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Bill 782

                    Current Status

Bill Number:                      782
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990429
Primary Sponsor:                  McConnell
All Sponsors:                     McConnell
Drafted Document Number:          l:\council\bills\bbm\9269som99.doc
Residing Body:                    Senate
Subject:                          Charleston County School Districts, 
                                  Trustees, Reapportionment of; Elections, 
                                  Referendum


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990429  Introduced, read first time,
                  placed on local and uncontested
                  Calendar


                             Versions of This Bill
Revised on April 29, 1999 - Word format

Indicates Matter Stricken

Indicates New Matter

INTRODUCED

April 29, 1999

S. 782

L. Printed 4/29/99--S.

Read the first time April 29, 1999.

TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND VARIOUS DUTIES OF THE DISTRICT SUPERINTENDENT AND THE BOARD, SO AS TO PROVIDE THAT THE SCHOOL BOARD, BEGINNING WITH THE YEAR 2000 CENSUS AND EVERY TEN YEARS THEREAFTER, SHALL BE REAPPORTIONED; TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION OF CHARLESTON COUNTY IS THE CHIEF EXECUTIVE OFFICER OF THE DISTRICT WHO, SUBJECT TO THE POLICIES OF THE BOARD OF TRUSTEES, HAS THE NECESSARY POWERS TO PERFORM THAT DUTY, AND TO PROVIDE THAT THE SUPERINTENDENT'S LAWFUL EXERCISE OF POWER MAY BE OVERRIDDEN BY THE BOARD ONLY BY A TWO-THIRDS VOTE OF THE MEMBERSHIP OF THE BOARD; TO PROVIDE FOR ADDITIONAL DUTIES OF THE BOARD CONCERNING SCHOOL BUS TRANSPORTATION AND REMOVE THESE DUTIES FROM THE CONSTITUENT DISTRICTS; TO PROVIDE THE SUPERINTENDENT OF EDUCATION HIRES ALL TEACHERS AND PERSONNEL OF THE CONSTITUENT DISTRICTS; TO PROVIDE THAT THE BOARD MUST OBTAIN COUNTY COUNCIL APPROVAL TO EXCEED THE CAP OF NINETY MILLS ANNUAL TAX LEVY; TO CREATE SEVEN INDEPENDENT AND AUTONOMOUS SCHOOL DISTRICTS IN CHARLESTON COUNTY AS OF JANUARY 1, 2001; TO PROVIDE FOR THE GOVERNANCE OF EACH SUCH SCHOOL DISTRICT; 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 DISTRICTS WITH THE AUTHORITY TO LEVY TAXES FOR OPERATING COSTS; TO PROVIDE FOR THE DIVISION OF THE BONDED INDEBTEDNESS OF THE CHARLESTON COUNTY SCHOOL DISTRICT EXISTING ON DECEMBER 31, 2000, AMONG THE SEVEN SCHOOL DISTRICTS AND PAYMENT OF THE INDEBTEDNESS; TO CONDITION THE ESTABLISHMENT OF THESE DISTRICTS AND THEIR RESPECTIVE BOARDS UPON THE CERTIFICATION OF A MAJORITY FAVORABLE VOTE IN A REFERENDUM TO BE HELD AT THE TIME OF THE GENERAL ELECTION IN 2000; AND TO REPEAL ACT 340 OF 1967, RELATING TO THE CHARLESTON COUNTY SCHOOL BOARD AND ALL OTHER ACTS INCONSISTENT WITH THIS ACT ON JANUARY 1, 2001, UPON THE CERTIFICATION OF A MAJORITY FAVORABLE VOTE IN THE REFERENDUM HELD AT THE YEAR 2000 GENERAL ELECTION.

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

SECTION 1. Subsection (a) of Section 3 of Act 340 of 1967, as last amended by Act 230 of 1983, is further amended to read:

"(a) The initial members of the board of trustees appointed pursuant to Section 2 of this act shall take office on July 1, 1967, and from that date through June 30, 1968, shall exercise all of the powers, duties, and functions now devolved by law upon the county board of education of Charleston County. On and after July 1, 1968, they shall serve as the board of trustees for the Charleston County School District created by this act. The members of the board of trustees shall meet within ten days after their appointment and shall organize by electing from their number a chairman and vice chairman. All meetings of the board shall must be held in the office of the superintendent of education for the School District of Charleston County. The members of the board shall receive a per diem allowance of twenty-five dollars for meetings actually attended, not exceeding fifty meetings in any a calendar year and mileage at the rate of nine cents per mile for each mile of travel from the place of his residence to and from such these meetings. A majority of the board members shall constitute the action of the board. The terms of office of the members of the county board of education of Charleston County shall must be terminated on June 30, 1967.

Beginning with the year 2000 census and every ten years thereafter, the school board shall be reapportioned in conjunction with legislative reapportionment to ensure that all county residents have equal representation on the school board."

