S*993 Session 104 (1981-1982)
S*0993(Rat #0497, Act #0503 of 1982) General Bill, By Moore
A Bill to establish all of the area of Aiken County and a portion of Saluda
County as the school district of Aiken County; to create the Aiken County
Board of Education, provide for the election of its members, to establish the
terms; to provide for the filling of vacancies; to provide for meetings and
organization of the Board; to provide area advisory councils in each
administrative area and to provide for the powers and duties of such councils;
to define the duties of the County Superintendent of Education; to provide for
area superintendents; to provide for a tax levy for the operation of the
district for fiscal year 1981-82 and to provide that a portion of the levy
shall be used exclusively to comply with the requirements of the Education
Finance Act of 1977; to provide for an additional levy to be used exclusively
for the operation of the school district; to repeal Act 461 of 1967, Acts 1093
and 1172 of 1968, Act 139 of 1971, Acts 267 and 268 of 1977, (collectively
designated as Sections 21-1038 through 21-1043 of the Code of Laws of South
Carolina, 1962), relating to the school districts and the County Board of
Education of Aiken County; to repeal Act 637 of 1980, relating to the time for
taking office for members of the Aiken Board of Education; to repeal Acts 216
and 217 of 1981, relating to the authorization of the Aiken County Board of
Education to levy a tax.
04/22/82 Senate Introduced, read first time, placed on calendar
without reference SJ-13
04/28/82 Senate Read second time SJ-28
04/28/82 Senate Ordered to third reading with notice of
amendments SJ-13
04/29/82 Senate Read third time and sent to House SJ-16
05/04/82 House Introduced and read first time HJ-2761
05/04/82 House Referred to delegation from Aiken HJ-2761
05/05/82 House Delegation report: Favorable with amendment Aiken
HJ-2808
05/05/82 House Amended HJ-2809
05/05/82 House Read second time HJ-2810
05/06/82 House Read third time HJ-2829
05/06/82 House Returned HJ-2829
05/27/82 Senate House amendment amended SJ-8
05/27/82 Senate Returned SJ-8
06/01/82 House Concurred in Senate amendment and enrolled HJ-3740
06/02/82 House Ratified R 497 HJ-120
06/08/82 Signed By Governor
06/08/82 Effective date 06/08/82
06/08/82 Act No. 503
06/24/82 Copies available
(A503, R497, S993)
AN ACT TO ESTABLISH ALL OF THE AREA OF AIKEN COUNTY AND A PORTION OF SALUDA
COUNTY AS THE SCHOOL DISTRICT OF AIKEN COUNTY; TO CREATE THE AIKEN COUNTY BOARD
OF EDUCATION; PROVIDE FOR THE ELECTION OF ITS MEMBERS; TO ESTABLISH THE TERMS;
TO PROVIDE FOR THE FILLING OF VACANCIES; TO PROVIDE FOR MEETINGS AND ORGANIZATION
OF THE BOARD; TO PROVIDE AREA ADVISORY COUNCILS IN EACH ADMINISTRATIVE AREA AND
TO PROVIDE FOR THE POWERS AND DUTIES OF SUCH COUNCILS; TO DEFINE THE DUTIES OF
THE COUNTY SUPERINTENDENT OF EDUCATION; TO PROVIDE FOR AREA SUPERINTENDENTS; TO
PROVIDE FOR A TAX LEVY FOR THE OPERATION OF THE DISTRICT FOR FISCAL YEAR 1981-82
AND TO PROVIDE THAT A PORTION OF THE LEVY SHALL BE USED EXCLUSIVELY TO COMPLY
WITH THE REQUIREMENTS OF THE EDUCATION FINANCE ACT OF 1977; TO PROVIDE FOR AN
ADDITIONAL LEVY TO BE USED EXCLUSIVELY FOR THE OPERATION OF THE SCHOOL DISTRICT;
TO REPEAL ACT 461 OF 1967, ACTS 1093 AND 1172 OF 1968, ACT 139 OF 1971, ACTS 267
AND 268 OF 1977, (COLLECTIVELY DESIGNATED AS SECTIONS 21-1038 THROUGH 21-1043 OF
THE CODE OF LAWS OF SOUTH CAROLINA, 1962), RELATING TO THE SCHOOL DISTRICTS AND
THE COUNTY BOARD OF EDUCATION OF AIKEN COUNTY; TO REPEAL ACT 637 OF 1980,
RELATING TO THE TIME FOR TAKING OFFICE FOR MEMBERS OF THE AIKEN BOARD OF
EDUCATION; AND TO REPEAL ACTS 216 AND 217, RELATING TO THE AUTHORIZATION OF THE
AIKEN COUNTY BOARD OF EDUCATION TO LEVY A TAX.
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 Aiken County.
School District of Aiken County created
Section 2. There is hereby created a school district which shall be comprised
of all of Aiken County, and that portion of Saluda County formerly constituting
Ridge Spring School District No. 2 of Saluda County, as set forth and delineated
on a map on the wall of the office of the Saluda County Board of Education, which
school district shall be known as the Consolidated School District of Aiken
County (the School District).
Composition of board of education
Section 3. The Aiken County Board of Education shall be composed of nine
members, who shall be qualified electors of the Consolidated School District of
Aiken County. For the purpose of electing the Board of Education, the school
district is divided into five election areas which are described as follows:
Election Area No. 1 shall be described as follows: Commencing at a point along
the common Aiken County-Edgefield County line at joint corner with Area 3 where
the Southern Railway intersects said county line, and running thence in a
southerly direction and then in a southwesterly direction along the common line
with Area 3 where said common boundary line intersects South Carolina Highway 146
at its junction with Town Creek; thence continuing in a southerly and in a
southeasterly direction, and later in a southerly and southwesterly direction
along the joint line with Election Area 5 as hereinafter described, to the point
where said joint line intersects with property of the United States (Savannah
River Plant) where Upper Three Runs Creek intersects with property of the United
States; thence, continuing in a southeasterly and easterly direction along
property of United States to the Barnwell County line; thence in an easterly
direction with the Barnwell County line to the point where South Fork Edisto
River intersects said county line; thence, in a northerly direction along the
line of the said South Fork Edisto River and with said river past Interstate 20
to the point where Bridge Creek intersects with said river; thence, in a
northwesterly direction with Bridge Creek and thence along the easterly headwater
of said Bridge Creek in a northerly direction and along the straight line to the
intersection of Road 578 with a short, unimproved county road; thence, northerly
along such unimproved county road for approximately 4,500 feet to the point where
such road bends to the East; thence, along a straight line in a northwesterly
direction, paralleling in part another unimproved county road, and extending
along the line of a small branch which is the easternmost headwater of Bulls
Branch, just west of Yonce Mills Pond, and extending along the line of such small
branch headwater of Bulls Branch to the point where the small branch intersects
the Edgefield County line, such point being approximately 3,000 feet southwest
of the intersection of highway 720 with said Edgefield County line; and thence
in a southwesterly direction along the Aiken County-Edgefield County line to the
point of beginning.
Election Area No. 2 shall be described as follows: Beginning at a point on the
northeastern side of the Savannah River at the Edgefield County-Aiken County
line, running thence in a northeasterly direction with the Edgefield County-Aiken
County line to the intersection of such line with Ridge Road (South Carolina
Highway No. 253); thence following said Ridge Road (South Carolina Highway No.
253) to the point of its intersection with Ascauga Lake Road (South Carolina
Highway No. 33); thence, following a line from this intersection to the
northeastern tip of Sudlow Lake, where said lake is fed by Little Horse Creek;
thence, following the Sudlow Lake and Little Horse Creek to a point where the
said Little Horse Creek intersects with branch from Mathis Lake; thence,
following the branch from Mathis Lake for approximately three-quarters of a mile
to the point of its intersection with a road, said road being one running
easterly from Belvedere-Clearwater Road (South Carolina Highway No. 126) to
Sudlow Lake Road (South Carolina Highway No. 254), said road being sometimes
referred to as Parson Road; thence, following said Parson Road in a westerly
direction to the point of its intersection with Belvedere-Clearwater Road (South
Carolina Highway No. 126): thence, across Belvedere-Clearwater Road and following
Willow Springs Road to the point of its intersection with Bradleyville Road;
thence, with the said Bradleyville Road to the point of its intersection with
Storm Branch; thence, in a generally southerly direction with Storm Branch to the
point of its intersection with Horse Creek; thence, west with said Horse Creek
to the Savannah River; thence, in a generally northerly direction with the
Savannah River back to the point of beginning.
