South Carolina General Assembly
104th Session, 1981-1982

Bill 993


                    Current Status

Bill Number:               993
Ratification Number:       497
Act Number                 503
Introducing Body:          Senate
Subject:                   To establish all of the area of Aiken
                           County and a portion of Saluda County as the
                           School District of Aiken County
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A503, R497, S993)

AN ACT TO ESTABLISH ALL OF THE AREA OF AIKEN COUNTY AND A PORTION OF SALUDA COUNTY AS THE SCHOOL DISTRICT OF AIKEN COUNTY; TO CREATE THE AIKEN COUNTY BOARD OF EDUCATION; PROVIDE FOR THE ELECTION OF ITS MEMBERS; TO ESTABLISH THE TERMS; TO PROVIDE FOR THE FILLING OF VACANCIES; TO PROVIDE FOR MEETINGS AND ORGANIZATION OF THE BOARD; TO PROVIDE AREA ADVISORY COUNCILS IN EACH ADMINISTRATIVE AREA AND TO PROVIDE FOR THE POWERS AND DUTIES OF SUCH COUNCILS; TO DEFINE THE DUTIES OF THE COUNTY SUPERINTENDENT OF EDUCATION; TO PROVIDE FOR AREA SUPERINTENDENTS; TO PROVIDE FOR A TAX LEVY FOR THE OPERATION OF THE DISTRICT FOR FISCAL YEAR 1981-82 AND TO PROVIDE THAT A PORTION OF THE LEVY SHALL BE USED EXCLUSIVELY TO COMPLY WITH THE REQUIREMENTS OF THE EDUCATION FINANCE ACT OF 1977; TO PROVIDE FOR AN ADDITIONAL LEVY TO BE USED EXCLUSIVELY FOR THE OPERATION OF THE SCHOOL DISTRICT; TO REPEAL ACT 461 OF 1967, ACTS 1093 AND 1172 OF 1968, ACT 139 OF 1971, ACTS 267 AND 268 OF 1977, (COLLECTIVELY DESIGNATED AS SECTIONS 21-1038 THROUGH 21-1043 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1962), RELATING TO THE SCHOOL DISTRICTS AND THE COUNTY BOARD OF EDUCATION OF AIKEN COUNTY; TO REPEAL ACT 637 OF 1980, RELATING TO THE TIME FOR TAKING OFFICE FOR MEMBERS OF THE AIKEN BOARD OF EDUCATION; AND TO REPEAL ACTS 216 AND 217, RELATING TO THE AUTHORIZATION OF THE AIKEN COUNTY BOARD OF EDUCATION TO LEVY A TAX.

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

Legislative intent

Section 1. It is the intent of the General Assembly in enacting this legislation to include in one act to the extent possible all the specific provisions of law (other than the general law) that relate to the School District of Aiken County.

School District of Aiken County created

Section 2. There is hereby created a school district which shall be comprised of all of Aiken County, and that portion of Saluda County formerly constituting Ridge Spring School District No. 2 of Saluda County, as set forth and delineated on a map on the wall of the office of the Saluda County Board of Education, which school district shall be known as the Consolidated School District of Aiken County (the School District).

Composition of board of education

Section 3. The Aiken County Board of Education shall be composed of nine members, who shall be qualified electors of the Consolidated School District of Aiken County. For the purpose of electing the Board of Education, the school district is divided into five election areas which are described as follows:

Election Area No. 1 shall be described as follows: Commencing at a point along the common Aiken County-Edgefield County line at joint corner with Area 3 where the Southern Railway intersects said county line, and running thence in a southerly direction and then in a southwesterly direction along the common line with Area 3 where said common boundary line intersects South Carolina Highway 146 at its junction with Town Creek; thence continuing in a southerly and in a southeasterly direction, and later in a southerly and southwesterly direction along the joint line with Election Area 5 as hereinafter described, to the point where said joint line intersects with property of the United States (Savannah River Plant) where Upper Three Runs Creek intersects with property of the United States; thence, continuing in a southeasterly and easterly direction along property of United States to the Barnwell County line; thence in an easterly direction with the Barnwell County line to the point where South Fork Edisto River intersects said county line; thence, in a northerly direction along the line of the said South Fork Edisto River and with said river past Interstate 20 to the point where Bridge Creek intersects with said river; thence, in a northwesterly direction with Bridge Creek and thence along the easterly headwater of said Bridge Creek in a northerly direction and along the straight line to the intersection of Road 578 with a short, unimproved county road; thence, northerly along such unimproved county road for approximately 4,500 feet to the point where such road bends to the East; thence, along a straight line in a northwesterly direction, paralleling in part another unimproved county road, and extending along the line of a small branch which is the easternmost headwater of Bulls Branch, just west of Yonce Mills Pond, and extending along the line of such small branch headwater of Bulls Branch to the point where the small branch intersects the Edgefield County line, such point being approximately 3,000 feet southwest of the intersection of highway 720 with said Edgefield County line; and thence in a southwesterly direction along the Aiken County-Edgefield County line to the point of beginning.