SECTION 2. Section 4 of Act 340 of 1967, as last amended by Act 471 of 1971, is further amended to read:

"Section 4. The Superintendent of Education of Charleston County shall be appointed by the Board of Trustees of the Charleston County School District to serve under such the terms and conditions as the board may prescribe. He shall be selected on the basis of professional qualifications as an administrator and shall have had experience in the administration of the affairs of schools. The Superintendent of Education shall act as the chief executive officer of the Charleston County School District and, subject to the policies of the board of trustees, shall have all of the necessary powers to perform that duty. The Superintendent of Education of the Charleston County School District, in addition to the duties imposed upon county superintendents of education by the general laws of the State, shall perform such other duties as shall be prescribed by the policies of the Board of Trustees of the Charleston County School District as reasonably interpreted by the superintendent. The legal exercise of power or duty by the superintendent may be overridden by the board only by a two-thirds vote of the membership of the board."

SECTION 3. Section 5 of Act 340 of 1967, as last amended by Act 721 of 1978, is further amended to read:

"Section 5. In addition to the duties, powers, and responsibilities now provided by law for county boards of education, and for school district trustees other than those devolved upon the constituent trustees in Sections 6 and 7 of this act, the Board of Trustees of the Charleston County School District shall:

(1) adopt and alter a corporate seal;

(2) adopt and publish administrative policies and procedures and maintain a system of public relations which will keep the public fully informed of the operation of the public schools;

(3) prescribe uniform employment procedures, position qualifications, and a uniform salary schedule for all professional personnel and establish and maintain a program of professional personnel recruitment to enable all schools in the county to employ fully-certified and capable employees;

(4) upon recommendation of the Superintendent of Education of the Charleston County School District, appoint such number of the assistant superintendents, assistant principals, resource personnel, and other countywide personnel as deemed it considers necessary;

(5) provide programs of in-service education for professional educational personnel in the county and promote the continuous development of qualified public leadership for the county schools;

(6) borrow in anticipation of the collection of taxes, state aid, or federal aid. The borrowing shall must be in the form of notes, maturing not later than one year from the date of issue, bearing such the rate of interest as the board shall determine determines. The notes shall must 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 the notes for which such these funds shall must be pledged;

(7) determine and evaluate the educational program in the schools in the constituent districts and provide a systematic program of curriculum development and revision designed to provide maximum educational opportunities for each child in the county;

(8) provide for physically and mentally handicapped children educational programs organized and conducted in cooperation with the social or civic organizations and agencies in the county or community; provided for intellectually gifted children a program which shall must challenge their talents;

(9) keep an accurate record of board proceedings, which record shall must be kept in the office of the board and shall be is open to public inspection;

(10) authorize the purchase and sale of land, the planning and construction of new school facilities, and the maintenance and repair of existing buildings and grounds, and develop long-range planning for physical facilities and the educational program in the county;

(11) adopt a system of budgetary controls and annually adopt a budget, with power to revise when necessary, sufficient to meet the educational needs of the district;

(12) provide for the disbursement of all county, state, and federal educational funds received by the county or by any constituent district in the county;

(13) establish and maintain a central purchasing system for the purchase of all contractual services, equipment, and supplies and purchase all equipment and supplies pursuant to rules promulgated by the Board of Trustees of the Charleston County School District;

(14) prescribe the forms of vouchers or pay warrants to be used in said the district;

(15) cooperate with the County Council of Charleston in the annual audit of the financial affairs of the district, and one copy of each audit shall must be kept in the office of the board, and one copy shall must be filed in the office of the Clerk of Court for Charleston County, to be open to the public;

(16) appoint the principals of all schools in Charleston County from among three qualified persons recommended by the trustees of the constituent school district in which the particular school is located;. The appointed principals are accountable to the superintendent;

(17) cooperate with the Department of Transportation in enforcing safety rules and regulations applicable to school buses and making provisions for school bus transportation; and

(18) require all school buses operated under any transportation contract to be covered by casualty liability insurance to be fixed by the trustees, with the policies approved by the trustees and filed in the office of the superintendent."

SECTION 4. Section 6 of Act 340 of 1967, as last amended by Act 721 of 1978, is further amended to read:

"Section 6. The teachers and other constituent district personnel necessary for the efficient operation of the schools in each constituent district, except for school principals, shall be hired by the Superintendent of Education for the Charleston County School District and employed by the trustees thereof of each constituent district, subject to the approval of the Board of Trustees of the Charleston County School District."

SECTION 5. Section 7 of Act 340 of 1967 is amended to read:

"Section 7. The trustees in each of the constituent districts shall have the power in their respective districts, subject to the appeal to the Board of Trustees of the Charleston County School District in the manner provided in Sections 21-217 et seq. Article 3, Chapter 19, Title 59 of the Code of Laws of South Carolina, 1962 1976:

(1) to transfer any a pupil from one school to another within the same constituent district so as to promote the best interest of education, and determine the school within such the constituent district in which any a pupil shall enroll; and

(2) to suspend or dismiss pupils when the best interest of the schools makes it necessary;.