Election Area No. 3 shall be described as follows: Commencing at a point on the
common boundary of Edgefield County with Aiken County at the intersection of
Ridge Road (South Carolina Highway No. 253) with said boundary line, and running
thence in a southerly direction along a common line with the eastern and
southeastern boundary of Election Area 2, as described in said Election Area 2,
to the point at which said Election Area 2 intersects with Horse Creek; thence,
continuing in a southerly direction with the common boundary of Election Area 5
along South Carolina Highway No. 145, and subject to the provisions in the
description of Election Area 5 concerning property owned on both sides of said
South Carolina Highway 125, along certain portions thereof, to the intersection
of said South Carolina Highway No. 125 with Town Creek; thence, continuing in an
easterly direction with said Town Creek to the western edge of Wilson's Pond;
thence, along a straight line in a northeasterly direction from the western edge
of Wilson's Pond to the intersection of South Carolina Highway 19 Bypass (also
known as South Carolina Highway No. 118) with U. S. 1 and 78; thence,
northeasterly with said bypass to the point of its intersection with South
Carolina Highway 80; thence, in a southeasterly direction along South Carolina
Highway 80 (also known as Trolley Line Road) to the point of its intersection
with Road 1303; thence, with Road 1303 to the point of its intersection with Road
105 (also known as Vaucluse Road); thence, northerly along Vaucluse Road to the
intersection with Road 1467; thence, northeasterly along Road 1467 to the point
where said road is no longer improved and thence, in a straight line in a
northeasterly direction to a point and intersection of South Carolina Highway No.
191 with Road 1237; and thence extending in a northwesterly direction along Road
1237 to a bridge at the intersection of said road with Little Horse Creek;
thence, in a short straight line from said bridge to Southern Railway
right-of-way; thence, in a northerly direction along the right-of-way of said
railway to the point of its intersection with the Aiken County-Edgefield County
line; thence, in a westerly direction back to the point of beginning.
Election Area No. 4 shall be described as follows: Beginning at a joint corner
with Area 1 at the point where the joint line of Area 1 and Area 4 intersect the
Aiken County-Edgefield County line along a point where said line is crossed by
the easternmost headwater of Bulls Branch, such point being approximately 3,000
feet west of the intersection of Road 720 with Edgefield County-Aiken County
line; and running thence in an easterly direction along the Edgefield
County-Aiken County line to the point where such line is intersected by the
Saluda County line; thence, running in a northwesterly direction with the Saluda
County line to a point along state road S-19-21 (which constitutes the county
line) approximately one-half mile west of the intersection of said S-19-21 with
South Carolina Highway 121; thence, in a northeasterly direction and crossing
said Highway 121 just north of its intersection with an unnamed county road, and
following then the line of Mine Creek to a point where it crosses an unimproved
county road; thence, with such unimproved county road to its intersection with
South Carolina Highway 193, just south of the intersection of Road 119 with South
Carolina Highway No. 193; thence, continuing in a northeasterly direction to a
point on Road 165, as shown by the official school plats of Aiken and Saluda
Counties, and continuing from that point in an easterly, southerly,
northeasterly, southeasterly, southwesterly, southerly, and southeasterly
direction to an intersection with U. S. Highway No. 1 with an unnamed road which
leads to Hibernia, all of which is shown on the official school maps of Aiken and
Saluda Counties; and continuing thence in a northeasterly direction with the
joint Aiken-Saluda County line to the point where such line intersects with
Chinquapin Creek; thence, following a course of Chinquapin Creek in a
southeasterly direction and into the North Fork Edisto River, and continuing with
said river to the point of its intersection with the Orangeburg County line;
thence, in a southwesterly direction with the Orangeburg County line to a point
where said line is intersected by the South Fork Edisto River which forms a joint
corner of Area 4 and Area 1; thence, continuing in a northwesterly direction
along the South Fork Edisto River with the joint line of Area 1 back to the point
of beginning.
