After gaining automatic approval in the last SC Legislative session, a new regulation will prohibit certain materials in South Carolina schools. The approval came after state legislators did not bring this regulation up for vote during the recently concluded session.
Regulation 43-170 addresses descriptions or visual depictions of “sexual conduct” instructional material. Section I, Subsection C states, “For purposes of this regulation, “Age and Developmentally Appropriate” means topics, messages, materials, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotion, and behavioral capacity typical for the age or age group. Instructional Material is not “Age and Developmentally Appropriate” for any age or age group of children if it includes descriptions or visual depictions of “sexual conduct,” as that term is defined by Section 16-15-305(C)(1).
As reported by Josie Frost, a representative for Lexington County Moms for Liberty asserted children were being exposed to materials that were not age appropriate.”
ACLU representative Josh Malkin, weighed in against the regulation sighting the “slippery slope” argument commenting the regulation could allow materials that are age appropriate and necessary for children to be banned. He further argued this censorship would remove hundreds to thousands of books, including American classics along with works that are “frequently evaluated on the AP exam”, from schools. Other complaints about the regulation was the criteria was too vague. Patrick Kelly with the Palmetto State Teachers Association, expressed concern on what a policy such as this could mean for teachers and teacher retention. “If you create an environment where every single thing you do is being questioned and measured against an undefined standard of age appropriateness or under defined standard, I think that’s going to cause a lot of anxiety and stress,” Kelly commented.
When asked for a comment regarding the regulation, the South Carolina Department of Education provided the following: “This regulation ensures that instructional materials are age or developmentally appropriate by providing a clear, transparent, and uniform process that provides certainty for educators, respects families, and protects students from materials that are not age or developmentally appropriate. It doesn’t restrict free speech, discriminate based on an author’s viewpoint or eliminate local control.”
For more information about this regulation visit ed.sc.gov. and to view the entire regulation visit https://bloximages.newyork1.vip.townnews.com
