South Carolina

Parties continue waiting for a decision from the South Carolina Supreme Court in Abbeville County Sch. Dist. v. State, which was argued in 2008.

In 1999, in Abbeville County Sch. Dist. v. State, the South Carolina Supreme Court denied the state’s motion to dismiss, held plaintiffs had stated a valid claim under the state constitution's education clause, interpreted it to mean that the legislature must provide children with a “minimally adequate education,” and remanded the case for trial. 

After the trial, the lower court ruled in 2005 that the state’s failure to develop and fund early education intervention programs through at least grade 3 denied plaintiff schoolchildren their right to an education under the State Constitution. But, the court denied plaintiffs’ other requested relief regarding school buildings and quality teaching.  Both sides appealed the case to the South Carolina Supreme Court and oral argument was heard in 2008, but the court has yet to render a decision.

For more detailed information, email Education Justice.

“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.” S.C. Const. art. XI, § 3.

In Abbeville County Sch. Dist. v. State, the Supreme Court of South Carolina held that “the South Carolina Constitution's education clause requires the General Assembly to provide the opportunity for each child to receive a minimally adequate education,” 515 S.E.2d 535, 540 (1999), and defined this minimally adequate education “to include providing students adequate and safe facilities in which they have the opportunity to acquire:

1. the ability to read, write, and speak the English language, and knowledge of mathematics and physical science;
2. a fundamental knowledge of economic, social, and political systems, and of history and governmental processes; and
3. academic and vocational skills.” Id.

The trial court in Abbeville Cty. Sch. Dist. v. State ruled that the state’s failure to develop and fund early childhood intervention programs violates the constitutional standards for a minimally adequate education. A two-year pilot program of full-day preschool for at-risk four-year-olds has been implemented in response to this ruling. Both sides appealed the trial court’s ruling to the South Carolina Supreme Court, but a decision has yet to be issued.

Education Justice at Education Law Center submitted an amicus brief in Abbeville Cty. Sch. Dist. v. State which discussed the meaning of the state’s education article and the role of the courts in enforcing the state’s duty under that article, using decisions from courts in other states for guidance.

Education Law Center prepared an amicus brief in Abbeville Cty. Sch. Dist. v. State on behalf of the League of Women Voters of South Carolina and the South Carolina Conference of the National Association for the Advancement of Colored People, arguing that Pre-K programs for low income children are a necessary component of a constitutionally adequate system of education.

Half-Day Childhood Development Program

The 4K program is provided primarily through public schools, although districts may contract with private childcare and pre-K providers.  Private providers are required to meet 4K program regulations.  The state requires districts to have a comprehensive plan as to how to coordinate funding sources and programs related to early education.

The 4K program serves at-risk 4-year-olds.  3-year-olds may be served in programs that were serving this age group in 1984 when the legislation was enacted.

Children at risk of early school failure are identified based on a developmental screening tool together with additional district-defined criteria.

This is a half-day program which must meet at least 180 days during the school year.  There are supplemental programs in some districts that provide extended hours.

Child Development Education Pilot Program

CDEPP was created as a result of the lawsuit Abbeville County School District v. South Carolina. The court decision mandated that full-day pre-K be provided in certain circumstances. 

CDEPP is offered through the public schools, as well as private for profit, private non-profit, faith-based, Head Start, and other non-school district settings. The public school programs are administered through the state Department of Education, while non-school district programs are administered by the Office of First Steps to School Readiness.

The program is open to 4-year-olds from families eligible for Medicaid or with an income at or below 185% of the federal poverty level.

This program is a full-day, school year program.  Providers are encouraged to provide wraparound services for which they may charge tuition.

The 4K Program is primarily funded through appropriations of the General Assembly. Funding is required to be maintained at no less than the 1993-94 funding level. Districts receive allocations based on the number of kindergarten children eligible for free or reduced lunch.

CDEPP is also primarily funded through General Assembly appropriations. Parent fees may only be charged for childcare that is provided before or after the instructional day.

The state also funds the Early Childhood Assistance Program, which although primarily focused on kindergarten and above, does allow districts to use a portion of the funds to supplement its pre-K program.

Under the First Steps program, county partnerships distribute state, federal and private funds to public and private programs including funding some slots for the 4K Program, as well as extension to full-day and other services. The First Steps program requires a local match of 15%.

According to the National Institute for Early Education Research (NIEER), South Carolina served 38% of 4-year-olds and 3% of 3-year-olds in its state preschool programs in 2009-2010.

Quality Standards

Half-Day Childhood Development Program

The program meets an 6 out of the 10 NIEER benchmarks, consistent with the 6 benchmarks met in 2008-2008 and a decline from the 9 benchmarks met in 2007-2008, and 2006-2007.

The program requires that teachers have a Bachelor’s degree and specialized training in pre-K. The program has a limited class size, an appropriate student to teacher ratio, and screening and referral services.

The program does not require that teacher assistants have Child Development Associate credentials. Furthermore, the program no longer has a monitoring and site visit program as it did in 2007-2008, and no longer provides at least a meal a day to students as it did in 2006-2007.

Child Development Education Pilot Program

CDEPP meets 7 out of the 10 NIEER benchmarks which is a decline from 2007-2008 when it met 8 benchmarks.

The program does not require that teachers have a Bachelor’s degree or that teacher assistants have Child Development Associate credentials, failing these NIEER benchmarks. Also, CDEPP no longer offers screening and referral services as it did in the 2007-2008 year.

However, CDEPP does require that teachers have specialized training in pre-K, The program has a limited class size, and an appropriate student to teacher ratio.. In addition, CDEPP has a monitoring and site visit program and provides at least one meal a day to participants.

South Carolina requires the Department of Education to collect and analyze longitudinal data regarding student progress in order to evaluate the 4K Program. Districts and schools are also required to prepare annual assessments of their progress in improving early childhood education and the efficacy of the various initiatives.

South Carolina Code of Laws

South Carolina Code of Regulations

House Bill 

South Carolina Department of Education