Election Area No. 5 shall be described as follows: Starting at the confluence
of the Horse Creek with the Savannah River and running thence in an easterly
direction with Horse Creek to its intersection with South Carolina Road No. 145;
thence, in a southeasterly direction with the said South Carolina Road No. 145
to its intersection with South Carolina Road No. 146 and thence with the said
South Carolina Road No. 146 to the point of its intersection with Hollow Creek;
provided, however, that all persons residing on the eastern side of the said
South Carolina Road No. 145, and South Carolina Road No. 146, south of the point
where South Carolina Road No. 145 intersects with South Carolina Road No. 65 and
north of the point where South Carolina Road No. 146 intersects with Hollow
Creek, if the land upon which such person resides shall be contiguous and
bounding in part on the aforesaid segments of South Carolina Road No. 145 or 146
it shall be included in Area 5; thence, with the said Hollow Creek in an easterly
direction to the point of its intersection with Anderson Mill Pond Road; thence,
following the said Anderson Mill Pond Road to the point of its intersection with
South Carolina Highway No. 19, thence, in a southwesterly direction along South
Carolina Highway No. 19 to the point of its intersection with South Carolina Road
No. 1755; thence, in a southeasterly direction with Road No. 1755 to the point
of its intersection with Talatha Church Road; thence, along said Talatha Church
Road in a southeasterly direction to the point of its intersection with South
Carolina Road No. 79, provided that persons residing on property along the south
side of said Talatha Church Road, between the point of its intersection with Road
1755 and Road 79, wherein such property is contiguous and bounded in part along
the said Talatha Church Road between such points, shall be included in Election
Area 1 and not in Election Area 5; thence, along an imaginary survey line from
the point of the intersection of Talatha Church Road with South Carolina Road No.
79 in an east-southeasterly direction to a point on Jackson Branch at its
intersection on an unnamed, short dirt road coming off of South Carolina Road No.
113; thence, along the said Jackson Branch in a southerly direction to its
intersection with Three Runs Creek; thence, with the said Three Runs Creek in a
southwesterly direction to its intersection with property of United States, known
as the Savannah River Project; thence, along the northern boundary of the United
States Savannah River Project in a westerly direction to its intersection with
the Savannah River thence, continuing in a generally northerly line along the
course of the Savannah River to the point of beginning.
Electors shall vote at such precincts as may be designated by the Aiken County
Election Commission, and each elector shall satisfy the box manager that he is
a bona fide elector. There shall be one member of the Board of Education from
each of the five election areas, and four members shall be residents of the
district at large, and all nine members shall be voted on by the qualified
electors of the entire school district. Terms of members shall be for four years
and until their successors are elected and qualify, except to effect an orderly
transition and stagger the terms of the two new members of the board as provided
in this act, the initial election for the new members shall be conducted as
follows:
(1) The new seat for a board member from Area 5 shall be filled by election in
the general election of 1982 with the person elected assuming office at the first
board meeting in January, 1983, and with such term to be for a period of four
years.
(2) The new at-large seat shall be filled by election in the general election
of 1982 with the person elected assuming office at the first board meeting in
January, 1983, and with such initial term being for a period of two years.
(3) After the expiration of the initial two-year term of the new at-large
member provided for in item (2), the at-large seat shall thereafter be elected
for terms of four years in the general election in the year preceding the
expiration of such term.
The County Board of Education shall maintain five administrative areas for
operational purposes within the school district. The designation of election
areas previously described shall not be construed, however, to mandate that the
administrative areas be coextensive with, or identical to, such election areas
and the County Board of Education shall be vested with authority to make such
designation of attendance zones or lines, or changes therein, as may be necessary
for the efficient administration, utilization and operation of the public schools
within the school district.
