2023 South Carolina Code of Laws › Title 59 - Education › Chapter 40 - Charter Schools › Section 59-40-230. Board of trustees; membership; powers and duties.

(A)(1) The South Carolina Public Charter School District must be governed by a board of trustees consisting of not more than nine members:
(a) two appointed by the Governor;
(b) one appointed by the Speaker of the House of Representatives;
(c) one appointed by the President of the Senate; and
(d) five to be appointed by the Governor upon the recommendation of the:
(i) South Carolina Association of School Administrators;
(ii) South Carolina Chamber of Commerce;
(iii) South Carolina Education Oversight Committee;
(iv) South Carolina School Boards Association; and
(v) South Carolina Alliance of Black Educators.
(2) The seven members appointed by the Governor pursuant to this subsection are subject to advice and consent of the Senate. Membership of the committee must reflect representatives from each of the entities in item (4) or their designee as reflected in their recommendation.
(3) Each member of the board of trustees shall serve terms of three years, except that, for the initial members, two appointed by the Governor, one by the Speaker of the House, and one by the President of the Senate, shall serve terms of one year and three appointed by the Governor shall serve terms of two years. A member of the board may be removed after appointment pursuant to Section 1-3-240. In making appointments, every effort must be made to ensure that all geographic areas of the State are represented and that the membership reflects urban and rural areas of the State as well as the ethnic diversity of the State.
(B) The South Carolina Public Charter School District Board of Trustees has the same powers, rights, and responsibilities with respect to charter schools as other school district boards of trustees of this State including, but not limited to, sponsoring charter schools and applying for federal charter school grants, except that the South Carolina Public Charter School District Board of Trustees may not offer application for a charter school, issue bonds, or levy taxes.
(C) The South Carolina Public Charter School District Board of Trustees annually shall elect a chairman and other officers, as it considers necessary from among its membership.
(D) Members of the South Carolina Public Charter School District Board of Trustees are not eligible to receive compensation but are eligible for per diem, mileage, and subsistence as provided by law for members of state boards, committees, and commissions.
(E) The South Carolina Public Charter School District Board of Trustees shall:
(1) exercise general supervision over public charter schools sponsored by the district;
(2) grant charter status to qualifying applicants for public charter schools pursuant to this chapter;
(3) adopt and use an official seal in the authentication of its acts;
(4) keep a record of its proceedings;
(5) adopt rules of governance;
(6) determine the policy of the district and the work undertaken by it;
(7) prepare a budget for expenditures necessary for the proper maintenance of the board and the accomplishment of its purpose;
(8) keep financial records in accordance with state and federal accounting codes and procedures;
(9) comply with and ensure compliance of applicable state and federal regulations;
(10) procure an outside annual certified financial audit on funds and submit to the State Department of Education as required by the State Department of Education;
(11) be subject to the Freedom of Information Act;
(12) have the power to hire and fire the superintendent of the district who may have staff as needed.
(F) The South Carolina Public Charter School District Board of Trustees may contract, sue, and be sued.
HISTORY: 2006 Act No. 274, Section 1, eff May 3, 2006; 2012 Act No. 164, Section 13, eff May 14, 2012; 2019 Act No. 1 (S.2), Section 67, eff January 31, 2019.
Effect of Amendment
The 2012 amendment rewrote subsection (A).
2019 Act No. 1, Section 67, redesignated (A) as (A)(1), (1) to (4) as (a) to (d), (a) to (e) as (i) to (v), and inserted the (2) and (3) designators; in (A), in (1)(c), substituted "President of the Senate" for "President Pro Tempore of the Senate"; and in (A)(3), in the first sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate".