Controversial rule to give state board control over books in SC schools now in effect

COLUMBIA, S.C. (WIS) - A controversial new rule that could restrict which books are allowed in South Carolina public schools is now in effect.

Its implementation has caught some state lawmakers by surprise because they say they never fully vetted it.

Earlier this year, the State Board of Education signed off on the regulation promulgated by the South Carolina Department of Education and sent it to the General Assembly. Lawmakers then had 120 days to approve or reject it, or else it would automatically kick in.

That time ran out Tuesday, so the rule is now in place, without a vote in the legislature or a full evaluation at the State House.

“We didn’t vet it because we thought it wasn’t going to go into effect, so that has surprised a lot of people, and I don’t like that,” Senate Majority Leader Shane Massey, R – Edgefield, said.

That’s because in previous years, a regulation like this one would not have automatically been implemented.

Before the General Assembly wraps up its regular legislative session each May, it passes an agreement that, among other provisions, typically includes language concerning regulations.

Usually, it allows regulations that have yet to hit that 120-day mark to expire when the session ends to stop them from automatically going into effect while the legislature is out of session.

But, somehow, that language got left out of this year’s agreement, which lawmakers say they did not realize until it was too late.

Massey chalks it up to an oversight — but a consequential one.

“I don’t think there was anything nefarious,” Massey said. “This regulation will matter, and the fact that it’s going to go into effect potentially without having been fully vetted, I think that’s a problem.”

The regulation allows the State Board of Education to have the final say in local disputes over what materials are appropriate, ranging from school library books to even those read by an afterschool student book club.

In a summary of the regulation, the South Carolina Department of Education said it was promulgated in response to “the current patchwork of district practices,” to establish “a clear, transparent, and uniform process that provides certainty for local educators, respects the legitimate prerogatives of parents, and protects students from materials that are not age or developmentally appropriate.”

Patrick Kelly of the Palmetto State Teachers Association said that is a worthwhile goal, but the definition of “age appropriate,” he said, is too vague.

“Any description or depiction of sex in a book would make it age-inappropriate for all grade levels under this regulation,” Kelly explained.

Those kinds of descriptions or depictions, Kelly noted, can be found in the Bible and classics like “To Kill a Mockingbird” and “The Scarlet Letter.”

“My fear is that these particular classic works will get caught by this unnecessarily wide net because the regulation didn’t get refined as much as it should’ve,” Kelly said.

Under the new rule, the State Board sets a statewide policy with its rulings.

So, for example, if it determines a book is inappropriate for students of all ages, stemming from a challenge in a single district, that book is not allowed on shelves in any school across the state, affecting all South Carolina students and teachers.

This regulation will be in place when the new school year begins in a few months.

Massey said if there are issues with it, the General Assembly can fix them when it returns for a new legislative session, but that won’t be until January.

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