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South Carolina · state guide

Starting and running a small school in South Carolina

A church-related school opens with no state approval at all, every school keeps immunization certificates and files a 45-day summary, and the ESTF pays nonprofits only: $7,634 in four quarters through ClassWallet.
10 cited requirements · 8 dated deadlines · 24 sources. Every claim is as of , the oldest reading date on this page.

In short

South Carolina's compulsory attendance law is the whole of its private school regulation. A parochial, denominational or church-related school, or a member of SCISA, SCACS or a similar association, satisfies it with no state approval; a secular unaffiliated school needs a State Board approval the regulations never describe. Two standing duties bind every school: keep a Certificate of Immunization for each child and file the 45-day School Summary of Student Immunization Status, and answer the county superintendent's request for pupil, attendance and teacher counts. The Education Scholarship Trust Fund pays nonprofit independent schools $7,634 per student in 2026–27, in four quarterly deposits, through parent-initiated ClassWallet payments against a seven-field invoice.

How South Carolina classifies a school like yours

This is the fork everything else hangs off. Get it wrong and every deadline below is the wrong set of deadlines.

  • Church-related or association-member private school

    Section 59-65-10(A) lets a parent satisfy compulsory attendance with “a parochial, denominational, or church-related school,” or “a member school of the South Carolina Independent Schools' Association, a member school of the South Carolina Association of Christian Schools, or some similar organization.” No registration, licence, approval or accreditation follows from the state; the association sets whatever standards it sets. Attendance runs from the school year in which the child is five before 1 September until the seventeenth birthday or graduation, and a parent may opt a child under six out of kindergarten in writing with the district.

    S.C. Code § 59-65-10(A) · last read 19 October 2026

  • State Board-approved private school

    The same subsection's other route: “a public or private school or kindergarten of this State which has been approved by the State Board of Education,” or “other programs which have been approved by the State Board of Education.” Chapter 43 of the South Carolina Code of Regulations, the State Board's rules, contains no standard or procedure for approving a private school, and the Department's site offers none; the ESTF statute nonetheless requires an independent school “to meet the compulsory attendance and State Board of Education approval requirements in Section 59-65-10.”

    S.C. Code § 59-65-10(A); S.C. Code Regs. Chapter 43 (State Board of Education), read for the absence of a private-school approval rule; § 59-8-140(A)(2) · last read 19 October 2026

  • Home school under an association

    A parent may teach at home with the district board's approval (§ 59-65-40), under the South Carolina Association of Independent Home Schools (§ 59-65-45), or “under the auspices of an association for home schools which has no fewer than fifty members” (§ 59-65-47). It is a per-family status. An ESTF parent attests not to be in any of the three home-instruction programs, so a school that serves scholarship students is not a home school co-operative.

    S.C. Code §§ 59-65-40, 59-65-45, 59-65-47; § 59-8-115(D)(4)(e) · last read 19 October 2026

The requirements, each cited to its source

10 requirements, grouped by the kind of duty they are. Each links to the statute, rule or agency document it was read in, with the date it was read there.

What the statute requires

  • A church-related school needs no approval; a secular one needs an approval the state never defines

    The compulsory attendance section names the schools that count: one “approved by the State Board of Education,” a member of the South Carolina Independent Schools' Association or the South Carolina Association of Christian Schools “or some similar organization,” “a parochial, denominational, or church-related school,” or another State Board-approved program. There is no separate private-school statute, no registration and no licence. The penalty for a parent whose child does not attend is a fine of up to $50 or thirty days, each day a separate offence.

    Where this is unsettled: No regulation or Department page read for this page sets out how the State Board approves a private school. A church-related school or an association member never meets the question. A secular school without an association does, and the ESTF statute makes the § 59-65-10 approval requirement a condition of taking scholarship money, so settle it with the Department before applying.

    S.C. Code § 59-65-10(A); § 59-65-20 · last read 19 October 2026

  • Report pupils, attendance and teachers to the county superintendent on request, within two weeks of the session's close

    “All private schools shall report to the county superintendent of education, upon request therefor of the county wherein such school is located, the number of pupils receiving instruction, the number in regular attendance, the number of teachers employed and such other facts as will show the grade and amount of educational work actually done in such private school.” Management that neglects the report “within two weeks after the close of the regular session” faces a fine of up to $25. The attendance article adds that the district takes a census of unenrolled children within thirty days of opening and that “all principals shall report to such attendance supervisor on continuous absences which appear to be unwarranted.” Nothing read for this page requires a private school to keep a daily attendance register; both duties presuppose one.

