South Carolina - Acts on Education Topics

An Act to Amend the Free School Law of the State.

March 5, 1897

Acts and Joint Resolutions of the General Assembly of South Carolina 1897, Pages 514-517.
Click Here to view the original Act of March 9, 1896.

SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That Section 62 of an Act entitled “An Act to declare the free school law of the State,” approved 9th March, A. D. 1896, relating to the exception of the special graded school district from special Act incorporating said special school district, be, and the same is hereby, amended by striking out all after the word “districts” on line four thereof to the word “Provided” on lines six and seven thereof. So that said Section when so amended shall read as follows:

"Section 62. Nothing contained in this Act shall be construed to repeal the Act of the General Assembly creating special and graded school districts, and the provisions of said Acts shall apply to said school districts: Provided, That the Trustees of said school districts and Commissioners of the city schools of Charleston shall make annual reports to the State Superintendent of Education in such form and at such time as he shall prescribe: Provided, further, Whenever under the provisions of law any school district or municipal corporation is authorized to levy a special tax for the support of public schools therein, any person not a resident of said school district or municipal corporation shall be entitled to a credit upon fees for the tuition of his or her children by the amount of such special tax paid by such person."

SECTION 2. That Section 36 of an Act entitled “An Act to declare the free school law of the State,” approved 9th March, A. D. 1896, be, and the same is hereby, amended so as to read as follows:

"Section 36. Each County Board of Education on the first Tuesday of July, 1897, and on the first Tuesday in July in every two years thereafter, shall appoint for each school district in their County three School Trustees from the qualified electors and taxpayers residing within the district, who shall hold their office for two years until their successors are appointed and qualified, unless sooner removed by the County Board of Education: Provided, That all school Trustees now appointed shall continue in office until their successors may be appointed under this Act. The County Board of Education shall have power to fill, from time to time, all vacancies in Boards of Trustees. The School Trustees shall meet as a Board as soon and as often as practicable, after having been appointed and qualified, at such place as may be most convenient in the district, and at their first meeting they shall organize by electing one of their number Chairman of the Board, who shall preside at the official meetings of the Board, and another clerk of the Board, who shall record their proceedings in a book provided for that purpose. Each member of the Board of Trustees shall be duly notified of all meetings of the Board by the clerk of the Board. The terms of office of all Trustees now in office shall expire on the 30th day of June, 1897: Provided, That the foregoing provisions of this Section shall not apply to special and graded school districts created by special Acts, but that the Trustees and School Commissioners of all special and graded school districts shall remain the same in number and shall be elected or appointed in the same manner and shall hold office for the same time as is provided for in the respective special Acts, except that in the special school districts where the Trustees or their successors are appointed by the State Superintendent of Education under the provisions of the special Acts the Trustees shall hold office until the first Tuesday in July, 1897, on which day and on the same day every two years thereafter the Trustees shall be elected by the qualified electors of such school district. The election of all Trustees for all such school districts shall be by ballot, and shall be conducted under the supervision of three qualified electors residing within the district, who shall be appointed by the County Board of Education at least ten days prior to the holding of the election. The manager shall report the result of the election to the County Board of Education within ten days thereafter, which Board shall commission the Trustees so elected. The Board of Trustees of each special or graded school dstrict shall elect from their number a Chairman, who shall preside at their meetings, and a Secretary, or a Secretary and Treasurer, who shall record the proceedings of the Board, and who shall keep a full and accurate account of all moneys received and expended, showing the source and disposition of each item, and who shall make a complete itemized report of the receipts and disbursements for each scholastic year to the County Superintendent of Education on or before the fifteenth day of July of each year. The books and vouchers of the Secretary and Treasurer shall be open at all times to inspection by the public. No Trus tees of any public school district or any graded school district shall be a Trustee of or a stockholder in any private or other school or institution for higher education in this State."

SECTION 3. That Section 25 of said Act of 1896 be, and the same is hereby, repealed and that the following be substituted therefor and be known as Section 25:

"Section 25. There shall be a County Board of Education in each County composed of three members, one of whom shall be the County Superintendent of Education, and the other two shall be appointed by the State Board of Education at its regular meeting in April, 1897, and every two years thereafter, who shall hold their office for a term of two years from the time of their appointment and until their successors shall be appointed and qualified, unless sooner removed by the State Board of Education."

Approved: March 5th, A.D. 1897.

William H. Ellerbee, Governor.
Miles B. McSweeney, Lt. Governor and President of the Senate.
Frank Boyd Gary, Speaker of the House of Representatives.



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