Public Notice Guide: Education

Advertisement of the issuance and results of report cards
59-18-930

The school in affiliation with the school district shall place an advertisement of the results of a school’s report card in at least one South Carolina daily newspaper of general circulation in the area. The publication shall occur within ninety days after the report cards have been received by The State Department of Education. The notice must be a minimum of two columns by ten inches and contain a twenty-four point bold headline.

Section
Notice
Where
When
59-18-930
An advertisement of a school’s report card. The notice must be a minimum of two columns by ten inches and contain a twenty-four point bold headline.
A daily South Carolina newspaper with general circulation in the area
Within ninety days once the report cards have been issued and received.

Exact wording:

“(A) The State Department of Education annually shall publish on its website home page the report card to all schools and districts of the State no later than November fifteenth, for the 2016-2017 and 2017-2018 School Years. To further increase transparency and accountability, for the 2018-2019 School Year, the school’s report card must be furnished to parents and the public no later than October first. For the 2019-2020 School Year, and every subsequent year, the school’s report card must be furnished to parents and the public no later than September first. The home page report card must be capable of being downloaded into a portable document format (PDF) and must contain National Assessment of Educational Progress (NAEP) scores or other national scores or comparisons, if available. The report card summary must be made available to all parents of the school and the school district.

(B) The school, in conjunction with the district board, also must inform the community of the school’s report card by advertising the results in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within forty-five days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline.

Notice to parents of the review and revision of an improvement plan
59-18-1500

A notice must be given to the parents of any students in a school that has ratings below average or unsatisfactory in reference to an improvement plan. This shall be given by publication in a South Carolina daily newspaper of general circulation in the area within ninety days of the issuance and receiving of report cards by The State Board. The notice must be a minimum of two columns by ten inches and contain a twenty-four point bold headline and needs to contain the name of the school district, name of the superintendent, district office telephone number, name of the school, name of the principal, the school’s telephone number, the school’s absolute performance rating along with the improvement rating and a description of the steps that will be taken to improve these ratings.

Section
Notice
Where
When
59-18-1500
A notice to the parents of students in a school that has ratings below average or unsatisfactory in reference to an improvement plan. The notice must be a minimum of two columns by ten inches and contain a twenty-four point bold headline and needs to contain the name of the school district, name of the superintendent, district office telephone number, name of the school, name of the principal, the school’s telephone number, the school’s absolute performance rating along with the improvement rating and a description of the steps that will be taken to improve these ratings.
A South Carolina daily newspaper of general circulation in the area
Within ninety days of the issuance of report cards by The State Board and receipt by the school

Exact wording:

“(4) The school, in conjunction with the district board, must inform the parents of children attending the school of the ratings received and must outline the steps in the revised plan to improve performance, including the support which the board of trustees has agreed to give the plan. This information must go to the parents no later than February first. This information also must be advertised in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline. The notice must include the following information: name of school district, name of superintendent, district office telephone number, name of school, name of principal, telephone number of school, school’s absolute performance rating and growth performance rating on student academic performance, and strategies which must be taken by the district and school to improve student performance.

A notice of the public sale of bonds
59-53-161

If the State Board of Technical and Comprehensive Education elects to sell bonds at a public sale then advertisement of this sale must be made. The advertisement needs to be in a form of a public notice of sale in a financial paper in New York City or some newspaper of general circulation in the state of South Carolina. The notice shall be placed no less than seven days prior to the date set for opening bids.

Section
Notice
Where
When
59-53-161
An advertisement for the public sale of bonds by the State board
A financial paper in New York City or some newspaper of general circulation in the state of South Carolina
At least once seven days prior to the date set for the opening of bids

Exact wording:

“All bonds shall be disposed of in such manner as the board shall determine, except that no sale, privately negotiated without public advertisement, shall be made unless the approval of the State Fiscal Accountability Authority shall be obtained. If the board shall elect to sell the bonds at public sale, at lease one advertisement thereof shall appear either in a financial paper published in New York City, or some newspaper of general circulation in South Carolina, not less than seven days prior to the occasion fixed for the opening of bids.”


School Bonds

A notice of an election in reference to the School Bond Act
59-71-50

Authorities of operating school units are authorized to issue general obligation bonds as long as an election is held for the issuance of these bonds. The notice shall be published in some newspaper published in the county where the units are located and placed at least once not less than fifteen days prior to the date set for such election. The notice needs to contain the reason for the election, the location where polling places may be found, voting qualifications, the amount of bonds that will be issued and brief description of the purpose for these selling of these bonds.

Section
Notice
Where
When
59-71-50
A notice of the holding of an election for the issuance of general obligation bonds
Some newspaper published in the county where the operating school units are located
At least once not less than fifteen days prior to the date set for such election

Exact wording:

“Notice of the holding of such an election shall be given by publication thereof, in some newspaper published in the county wherein the operating school unit is located, at least once not less than fifteen days prior to the occasion set for the holding of such election. If the operating school unit lies partly in one county and partly in another the publication required by this section shall be made in both counties. Such notice shall state: (1) The occasion of the holding of the election; (2) The location of the several polling places; (3) The qualifications imposed upon persons desirous of voting; (4) The amount of bonds to be issued; and (5) A brief description of the purpose for which the proceeds of the bonds shall be applied.”

Sale of bonds in reference to operating school units
59-71-130

If a public sale of these general obligation bonds takes place a notice of the sale must be published in a newspaper having general circulation in the State of South Carolina or in a financial paper in New York City. If the board of trustees or the commission in that particular district has the right to decide if publication in both papers is seen fit. The notice shall be placed no less than ten days prior to the date set for the sale.