Election Area No. 2 shall be described as follows: Beginning at a point on the northeastern side of the Savannah River at the Edgefield County-Aiken County line, running thence in a northeasterly direction with the Edgefield County-Aiken County line to the intersection of such line with Ridge Road (South Carolina Highway No. 253); thence following said Ridge Road (South Carolina Highway No. 253) to the point of its intersection with Ascauga Lake Road (South Carolina Highway No. 33); thence, following a line from this intersection to the northeastern tip of Sudlow Lake, where said lake is fed by Little Horse Creek; thence, following the Sudlow Lake and Little Horse Creek to a point where the said Little Horse Creek intersects with branch from Mathis Lake; thence, following the branch from Mathis Lake for approximately three-quarters of a mile to the point of its intersection with a road, said road being one running easterly from Belvedere-Clearwater Road (South Carolina Highway No. 126) to Sudlow Lake Road (South Carolina Highway No. 254), said road being sometimes referred to as Parson Road; thence, following said Parson Road in a westerly direction to the point of its intersection with Belvedere-Clearwater Road (South Carolina Highway No. 126): thence, across Belvedere-Clearwater Road and following Willow Springs Road to the point of its intersection with Bradleyville Road; thence, with the said Bradleyville Road to the point of its intersection with Storm Branch; thence, in a generally southerly direction with Storm Branch to the point of its intersection with Horse Creek; thence, west with said Horse Creek to the Savannah River; thence, in a generally northerly direction with the Savannah River back to the point of beginning.

Election Area No. 3 shall be described as follows: Commencing at a point on the common boundary of Edgefield County with Aiken County at the intersection of Ridge Road (South Carolina Highway No. 253) with said boundary line, and running thence in a southerly direction along a common line with the eastern and southeastern boundary of Election Area 2, as described in said Election Area 2, to the point at which said Election Area 2 intersects with Horse Creek; thence, continuing in a southerly direction with the common boundary of Election Area 5 along South Carolina Highway No. 145, and subject to the provisions in the description of Election Area 5 concerning property owned on both sides of said South Carolina Highway 125, along certain portions thereof, to the intersection of said South Carolina Highway No. 125 with Town Creek; thence, continuing in an easterly direction with said Town Creek to the western edge of Wilson's Pond; thence, along a straight line in a northeasterly direction from the western edge of Wilson's Pond to the intersection of South Carolina Highway 19 Bypass (also known as South Carolina Highway No. 118) with U. S. 1 and 78; thence, northeasterly with said bypass to the point of its intersection with South Carolina Highway 80; thence, in a southeasterly direction along South Carolina Highway 80 (also known as Trolley Line Road) to the point of its intersection with Road 1303; thence, with Road 1303 to the point of its intersection with Road 105 (also known as Vaucluse Road); thence, northerly along Vaucluse Road to the intersection with Road 1467; thence, northeasterly along Road 1467 to the point where said road is no longer improved and thence, in a straight line in a northeasterly direction to a point and intersection of South Carolina Highway No. 191 with Road 1237; and thence extending in a northwesterly direction along Road 1237 to a bridge at the intersection of said road with Little Horse Creek; thence, in a short straight line from said bridge to Southern Railway right-of-way; thence, in a northerly direction along the right-of-way of said railway to the point of its intersection with the Aiken County-Edgefield County line; thence, in a westerly direction back to the point of beginning.