Election of members of board
Section 4. Members of the County Board of Education shall be elected in
elections held in each even-numbered year at the time of the general election to
succeed the members whose terms expire in the following year. The Aiken County
election commissioners shall conduct the election, canvass the vote, and certify
the results. Managers in each precinct for the general election shall serve as
managers of the Board of Education election. The laws of the general election
shall apply except as otherwise specified in this section. The Aiken County
Election Commission shall list as a candidate any qualified resident elector on
whose behalf fifty or more electors sign a request that his name be listed. If
fewer nominating petitions are filed than there are places to fill in the
election, the election commission shall, upon written request of the incumbent,
place in nomination the name of such incumbent. All nominating petitions must be
in the hands of the chairman of the election commission by three p.m. sixty days
before the date of the general election. Any person desiring to be considered as
a write-in candidate for such election must file with the chairman of the
election commission no later than three days prior to the election date a written
notice of intent and willingness to serve if elected. A ballot separate from
general election ballots shall be provided at each precinct where the election
is held by the Aiken County Election Commission.
Vacancies in board
Section 5. The selection of members of the board as above provided shall be
certified to the Secretary of State by the County Board of Education and he shall
thereupon issue a commission to each person selected. All board members shall
take office at the first board meeting in January following their election. In
the case of a vacancy in the office of the member at large, a successor shall be
appointed by the county board; in the case of a vacancy in the once of a member
from an administrative area, a successor shall be appointed by the county board
after receiving a recommendation from the Area Advisory Council in the area where
the vacancy has occurred.
Powers of board
Section 6. The County Board of Education (board) shall be granted all of the
powers and charged with all of the duties otherwise provided by law and shall
have executive, financial, and administrative control of the public schools in
the school district, subject however, to the provisions of this section.
On or before June first of each year, the board shall prepare a complete budget
for the schools of the school 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 the functions of the board, 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 of the school district. The
budget shall be accompanied by a report of expenditures for the then 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 expenditure. Copies of this budget
shall be distributed to all members of the board, the county superintendent of
education, all members of the Aiken County Legislative Delegation, the county
auditor, and county treasurer.
Before the board may take final action on its annual budget, it shall hold a
public hearing concerning such budget, which public hearing shall be held before
the fifteenth day of June of each year or within thirty days after final approval
of the state appropriation bill. A copy of such budget and a notice of the time
and place of such public hearing shall be published in a newspaper of general
circulation in Aiken County at least fifteen days before the public hearing is
held. Following the public hearing and upon compliance with the provisions of
this section and after taking into account all funds available or to become
available from all sources other than from the levy of Aiken County property
taxes, the board shall recommend to the county auditor the county property tax
levy necessary for the operation of the public schools during the period covered
by the budget and in accordance therewith. If the county property tax levy
recommended by the board is not in excess of that for the current fiscal year and
is otherwise within the limits authorized by law, the county auditor shall levy
and the treasurer shall collect the county property taxes in an amount sufficient
to meet this budget.
Board to be ex officio board of school trustees
Section 7. The County Board of Education shall be ex officio the board of
school trustees of the School District. The County Board of Education may issue
short-term notes in anticipation of federal aid, state aid, or taxes.
Board may fix length of school term
Section 8. The County Board of Education may fix the length of the school term
for the School District and the dates for the opening and closing of school terms
and may establish holidays.
Board shall examine contracts
Section 9. The County Board of Education shall examine all contracts for the
employment of teachers and other employees and no contract shall be binding upon
the board or upon the School District, nor shall any part of the money called for
in such contract be paid, until such contract has been approved by the board.
Board may enter into contractual arrangements
Section 10. In addition to all other powers, the County Board of Education may
enter into contractual arrangements with the school authorities of any school
district adjacent to the Consolidated School District of Aiken County on such
terms and conditions as shall be mutually agreeable for the interchange of pupils
residing within the Consolidated School District of Aiken County and any pupils
residing within any school district adjacent to the School District so that
pupils residing in the Consolidated School District of Aiken County may attend
schools of school districts adjacent to the Consolidated School District of Aiken
County, and pupils residing in school districts adjacent to the Consolidated
School District of Aiken County may attend schools supported by the Consolidated
School District of Aiken County and located within the Consolidated School
District of Aiken County.
Indebtedness
Section 11. All indebtedness of, and other obligations now existing or
hereafter incurred by, the School District of Aiken County, as reestablished in
1965, and all bonded indebtedness and other obligations of Ridge Spring School
District No. 2 of Saluda County shall be and are hereby imposed upon the
Consolidated School District of Aiken County, for whose payment, according to
their tenor and effect, the faith and credit of the Consolidated School District
shall be pledged.
