Bill
H 3862
Charter admissions must give returning students priority; optional, capped preferences (siblings, staff/board children, military dependents) may be used with lottery fallback.
Status and scope
- Amends South Carolina Code § 59‑40‑50(B)(8) to clarify and expand permitted enrollment preferences for public charter schools.
- Originated as a bill in early 2025, amended several times, approved by the General Assembly, signed by the Governor on 2025‑05‑12, and became Act No. 47 effective 2025‑05‑12.
Purpose and intent
- To specify which targeted enrollment preferences charter schools may use (and limits on those preferences), to require a returning‑student preference, and to establish rules for students eligible for multiple preferences so charter lotteries operate fairly and predictably.
Key provisions and changes
- Non‑discrimination baseline: retains the existing prohibition on limiting/denying admission or showing preference to groups, except for single‑gender charter schools (where gender may be used).
- Mandatory returning‑student preference: a charter school must give preference to students who were enrolled the previous school year. Returning students are excluded from any lottery for admission.
- Enumerated optional preferences (charter may give priority by admitting the student without a lottery):
- Siblings of currently enrolled pupils or those who attended within the last six years for at least one full academic year.
- Children of charter school employees and children of charter school committee members — capped so that these priority categories collectively do not exceed 20% of total enrollment.
- Dependents of active‑duty military members residing or stationed in the state — final enacted language caps this preference at not more than 10% of total enrollment (earlier drafts used 20%). Dependents remain subject to the enrollment provisions of § 59‑63‑33.
- Military‑installation exception: charter schools located on a federal military installation and using base facilities as their principal location may give priority to dependents living in base housing or stationed at the base up to 50% of total enrollment. This 50% priority is in addition to other priorities, but no child may be counted more than once when calculating percentage caps.
- Multiple‑preference rule: if a student qualifies for more than one preference, the school may enroll the student under only one preference (school’s discretion). If a student’s preference is denied because the school has exceeded allowed preference caps, the student must be allowed to enter any enrollment lottery held that year.
- Alternative Education Campus: such charter schools may give mission‑aligned preference to educationally disadvantaged students as defined in their charter and allowed under ESSA.
Who is affected
- Charter schools (their admissions policies and enrollment management).
- Families and students: returning students, siblings of enrolled pupils, children of charter staff or board members, children of active‑duty military (including military housing on bases), and students who qualify for multiple preferences.
- Charter operators/sponsors will need processes to track preference categories and enforce percentage caps.
Procedural/timeline notes
- Multiple committee reviews and amendments occurred between January and April 2025.
- Committee reports: Favorable (Education / Education & Public Works).
- House and Senate votes were unanimous in recorded roll calls shown; Senate concurred; signed by Governor 2025‑05‑12; effective the same date as Act No. 47.
Potential impacts to consider
- Administrative: charter schools must track counts for capped preference categories and implement a clear process for resolving multiple‑preference cases and for conducting lotteries when preferences are denied.
- Enrollment composition: returning‑student and staff/board caps may reduce the number of lottery seats available to new applicants; the military installation exception can meaningfully change school demographics where applied.
- Equity/legal: the law preserves broad nondiscrimination protections while carving specified, limited preferences; schools should ensure compliance with state and federal law (including ESSA and § 59‑63‑33 for military dependents).
Compiled from official sources — confirm details with the bill’s official record.
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