Election Area No. 4 shall be described as follows: Beginning at a joint corner with Area 1 at the point where the joint line of Area 1 and Area 4 intersect the Aiken County-Edgefield County line along a point where said line is crossed by the easternmost headwater of Bulls Branch, such point being approximately 3,000 feet west of the intersection of Road 720 with Edgefield County-Aiken County line; and running thence in an easterly direction along the Edgefield County-Aiken County line to the point where such line is intersected by the Saluda County line; thence, running in a northwesterly direction with the Saluda County line to a point along state road S-19-21 (which constitutes the county line) approximately one-half mile west of the intersection of said S-19-21 with South Carolina Highway 121; thence, in a northeasterly direction and crossing said Highway 121 just north of its intersection with an unnamed county road, and following then the line of Mine Creek to a point where it crosses an unimproved county road; thence, with such unimproved county road to its intersection with South Carolina Highway 193, just south of the intersection of Road 119 with South Carolina Highway No. 193; thence, continuing in a northeasterly direction to a point on Road 165, as shown by the official school plats of Aiken and Saluda Counties, and continuing from that point in an easterly, southerly, northeasterly, southeasterly, southwesterly, southerly, and southeasterly direction to an intersection with U. S. Highway No. 1 with an unnamed road which leads to Hibernia, all of which is shown on the official school maps of Aiken and Saluda Counties; and continuing thence in a northeasterly direction with the joint Aiken-Saluda County line to the point where such line intersects with Chinquapin Creek; thence, following a course of Chinquapin Creek in a southeasterly direction and into the North Fork Edisto River, and continuing with said river to the point of its intersection with the Orangeburg County line; thence, in a southwesterly direction with the Orangeburg County line to a point where said line is intersected by the South Fork Edisto River which forms a joint corner of Area 4 and Area 1; thence, continuing in a northwesterly direction along the South Fork Edisto River with the joint line of Area 1 back to the point of beginning.

Election Area No. 5 shall be described as follows: Starting at the confluence of the Horse Creek with the Savannah River and running thence in an easterly direction with Horse Creek to its intersection with South Carolina Road No. 145; thence, in a southeasterly direction with the said South Carolina Road No. 145 to its intersection with South Carolina Road No. 146 and thence with the said South Carolina Road No. 146 to the point of its intersection with Hollow Creek; provided, however, that all persons residing on the eastern side of the said South Carolina Road No. 145, and South Carolina Road No. 146, south of the point where South Carolina Road No. 145 intersects with South Carolina Road No. 65 and north of the point where South Carolina Road No. 146 intersects with Hollow Creek, if the land upon which such person resides shall be contiguous and bounding in part on the aforesaid segments of South Carolina Road No. 145 or 146 it shall be included in Area 5; thence, with the said Hollow Creek in an easterly direction to the point of its intersection with Anderson Mill Pond Road; thence, following the said Anderson Mill Pond Road to the point of its intersection with South Carolina Highway No. 19, thence, in a southwesterly direction along South Carolina Highway No. 19 to the point of its intersection with South Carolina Road No. 1755; thence, in a southeasterly direction with Road No. 1755 to the point of its intersection with Talatha Church Road; thence, along said Talatha Church Road in a southeasterly direction to the point of its intersection with South Carolina Road No. 79, provided that persons residing on property along the south side of said Talatha Church Road, between the point of its intersection with Road 1755 and Road 79, wherein such property is contiguous and bounded in part along the said Talatha Church Road between such points, shall be included in Election Area 1 and not in Election Area 5; thence, along an imaginary survey line from the point of the intersection of Talatha Church Road with South Carolina Road No. 79 in an east-southeasterly direction to a point on Jackson Branch at its intersection on an unnamed, short dirt road coming off of South Carolina Road No. 113; thence, along the said Jackson Branch in a southerly direction to its intersection with Three Runs Creek; thence, with the said Three Runs Creek in a southwesterly direction to its intersection with property of United States, known as the Savannah River Project; thence, along the northern boundary of the United States Savannah River Project in a westerly direction to its intersection with the Savannah River thence, continuing in a generally northerly line along the course of the Savannah River to the point of beginning.

Electors shall vote at such precincts as may be designated by the Aiken County Election Commission, and each elector shall satisfy the box manager that he is a bona fide elector. There shall be one member of the Board of Education from each of the five election areas, and four members shall be residents of the district at large, and all nine members shall be voted on by the qualified electors of the entire school district. Terms of members shall be for four years and until their successors are elected and qualify, except to effect an orderly transition and stagger the terms of the two new members of the board as provided in this act, the initial election for the new members shall be conducted as follows:

(1) The new seat for a board member from Area 5 shall be filled by election in the general election of 1982 with the person elected assuming office at the first board meeting in January, 1983, and with such term to be for a period of four years.

(2) The new at-large seat shall be filled by election in the general election of 1982 with the person elected assuming office at the first board meeting in January, 1983, and with such initial term being for a period of two years.

(3) After the expiration of the initial two-year term of the new at-large member provided for in item (2), the at-large seat shall thereafter be elected for terms of four years in the general election in the year preceding the expiration of such term.

