Proposed in the end of 2023, with a public hearing on February 13, 2024, the regulation was described as “...[a] uniform procedure for selection or reconsideration of instructional materials.” Materials in the public school systems are subject to the following criteria: are they age and developmentally appropriate, are they educationally suitable, and are they aligned with the purpose of South Carolina’s instructional program (South Carolina State Board of Education, 2023).
The regulation has the additional goal of instituting a uniform process for local school boards to review and hold public hearings regarding complaints raised within its district, as well as the implementation of an appeal process for the State Board of Education to follow (South Carolina State Board of Education, 2023).
The need for this proposed regulation arose from state legislators, parents, educators, administrators, and communities who were struggling to navigate questions and concerns about the selection and collection development of age-appropriate, educationally suitable materials for K-12 students in public schools. The lack of clear standards, universal definitions, and established processes and procedures for challenges as well as open discussions led to the early stages of this regulation (South Carolina State Board of Education, 2023).
For the clarification of terminology:
“Age appropriate” is defined by topics, messages, and teaching methods suitable to ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group;
“Instructional programs” is defined as the courses, actives, and programs that are offered, supported or sponsored by a public school
“instructional materials” is defined as materials used in the classroom, made available in a school library/media center, or included on reading list, whether adopted and or/purchased from state-adopted instruction material list, adopted and or purchased through a distinct instructional materials program, or otherwise purchased, donated to the school, or made available to students through other means, including but not limited to digital platforms (South Carolina State Board of Education, 2023).
The Regulation received automatic approval on August 1, 2024, after lawmakers failed to bring the vote this past session. Parents are split in regards to the decision according to Frost (2024), with some in support “...[a] uniform policies help put guardrails in place so everyone know what the expectation is” (Christi Rhom Dixon, Lexington County Moms for Liberty), while there is those who see the regulation as vague “...Superintendent Ellen Weaver has handed a blunt instrument to her ideological allies in the pro-censorship lobby” (ACLU Executive Director Jace Woodrum).
The vague guidelines are also going to make it difficult for teachers to interpret not only the regulation but the new guidelines, according to Palmetto State Teachers Association’s Patrick Kelly, “...an undefined standard of age appropriateness or under defined standard... is going to lead to a lot of teacher leaving this profession at a moment where our children just can’t afford it” (WLTX News 19, 2024).
References
South Carolina State Board of Education. (2023). R.43-170. Uniform Procedure for Selection or Reconsideration of Instructional Materials [Review of R.43-170. Uniform Procedure for Selection or Reconsideration of Instructional Materials]. In ACLUSC. State Register. https://www.aclusc.org/sites/default/files/field_documents/sbe01_attachment_r_43-170_uniform_procedure_for_selection_or_reconsideration_of_instructional_materials.pdf
WLTX News 19. (2024, June 25). “Book banning” rule goes into effect in South Carolina schools (J. Frost, Ed.) [Review of “Book banning” rule goes into effect in South Carolina schools]. News19; WLTX19+. https://www.wltx.com/article/news/local/book-banning-regulation-goes-into-effect-sc-schools/101-705238f0-7c44-4aa1-85a0-7c11b92b7d24