(3) to cooperate with the State Highway Department in enforcing safety rules and regulations applicable to school buses and making provisions for school bus transportation within the area of a constituent district where such transportation has heretofore been in operation in such areas; and

(4) to require all school buses operated under any transportation contract to be covered by casualty liability insurance in an amount to be fixed by said constituent district trustees, the policies to be approved by said trustees and filed in the office of the Superintendent of Education of the Charleston County School District.

The trustees in each of the constituent districts shall keep an accurate record of their proceedings, which record shall must be kept in their office and shall be open to the public inspection, and they shall annually make recommendations annually to the Board of Trustees of the Charleston County School District relative to the educational affairs of the respective districts."

SECTION 6. Section 8 of Act 340 of 1967, is amended to read:

"Section 8. No A teacher or other professional employee shall not be transferred from one constituent district to another without the recommendation of the superintendent, and the approval of such employee, the Board of Trustees of the Charleston County School District, and the trustees of each of the constituent districts involved."

SECTION 7. Section 10 of Act 340 of 1967, as last amended by Act 1602 of 1972, is further amended to read:

"Section 10. The Board of Trustees of the Charleston School District shall prepare and submit to the Charleston County Legislative Delegation Council, as information, on or before the fifteenth day of August of each year beginning in 1968, a proposed budget for the ensuing school year. In order to obtain funds for school purposes the board is authorized to impose an annual tax levy, commencing in 1968, not to exceed ninety mills, exclusive of any millage imposed for bond debt service. In the event the board determines that the annual tax levy should exceed ninety mills, the board shall hold a public hearing on the question at least two weeks prior to before submitting such the request to the legislative delegation county council. Notice of such the public hearing shall must be advertised in a newspaper of general circulation in the county, and shall must state the date, time, and place of the hearing as well as a clearly worded statement of the requested annual tax levy. In order to exceed the millage cap, the board shall obtain the approval of a majority of the Charleston County Council at a public meeting of the council. Upon certification by the board to the county auditor of the tax levy to be imposed, up to ninety mills and with county council approval if over ninety mills, the auditor shall levy and the county treasurer shall collect the millage so certified upon all taxable property in the district."

SECTION 8. At the general election in 2000, the following referendum must be placed on the ballot in Charleston County:

"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 9. (A) If a majority votes in favor of the referendum held pursuant to Section 8, 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 votes in favor of the referendum held pursuant to Section 8, the Charleston County School Board is directed to employ, within sixty days and 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, 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 District Board of Trustees, and to the Charleston County Legislative Delegation.

(C) The office of the Attorney General is designated as the sole source of 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 10. (A) If a majority votes in favor of the referendum held pursuant to Section 8, as of January 1, 2001, 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 2002.

(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 the law for members of state boards, committees, and commissions.

SECTION 11. (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 are devolved upon the school districts and their respective boards as created in Section 10. All budgets are subject to approval by county council before certification to the auditor of a sufficient millage to cover the budget. The auditor shall then levy and the treasurer shall collect the millage certified upon all taxable property in the district.

(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, are transferred to the Council of Board Chairmen for Educational Services, established pursuant to Section 12. This council also shall maintain and manage this property and may determine future disposition of the property.

Proceeds or assets sold by the council must be distributed to the respective districts on a per capita student basis.

SECTION 12. (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 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. The council may create and operate magnet schools on a countywide basis and shall set attendance and admission criteria.

(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 13. 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 14. The bonded indebtedness of the Charleston County School District existing on December 31, 2000, must be divided among the seven school districts commensurate with the debt attributable to each district.

The 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. Except for the creation and operation of magnet schools provided for in this act, all millage must be submitted to county council for approval and then sent certified to the auditor for the tax levy to be imposed. The auditor shall then levy and the treasurer shall collect the millage certified upon all taxable property in the districts.

SECTION 15. (A) The establishment of the school districts pursuant to this act does not affect school building personnel's seniority or longevity. All school building employees in good standing employed on December 31, 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. A school building employee's compensation may not 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, 2001.

SECTION 16. 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 Council of Board Chairmen.

SECTION 17. (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, 2003, after which the board members of the seven districts created pursuant to Section 10 shall take office.

(B) Of the school board members first elected in 2002, 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 18. If a majority votes in favor of the referendum held pursuant to Section 8, as of January 1, 2001, 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 is the intent of the General Assembly to have the provisions of this act and the general law be the only law governing the school districts of the county and the district boards of education.

SECTION 19. Sections 1 through 8 of this act take effect upon approval by the Governor. Sections 9 through 18 of this act take effect without any further legislative action upon certification of a majority "yes" vote in the referendum held pursuant to Section 8.

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