The laws governing independent schools in South Carolina

While a school like the Charleston School of Law may be organized or incorporated under the laws governing corporations or other business entities in South Carolina, any organization holding itself out as an educational entity must follow the laws and procedures for licensing in order to operate in the state.

Title 59, Chapter 58 sets for the laws governing “nonpublic postsecondary institution licensing” in South Carolina and vests in the Commission on Higher Education (CHE) the sole authority to oversee the granting of licenses to such institutions.

Of particular note to those concerned by the possibility of a sale of the Charleston School of Law to an out-of-state Delaware holding company, Section 59-58-50(C) makes clear that “[i]n the event of the sale of an institution, the license is not transferable. The new owner must comply with all the requirements of this chapter.”

On its website, the CHE lists among its purposes “to ensure that non-public educational institutions, other than those exempted by statute, are legitimate educational enterprises that are fulfilling their purposes.”

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