Could an interim principal fill the principal seat on a South Carolina education advisory board?

Plain-English summary

In 2007, the South Carolina Attorney General concluded that an interim high school principal could fill the principal position on a regional education center advisory board. He assumed the interim principal served while a regular principal's formal appointment was pending.

The statute listed a high school principal among the advisory board's members. The AG relied on prior opinions recognizing interim and holdover appointees as able to perform an office's duties while serving in that capacity. His answer addressed the principal seat, not the qualifications for the board's other positions.

Currency note

This opinion was issued in 2007. 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: Did the board seat require a permanent principal?
A: The AG said an interim high school principal qualified for the position the statute called a “high school principal.”

Q: What did the AG assume about the interim appointment? A: He assumed the person was serving as principal pending formal appointment of a regular principal.

Q: Why did interim status not disqualify the principal?
A: The AG referred to prior opinions recognizing the authority of people serving temporarily or holding over until successors were chosen.

Background and statutory framework

S.C. Code Ann. § 59-59-180 described regional education centers and listed a high school principal among each advisory board's members. The opinion interpreted the listed role in light of the interim principal's assumed service and earlier AG views on interim appointees.

Citations and references

Statute: S.C. Code Ann. § 59-59-180.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-26-2007-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/mcconnell-g-f-1-26-07-os-8320-regional-education-ce.pdf

Original opinion text

January 26, 2007

The Honorable Glenn F. McConnell
Chairman, Charleston County Legislative Delegation
4 Courthouse Square
Charleston, South Carolina 29401
Dear Senator McConnell:
In a letter to this office you questioned whether an interim high school principal is qualified to serve on the Regional Education Center Advisory Board in the position as a “high school principal” as set forth in S.C. Code Ann. § 59-59-180. Such statute provides for the designation by the Education and Economic Development Council of regional education centers “...to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community.” Subsection (E)(1) of such provision states that
...[e]ach regional center shall have an advisory board comprised of a school district superintendent, high school principal, local workforce investment board chairperson, technical college president, four-year college or university representative, career center director or school district career and technology education coordinator, parentteacher organization representative, and business and civic leaders.... As specified by such provision, among the members of the advisory board is a “high school principal”. As to the qualification of an interim high school principal to serve in such position, the term “interim” is defined by Black’s Law Dictionary, rev’d 4th ed. as “in the meantime; meanwhile”. I assume that the individual serving as an interim principal at a high school is serving pending the formal appointment of a regular principal to serve that high school. It appears that an individual serving as an interim high school principal would be qualified to serve on the referenced advisory board of a regional education center. The authority of an individual serving in an interim capacity is generally recognized. This office in an opinion dated November 17, 1988 stated that
...actions taken by an interim appointee, as a de facto officer, with respect to the public and third parties, would be as valid and effectual as those of a de jure officer, unless and until a court should declare otherwise.

The Honorable Glenn F. McConnell
Page 2
January 26, 2007
An interim appointee functions much as an individual who serves in a holdover capacity. This office in an opinion dated November 8, 1993 recognized that a holdover serves as “...a de facto officer with the authority to discharge the duties of that office until a successor is elected and qualified.” Consistent with such, in the opinion of this office, an individual serving as an interim high school principal is qualified to serve on the advisory board of a regional education center. If there are any questions, please advise. Sincerely, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General