R1 early learning center broke state law, cost taxpayers money, SC inspector general says
Richland School District 1 broke the law and cost taxpayers more than $350,000 when it began construction on an early learning center without proper permits, according to a new report by the South Carolina Inspector General’s Office released Thursday.
The idea of and the funding behind the Vince Ford Early Learning Center on Caughman Road were permissable, Inspector General Brian Lamkin wrote. But the school district violated state law and local ordinances by beginning construction without a building permit from the state Department of Education. The district also started the second phase of the project without approval of the school board.
“In doing so, the District exposed itself to wasteful expenditures, contractual liabilities, costs associated with project delays, reputation damage, and insurance issues,” Lamkin wrote.
Richland 1 also wasted $352,078 on associated costs with building without a permit, according to the report. The District told The State in May that the project the project had already cost Richland 1 $813,000 for site inspections, stabilization and security since putting construction on hold.
There were also issues with unauthorized or illegal procurement.
“After reviewing the Inspector General’s report on Richland One’s Vince Ford Early Learning Center construction project, I want to thank the IG and his team for a thorough analysis of this key project,” said Aaron Bishop, chair of the Richland 1 school board. “As the report importantly points out, the IG found no evidence of criminal or fraudulent activity in the district’s management of the (project).”
Richland 1 Superintendent Craig Witherspoon said the district is working to make sure the early learning center construction will get back on track.
In a statement from the state Department of Education, spokesman Jason Raven said the Inspector General’s report “validated the department’s concerns over state law violations and wasteful spending.”
“The Department knew the construction of the Vince Ford Early Learning Center should never have begun without the appropriate permit. The SIG report clearly identifies further illegal activity related to procurement,” Raven said in the statement. “... staff will review all the findings to determine appropriate action to pursue. The Department is deeply concerned...”
State Rep. Heather Bauer, D-Richland, said in a statement that the report confirmed her concerns.
“I am also troubled by the school district’s response touting the fact that no crimes or fraud occurred - that is an extremely low bar,” Bauer said. “The fact is the district broke the law and wasted money and the lack of remorse over that fact is stunning.”
The investigation began after state education Superintendent Ellen Weaver sent a letter to Lamkin on Jan. 22 outlining issues and questions about the $31-million construction project in Richland 1. She also noted her department had placed the district on fiscal watch status in late 2022 because of issues discovered in Richland 1’s procurement card — p-card — purchasing system.
“The referral of a matter to your office for investigation is a high bar to cross and one that requires credible evidence of potential malfeasance,” Weaver wrote to Lamkin. “I believe this situation rises to that threshold.”
Weaver had been contacted by Bauer, who raised alarms about the construction project on Jan. 19, citing doubts about the “trust and transparency” surrounding the resources allocated to the project and the lack of required permits from Richland County, according to a letter obtained by The State.
“It ... appears that Richland One has and continues to expend significant taxpayer resources engaging in construction absent legal authorization to do so,” Bauer wrote in the letter. She asked Weaver to alert the Inspector General.
Plans for Vince Ford Early Learning Center, a 71,000-square-foot facility on Rawlinson and Caughman roads in Lower Richland, envisioned a sprawling campus to serve more than 300 children with classrooms, play spaces, a media center and family services like a food pantry, a clinic and more.
Funded out of the district’s general fund, the center was originally meant to serve children from as young as 6 months to five years via a full-day, full-year program.
The district drew inspiration from similar projects in Spartanburg, board member Cheryl Harris previously told The State, amid a growing community and desperate need for child care services.
Under state law, school districts must first seek approval from the state superintendent before constructing a public school building. But John Tyler, deputy superintendent and general counsel for the state Department of Education, wrote to the district in December that because the center would be serving infants, it could not be considered a public school building.
By that time, construction had been underway for four months. Despite the education department’s concerns, construction continued.
Richland County posted a stop work order the morning of Jan. 19, which said that construction had violated state and local code because no permits or plans had been approved and no records of required inspections existed.
“The fact that any kind of work happened with no approval or permits is a massive failure on their part,” Will Bonnarigo, an education department engineer, wrote in a scathing email exchange with a Richland County official. “They had been told numerous times by myself, and my management, what it would take to get everything approved and they did not do their due diligence.”
In the exchange, obtained by The State Media Co. through a public records request, Bonnarigo said that Richland 1 was told to pause the project after it failed to submit materials needed to approve the project. Instead, the district “kept a lot of people in the dark.”
“They have shown a gross lack of patience, respect for our processes, and have been downright dishonest,” he wrote.
The Richland 1 school board attempted to pivot, voting to modify the center’s scope on Jan. 23. The new plan calls for the building to serve students in kindergarten through second grade.
Based on those changes, Witherspoon requested another permit for the project from the education department. But Tyler told the district it would have to wait until the Inspector General’s investigation was over.
This is a breaking news story. Check back here for updates.
This story was originally published July 25, 2024 at 6:52 PM.
