oneself or others in the school.  These activities usually require administrative actions which result in the immediate removal of the student from the school, the intervention of law enforcement authorities, and/or action by the local school board. 

    • Acts of criminal conduct may include, but are not limited to: Assault and battery; Extortion; Bomb threat; Possession, use, or transfer of dangerous weapons; Sexual offenses; Vandalism (major); Theft, possession, or sale of stolen property; Arson;                 Furnishing or selling unauthorized substances, as defined by local school board policy; Furnishing, selling, or possession of controlled substances (drugs, narcotics, or poisons).
    • Possible sanctions to be applied in cases of criminal conduct may include, but are not limited to: Out‑of‑school suspension; Assignment to alternative schools; Expulsion; Restitution of property and damages, where appropriate, should be sought by local school authorities; Other sanctions as approved by local school authorities.

     

    Extenuating, Mitigating or Aggravating Circumstances

    • A local school board may confer upon the appropriate administrator the authority to consider extenuating, mitigating or aggravating circumstances which may exist in a particular case of misconduct.  Such circumstances should be considered in determining the most appropriate sanction to be used.

STUDENT TRANSFER

  • When can a student be transferred for misconduct?

    Yes, any district board of trustees may authorize or order the transfer of any student for a commission of the circumstances mentioned earlier.  S.C. Code § 59-63-210 (2011).

    The board or a designated administrator may transfer a student to another school instead of suspension or expulsion, but only after a conference or hearing with the parents or legal guardian.  The parents or legal guardian may appeal a transfer made by an administrator to the board. S.C. Code § 59-63-250 (2011).

ZERO TOLERANCE POLICIES

  • What does “zero tolerance” mean?

    Zero tolerance of a behavior by a school means that the school’s response is pre-determined and required and includes severe consequences or punishment (most often suspension or expulsion) for a specific offense.

    South Carolina law requires expulsion for a minimum of one year if a student brings a firearm to school or any setting under the jurisdiction of a local board of trustees. The one‑year expulsion is subject to modification by the district superintendent of education on a case‑by‑case basis. Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting. Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative. S.C. Code § 59-63-235 (2011).

CORPORAL PUNISHMENT

BULLYING

  • Is there a state policy on bullying?

    Yes. Each local school district is required collaborate with parents and guardians, school employees, volunteers, students, administrators, and community representatives to create and adopt a policy prohibiting harassment, intimidation, or bullying at school.  S.C. Code § 59-63-140 (2011).

    The policy must include the following components:

        • statement prohibiting harassment, intimidation, or bullying of a student
        • definition of harassment, intimidation, or bullying as inclusive as Section S.C. Code § 59‑63‑120’s
        • description of appropriate student behavior
        • consequences and appropriate remedial actions for persons committing acts
        • procedures for reporting these acts (including) a provision for reporting anonymously
        • procedures for prompt investigation of reports of serious violations and complaints
        • statement that prohibits reprisal or retaliation against a person who reports a policy violation
        •  consequences and appropriate remedial action for persons found to have falsely accused another
        • process for discussing the district’s harassment, intimidation, or bullying policy with students
        • statement of how the policy is to be publicized, including notice that the policy applies to participation in school‑sponsored functions

    Harassment, intimidation, or bullying is defined as prohibited conduct in S.C. Code § 59-63-130.  Retaliation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying, is also prohibited.

    A school employee, student, or volunteer who witnesses, or has reliable information that a student has been subject to harassment, intimidation, or bullying shall report the incident to the appropriate school official. S.C. Code § 59-63-130 (2011).

HAZING

  • Is there a state policy on hazing?

    Yes. Hazing at all public education institutions is prohibited. When an investigation has found evidence of hazing a student may be dismissed, expelled, suspended, or punished as the principal considers appropriate.  S.C. Code § 59-101-200 (2011).


    Hazing is defined as the wrongful striking, laying open hand upon, threatening with violence, or offering to do bodily harm by a superior student (a student who has attended a public education institution longer than another student or who has an official position giving authority over another student ) to a subordinate student with intent to punish or injure the subordinate student, or other unauthorized treatment by the superior student of a subordinate student of a tyrannical, abusive, shameful, insulting, or humiliating nature. S.C. Code § 59-101-200 (2011).  

DRESS CODES

ENGLISH LANGUAGE LEARNERS (ELL)

  • Who is considered an ELL?

    South Carolina defines limited English proficient (LEP) / English language learner (ELL) by reference to No Child Left Behind [P.L. 107-110, Title IX, Part A, § 9101, (25)].

