[complete report]

LAW

Year Passed

1996; last amended in 2007.

Rank

20th weakest of the nation's 41 charter laws.

Grade

C

GENERAL DATA

• School districts foster highly contentious relationships with charters

• Addition of semi-independent authorizer was intended to bypass this, but state funding formula limits growth

• Newly elected governor supportive of charter growth

INDEPENDENT OR MULTIPLE AUTHORIZERS - YES (2)

Approval

School boards. South Carolina Public Charter School District (SCPCSD) for new starts only. School boards are given authority to appeal decisions by the SCPCSD.

Appeal

Yes. Applications denied by the school board may be appealed to the State Board of Education.

NUMBER OF SCHOOLS ALLOWED

Cap

No cap

OPERATIONAL AUTONOMY

State

Yes.Most schools receive a blanket waiver. SCPCSD is its own LEA and may create and modify rules as necessary. Virtual schools are allowed. Management contracts with ESPs are not restricted.

Local

Limited. The language in the law permits the district to negotiate a variety of services with charters, which gives the district excessive control. Local program funding often carries operational restrictions.

Teacher Freedom

Yes for new starts. Teachers may remain covered by district policy, negotiate as separate unit with charter school governing body, or work independently. No for conversions. Teachers remain covered by the district employment policy. For new starts, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution.

EQUITY

Student Funding

• SCPCSD-authorized schools receive only state and federal funds. The average SCPCSD school receives $3,400 per student.

• Complex formula involving more than 33 budget categories allow school district manipulation.

• Funds pass through the district.

"A local school board of trustees sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: the previous year's audited total general fund revenues, divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. (B) The South Carolina Public Charter School District shall receive and distribute state funds to the charter school as determined by the following formula: the current year's base student cost, as funded by the General Assembly, multiplied by the weighted students enrolled in the charter school, which must be subject to adjustment for student attendance and state budget allocations. These state funds are in addition to other funds to be received and distributed by the South Carolina Public Charter School District pursuant to subsections (C) and (D) of this section and Section 59-40-220(A). However, the South Carolina Public Charter School District may not retain more than two percent of its gross revenue for its internal administrative and operating expense" [S.C. Code Ann. § 59-40-140]

Facilities Funding

None