    S.C. Code § 59-13-130; §§ 59-65-240, 59-65-260 · last read 19 October 2026

  • School teachers, counselors and principals are mandated reporters, public or private

    Section 63-7-310(A) lists “school teacher, counselor, principal, assistant principal, school attendance officer” among the persons who must report when, in a professional capacity, they have reason to believe a child has been or may be abused or neglected, with no public-school limitation. A person who reports to a supervisor or the head of school “is not relieved of his individual duty to report,” and an internal investigation does not supersede it. Reports go orally or otherwise to the county Department of Social Services or a law enforcement agency where the child lives or is found.

    S.C. Code § 63-7-310(A), (C), (E) · last read 19 October 2026

What you file, and with whom

  • Forty-five days after the school year begins: the School Summary of Student Immunization Status

    “Forty five (45) calendar days after the beginning of each school year, school principals must submit to the local health department, on forms provided by the Department, the numbers of students admitted to school with South Carolina Medical Exemptions, South Carolina Certificates of Religious Exemption, and South Carolina Certificates of Special Exemption.” The Department of Public Health's page says public and private schools complete the School Summary of Student Immunization Status, which counts students adequately protected, and publishes a 45-Day Report of schools with required certification each year. Department representatives audit school records for compliance. The regulation was transferred and renumbered 60-8 when the Department of Public Health took it over in May 2025; the statute still calls it 61-8.

    S.C. Code Regs. 60-8 §§ III–IV (SCSR 49-5, Doc. No. 5352, eff. 23 May 2025); S.C. Department of Public Health, School Vaccination Coverage Data · last read 19 October 2026

What you have to keep

How this part is kept in Pearspark: attendance is a register per school year, immunizations are tracked against the list your state sets, enrollment and withdrawal dates sit on the student record, and each student's permanent records stay retrievable by the family and by a receiving school even if the school closes. How records work.

  • No child in without a Certificate of Immunization, a copy in the child's record, and a single 30-day special exemption

    No principal or school board “may admit as a pupil or enroll or retain a child or person who cannot produce satisfactory evidence of having been vaccinated or immunized,” and “records of vaccinations or immunizations must be maintained by the institution, school, or day care facility.” The regulation makes the evidence a South Carolina Certificate of Immunization signed by a licensed physician or an authorised representative, presented on admission and whenever the schedule adds a dose, with a copy kept in the child's record. Exemptions are medical (on the certificate, permanent or temporary), religious (on a certificate obtained only from the local health department), or special: the principal may sign a Certificate of Special Exemption for a transfer student awaiting records or a student unable to get immunised, once, valid thirty calendar days from enrollment. Violation of § 44-29-180 is a misdemeanour, up to $200 or thirty days.

    S.C. Code § 44-29-180(A), (C)–(D); § 44-29-190; S.C. Code Regs. 60-8 §§ I–II · last read 19 October 2026

School-choice program conditions

  • The ESTF pays $7,634 for 2026–27 in four quarterly deposits, only to a nonprofit independent school

    The statute set $7,500 per scholarship student for 2025–26 and indexes each later year to “the percentage increase in the average per pupil funding from state sources” unless the appropriations act says otherwise; the Department's 2026–27 Provider Guide states $7,634, deposited in four instalments of $1,908.50 on or before 31 July, 30 September, 31 December and 28 February. An “eligible school” is a South Carolina public school or “a nonprofit South Carolina independent school where a student is enrolled full time,” never a charter school and never a school in which a legislator or a legislator's immediate family has a financial interest; the Guide says independent schools “must be organized as non-profit organizations.” The program is capped at 15,000 students for 2026–27, and the Department closed applications when it reached the cap. A student in the ECENC program is not eligible.