     

    The term “limited English proficient” when used with respect to an individual, means an individual – (A) who is aged three through 21; (B) who is enrolled or preparing to enroll in an elementary school or secondary school; (C)(i) who was not born in the United States or whose native language is a language other than English; (ii) (I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (D) whose difficulty in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual – (i) the ability to meet the State’s proficient level of achievement on State assessments; (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or (iii) the opportunity to participate fully in society.

  • What is the assessment test used for ELL? What are the procedures for the test?

    Home Language Survey : A Home Language Survey must be completed for each student registering for enrollment in a South Carolina public school. The assistance of an interpreter may be required to complete the survey. The completed survey becomes part of the student’s permanent record and should be available for review during compliance monitoring.

    • If any response on the Home Language Survey indicates the use of a language other than English by the student or an individual in the home, then further information must be obtained to determine the student’s English-language proficiency.  Based on identification of a potential ELL through the Home Language Survey, new ELLs must be tested within 30 days of enrollment at the beginning of the school year, and within two weeks if enrolled during the school year.
    • If the teacher determines that a student is not English proficient and could benefit from English for Speakers of Other Languages (ESOL) services, a teacher may recommend that the student be evaluated for possible participation in ESOL services.


    Assessments of English language proficiency are conducted to accomplish two purposes: (1) to determine the student’s level of English proficiency and (2) to make appropriate instructional and program placement decisions.  Each student’s English proficiency will be assessed annually through the state assessment program.

  • What is the process for educating ELLs?

    All language-minority children are to be placed in their age-appropriate grade level. A student with little or no knowledge of English is to be placed immediately in an English language instruction educational program and/or provided appropriate accommodation and assistance in the student’s mainstream classroom. The goal is to integrate the student into regular programs while providing an intense language acquisition program. The student should participate with age group peers in all school activities.

  • When do parents need to be notified?

    Prior to placing a student in an English language instruction educational program, the local education agency must ensure that the school notifies parents of their rights, responsibilities, and opportunities for participation in the program. 

ABILITY GROUPING FOR LEARNING PURPOSES

  • Special Education Requirements

    Free Appropriate Public Education (FAPE): Schools are required to ensure that all children with disabilities have available to them FAPE that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. S.C. Code Regs. 43-243 (2010).

     

    Disability Definition: “Disability” means diagnosed as having one of more of the following conditions, and who, by reason thereof, needs special education and related services.:

    • mental retardation
    • a hearing impairment (including deafness)
    • a speech or language impairment
    • a visual impairment (including blindness)
    • a serious emotional disturbance
    • an orthopedic impairment
    • autism
    • traumatic brain injury
    • another health impairment
    • a specific learning disability
    • deaf-blindness
    • multiple disabilities

    S.C. Code Regs. 43-243 (2010)

    Disciplinary proceedings involving students with disabilities are subject to separate federal and state requirements

  • Does the state guarantee students access to any specific classes or quality of classes (i.e. such as advanced placement, etc.)?

    Gifted And Talented Students: Gifted and talented students at the elementary and secondary levels must be provided programs during the regular school year or during summer school to develop their unique talents in the manner the State Board of Education must specify and to the extent state funds are provided. S.C. Code § 59-29-170 (2011).


    Advanced Placement Courses: Each school district must provide advanced placement courses in all secondary schools of the district which enroll an adequate number of academically talented students to support the course. A student who successfully completes the advanced placement requirements for a course and who receives a score of three or higher on the advanced placement exam shall receive advanced placement credit for the course in each post-secondary public college in South Carolina in the manner specified by the Commission on Higher Education in conjunction with the State Board of Education. S.C. Code § 59-29-190 (2011).

  • Does the state require schools to have Gifted & Talented programs?

    In order to comply with the South Carolina Education Improvement Act of 1984, school districts must provide programs for all gifted and talented students at the elementary and secondary levels to develop the unique talents of students. S.C. Code Regs. 43-220 (2010).

    Gifted and talented students at the elementary and secondary levels must be provided programs during the regular school year or during summer school to develop their unique talents in the manner specified by the State Board of Education and to the extent state funds are provided. S.C. Code § 59-29-170 (2011).

    Gifted and talented students are those who are identified in grades 1-12 as demonstrating high performance ability or potential in academic and/or artistic areas and therefore require an educational program beyond that normally provided by the general school program in order to achieve their potential. S.C. Code Regs. 43-220 (2010).

  • Does South Carolina have common core standards?