Section
Notice
Where
When
59-71-130
Sale of general obligation bonds in terms of operating school units
A newspaper having general circulation in the State of South Carolina or in a financial paper in New York City or if seen fit by authorities, both
Not less than ten days prior to the date set for the sale

Exact wording:

“The bonds shall be sold at public sale, after advertisement of such sale in a newspaper having general circulation in the State or in a financial publication published in the city of New York or, in the discretion of the authorities, in both such publications. Such advertisement shall appear not less than ten days prior to the occasion set for such sale. The bonds may be disposed of at private sale if there are no bids received or if all bids are rejected. The provisions of this section shall not prevent a sale at private sale to the United States of America or any agency thereof.”

Sale of State School Bonds
59-71-530

State school bonds, excluding ones for the purpose of purchasing bus equipment, shall be sold by sealed proposals by the Governor and State Treasurer. Publication of the sale must be placed at least once ten days prior to the sale in a newspaper of general circulation in the State or in a financial paper in New York City that publishes state or municipal bonds.

Section
Notice
Where
When
59-71-530
A notice of the sale of State School Bonds
A newspaper of general circulation in the State or in a financial paper in New York City that publishes state or municipal bonds.
At least once, ten days prior to the sale of the bonds

Exact wording:

“State school bonds whose proceeds are to be applied exclusively to the purchase of school bus equipment may be privately placed, if the terms and conditions of such disposition shall be approved by resolution duly adopted by the State Fiscal Accountability Authority.

All other State school bonds shall be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such sale one or more times at least ten days before such sale, in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds shall be awarded to the highest bidder at a price not less than par and accrued interest to the date of delivery, but the right shall be reserved to reject all bids and to readvertise the bonds for sale.

For the purpose of bringing about successful sales of such bonds, the Board may do all things ordinarily and customarily done in connection with the sale of State or municipal bonds. All expenses incident to the sales of such bonds shall be paid from the proceeds of the sale of such bonds.”


School Taxes

Petition for and notice of election for school taxes
59-73-40

The county board may order the board of trustees of a school district to hold an election in that district. A notice of the time and place must be given by the board of trustees for at least two weeks in a newspaper published within the county. If there is no such newspaper in the county then posting in three public places will be sufficient.

Section
Notice
Where
When
59-73-40
A notice of an election by a board of trustees of a school district
A newspaper published within the county and in three public places
For at least two weeks

Exact wording:

“Upon the written petition or request of at least one third of the resident electors and a like proportion of the resident freeholders of the age of twenty-one years being filed with the county board of education, asking for the same and stating the rate of tax levy proposed, which shall not exceed fifteen mills, the county board of education shall order the board of trustees of such school district to hold an election at some place within the district, after giving notice of the time and place thereof for at least two weeks in some newspaper published within the county and by posting notice thereof in at least three public places within such school district for such length of time, unless there be no newspaper published within the county, in which event the posting of the notices as above shall suffice.”


State Institutional Bonds

Sale of Bonds
59-107-160

Unless otherwise specified all institutional bonds shall be sold by the Governor and the State Treasurer upon sealed proposals. A notice of the sale must be placed one or more times for at least ten days prior to the sale in a newspaper of general circulation in the State and in a financial paper of that type found in New York City.

Section
Notice
Where
When
59-107-160
A notice of the sale of institutional bonds by the Governor and the State Treasurer upon sealed proposals
A newspaper of general circulation within the State and in a financial paper of that type found in New York City.
One or more times at least ten days prior to the sale

Exact wording:

“State institution bonds may be privately placed if the terms and conditions of such disposition shall be approved by resolution duly adopted by the state board and the terms of such proposal meet the financial test prescribed in the second paragraph of this section. All other state institution bonds shall be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of the sale one or more times at least ten days before the sale in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. In all calls for bids, the right shall be reserved to reject all bids and readvertise for the sale of the bonds. Upon the opening of bids the Governor and the State Treasurer shall determine the most advantageous bid, and if such bid produces principal and interest payments on such proposed issue which are in compliance with the provisions outlined in paragraph (3) of Section 59-107-50, they may award the state institution bonds on such bid, at a price not less than par and accrued interest to the date of delivery. For the purpose of bringing about a successful sale of such bonds, the state board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds shall be paid from the proceeds of the bonds.”


The Citadel Housing Revenue Bonds

Notice of the sale of bonds by the board
59-122-110

The Board of Visitors at the Citadel may deal with bonds as they see fit. If the board decides on a sale of the bonds then public advertisement must be made unless otherwise decided upon by the state board. A notice of the sale must be made at least once in a newspaper of general circulation in the state of South Carolina, ten days prior to the opening of the bids. If the advertisement does not contain a fixed date then another form of notice shall be made to requested parties by the day of the sale.

Section
Notice
Where
When
59-122-110
A notice of the sale of bonds by the Board of Visitors at the Citadel
A newspaper of general circulation in the state of South Carolina
At least ten days prior to the opening of the bid unless a fixed date is not made

Exact wording:

“The bonds may be disposed of in such manner as the board determines, except that no sale, privately negotiated without public advertisement, may be made unless approved by the state board. If the board elects to sell the bonds at public sale, at least one advertisement of the sale must appear in a newspaper of general circulation in South Carolina not less than ten days before the opening of bids and, if no date is fixed in that advertisement, a subsequent notice must be provided either by like publication or other form of notice to parties requesting the notification not less than the business day before the sale.”

Find out more about public notices

SCPA offers a compendium of public notice/legal advertising laws including exact wording and details on when and where an ad has to be run. Organized by topic, this resource is the best way to navigate our state’s public notice laws.