Legislation in S.C. mandates that students eligible for Gifted and Talented programs be identified starting in grade two. These students "demonstrate high performance ability or potential in academic and/or artistic areas and therefore require an educational program beyond that normally provided by the general school program in order to achieve their potential" (South Carolina Code § 43-220). Legislation further mandates that these students be served through specialized curriculum offerings modified and adapted to meet their unique learning styles, learning rates, interests, abilities and needs.

In 2005-2006, approximately 19% of S.C. students were served in Gifted and Talented programs. In 2006-2007, approximately 15% of students in Spartanburg, Richland and Charleston districts were eligible for participation in Gifted and Talented curriculum programs. Approximately 18% were eligible in the Greenville district.