Protecting Access to Nursing Education in South Carolina
What You Need to Know
Is South Carolina suing Nightingale?
No. The South Carolina Board of Nursing issued an order denying Nightingale permission to access SOFEs (clinical placements) in South Carolina–despite the College meeting all the necessary requirements for out-of-state approvals. Nightingale appealed the Board’s order and won the case.
Why did Nightingale appeal the Board’s ruling?
Nightingale met all the requirements in those rules, but its application was denied because the Board attempted to unlawfully apply its own in-state criteria to an out-of-state program.
Why did the Board deny SOFE placement access to Nightingale at first?
Board members raised concerns about first-time NCLEX pass rates.* Pass rates are not part of the approval requirements for out-of-state programs, but the Board wanted to apply its in-state rules to an out-of-state school.
What happened next?
The Board issued a formal written order denying the BSN program from on-ground placements within the state. Nightingale appealed the decision, hiring a local law firm and filing the appeal in South Carolina's administrative law court. The Board acknowledged that Nightingale met all its out-of-state requirements, but still asked the court to dismiss Nightingale’s case.
What was the outcome?
After an exchange of written briefs, the administrative law judge ruled in Nightingale's favor.
Should I be worried about enrolling at Nightingale because of this court case?
No. Nightingale won this case and is approved as an out-of-state program in South Carolina. This case shows Nightingale’s commitment to advocating for access to nursing education for learners all over the country.
*There is no evidence that first-time NCLEX pass rates are a reliable indicator of nursing competence or program quality. States have inconsistent requirements for this metric. Nightingale’s overall 2023-2025 BSN NCLEX Pass Rate stands at 87.3%. For more information about Nightingale’s pass rates, see the College Disclosures page. For more information about first-time pass rates acting as nursing education barriers rather than measures of program quality, watch Blake Halladay’s “We Need More Nurses” talk from TEDx Nightingale College.