    S.C. Code § 59-8-110(3)–(4); § 59-8-120(C), (E); § 59-8-135; S.C. Department of Education, Education Service Provider Guide 2026–2027 (updated May 2026) · last read 19 October 2026

  • Before each quarterly deposit the Department checks the student is not in the resident public school at the 45-, 90-, 135- and 170-day counts

    The trustee pays each account quarterly, first by 31 July. “Prior to depositing each payment into the student's online account, the department shall verify that the student is not enrolled as a full-time student in his resident school using the forty-five, ninety, one hundred thirty-five, and one hundred seventy day student counts and provide that information to the trustee.” The verification is the Department's, against public school membership counts, not a filing by the private school. Providers “may not refund, rebate, or share a student's scholarship funds directly with a parent or the scholarship student,” and parents are never reimbursed for out-of-pocket spending. If a student's program ends and does not resume within thirty days the parent notifies the Department and the balance reverts to the fund; unused money rolls over for a student who re-qualifies.

    S.C. Code § 59-8-120(E)–(G); § 59-8-125(A), (F); § 59-8-130 · last read 19 October 2026

  • Provider duties: a seven-field machine-generated invoice, a surety bond at $50,000, background checks, an occupancy permit

    Every education service provider complies with health and safety codes, holds an occupancy permit if the municipality requires one, does not discriminate on race, color or national origin, and must “conduct and maintain records of completed criminal background checks on employees”; a provider that is not an accredited or licensed school sends the documentation with its first application. It gives parents an invoice for services or a receipt for goods, and demonstrates financial viability “by filing a surety bond with the department prior to the start of the school year if they are to receive fifty thousand dollars or more during the school year,” and after the first year if it exceeded $50,000 the year before. The Guide's invoice carries the provider's name and address, the student's name, the parent's name, the date of invoice, the date of service, the type of service and the total due; students listed separately; “no handwritten documents will be accepted.” The parent pays through ClassWallet's Pay Vendor, every payment is reviewed, and settlement reaches the school's bank account in 2 to 10 business days. Billing cadence is the provider's: weekly, monthly or quarterly. Enrollment, registration, technology, supply and testing fees are approved school charges; food, field trip, fundraising, graduation and child care fees are not.

    S.C. Code § 59-8-150(A)–(B); S.C. Department of Education, Education Service Provider Guide 2026–2027 · last read 19 October 2026

  • Testing from grade 3, results to the Department every year, and reapplication with scores or removal

    A provider giving full-time instruction ensures every scholarship student in grades 3 through 8 takes the state summative assessment or an approved alternative, or instead a nationally norm-referenced summative assessment each year or a Department-approved formative assessment three times a year, aligned to state standards with a linking study; students in grades 9 through 12 take a Department-approved norm-referenced, formative or college-and-career-readiness assessment. Students whose IEP cannot be accommodated by standardised testing are excluded, and students with significant cognitive disabilities are monitored through portfolios. Parents receive a written report comparing the student to other South Carolina students; results go to the Department annually, disaggregated by grade, gender, family income, race and English-learner status; the Department trains the provider and pays the testing costs. A provider reapplies every year, certifying it still meets the requirements, and “if individual student test score data is not submitted, then the department shall remove the education service provider from the program.” The Education Oversight Committee publishes a school-level report where at least 51 percent of enrolled students, or thirty students with scores, are in the program.

    S.C. Code § 59-8-140(A)(3); § 59-8-150(C), (E)(2) · last read 19 October 2026

  • The other program, ECENC, requires an association membership and a 1 March reapplication; no student may hold both

    The Educational Credit for Exceptional Needs Children's Fund pays grants of up to $11,000 or tuition, whichever is less, to exceptional needs children at an “eligible school”: an independent school, religious or not, at which § 59-65-10 may be met, that offers a general education, does not discriminate on race, color or national origin, is in the state, teaches the diploma curriculum and tests students at progressive grade levels, has facilities subject to law, “is a member in good standing of the Southern Association of Colleges and Schools, the South Carolina Association of Christian Schools, the South Carolina Independent Schools Association, or Palmetto Association of Independent Schools,” and provides a program or resource centre for exceptional needs students. A participating school reapplies to the Education Oversight Committee by 1 March and sends the previous year's test scores by 30 June or is removed; a student who leaves without re-enrolling within thirty days triggers a prorated refund to the charity within sixty days. An ESTF “eligible student” excludes a student in this program.

    S.C. Code § 12-6-3790(A)(1), (C)(1)–(3), (E)(1); § 59-8-110(4) · last read 19 October 2026

The dates

Most of these bind only some schools, so read the “applies to” line before putting one in your calendar. Several bind the family rather than the school.

  • 45 calendar days after the beginning of each school year

    The School Summary of Student Immunization Status, with the counts of medical, religious and special exemptions, to the local health department.

