H 5070 Session 112 (1997-1998)
H 5070 General Bill, By Altman
A BILL TO CREATE SEVEN INDEPENDENT AND AUTONOMOUS SCHOOL DISTRICTS IN
CHARLESTON COUNTY, EACH DISTRICT TO BE GOVERNED BY A SEVEN-MEMBER BOARD TO BE
ELECTED IN THE GENERAL ELECTION BEGINNING IN 2000, TO DEVOLVE THE POWERS AND
DUTIES OF THE CHARLESTON COUNTY SCHOOL BOARD AND CONSTITUENT BOARDS UPON THESE
DISTRICTS AND THEIR RESPECTIVE BOARDS; TO ESTABLISH THE COUNCIL OF BOARD
CHAIRMEN FOR EDUCATIONAL SERVICES TO PROVIDE CERTAIN SUPPLIES AND SERVICES TO
THE DISTRICTS WITH THE AUTHORITY TO LEVY TAXES FOR OPERATING COSTS; TO
CONDITION THE ESTABLISHMENT OF THESE DISTRICTS AND THEIR RESPECTIVE BOARDS ON
A REFERENDUM TO BE HELD AT THE TIME OF THE GENERAL ELECTION IN 1998; AND TO
REPEAL ACT 340 OF 1967 RELATING TO THE CHARLESTON COUNTY SCHOOL BOARD AND ALL
OTHER ACTS INCONSISTENT WITH THIS ACT.
04/22/98 House Introduced and read first time HJ-53
04/22/98 House Referred to delegation from Charleston HJ-53
A BILL
TO CREATE SEVEN INDEPENDENT AND AUTONOMOUS
SCHOOL DISTRICTS IN CHARLESTON COUNTY, EACH
DISTRICT TO BE GOVERNED BY A SEVEN-MEMBER BOARD
TO BE ELECTED IN THE GENERAL ELECTION BEGINNING
IN 2000, TO DEVOLVE THE POWERS AND DUTIES OF THE
CHARLESTON COUNTY SCHOOL BOARD AND
CONSTITUENT BOARDS UPON THESE DISTRICTS AND
THEIR RESPECTIVE BOARDS; TO ESTABLISH THE COUNCIL
OF BOARD CHAIRMEN FOR EDUCATIONAL SERVICES TO
PROVIDE CERTAIN SUPPLIES AND SERVICES TO THE
DISTRICTS WITH THE AUTHORITY TO LEVY TAXES FOR
OPERATING COSTS; TO CONDITION THE ESTABLISHMENT
OF THESE DISTRICTS AND THEIR RESPECTIVE BOARDS ON
A REFERENDUM TO BE HELD AT THE TIME OF THE
GENERAL ELECTION IN 1998; AND TO REPEAL ACT 340 OF
1967 RELATING TO THE CHARLESTON COUNTY SCHOOL
BOARD AND ALL OTHER ACTS INCONSISTENT WITH THIS
ACT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. (A) As of January 1, 2000, the following
independent and autonomous school districts are created in
Charleston County:
(1) East Cooper School District formerly constituent School
Districts No. 1 and No. 2;
(2) James Island School District formerly constituent School
District No. 3;
(3) North Charleston School District formerly constituent
School District No. 4;
(4) Johns Island School District formerly constituent School
District No. 9;
(5) St. Andrews School District formerly constituent School
District No. 10;
(6) Charleston City School District formerly constituent
School District No. 20; and
(7) St. Paul's School District formerly constituent School
District No. 23.
(B) Each district must be governed by a seven-member board of
trustees. Board members for each district must be residents of their
respective districts, qualified electors, and elected at large in a
partisan election held at the time of the general election beginning in
2000.
(C) A board may petition the Charleston County Legislative
Delegation to change from the "at-large" system of
electing its members to the "single-member" system or
any combination of the two.
(D) Members shall serve terms of four years and until their
successors are elected and qualify.
(E) Each board shall establish annual compensation for its
members, not to exceed three thousand dollars, and members must be
reimbursed for mileage, per diem, and subsistence pursuant to law for
members of state boards, committees, and commissions.
SECTION 2. (A) In addition to the duties, powers, and
responsibilities provided by law for county boards of education and
for school district trustees, the powers conferred upon the Charleston
County School District, the Board of Trustees for the Charleston
County School District, and the constituent school districts of
Charleston County and their respective boards of trustees are
devolved upon the school districts and their respective boards as
created in Section 1.
(B) All real property of the Charleston County School District and
its Board of Trustees and all personal property within the constituent
school districts are transferred to the appropriate school districts and
their respective boards, except that the current building and personal
property at the Leeds Avenue, Charleston County School District
facility and all real and personal property at the Charleston County
School District administrative building at 75 Calhoun Street,
Charleston, South Carolina are transferred to the Council of Board
Chairmen for Educational Services, established pursuant to Section
3. This council also shall maintain and manage this property and
may determine future disposition of the property. Any proceeds or
assets sold by the council must be distributed to the respective
districts on a per capita student basis.