The County Board of Education shall maintain five administrative areas for operational purposes within the school district. The designation of election areas previously described shall not be construed, however, to mandate that the administrative areas be coextensive with, or identical to, such election areas and the County Board of Education shall be vested with authority to make such designation of attendance zones or lines, or changes therein, as may be necessary for the efficient administration, utilization and operation of the public schools within the school district.

Election of members of board

Section 4. Members of the County Board of Education shall be elected in elections held in each even-numbered year at the time of the general election to succeed the members whose terms expire in the following year. The Aiken County election commissioners shall conduct the election, canvass the vote, and certify the results. Managers in each precinct for the general election shall serve as managers of the Board of Education election. The laws of the general election shall apply except as otherwise specified in this section. The Aiken County Election Commission shall list as a candidate any qualified resident elector on whose behalf fifty or more electors sign a request that his name be listed. If fewer nominating petitions are filed than there are places to fill in the election, the election commission shall, upon written request of the incumbent, place in nomination the name of such incumbent. All nominating petitions must be in the hands of the chairman of the election commission by three p.m. sixty days before the date of the general election. Any person desiring to be considered as a write-in candidate for such election must file with the chairman of the election commission no later than three days prior to the election date a written notice of intent and willingness to serve if elected. A ballot separate from general election ballots shall be provided at each precinct where the election is held by the Aiken County Election Commission.

Vacancies in board

Section 5. The selection of members of the board as above provided shall be certified to the Secretary of State by the County Board of Education and he shall thereupon issue a commission to each person selected. All board members shall take office at the first board meeting in January following their election. In the case of a vacancy in the office of the member at large, a successor shall be appointed by the county board; in the case of a vacancy in the once of a member from an administrative area, a successor shall be appointed by the county board after receiving a recommendation from the Area Advisory Council in the area where the vacancy has occurred.

Powers of board

Section 6. The County Board of Education (board) shall be granted all of the powers and charged with all of the duties otherwise provided by law and shall have executive, financial, and administrative control of the public schools in the school district, subject however, to the provisions of this section.

On or before June first of each year, the board shall prepare a complete budget for the schools of the school district for the succeeding school year. This budget shall show proposed expenditures for all purposes, including construction and maintenance of buildings, operation of the transportation system, debt amortization, operation of the functions of the board, incidental school expenses, salaries for all faculty members, and employees, and such other items as may appear necessary. Proposed expenditures shall be broken down to show the expenditures to be made in the administrative areas of the school district. The budget shall be accompanied by a report of expenditures for the then current year and for the preceding year set forth as to be easily compared, together with any statistics and analysis that would contribute to a full and complete understanding of both current and proposed expenditure. Copies of this budget shall be distributed to all members of the board, the county superintendent of education, all members of the Aiken County Legislative Delegation, the county auditor, and county treasurer.

Before the board may take final action on its annual budget, it shall hold a public hearing concerning such budget, which public hearing shall be held before the fifteenth day of June of each year or within thirty days after final approval of the state appropriation bill. A copy of such budget and a notice of the time and place of such public hearing shall be published in a newspaper of general circulation in Aiken County at least fifteen days before the public hearing is held. Following the public hearing and upon compliance with the provisions of this section and after taking into account all funds available or to become available from all sources other than from the levy of Aiken County property taxes, the board shall recommend to the county auditor the county property tax levy necessary for the operation of the public schools during the period covered by the budget and in accordance therewith. If the county property tax levy recommended by the board is not in excess of that for the current fiscal year and is otherwise within the limits authorized by law, the county auditor shall levy and the treasurer shall collect the county property taxes in an amount sufficient to meet this budget.

Board to be ex officio board of school trustees

Section 7. The County Board of Education shall be ex officio the board of school trustees of the School District. The County Board of Education may issue short-term notes in anticipation of federal aid, state aid, or taxes.

Board may fix length of school term

Section 8. The County Board of Education may fix the length of the school term for the School District and the dates for the opening and closing of school terms and may establish holidays.

Board shall examine contracts

Section 9. The County Board of Education shall examine all contracts for the employment of teachers and other employees and no contract shall be binding upon the board or upon the School District, nor shall any part of the money called for in such contract be paid, until such contract has been approved by the board.

Board may enter into contractual arrangements

Section 10. In addition to all other powers, the County Board of Education may enter into contractual arrangements with the school authorities of any school district adjacent to the Consolidated School District of Aiken County on such terms and conditions as shall be mutually agreeable for the interchange of pupils residing within the Consolidated School District of Aiken County and any pupils residing within any school district adjacent to the School District so that pupils residing in the Consolidated School District of Aiken County may attend schools of school districts adjacent to the Consolidated School District of Aiken County, and pupils residing in school districts adjacent to the Consolidated School District of Aiken County may attend schools supported by the Consolidated School District of Aiken County and located within the Consolidated School District of Aiken County.