    Applies to:
    Principals of public and private schools
    If it slips:
    Non-compliance with Regulation 60-8; the Department audits school records and publishes the 45-Day Report of schools with required certification.

    S.C. Code Regs. 60-8 §§ III–IV · last read 19 October 2026

  • Within two weeks after the close of the regular session, when the county asks

    The number of pupils, the number in regular attendance, the number of teachers and the educational work done, to the county superintendent of education.

    Applies to:
    All private schools
    If it slips:
    A fine of up to $25 on the school's management.

    S.C. Code § 59-13-130 · last read 19 October 2026

  • 30 calendar days from enrollment

    A Certificate of Special Exemption expires; the student presents a valid Certificate of Immunization, Medical Exemption or Religious Exemption.

    Applies to:
    Any school that signs a Certificate of Special Exemption
    If it slips:
    The school may not retain a child who cannot produce satisfactory evidence of immunization.

    S.C. Code § 44-29-180(A), (D) · last read 19 October 2026

  • Before the start of the school year

    A surety bond filed with the Department.

    Applies to:
    ESTF providers that will receive $50,000 or more in the school year, or exceeded $50,000 the year before
    If it slips:
    A statutory condition of participation; the Department may bar a provider that fails its accountability standards.

    S.C. Code § 59-8-150(B)(2); § 59-8-140(C) · last read 19 October 2026

  • By 31 July, 30 September, 31 December and 28 February

    The four quarterly deposits of $1,908.50 into each scholarship account for 2026–27.

    Applies to:
    ESTF scholarship accounts, and the schools they pay
    If it slips:
    Not a duty: a cash-flow fact. Each deposit waits on the Department's check that the student is not in the resident public school.

    S.C. Department of Education, Education Service Provider Guide 2026–2027; S.C. Code § 59-8-120(E)–(F) · last read 19 October 2026

  • Each year, on reapplication

    Certify that the school still meets every program requirement and submit the previous school year's test score data.

    Applies to:
    ESTF providers that administer academic testing
    If it slips:
    Removal from the program.

    S.C. Code § 59-8-140(A)(3) · last read 19 October 2026

  • 1 November

    The early application window opens for current ESTF participants and their siblings, then priority and general windows, on a rolling basis until capacity.

    Applies to:
    ESTF families
    If it slips:
    The family's deadline, not the school's; the 2026–27 application closed when the 15,000-student cap was reached.

    S.C. Code § 59-8-115(A)–(B); § 59-8-135 · last read 19 October 2026

  • 1 March, then 30 June

    ECENC reapplication to the Education Oversight Committee; the previous year's test score data.

    Applies to:
    Independent schools in the ECENC program
    If it slips:
    Removal from the list of eligible schools, and contributions to the school no longer qualify for the credit.

    S.C. Code § 12-6-3790(E)(1), (E)(4) · last read 19 October 2026

The school-choice money, and what taking it costs you

Education Scholarship Trust Fund (ESTF)

What it pays

$7,634 per student for 2026–27. The statute set $7,500 for 2025–26 and indexes it to the rise in average per-pupil state funding unless the appropriations act says otherwise. Paid into the student's account in four quarterly deposits of $1,908.50 on or before 31 July, 30 September, 31 December and 28 February. Capped at 15,000 students for 2026–27; the application closed when it filled. Household income up to 500 percent of the federal poverty guidelines from 2026–27.

Current-year figures: South Carolina ESTF program site (current-year award and provider guides).

How the money actually moves

The Department approves the school as an education service provider; the school then registers with ClassWallet and links a bank account. The parent initiates every payment with the school's invoice through ClassWallet's Pay Vendor; the Department reviews it; ClassWallet pays by ACH, settling in 2 to 10 business days. There is no reimbursement path and no school-initiated draw. Each invoice carries the provider's name and address, the student's name, the parent's name, the invoice date, the date of service, the type of service and the total due, machine-generated, one student per line. Billing cadence is the provider's choice: weekly, monthly or quarterly. Before each quarterly deposit the Department confirms the student is not enrolled full time in the resident public school at the 45-, 90-, 135- and 170-day counts. A provider may not refund, rebate or share scholarship funds with the family.

