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433Type of Legislation: Joint Resolution JRIntroducing Body: SenateIntroduced Date: 20010308Primary Sponsor: McConnellAll Sponsors: McConnellDrafted Document Number: l:\s-res\gfm\028scho.whb.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: School districts, public; General Assembly to provide manner in which funding of equalized; Constitution of S.C.History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010308 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SYSTEM OF FREE PUBLIC SCHOOLS IN THIS STATE, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE MANNER IN WHICH FUNDING OF ALL PUBLIC SCHOOL DISTRICTS MUST BE EQUITABLE AND TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT THE COURTS, SHALL DETERMINE THE ADEQUACY AND EQUITY OF FUNDING FOR THE PUBLIC SCHOOLS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 3, Article XI of the Constitution of this State be amended to read:
"Section 3. The General Assembly shall provide for
the maintenance and support of a an equitable, high quality system of free public schools open to all children in the State and shall establish, organize, and support such other public institutions of learning, as may be desirable.
The General Assembly by law shall provide for the manner in which funding of all public school districts must be equitable.
Notwithstanding any prior decisions of the South Carolina Supreme Court to the contrary, the General Assembly is the sole and exclusive branch of government to determine an adequate and equitable funding level and system for the public schools of this State. No private right of action shall lie in favor of any person or entity, including political subdivisions of this state, and the courts of this State shall not have jurisdiction over any suit brought regarding the provisions of this section or any statute relating to any aspect of whether the public schools are funded in an adequate or equitable manner."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 3, Article XI of the Constitution of this State relating to the system of free public schools in this State be amended so as to provide that the General Assembly by law must provide for the funding of all public school districts in an equitable and high quality manner and so as to provide that the General Assembly, and not the courts, shall determine an adequate and equitable funding level and system for the public schools of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
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