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Schools & School Boards

Apr 28, 2023

Schools & School Boards – Charter School Sponsorship – Multiple Applications – Approval & Rejection

The Charter School Act contemplates a charter school having only one sponsor; consequently, when one of the appellant-charter school’s applications for sponsorship was approved by the South Carolina Public Charter School District, the issue of the Charleston County School District’s rejection of another of the school’s applications for sponsorship became moot. We affirm the Administrative [&[...]

Jan 13, 2023

Schools & School Boards – Civil Rights – FOIA – Executive Session Action

A parent wrote a letter to the respondent-school board, asking the board to reopen the school transfer request window. The day after the board met in executive session, the board chairmen sent the parent a letter, explaining that the parent had met with the chairman and school personnel and that “the answer to your question […]

Mar 22, 2022

South Carolina school board member sues 2 critics for libel

IRMO, S.C. (AP) — A South Carolina school board member has filed libel lawsuits against two district residents connected to a Facebook group that has been critical of the member. The State of Columbia reports that Lexington-Richland 5 Vice Chair Ken Loveless is suing Kevin Scully and Leslie Stiles. Scully has made critical comments about […]

Jun 1, 2018

Elections – Schools & School Boards – County Residence – Subject Matter Jurisdiction

Even though the Richland Election Board found that appellant was a qualified voter and allowed her to remain on the ballot for a Richland County position on the District 5 Richland-Lexington School Board of Trustees, since there was some evidence that appellant’s residence was actually in Lexington County, we uphold the circuit court’s removal of […]

Aug 10, 2016

South Carolina school board moves to reinstate Lord’s Prayer

MONCKS CORNER, S.C. (AP) — Despite the threat of a lawsuit, the Berkeley County school board is moving to reinstate saying the Lord’s Prayer before its meetings. The Post and Courier of Charleston reports the school board gave initial approval Tuesday after dropping the use of the prayer earlier this year. The board has been […]

Jul 11, 2016

Tort/Negligence – Schools & School Boards – Assistant Principals – Sexual Assault – State-Created Danger – Supervisory Liability

Doe v. Herman (Lawyers Weekly No. 002-113-16, 15 pp.) (David Norton, J.) 2:15-cv-04757; D.S.C. Holding: Although it was defendant Herman, an assistant high school principal, who allegedly sexually assaulted the plaintiff-student, plaintiff has sufficiently alleged a state-created danger claim against Herman’s co-assistant principals by alleging that (1) defendant Spitulski falsely told other hig[...]

Jul 13, 2012

Schools & School Boards – Constitutional – Freedom of Religion – Establishment Clause – Academic Credit – Off-Campus Religious Instruction

Moss v. Spartanburg County School Dist. Seven (Lawyers Weekly No. 001-148-12, 21 pp.) (Niemeyer, J.) No. 11-1448, June 28, 2012; USDC at Spartanburg, Va. (Herlong, J.) 4th Cir. Holding: A high-school student and her parents lose their First Amendment Establishment Clause challenge to a Spartanburg County public school system’s policy of allowing public school students […]

May 9, 2012

Civil Rights – Schools & School Boards – Student Assignment Plan – Burden of Proof – Racial Disparities

Everett v. Pitt County Board of Ed. Parents’ groups that oppose a county school board’s 2011-2012 student assignment plan win their appeal in the 4th Circuit, which says the district court erred by failing to apply, and requiring the school board to rebut, a presumption that racial disparities in the assignment plan resulted from the school board’s prior unconstitutional operation o[...]

Apr 18, 2012

Elections – Civil Rights – Voting Rights Act – Schools & School Boards – At-Large Elections – Multiple Seats – Multiple Votes per Voter

Levy v. Lexington County In 1994, the General Assembly changed elections for the Board of Trustees for School District Three from an annual February vote to a biennial vote at the time of the general election in November (an at-large election in which voters may cast multiple votes to fill multiple seats on the board).

Apr 5, 2012

Labor & Employment – Public Employees – Schools & School Boards – Teaching Contract – Nonrenewal – Constitutional – Due Process

Young v. Charleston County School District The record does not show that a three-member committee made the required report to the school board before the board accepted the committee’s recommendation not to renew the plaintiff-teacher’s contract. Moreover, the teacher was not given sufficient notice of the board’s meeting, so neither she nor her attorney was present at the meeting. [...]

Mar 7, 2012

Environmental – Administrative – Real Property – Schools & School Boards – High School Expansion – Stream Fill

Murphy v. South Carolina Department of Health & Environmental Control In an environmental regulation, “vicinity” includes not just the section of a stream that will be filled, but also the surrounding area. We affirm the Administrative Law Court’s (ALC’s) decision to affirm a water quality certification (WQC) for a construction project to expand an overcrowded high school.

Feb 29, 2012

Insurance – Commercial – Schools & School Boards – Labor & Employment – Unpaid Overtime

Republic Franklin Ins. Co. v. Albemarle County School Board An Albemarle County school board’s failure to pay its school bus drivers and transportation assistants overtime pay under the Fair Labor Standards Act was a “wrongful act” under the school board’s commercial insurance policy, and the policy does not cover wage payments but should cover liquidated damages and attorney’s [...]

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