S*0720(Rat #0424, Act #0510 of 1982)  General Bill, By T.E. Garrison
 A Bill to provide for the powers, duties, and election of the Anderson County
 Board of Education; abolish the office of County Superintendent of Education,
 and devolve its duties upon the Board; to provide for appeals from decisions
 of the Board; and to provide that school districts may not consolidate unless
 registered electors of the county voting in a referendum authorize the
 consolidation.-at

   01/26/82  Senate Introduced and read first time SJ-12
   01/26/82  Senate  Referred to Senators from district no. 1 SJ-12
   02/16/82  Senate  Recalled from Senators from district no. 1 SJ-12
   02/16/82  Senate Amended SJ-12
   02/16/82  Senate Read second time SJ-13
   02/16/82  Senate Ordered to third reading with notice of
                     amendments SJ-13
   02/25/82  Senate Amended SJ-6
   02/25/82  Senate Read third time and sent to House SJ-8
   03/02/82  House  Introduced, read first time, placed on calendar
                     without reference HJ-1143
   03/04/82  House  Amended HJ-1238
   03/04/82  House  Read second time HJ-1239
   03/05/82  House   Read third time HJ-1273
   03/05/82  House  Returned HJ-1273
   03/09/82  Senate Non-concurrence in House amendment SJ-8
   03/09/82  House  House insists upon amendment and conference
                     committee appointed Reps. Reps. Ervin, Pracht, &
                     P.B. Harris HJ-1290
   03/10/82  Senate Conference committee appointed Sens. M. E.
                     McDonald, Garrison & Macaulay SJ-5
   04/08/82  House  Free conference powers granted HJ-2072
   04/08/82  House  Free conference committee appointed Reps. Ervin,
                     Pracht, & P.B. Harris HJ-2072
   04/08/82  Senate Free conference powers granted SJ-5
   04/08/82  Senate Free conference committee appointed Sens. M.E.
                     McDonald, Garrison, Macaulay SJ-5
   04/28/82  House  Free conference report received HJ-2646
   04/28/82  House  Free conference report adopted HJ-2649
   04/28/82  Senate Free conference report received SJ-5
   04/28/82  Senate Free conference report adopted SJ-8
   04/28/82  Senate Ordered enrolled for ratification SJ-8
   05/05/82  Senate Ratified R 424 SJ-25
   05/10/82         Signed By Governor
   05/10/82         Effective date 05/10/82
   05/10/82         Act No. 510
   05/27/82         Copies available

AN ACT TO PROVIDE FOR THE POWERS, DUTIES, AND ELECTION OF THE ANDERSON COUNTY BOARD OF EDUCATION; ABOLISH THE OFFICE OF COUNTY SUPERINTENDENT OF EDUCATION, AND DEVOLVE ITS DUTIES UPON THE BOARD; TO PROVIDE FOR APPEALS FROM DECISIONS OF THE BOARD; AND TO PROVIDE THAT SCHOOL DISTRICTS MAY NOT CONSOLIDATE UNLESS REGISTERED ELECTORS OF THE COUNTY VOTING IN A REFERENDUM AUTHORIZE THE CONSOLIDATION.

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

Composition of board of education

Section 1. Notwithstanding any other provision of law, the Anderson County public school system shall be governed by the county board of education which shall be composed of seven members. The members shall not hold any official position with the public schools of the county or receive compensation for any goods or services rendered to such schools and their powers and duties shall be as hereinafter provided. Five of the members shall be elected from numbered seats which shall correspond in area and number to the five school districts of the county. Two members shall be elected from the county at large and their seats shall be numbered seat six and seat seven. The members from seats one through five shall be qualified electors and legal residents of the school district from which they are elected, but all members shall be elected countywide. Members of the county board of education shall be elected for four-year terms in the general election of 1982 except that the initial term for the members from seats one, two, and six shall be for a period of two years. Terms of the members shall commence on the first day of January following the general election and members shall serve until their successors are elected and qualify. Vacancies on the county board of education shall be filled by appointment by the Anderson County legislative delegation and such appointees shall serve until the next general election after which time a successor shall be elected.

Meetings

Section 2. Notwithstanding any other provision of law, the county board shall hold a regular meeting on the third Monday of each month and such special meetings as it deems necessary. All meetings shall be open to the public. Minutes of all regular meetings shall be kept by the secretary and filed in a permanent record.

Officers of board

Section 3. Notwithstanding any other provision of law, the county board shall elect from its membership a chairman, vice-chairman, and secretary. Officers of the board shall be elected annually at the first meeting of each year. Members of the board shall be reimbursed for any travel expenses incurred in carrying on official business of the board in the same manner and amount as provided for school trustees.

Powers and duties

Section 4. Notwithstanding any other provision of law, the county board shall have general supervision of all phases of the public school program in Anderson County except as may be otherwise vested in boards of trustees of local school districts.

The board shall employ such personnel as may from time to time be provided for by annual appropriation, including an executive secretary who shall administer the county department of education office.

The county board of education shall set up qualifications and make rules governing the personnel of the county board. Such rules shall have the effect of law.

All powers and duties of the County Superintendent of Education are devolved upon the board and that office is abolished. The County Superintendent of Education on the effective date of this act shall serve as executive secretary until the date on which his term as County Superintendent of Education would have expired or until his resignation or death. The board shall exercise the duties and powers of the County Superintendent of Education through the executive secretary or by such other means as it may determine.

State funds for the office of County Superintendent of Education shall be used by the board for the performance of former functions of the office now performed by the board and its appointees.

Department to submit annual budget

Section 5. The Anderson County Department of Education shall annually submit its budget together with the total millage for the forthcoming fiscal year to the Anderson County Legislative Delegation not later than March fifteenth.

Appeals from decisions of board

Section 6. Notwithstanding any other provision of law, appeals from all decisions of the county board shall be to the court of common pleas and thence by certiorari to the Supreme Court.

Board may advise county auditor

Section 7. Notwithstanding any other provision of law, that county board of education shall have the authority to advise the Anderson County auditor in determining the annual millage needed to retire school boards issued by the districts.

Consolidation of school districts upon favorable referendum

Section 8. Notwithstanding any other provision of law, the Anderson County Board of Education may not consolidate any of the school districts of the county unless the registered electors of the county voting in a referendum authorize the consolidation.

Board and local districts to comply with Education Finance Act of 1977

Section 9. Notwithstanding any other provision of law, the Anderson County Board of Education and the local school districts of Anderson County shall be required to comply with the provisions of the Education Finance Act of 1977; however, the Anderson County Board of Education shall be vested with the power to review and approve the budget of the school districts and shall further be vested with the power to review and approve requests by the school districts for any increase or decrease in taxation or millage in keeping with the needs of each school district and the requirements of the aforesaid Education Finance Act.

Time effective

Section 10. This act shall take effect upon the approval by the Governor.