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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Alexander
Document Path: l:\council\bills\agm\19826bh10.docx
Companion/Similar bill(s): 4384
Introduced in the Senate on February 4, 2010
Currently residing in the Senate
Summary: Teacher dismissal appeals
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/4/2010 Senate Introduced and read first time SJ-3 2/4/2010 Senate Referred to Committee on Education SJ-3 3/2/2010 Senate Committee report: Favorable Education SJ-22 3/3/2010 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
March 2, 2010
S. Printed 3/2/10--S. [SEC 3/3/10 12:56 PM]
Read the first time February 4, 2010.
To whom was referred a Bill (S. 1140) to amend Section 59-25-480, Code of Laws of South Carolina, 1976, relating to teacher dismissal appeals, so as to require an appeal to be made, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JOHN E. COURSON for Committee.
EXPLANATION OF IMPACT:
Administrative Law Court
The court indicates that this bill will have a fiscal impact on the General Fund of the State of approximately $62,905 in personal service/contributions and operating costs for 1.00 Staff Attorney. The additional duties outlined by this bill will require additional staff for the court to assist in researching and drafting order related to the dismissal appeals.
State Department of Education (SDE)
SDE indicates this bill has no impact to the agency and minimal impact to local school districts due to travel cost.
Office of State Budget
TO AMEND SECTION 59-25-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHER DISMISSAL APPEALS, SO AS TO REQUIRE AN APPEAL TO BE MADE TO AN ADMINISTRATIVE LAW COURT; AND TO AMEND SECTION 59-25-520, RELATING TO POWERS AND DUTIES OF THE COURT IN TEACHER DISMISSAL APPEALS, SO AS TO ESTABLISH THE COURT AS THE ADMINISTRATIVE LAW COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-25-480 of the 1976 Code is amended to read:
"Section 59-25-480. The decision of the district board of trustees
shall be is final, unless within thirty days thereafter an appeal is made to the court of common pleas administrative law court of any county in which the major portion of such district lies.
Notice of the appeal and
the its grounds thereof shall must be filed with the district board of trustees. The district board shall, within thirty days thereafter, shall file a certified copy of the transcript record with the clerk of such court. Any An appeal from the order of the circuit administrative law court shall must be taken in the manner provided by the South Carolina Appellate Court Rules law. If the decision of the board is reversed on appeal, on a motion of either party the trial court shall order reinstatement and shall determine the amount for which the board shall be is liable for actual damages and court costs. In no event shall any Liability may not extend beyond two years from the effective date of dismissal. Amounts earned or amounts earnable with reasonable diligence by the person wrongfully suspended shall must be deducted from any back pay."
SECTION 2. Section 59-25-520 of the 1976 Code is amended to read:
"Section 59-25-520. The administrative law court
of common pleas shall, on application of the district board, shall enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records and shall have the power to may punish as for contempt of court, by a fine or imprisonment, or both, the unexcused failure or refusal to attend and give testimony or produce books, papers, and records as may have been required in any a subpoena issued by the district board. The district board may issue to the sheriff of the county in which any a hearing is held a warrant requiring him to produce at the hearing any a witness who shall have ignored or failed to comply with any a subpoena issued by the district board and duly served upon such the witness. Such a The warrant shall must authorize the sheriff to arrest and produce at the hearing such the witness, and it shall be is his duty to do so; but the failure of a witness so to appear in response to any such the subpoena may be excused on the same grounds as provided by law in the courts of this State as to the attendance of witnesses and jurors."
SECTION 3. This act takes effect upon approval by the Governor.
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