SECTION 3. (A) There is created the Council of Board Chairmen
for Educational Services composed of the board chairs of each school
district. The chairman of the council shall rotate annually among the
seven school board chairs. The council shall adopt rules governing
its operations and procedures. The council shall provide supplies and
services to the school districts and shall hire a director and other
personnel necessary to provide the services authorized by this act.
(B) Services offered through the council must include, but are not
limited to:
(1) providing a director of special education who must ensure
that special education services offered by and to special education
students meet, if not surpass, the services offered by the Charleston
County School District;
(2) a food service director;
(3) a director of security;
(4) central purchasing;
(5) an insurance purchasing service;
(6) coordination of student bus transportation;
(7) payroll services.
The council shall offer other services as it considers necessary and
may privatize its services as it considers appropriate.
(C) Operating funds for the Council of Board Chairmen in its first
year must be provided by the school districts from funds transferred
from the former consolidated school district. For operating funds in
subsequent years, the council shall assess a per pupil fee based on the
total number of students from all districts, may levy a special millage
in each district, or may charge a fee for services rendered. Surplus
funds may not exceed five percent of the prior year's budget.
SECTION 4. There is created the Advisory Council of District
Superintendents composed of the superintendent of each school
district which shall confer and communicate in an advisory capacity
with the Council of Board Chairmen for Educational Services upon
the council's request.
SECTION 5. The bonded indebtedness of the Charleston County
School District existing on December 31, 1999 must be divided
among the seven school districts commensurate with the debt
attributable to each district.
Council of Board Chairmen for Educational Services shall levy and
collect a countywide tax sufficient to pay off the indebtedness as it
comes due, and each district shall levy its own ratable millage rate to
reimburse the council until the debt is paid. The council has no
authority to levy any other millage not specified in this act.
SECTION 6. (A) The establishment of the school districts
pursuant to this act does not affect school building personnel
seniority or longevity. All school building employees in good
standing employed on January 1, 2000, who wish to remain
employed must be offered employment at their current school
location or the same level of employment at a different location for
at least one year and must be given preference in employment for one
year thereafter. No school building employee's compensation may be
involuntarily reduced as a result of this act.
(B) All other Charleston County School District employees must
be given preference for positions within the seven school districts
where positions are available through December 31, 2000.
SECTION 7. Nothing in this act may be construed to discriminate
for or against "magnet schools". These schools may be
created and maintained in accordance with policies and procedures
of the respective independent school districts created by this act.
SECTION 8. (A) The members serving on the respective
constituent district school boards at the time of the general election
in 2000 shall continue to serve until January 1, 2001, after which the
board members of the seven districts created pursuant to Section 1
shall take office.
(B) Of the school board members first elected in 2000, the four
members of each board receiving the highest number of votes shall
serve terms of four years and the remaining three shall serve terms of
three years.
SECTION 9. (A) At the General Election in 1998, the following
referendum must be placed on the ballot:
"Shall the Charleston County School District be abolished
and seven separate and autonomous school districts be established
with all the powers and duties previously exercised by the
consolidated school district?"
SECTION 10. (A) If a majority votes in favor of the referendum
held pursuant to Section 9, the Charleston County School Board may
not incur any debt, dispose of any assets, or spend any funds not in
the normal course of business subsequent to the general election.
(B) If a majority vote in favor of the referendum held pursuant to
Section 9, the Charleston County School Board is directed to employ,
within sixty days at its expense, an outside audit and inventory firm
or firms approved by the Legislative Audit Council to do a thorough
and complete fiscal audit of the entire consolidated school district and
all of its accounts, assets, and liabilities and an inventory and
appraisal of all physical assets. This audit and inventory must be
inclusive from June 30, 1995. Upon completion, the audit and
inventory must be released to the public, to the Charleston County
School Board, and to the Charleston County Legislative Delegation.
(C) The office of the Attorney General is designated as the sole
source of and attorneys for all legal matters and representation in
connection with the deconsolidation contemplated or accomplished
under this act, and it alone shall prosecute or defend any necessary
litigation in connection with these matters at the expense of the
Charleston County School District or its successors.
(D) The Charleston County School Board is expressly prohibited
from allocating or expending any public dollars to litigate any issue
in connection with this act, unless specifically authorized in writing
by the office of the Attorney General, and all attorneys employed by
the Charleston County School Board must be considered to be under
the supervision of the Attorney General in all matters connected with
this act.
(E) If this act creates the need to collect or create information or
analysis for any purpose, the Charleston County School District shall
accomplish this at its expense under the supervision of the Attorney
General.
SECTION 11. Act 340 of 1967 is repealed, and local acts pertaining
to any school district of Charleston County inconsistent with the
provisions of this act are repealed, it being the intent of the General
Assembly to have this act and the general law be the only provisions
of law governing the school districts of the county and the district
boards of education.
SECTION 12. Section 9 takes effect upon approval by the
Governor. The remaining sections take effect only upon certification
of a majority "yes" vote in the referendum held pursuant
to Section 9.
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