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Friday, September 25, 2015

Court says SC legislation must act on "minimally adequate education" clause ...

From The State Newspaper ...

S.C. lawmakers have until February to draft legislation to improve the state’s rural schools.
That deadline was issued Thursday by the S.C. Supreme Court, less than a year after the state’s highest court ruled South Carolina is not meeting its constitutional obligation to provide a quality education to children in low-income schools.

In a 3-2 order issued Thursday, the court gave Republican Gov. Nikki Haley, and the leaders of the GOP-controlled House and Senate a Feb. 1 deadline to develop a plan – including legislation – to improve those schools.

Last year, the court ordered the state and school districts to work together to come up with an improvement plan. However, Carl Epps, an attorney representing the school districts that sued the state in 1993, said the two sides needed a time-line from the court to help move along the process.

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It will be interesting to see what the legislature does about " minimally adequate education".  This is a phrase coined by the Supreme Court and is not a law of the state of South Carolina.  The Constitution of this State concerning education is covered in Article 11 Section 3 making the State responsible for education funding from buildings, teachers salaries and benefits, and all operational expenses.  This cannot be changed without a vote of the people to change the Constitution.  The courts cannot demand that the constitution be changed by the legislature because that in itself is unconstitutional.

Junius Smith

P.S. All the legislation that has been passed since 1950 is illegal such as the Education Finance Act and has passed a lot education finance to the counties. The politicians are daring us to sue on Constitutional grounds spending our hard earned money while they will use our money to fight us. The Pickens County School Board has usurped the responsibilities of the State and has cost the people of this county a fortune.

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