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Bill 433

                    Current Status

Bill Number:                      433
Type of Legislation:              Joint Resolution JR
Introducing Body:                 Senate
Introduced Date:                  20010308
Primary Sponsor:                  McConnell
All Sponsors:                     McConnell
Drafted Document Number:          l:\s-res\gfm\028scho.whb.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          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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