Bill 3040

                    Current Status

BillNumber:                3040
Ratification Number:       273
Act Number:                256
Introducing Body:          House
Subject:                   Marlboro County School District, creation, election 
                           of members, terms, etc.

(A256, R273, H3040)

AN ACT TO ESTABLISH ALL OF THE AREA OF MARLBORO COUNTY AS THE SCHOOL DISTRICT OF MARLBORO COUNTY; TO CREATE THE MARLBORO COUNTY BOARD OF EDUCATION; TO PROVIDE FOR THE ELECTION OF ITS MEMBERS; TO ESTABLISH THEIR TERMS; TO PROVIDE FOR THE FILLING OF VACANCIES; TO DIVIDE MARLBORO COUNTY INTO SIX SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF MEMBERS OF THE BOARD; TO PROVIDE THAT ONE MEMBER SHALL BE ELECTED FROM THE DISTRICT AT LARGE WHO SHALL SERVE AS CHAIRMAN; TO PROVIDE FOR MEETINGS AND THE ORGANIZATION OF THE BOARD; TO PROVIDE FOR COMPENSATION OF THE MEMBERS; TO VEST TITLE TO ALL PROPERTY USED FOR SCHOOL PURPOSES IN MARLBORO COUNTY IN THE SCHOOL DISTRICT OF MARLBORO COUNTY; TO PROVIDE FOR THE POWERS AND DUTIES OF THE MARLBORO COUNTY BOARD OF EDUCATION; TO PROVIDE FOR THE SUPERINTENDENT OF EDUCATION FOR MARLBORO COUNTY; TO PROVIDE FOR CHANGES IN THE FIVE ADMINISTRATIVE AREAS IF NECESSARY; TO PROVIDE FOR A BOARD OF SCHOOL TRUSTEES FOR EACH ADMINISTRATIVE AREA; TO ESTABLISH THEIR POWERS AND DUTIES; TO PROVIDE FOR THE FUNDING OF THE SCHOOL DISTRICT OF MARLBORO COUNTY; TO PROVIDE FOR A SPECIAL TAX LEVY IF NECESSARY; TO REQUIRE AN ANNUAL BUDGET FOR THE SCHOOLS OF THE COUNTY; TO PROVIDE FOR AN ANNUAL AD VALOREM TAX FOR THE SCHOOLS OF THE COUNTY; TO PROVIDE FOR THE ISSUANCE OF BONDS OF THE SCHOOL DISTRICT AND TO REPEAL ACT 222 OF 1951, ACT 782 OF 1956 AND ACT 424 OF 1961 (COLLECTIVELY DESIGNATED AS CHAPTER 51 OF TITLE 21 OF THE 1962 CODE) RELATING TO EDUCATION AND SCHOOLS OF MARLBORO COUNTY.

Be it enacted by the General Assembly of the State of South Carolina:

Legislative intent

SECTION 1. It is the intent of the General Assembly in enacting this legislation to include in one act to the extent possible all the specific provisions of law (other than the general law) that relate to the School District of Marlboro County.

Marlboro County constituted into single school district

SECTION 2. The General Assembly prescribes that the entire area of Marlboro County shall be constituted into a single school district. Hence, there is hereby created the School District of Marlboro County, which shall be coextensive in area with Marlboro County.

Marlboro County Board Of Education

SECTION 3. The governing body of the School District of Marlboro County shall be a board to be known as the Marlboro County Board of Education. The board shall consist of seven members who beginning with the 1982 election shall be elected in the manner hereinafter specified in this act. The appointed members of the Marlboro County Board of Education serving in office on the effective date of this act shall continue to serve until January 1, 1983, at which time the members of the board elected in the manner specified by this act shall take office. Until such time the chairman of the board shall also continue to be elected by the membership of the board and not as provided in this act.

Election of members

SECTION 4. The seven members of the Marlboro County Board of Education shall be elected in a nonpartisan election to be held at the same time as the 1982 general election for terms of office of four years each; provided, however, that of those first elected in 1982, three members (not including the chairman whose initial term shall be four years) shall serve initial terms of two years each and the initial terms of each member other than the chairman shall be determined by lot at the first meeting of the board after the election of the members thereof in 1982. Successors to such members shall then be elected in a nonpartisan election to be held at the same time as the general election every two or four years thereafter for terms of office of four years each. All members of the board shall serve until their successors are elected and qualify. Those members so elected shall take office on the first day of January following their election. At any election, the candidate receiving the highest number of votes shall be deemed elected.

Any vacancy occurring for any reason other than expiration of a term shall be filled by election of the board by majority vote until the next scheduled election at which time a successor shall be elected for the remainder of the unexpired term or for a full term as the case may be.