Indebtedness

Section 11. All indebtedness of, and other obligations now existing or hereafter incurred by, the School District of Aiken County, as reestablished in 1965, and all bonded indebtedness and other obligations of Ridge Spring School District No. 2 of Saluda County shall be and are hereby imposed upon the Consolidated School District of Aiken County, for whose payment, according to their tenor and effect, the faith and credit of the Consolidated School District shall be pledged.

Board to appoint district superintendent

Section 12. The County Board of Education shall appoint a district superintendent of schools, whose duties shall be to operate the schools of the School District as provided by law and subject to the rules regulations, and policies of the County Board of Education. In the selection and appointment of the district superintendent of schools, the County Board of Education shall require as a minimum the qualifications necessary for state certification as a school superintendent.

Responsibilities of district superintendent

Section 13. In addition to such other duties as may be required, the district superintendent shall have the following responsibilities:

(1) Nominate for employment by the County Board of Education school personnel, including but not limited to, professional teachers, administrators, and clerical staff, maintenance, custodial, food service, business, and mechanical as may be requited.

(2) Submit to the board of education a budget on or before the second Tuesday of May of each year showing all anticipated revenues and expenditures for the School District for the twelve months period beginning July first of each year. As a part of the financial plan of the School District as represented by the budget, there shall be included a Projected Capital Need Budget for the budget year and for the two years beyond.

(3) Publish annually a report of School District operations no later than September first, following the fiscal year ending June thirtieth.

(4) Execute policies for the operation of the School District as approved by the board of education, recommend to the board for consideration changes in policies, and consult with the board when in doubt as to his official duty.

The district superintendent shall not hold an elective public office during the tenure of his employment by the board of education.

Area Advisory Council

Section 14. The board of education is authorized to appoint for each administrative area an Area Advisory Council composed of seven members in each area, whose terms of office shall be three years; provided, that initially three members shall be appointed for a term of three years, two for a term of two years, and two for a term of one year. The length of the terms of the members initially appointed shall be determined by lot. In Administrative Area No. 4 two members of the Area Advisory Council shall be residents of that portion of Saluda County formerly designated as Ridge Springs School District No. 2 of Saluda and shall be appointed as provided in Act 244 of 1959 (formerly designated as Section 21-3954, Code of Laws of South Carolina, 1962); provided, that the length of the term shall be three years rather than four and staggered terms are set as provided elsewhere in this or other acts.

Councils to determine local policies

Section 15. The Area Advisory Councils shall determine local policies in their respective administrative areas; provided, such policies are not inconsistent with the policies set forth by the County Board of Education. The County Board of Education may delegate additional authority to the Area Advisory Councils to the extent necessary for the effective operation of the public schools in the county.

Patrons of the schools in each administrative area shall present their grievances to their Area Advisory Council through their area superintendent. Appeals may be made to the County Board of Education.

Area superintendents

Section 16. Each of the administrative areas shall have an area superintendent appointed by the County Board of Education upon recommendation of the district superintendent. Each area superintendent shall be responsible to the district superintendent for the operation of the schools within his area and the annual preparation of a proposed classified budget for the operation of the schools in his administrative area. The superintendent shall have supervisory control over the expenditure of funds allocated to his area. Each area superintendent shall recommend to the district superintendent for nomination to the county board for employment those school personnel whose services are required to his administrative area. The area superintendents shall be delegated additional authority as deemed necessary in consultation with the district superintendent of schools by the County Board of Education.

Board authorized to levy millage

Section 17. The Aiken County Board of Education is authorized to levy for the operation of the School District of Aiken County in 1981-82 and in ensuing years a tax in an amount not to exceed 96.4 mills. The additional 4.4 mills that the 96.4 mills constitutes over the 1979-80 levy shall be used exclusively to comply with the local support requirements of Act 163 of 1977 (Education Finance Act).

Additional levy

Section 18. In addition to the levy authorized by Section 17, the Aiken County Board of Education is hereby authorized to levy five mills for fiscal year 1981-82 only which shall be used exclusively for the operations of the School District.

Repeal

Section 19. Act 461 of 1967, Acts 1093 and 1172 of 1968, Act 139 of 1971, Acts 267 and 268 of 1977 (collectively designated as Sections 21-1038 through 21-1043 of the 1962 Code), Act 637 of 1980, and Acts 216 and 217 of 1981 are repealed.

Time effective

Section 20. This act shall take effect upon the approval by the Governor.