SCHOOLS - SOUTH CAROLINA

Board of Trustees for Fairfield County School Dist. v. State

Supreme Court of South Carolina - July 16, 2014 - S.E.2d - 2014 WL 3461847

County school district brought declaratory judgment action alleging statutory provision that required county treasurer to pay another county for cost of educating first county’s public school students was unconstitutional. The Circuit Court granted summary judgment in favor of second county and state as to the constitutionality of statute, and plaintiff school district appealed.

The Supreme Court of South Carolina held that there was no evidence that the General Assembly failed to set forth any logical basis or sound reason for enacting statute that required county treasurer in first county to pay second county for the cost of educating African-American public school students who resided in first county but elected to attend schools in second county, as required to show that statute violated the constitutional proscription against the enactment of a special law where a general law could be made applicable.



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