Single-member districts

SECTION 5. For the purpose of electing members of the Marlboro County Board of Education beginning in 1982, the School District of Marlboro County is hereby divided into six single-member election districts as follows:

Population

District Number and Composition of District Variance

District 1 :

Bennettsville Div.

ED 62 30

ED 66 208

ED 74A 734

ED 76 6

Clio Div.

ED 86 1,031

ED 91A 761

ED 91B 0

ED 92 7

ED 93 9

Blenheim Div 2,414

Less ED 95 (3)

5,197 -1.42

District 2:

McColl Div.

ED 77 1,412

ED 78 1,265

ED 83 50

ED 84A 1,237

ED 84B 0

ED 85 213

Clio Div.

ED 87 78

ED 88 1,020

5,275 +0.06

District 3:

Wallace Div 3,516

Bennettsville Div.

ED 69 933

McColl Div.

ED 69 24

ED 80 1,139

5,612 +6.45

District 4:

Bennettsville Div.

ED 56 1,980

ED 57 1,194

ED 60 81

ED 63 963

ED 64 344

ED 75A 790

5,352 +1.52

District 5:

Bennettsville Div.

ED 58 463

ED 59 579

ED 61 375

ED 65 793

ED 67 50

ED 70 215

ED 71 813

ED 72 172

ED 73A 847

ED 74B 0

McColl Div.

ED 79 101

ED 81 151

ED 82 313

Clio Div.

ED 89 140

ED 90 46

Blenheim Div.

ED 95 3

5,061 -4.00

District 6:

Bennettsville Div.

ED 53 1,615

ED 54 1,840

ED 55 1,679

ED 75B 3

5,137 -2.56

One member to be elected from each district

SECTION 6. One member of the Marlboro County Board of Education shall be elected from each of the six single-member election districts established in Section 5 of this act and in addition the chairman shall be the seventh member of the board and shall be elected from the School District at large by the qualified electors of the School District. The office of chairman shall be a separate office and any person desiring to run for chairman shall specifically file and run for such office. Members of the board elected from each of the single-member election districts shall be residents of that district and shall be elected by the qualified electors of such districts. All persons desiring to qualify as a candidate and be elected to the board from a specific district or as chairman shall file written notice of such candidacy with the county election commission at least thirty days before the date set for the election but not earlier than sixty days prior to the election. This notice of candidacy shall be a sworn statement and shall include the candidate's name, age, voting precinct, single-member election district in which such candidate resides, period of residence in such election district and such other information as the county election commission shall require.

The county commissioners of election shall conduct and supervise all elections for members of the board in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts and do all things necessary to carry out such elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of such election sixty days preceding the election in a newspaper of general circulation published in Marlboro County and shall publish a second notice two weeks thereafter. The cost of the election shall be borne by Marlboro County.

Meetings

SECTION 7. The board shall hold regular monthly meetings upon the call of the chairman and shall hold special meetings at such other times as may be necessary, also upon call of the chairman. The board shall elect a vice-chairman, a secretary and such other officers as it deems necessary, which officers shall hold office for a term of one year and until their successors are elected by the board. The board may designate the county superintendent of education as assistant secretary of the board. Members of the board shall receive a per diem allowance and a mileage expense for each meeting of the board at the same rate that members of state boards, commissions and committees receive. In addition, the chairman shall receive additional compensation of one hundred fifty dollars per month.

Property of school district

SECTION 8. Title to all property, real or personal, in Marlboro County, which is now used for school purposes, which has been acquired to be used for school purposes, or which may hereafter be acquired for school purposes, shall vest in the School District of Marlboro County, and the School District of Marlboro County shall be wholly responsible for the payment of any indebtedness heretofore incurred prior to March 23, 1956, by the several school districts of Marlboro County.

Management of public school program

SECTION 9. The board of education shall have general management, control and supervision of all phases of the public school program throughout the School District of Marlboro County, except such phases as may, by virtue of other provisions of this act be vested in the boards of trustees of the several administrative areas, whose establishment is authorized by this act. The board shall have complete charge of the expenditure of all school money.

Powers

SECTION 10. In addition to the powers conferred by Section 9, the board of education shall be empowered to:

(1) Adopt and alter a corporate seal.

(2) Exercise all powers now or hereafter vested by general law in the boards of trustees of the several school districts of the State.

(3) Employ the county superintendent of education.

(4) Upon recommendation of the county superintendent of education, employ such personnel as is necessary for the efficient operation of all of the schools in the district.