    The State Board of Education is directed to adopt grade specific performance-oriented educational standards in the core academic areas. The standards are to promote the goals of providing every student with the competencies to:

      • read, view, and listen to complex information in the English language
      • write and speak effectively in the English language
      • solve problems by applying mathematics
      • conduct research and communicate findings
      • understand and apply scientific concepts
      • obtain a working knowledge of world, United States, and South Carolina history, government, economics, and geography
      • use information to make decisions

    The standards must be reflective of the highest level of academic skills with the rigor necessary to improve the curriculum and instruction in South Carolina’s schools so that students are encouraged to learn at unprecedented levels. S.C. Code § 59-18-300 (2011).

GRADUATION REQUIREMENTS

  • What are South Carolina’s graduation requirements?

    South Carolina regulations establish the minimum requirements for graduation from South Carolina high schools.  S.C. Code Regs. 43-259 (2010).  They include:

    • The student must earn a total of 24 prescribed units of credit. The unit requirements are distributed as:

                                                    Subject                                                                                       Unit Requirements

                                                    English/language arts                                                                                        4.0

                                                    Mathematics                                                                                                     4.0

                                                    Science                                                                                                            3.0

                                                    U.S. History and Constitution                                                                              1.0

                                                    Economics                                                                                                        0.5

                                                    U.S. Government                                                                                               0.5

                                                    Other social studies course(s)                                                                             1.0

                                                    Physical Education or Junior ROTC                                                                       1.0

                                                    Computer science (including keyboarding)                                                            1.0

                                                    Foreign language or

                                                    Career and technology education                                                                         1.0

                                                    Electives                                                                                                           7.0

                                                                                                                                                                         24.0 total

    • Computer Literacy: The student must demonstrate computer literacy as determined by local school district policy.
    • College Prep Program: Students in a College Prep program must earn one unit in a foreign language. The student in a Tech Prep program must earn one unit in career and technology education course work.
    • U.S. History Course: The student must complete a study of and pass an examination on the provisions and principles of the United States Constitution, the Declaration of Independence, the Federalist papers, and American institutions and ideals. This instruction shall be given for a period of at least one year, or its equivalent, either within the required U.S. History course and/or within another course using a suitable text recommended by the State Superintendent of Education and approved by the State Board of Education.
    • Diploma: The student must attend the accredited high school issuing the diploma for at least the semester immediately preceding his or her graduation, except in the case of a bona fide change of residence to a location in which the sending school will not grant the diploma. Units earned in a summer school program do not satisfy this requirement.
    • High School Exit Examination: The student must pass the South Carolina high school exit examination in addition to passing the required courses.
    • Physical Science: Every student must take one unit of physical science prior to taking the exit exam that is given the second spring after initial enrollment in the ninth grade.

STATE PARENT INFORMATION RESOURCE CENTERS

  • Background Information

    Parental Information and Resource Centers: Gives parents a place to turn if they need help understanding their rights regarding their children’s school systems or if they need pointers on making sure their children enter school ready to learn and stay on the path toward success once they’re enrolled.

    There are nine centers across South Carolina and the administrative office in Columbia, South Carolina.

     

    The specific duties of the Parent Information Resource Centers include:

    • Reaching out to parents of low-income, minority and limited English proficiency children enrolled in schools;
    • Helping these parents understand Parent Report Cards, Supplemental Educational Services, and Public School Choice as described in the No Child Left Behind legislation; and
    • Helping parents communicate effectively with schools.

     

    Parent Information Resource Centers also partner with school districts on parental involvement policies, programs and activities such as:

    • Early childhood parent education programs (Parent-Child Home Program, Parents As Teachers)
    • Preteen and teen parenting groups
    • Developmental screenings for pre-school aged children
    • Parent-to-parent peer groups
    • Drop in and play with your child sessions
    • No Child Left Behind information about parental right
    • Coordination with School Improvement Councils

     

  • Contact Information

    SOUTH CAROLINA PARENT RESOURCE CENTER

    1634 Main Street, Suite 100
    Columbia, SC 29201

    Telephone: 803-744-4029

    Email: pirc@colum.edu

    Website: http://www.scchildren.org/programs/9/


    SOUTH CAROLINA STATE DEPARTMENT OF EDUCATION

    Contact information

    South Carolina Department of Education

    1429 Senate Street

    Columbia, SC  29201

    Telephone: 803-734-8500


    U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

    Contact information

    District of Columbia Office
    Office for Civil Rights
    U.S. Department of Education
    400 Maryland Avenue, S.W.

    Washington, DC 20202-1475

    Telephone: 202-453-6020

    Email: OCR.DC@ed.gov