BCSD will allow kids to attend in-person classes after lawsuit was filed this week

Berkeley County News

BERKELEY COUNTY, S.C. (WCBD) – The Berkeley County School District will now allow some students to attend in-person classes after a lawsuit was filed by parents who had moved to the school district mid-year.

It’s an update to a story News 2 told first told you about on Tuesday. A mother at College Park Middle School, Brigette Herbst, filed a lawsuit demanding the Berkeley County School District allow her students the opportunity to attend in-person classes.

After moving to the district in the middle of the school year, she was told two of her children could not attend classes on campus because there was not enough room available and she was placed on a waitlist.

“We’re representing families in Berkeley County that have been shut out of in-person learning by a school district that refuses to follow a new state law,” said Daniel Suhr, Senior Attorney at the Liberty Justice Center.

Governor Henry McMaster last month signed into law a requirement that districts provide five days a week in-person learning by April 26th. So, she asked again for her kids to attend in-person learning.

“This new law gives us the legal rights we’re entitled to for in-person education, and the school district said ‘sorry, you need to stay on the waitlist,” said Suhr.

That is when she filed a lawsuit with assistance from the Liberty Justice Center. “Thankfully, the school district has already caved on this case and today, one day after we filed our lawsuit, Bridgette’s kids are back in school in-person.”

Wednesday marked their first day in the classroom.

Suhr said there is a larger problem. They filed a request through the Freedom of Information Act and learned that 124 other kids in the district want to attend in-person but are on the waitlist.

“All of these other families that are also on the waitlist deserve that same fair equal access to in person education,” said Suhr. “Our case is not going to stop until all of these families are back in school.”

Suhr said they do plan on adding at least one more family to the lawsuit in the coming days.

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