Board to appoint district superintendent
Section 12. The County Board of Education shall appoint a district
superintendent of schools, whose duties shall be to operate the schools of the
School District as provided by law and subject to the rules regulations, and
policies of the County Board of Education. In the selection and appointment of
the district superintendent of schools, the County Board of Education shall
require as a minimum the qualifications necessary for state certification as a
school superintendent.
Responsibilities of district superintendent
Section 13. In addition to such other duties as may be required, the district
superintendent shall have the following responsibilities:
(1) Nominate for employment by the County Board of Education school personnel,
including but not limited to, professional teachers, administrators, and clerical
staff, maintenance, custodial, food service, business, and mechanical as may be
requited.
(2) Submit to the board of education a budget on or before the second Tuesday
of May of each year showing all anticipated revenues and expenditures for the
School District for the twelve months period beginning July first of each year.
As a part of the financial plan of the School District as represented by the
budget, there shall be included a Projected Capital Need Budget for the budget
year and for the two years beyond.
(3) Publish annually a report of School District operations no later than
September first, following the fiscal year ending June thirtieth.
(4) Execute policies for the operation of the School District as approved by
the board of education, recommend to the board for consideration changes in
policies, and consult with the board when in doubt as to his official duty.
The district superintendent shall not hold an elective public office during the
tenure of his employment by the board of education.
Area Advisory Council
Section 14. The board of education is authorized to appoint for each
administrative area an Area Advisory Council composed of seven members in each
area, whose terms of office shall be three years; provided, that initially three
members shall be appointed for a term of three years, two for a term of two
years, and two for a term of one year. The length of the terms of the members
initially appointed shall be determined by lot. In Administrative Area No. 4 two
members of the Area Advisory Council shall be residents of that portion of Saluda
County formerly designated as Ridge Springs School District No. 2 of Saluda and
shall be appointed as provided in Act 244 of 1959 (formerly designated as Section
21-3954, Code of Laws of South Carolina, 1962); provided, that the length of the
term shall be three years rather than four and staggered terms are set as
provided elsewhere in this or other acts.
Councils to determine local policies
Section 15. The Area Advisory Councils shall determine local policies in their
respective administrative areas; provided, such policies are not inconsistent
with the policies set forth by the County Board of Education. The County Board
of Education may delegate additional authority to the Area Advisory Councils to
the extent necessary for the effective operation of the public schools in the
county.
Patrons of the schools in each administrative area shall present their
grievances to their Area Advisory Council through their area superintendent.
Appeals may be made to the County Board of Education.
Area superintendents
Section 16. Each of the administrative areas shall have an area superintendent
appointed by the County Board of Education upon recommendation of the district
superintendent. Each area superintendent shall be responsible to the district
superintendent for the operation of the schools within his area and the annual
preparation of a proposed classified budget for the operation of the schools in
his administrative area. The superintendent shall have supervisory control over
the expenditure of funds allocated to his area. Each area superintendent shall
recommend to the district superintendent for nomination to the county board for
employment those school personnel whose services are required to his
administrative area. The area superintendents shall be delegated additional
authority as deemed necessary in consultation with the district superintendent
of schools by the County Board of Education.
Board authorized to levy millage
Section 17. The Aiken County Board of Education is authorized to levy for the
operation of the School District of Aiken County in 1981-82 and in ensuing years
a tax in an amount not to exceed 96.4 mills. The additional 4.4 mills that the
96.4 mills constitutes over the 1979-80 levy shall be used exclusively to comply
with the local support requirements of Act 163 of 1977 (Education Finance Act).
Additional levy
Section 18. In addition to the levy authorized by Section 17, the Aiken County
Board of Education is hereby authorized to levy five mills for fiscal year
1981-82 only which shall be used exclusively for the operations of the School
District.
Repeal
Section 19. Act 461 of 1967, Acts 1093 and 1172 of 1968, Act 139 of 1971, Acts
267 and 268 of 1977 (collectively designated as Sections 21-1038 through 21-1043
of the 1962 Code), Act 637 of 1980, and Acts 216 and 217 of 1981 are repealed.
Time effective
Section 20. This act shall take effect upon the approval by the Governor. |