2018 South Carolina Code of Laws
Title 59 - Education
CHAPTER 40 - CHARTER SCHOOLS
Section 59-40-90. Appeal to Administrative Law Court.

A final decision of the school district or a public or independent institution of higher learning sponsor may be appealed by any party to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D).

HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006; 2006 Act No. 387, Section 45, eff July 1, 2006; 2008 Act No. 239, Section 6, eff May 21, 2008; 2014 Act No. 288 (H.3853), Section 5, eff June 12, 2014.

Code Commissioner's Note

Although 2006 Act No. 274 added a provision in subsection (D) allowing the collection of attorney's fees and other expenses in circuit court appeals, the amendment by Act No. 387, ratified on a later date, did not contain a comparable provision. At the direction of the Code Commission, the text of Act No. 387 is used above.

Editor's Note

2006 Act No. 387, Section 53, provides as follows:

"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."

2006 Act No. 387, Section 57, provides as follows:

"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."

Effect of Amendment

The first 2006 amendment deleted "local" throughout preceding "school board"; in subsection (C), substituted "thirty days" for "forty-five days" in the second sentence; and, in subsection (D), added the second sentence relating to attorney's fees and other expenses.

The second 2006 amendment, in subsection (D), substituted "Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)" for "circuit court for the county in which the proposed charter school is or was to have located".

The 2008 amendment rewrote the section, deleting prior subsections (A) to (C), relating to appeals to the State Board of Education, deleting subsection designator (D), and substituting "school district" for "state board".

2014 Act No. 288, Section 5, inserted "or a public or independent institution of higher learning sponsor".