Family who moved to Berkeley County mid-year suing school district because all in-person instruction seats are full

Berkeley County News

BERKELEY COUNTY, S.C. (WCBD) – A Lowcountry family is suing the Berkeley County School District (BCSD) for providing what they describe as insufficient in-person instruction despite an order from Governor Henry McMaster directing all schools to offer full-time in-person learning.

Brigette Herbst, a mother of three BCSD students, is the plaintiff in the case. She is being represented by the Liberty Justice Center.

According to the complaint, “the Herbst family moved to Berkeley County in the middle of the pandemic to escape the onerous pandemic restrictions of their previous home state.”

After relocating in March, Herbst learned that two of her children would have to enroll in virtual learning at College Park Middle School because all of the in-person learning spots had already been taken.

When Herbst reached out to a school official to ask why they could not attend in-person and pointed out that she believed the school was in violation of McMaster’s order, a school official allegedly responded reiterating that all in-person spots were full and that “College Park Middle School has offered a face to face option five days a week since September, which is what the state is requiring all schools to have.”

Herbst is suing BCSD “for denying her children equal protection under the law and equal access to education, and continuing to harm her kids by forcing them to stay in virtual learning.”

A formal complaint has been filed against BCSD, as well as a motion for a temporary restraining order and temporary injunction which would force BCSD to allow the students to attend in-person instruction.

News 2 reached out to BCSD, who declined to comment.

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