What a school must be before it can take any

A nonprofit South Carolina independent school, located in the state, teaching the courses in the state's diploma requirements and meeting § 59-65-10's compulsory-attendance and State Board approval requirements. Then the § 59-8-150 duties: health and safety codes, an occupancy permit if the municipality requires one, no discrimination on race, color or national origin, criminal background checks on employees with records kept (an unaccredited, unlicensed school sends the documentation with its first application), invoices or receipts for every expense, a surety bond filed before the school year if it will receive $50,000 or more (after the first year, if it exceeded $50,000 the year before), annual testing in grades 3 through 12 with results to the Department, and yearly reapplication with the previous year's test scores. A school in which a legislator or a legislator's immediate family has a financial interest is excluded.

S.C. Code §§ 59-8-110, 59-8-120, 59-8-140, 59-8-150, as amended by 2025 Act No. 11 (S.62) · last read 19 October 2026

Checked, and it does not bind you

Duties commonly assumed to reach private schools in South Carolina that, read in the source, do not. Knowing what you don't have to do is worth as much as knowing what you do.

  • State registration, licensing or accreditation of a private school. Nothing in the attendance chapter requires it, and a parochial, denominational or church-related school satisfies compulsory attendance as it stands.

    S.C. Code § 59-65-10(A) · last read 19 October 2026

  • State-certified teachers. No statute or regulation read for this page requires a private school teacher to hold a South Carolina certificate; Chapter 43 of the Code of Regulations mentions a “nonpublic school educational setting” only to say how a certificate holder employed there keeps the certificate.

    S.C. Code Regs. Chapter 43 (State Board of Education) · last read 19 October 2026

  • State testing, unless the school takes ESTF or ECENC money; each program brings its own testing duty.

    S.C. Code § 59-8-150(C); § 12-6-3790(A)(1)(d) · last read 19 October 2026

What this page does not answer

The research behind this page recorded what it could not confirm as carefully as what it could. None of the following claims that no requirement exists. Each says that no primary source for one was read.

Open questions

  • How the State Board “approves” a secular private school for § 59-65-10. No regulation in Chapter 43 and no Department page describes the process, yet § 59-8-140(A)(2) requires an ESTF school to meet “the State Board of Education approval requirements in Section 59-65-10.” A church-related school or an SCISA or SCACS member sidesteps the question; a secular, unaffiliated school does not.
  • Daily attendance records. No statute read imposes a daily register on a private school; § 59-13-130 and § 59-65-260 presuppose that attendance counts and absence reports exist.
  • Fire and building inspections for private schools. Nothing was found in the fire marshal chapter read (Title 23, Chapter 9); the ESTF statute uses the municipal occupancy permit as its proxy.
  • The surety bond amount. Section 59-8-150(B)(2) sets the $50,000 trigger but no bond amount, and the Department's provider application was not read.
  • What the “initial enrollment verification” the Provider Guide mentions asks of the school, and whether anything is asked each quarter beyond invoices; the statute puts the quarterly verification on the Department.
  • Records when a school closes. Nothing was found; § 59-8-155 covers only the public district's copy of a scholarship student's records.

Zoning

Not covered. This research is state statute and administrative rule only, and zoning for a small school is a municipal question: a use classification, an occupancy threshold and a conditional-use process, all set by city ordinance. Rather than extrapolate, we have left it out. Ask your city's planning department which use classification applies to a school of your size in your building.

How to read what is here

  • Regulation 60-8 was transferred from 61-8 and amended effective 23 May 2025 when the Department of Public Health took it over; § 44-29-180(C) still cites 61-8. The text was read in the official Chapter 60 PDF on scstatehouse.gov and in the Department of Public Health's copy; both carry the 45-day rule.
  • The ESTF statute was rewritten by 2025 Act No. 11 (S.62), effective 7 May 2025, after Eidson v. South Carolina Department of Education struck the earlier version; everything here is the post-2025 text. The Provider Guide is the 2026–2027 edition, updated May 2026.
  • The ECENC program is summarised from § 12-6-3790 only; the Education Oversight Committee's manual was not read for this page.

Sources

Every source cited on this page, with the date it was last read.

The rest of the decision, once the rules are settled

Regulation is the first question a founder has and rarely the last.

Another state

11 states are covered so far, chosen on search demand and school-choice program size. The other 39 are not: we would rather leave a gap than publish a page we haven't researched.

The record-keeping half, once you're open

Attendance registers, immunization evidence and permanent records that outlive the school, all included from day one. Your first 30 days are free.