Does state law require public schools to be "open to all"?
Yes—
constitutional
Does state law mandate "equality of educational opportunity"?
No
Do the courts recognize education as a fundamental right?
No
State Constitution
Art. 11 § 3. The General Assembly shall provide for the maintenance and support of a system of free public schools open to all children in the State and shall establish, organize and support such other public institutions of learning, as may be desirable.
Notes
In South Carolina, attendance zones could be vulnerable to a challenge based on the promise in the state constitution that the public schools be “open to all children in the State.”
Open Enrollment
WITHIN-DISTRICT
None found.
CROSS-DISTRICT
Voluntary for districts. Resident district has veto power. S.C. Code § 59-63-490. Officials at receiving district can be fined or imprisoned if they accept a student without approval from the student’s resident district. S.C. Code § 59-63-500
State Law Establishing Attendance Zones
None found.
State Law Criminalizing Use Of Incorrect Address
S.C. Code § 59-63-32:“If it is found that a person wilfully and knowingly has provided false information in the affidavit provided for in subsection (B) to enroll a child in a school district for which the child is not eligible, the maker of the false affidavit is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed two hundred dollars or imprisoned for not more than thirty days and also must be required to pay to the school district an amount equal to the cost to the district of educating the child during the period of enrollment. Repayment does not include funds paid by the State.”
Charter School Admissions
Charter schools are forbidden from discriminating against students based on their residential address. S.C. Code §
59-40-50
