Was the Darlington school district’s 1978 special act still in force and facially constitutional?

Plain-English summary

The Darlington County Board of Education's chairman asked about the status and constitutionality of a provision in a 1978 act. The Deputy AG said the provision had not been repealed or amended. Because the requester had not identified a particular constitutional concern, the letter considered the act on its face and found no apparent constitutional problem.

The author noted that the South Carolina Supreme Court had upheld many challenges to laws for particular school districts as special legislation in light of the General Assembly's authority over public education. He also quoted the demanding standard for striking a statute. He did not decide a specific factual or constitutional challenge beyond that facial reading.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Had the Darlington school act been repealed when the letter was issued? A: The Deputy AG said it had not been repealed or amended since passage.

Q: Did the opinion find the act unconstitutional because it addressed one school district? A: No. It found no constitutional defect on the face of the act and cited decisions upholding many special-legislation challenges involving school districts.

Q: Did the letter resolve every possible constitutional objection? A: No. The requester had not identified a specific concern, so the author limited the answer to the act as it read.

Background and statutory framework

The letter addressed Act 748 §3, 1978 S.C. Acts 2419. It referred to Bradley v. Cherokee School District One and Moye v. Caughman in discussing school-district legislation. Its status statement was made as of February 1997.

Citations and references

Act discussed: Act 748. Cases discussed: Bradley v. Cherokee School District One; Moye v. Caughman.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/february-21-1997/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/97feb21jeffords.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

February 21, 1997

The Honorable Warren J. Jeffords
Chairman
Darlington County Board of Education
P.O. Box 1117
Darlington, SC 29532
Dear Mr. Jeffords:

I

I

You have requested the advice of this Office as to "the status and constitutionality" of Act 748 §3, 1978 S.C. Acts 2419. This law has not been repealed or amended since its passage. Although we do not know what, if any, concerns you may have regarding the constitutionality of this law, the face of the law (the law as it reads) does not indicate any constitutional problems. The South Carolina Supreme Court has upheld many challenges to laws for particular school districts as special legislation because of the authority given to the General Assembly to provide for public education. See Bradley v. Cherokee School District One, 470 S.E. 2d 570 (S.C. 1996); Moye v. Caughman, 265 S.C. 140, 217 S.E.2d 36 (1975). Moreover, a Court would uphold the law "... unless shown to violate the constitution clearly and beyond reasonable doubt." Hercules lncomorated v. South Carolina Tax Commission, 274 S.C. 137, 262 S.E. 2d 45 (1980). This letter is an informal opinion. It has been written by the designated Deputy Attorney General and represents the opinion of the undersigned attorney as to the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion. If you have further questions, please let me know.

Yours very truly,

Y,i)dl~

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C. Williams, III
Deputy Attorney General

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R~!T)i. DENNl~l'II;.£1~ • , POST OFFICE Box 11549

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COLL'MBJA. S.C. 29211-1549

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