(5) Distribute all state and federal funds received by the school district.

(6) Adopt administrative policies and procedures.

(7) Purchase land, plan and construct new buildings and keep existing buildings in good repair and usable condition.

(8) Borrow in anticipation of the collection of taxes, state aid or federal aid. The borrowing shall be in the form of notes, maturing not later than one year from the date of issue, bearing such rate, or rates, of interest as the board shall determine. Such notes shall be payable, both principal and interest, from the funds in anticipation of the receipt of which they are issued, and to the payment of the principal of and interest on such notes such funds shall be pledged.

(9) Borrow in anticipation of allotments from the State Educational Finance Commission for construction of school buildings, and pledge as security for the loan the proceeds of the allotment, or allotments, of the State Educational Finance Commission. The borrowing shall be in the form of notes maturing and bearing such rate, or rates, of interest as the board of education shall determine. The board shall have the right to pledge such other funds or expected income for the repayment of principal of or interest on the notes, as to it may appear to the best interest of the School District of Marlboro County.

(10) Exercise eminent domain. The procedure for exercising eminent domain may be any of those prescribed by law for public bodies or political divisions of the State.

(11) Determine and evaluate the educational program in the schools.

(12) Establish and maintain a central purchasing system for the purchase of all contractual services, equipment and supplies. All equipment and supplies shall be purchased by the board of education, or pursuant to rules promulgated by the board.

(13) Establish and operate a comprehensive pupil transportation system throughout the school district. The board shall provide an efficient, businesslike, safe and adequate transportation system for the school children of the School District of Marlboro County, and operate it under such rules and regulations as it deems necessary to effect this function.

(14) Cause regular annual audits and, when necessary, special audits of all school funds in the School District of Marlboro County, including the funds of the administrative areas. One copy of each such audit shall be kept in the office of the board of education and another copy shall be filed in the office of the clerk of court for Marlboro County, to be open to the public.

(15) Carry out a continuous school census.

(16) Keep an accurate record of board proceedings.

(17) Control the expenditure of all state and federal aid to the public schools within the School District.

(18) Arrange with adjoining counties or with North Carolina for interchange of pupils or educational services.

(19) Adopt a system -of budgetary controls, and annually, adopt, with power to revise when necessary, a budget sufficient to meet the educational needs of the School District.

(20) Prescribe regulations to govern teachers' salaries in all the schools of the district, and, through the means of such regulations, fix the salaries of all of the teachers of all of the schools of the district.

(21) Conduct surveys, and, upon the results being obtained, reorganize administrative areas, attendance areas, the curricula, the supervisory program, auxiliary services, and any other part of the educational program of the schools of the district.

(22) Regulate admission of pupils to the public schools of Marlboro County and designate the schools the various pupils, when and if admitted, shall attend, under such regulations as it shall prescribe; all acts or regulations of the board of education with reference hereto, heretofore done -or adopted, are hereby ratified, confirmed and approved.

(23) Draw warrants upon school funds in the hands of the treasurer for the payment for services contracted for by the board, for the payment of insurance premiums, for teachers' retirement, for workmen's compensation premiums, for the payment of withholding taxes from salaries, and for all other purposes authorized by law.

(24) Equalize educational opportunity among the children of Marlboro County.

(25) Control and supervise the expenditures of all moneys for capital outlay.

(26) Establish high schools and other schools in the district as may appear necessary or appropriate.

(27) Establish policies within the schools of each administrative area for the placement of pupils.

(28) Set up, in addition to the schools provided for in item (26) of this section, centers of instruction for vocational training, adult education and other courses which cannot be offered in the individual schools of the county.

Selection of superintendent of education

SECTION 11. The superintendent of education shall be selected by the board of education on the basis of professional qualifications as a public school administrator and experience in the administration of the affairs of public schools. He shall be selected and employed "or a term of one to two years, at the discretion of the board, and for any additional terms of from one to two years, as the board may decide.

The board of education shall fix the salary and traveling allowance for the county superintendent of education.

The county superintendent of education shall be the executive and administrative officer of the board of education. It shall be his duty to carry out the official policies of the board and to recommend to the board from time to time such changes in policy and procedure as will in his opinion improve the school system in the county. He shall consult with the board when in doubt as to his official duty.

Administrative areas

SECTION 12. The five administrative areas into which the Marlboro Board of Education has divided Marlboro County for school purposes shall remain as now constituted; provided, however, that from time to time the board of education may, in its discretion, if the school population, transportation problems and existing community welfare requires or renders it proper and expedient to do so, alter the administrative areas as to number and as to the area contained therein.

Board of trustees in each administrative area

SECTION 13. In each of the administrative areas of the School District, there shall be a board of school trustees of five members. The members of the board of school trustees from each administrative area shall be appointed by the Governor upon the recommendation of the Marlboro County Board of Education for terms of three years each and until their successors are appointed and qualify. Any vacancy shall be filled for the remainder of the unexpired term by appointment in the same manner of original appointment.

The present members of the board of school trustees from each administrative area who were appointed by the Governor upon the recommendation of the Marlboro County Legislative Delegation shall continue to serve until their present terms expire at which time their successors shall be appointed in the manner specified by this section.

Powers of trustees

SECTION 14. The trustees of the administrative areas shall be empowered to:

(1) Elect members of the faculty of the several schools in the particular administrative area;

(2) Make recommendations to the board for the salaries of all persons serving in the schools of the particular administrative area, including the administrators and faculty members;

(3) Set up administrative policies for the particular area to the extent that the same may be authorized by regulations of the board of education;

(4) Make such reports to the board of education as may be required by the board of education;

(5) Administer and expend, subject to the regulations of the board of education, any funds which may be derived from special levies, or other sources within the administrative areas;

(6) Carry out the policies and directions of the board of education.

School district to be unit for all financing

SECTION 15. The School District of Marlboro County shall be the unit for all financing and for receiving federal, state and county school funds. The Marlboro Board of Education shall be charged with the responsibility of apportioning and distributing the funds to the several schools of the School District of Marlboro County on an equitable and fair basis. In administering school funds, the board shall have as its objective equalization of educational opportunity to all children within the school district.

Period of transition

SECTION 16. Notwithstanding that it is the intent of these provisions of law to equalize conditions and taxes throughout the school district, it is recognized that a period of transition is necessary before complete equality can be achieved, in view of the fact that the levies and expenditures of the present school districts are far from equal. Hence, the board of education of the School District of Marlboro County shall be empowered to impose special levies upon any administrative area in the district, if it shall receive the unanimous request from all members of the board of trustees of the administrative area requesting such additional levy. In the event that the board, in its discretion, shall direct the imposition of such levy, its proceeds shall be kept separate and distinct from other levies imposed for educational purposes, and shall be expended by the trustees of the particular administrative area tinder such regulations as tile board of education shall prescribe.

Budget

SECTION 17. On or before July first of each year, the board of education shall prepare a complete budget for the schools of the district for the succeeding school year. This budget shall show proposed expenditures for all purposes, including construction and maintenance of buildings, operation of the transportation system, debt amortization, operation of office of the board of education, incidental school expenses, salaries for all faculty members and employees and such other items as may appear necessary. Proposed expenditures shall be broken down to show the expenditures to be made in the administrative areas. The budget shall be accompanied by a report of expenditures for the current year and for the preceding year, set forth as to be easily compared, together with any statistics and analysis that would contribute to a full and complete understanding of both current and proposed expenditures.

Auditor to levy, etc.

SECTION 18. Not later than August first of each year, the board of education shall direct the county auditor to levy and the county treasurer to collect all the millage necessary to meet that portion of the budget to be raised through direct ad valorem taxation, and such direction shall include any special levies which the board may approve under the provisions of Section 16 of this act.

The county auditor is hereby authorized and directed to levy, and the county treasurer is hereby authorized and directed to collect all such millage as may be directed in writing by the Marlboro Board of Education, pursuant to appropriate resolution by the board.

It is intended that this section and Section 16 of this act shall apply, any other provisions of law to the contrary notwithstanding to the levy of taxes for school purposes and the preparation of the budget for the School District of Marlboro County, commencing with the fiscal year beginning July 1, 1963.

Board deemed to be proper body

SECTION 19. In the event of changes in the general state law with reference to schools, the board of education shall be deemed the proper body for administering within Marlboro County such programs as may be provided by the State.

County board empowered to issue bonds

SECTION 20. To obtain moneys for capital outlays, the county board of education shall be empowered, from time to time, to issue bonds of the School District of Marlboro County within such constitutional debt limit as may be applicable to the school district and in accordance with the general law of this State relating to the issuance of school bonds. Any school bonds previously issued by the board prior to the effective date of this act pursuant to law are hereby validated and confirmed as being lawful obligations of the district.

Repeal

SECTION 21. The following acts and all subsequent acts amendatory thereto (which are collectively designated as Chapter 51 of Title 21 of the 1962 Code) are repealed: Act 222 of 1951, Act 782 of 1956 and Act 424 of 1961.

Time effective

SECTION 22. This act shall take effect upon approval by the Governor.

Approved the lst day of October, 1981.