Did a South Carolina teacher have to surrender or renew a teaching certificate while serving in the General Assembly?

Plain-English summary

In a 1997 letter, a deputy attorney general interpreted S.C.Code Ann. § 2-1-120 for a representative who asked about a public-school teacher serving in the General Assembly. He concluded that legislators holding teaching certificates were exempt from recertification requirements while serving their elected terms and that their certificates remained valid during that period. He rejected any reading that required a teacher legislator to relinquish a certificate.

The letter cited earlier AG opinions finding no statutory or constitutional prohibition against teachers, principals, or other school-district employees serving in the Legislature. It addressed certificate validity during legislative service, not every possible employment or ethics issue. A footnote suggested that a district policy manual's wording about a legislator “returns his teaching certificate” was probably a typo for “retains his teaching certificate.”

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: Did a teacher's South Carolina certificate expire because the teacher was elected to the Legislature?
A: The deputy attorney general read § 2-1-120 to keep the certificate valid during the elected term.

Q: Did a teacher legislator have to complete recertification during the term?
A: The letter said the statute exempted members of the General Assembly from all recertification requirements while serving elected terms.

Q: Did the statute require a teacher to give up the certificate while serving?
A: No. The letter said such an interpretation contradicted the statute's express language.

Q: Did the letter decide whether a teacher could keep every school-district job duty while legislating?
A: No. Its holding concerned the teaching certificate and recertification during the legislative term. It referenced earlier opinions on eligibility to serve but did not examine an individual employment arrangement.

Background and statutory framework

The representative asked for an interpretation of the teacher-certification provision. The author quoted the statute's exemption for members of the General Assembly during elected terms and applied its plain language. He treated a contrary district policy-manual phrase as likely a typographical error. The reasoning rested on the statute's direct statement that certificates remained valid while legislators served.

Citations and references

• Statute discussed: S.C.Code Ann. § 2-1-120 (certificates and recertification during elected terms).

Official title

Requesting an interpretation of S.C. Code Ann. § 2-1-120 in regard to a public school teacher’s  ability to serve in the General Assembly.

Requester

The Honorable Molly M. Spearman, Member, House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-30-1997/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/97jan30spearman.pdf

Original opinion text

{R/10 ~

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

January 30, 1997
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The Honorable Molly M. Spearman
Member, House of Representatives
Route 1, Box 490
Saluda, South Carolina 2913 8
Re: Informal Opinion
Dear Representative Spearman:
You have requested this Office's interpretation of S.C.Code Ann. § 2-1-120 in regard to a public school teacher's ability to serve in the General Assembly. Section 2-1-120 provides:
[n]otwithstanding any other provisions of law or regulations of the Department of Education, members of the General Assembly while serving elected terms of office shall be exempted from any requirements of recertification and such members' teaching certificates shall remain valid during that period. (Emphasis added.) In interpreting any statute, the primary purpose is to ascertain the intent of the Legislature. State v. Martin, 293 S.C.46, 358 S.E.2d 697 (1987). The words of a statute must be given their plain and ordinary meaning without resort to subtle or forced construction to limit or expand the statute's operation. Bryant v. City of Charleston, 295 S.C. 408, 368 S.E.2d 899 (1988). The court must apply the clear and unambiguous terms of the statute according to their literal meaning. State v. Blackmon, 304 S.C. 270, 403 S.E.2d 660 (1991).

RE~IBERT C. DEN:-11s Bt'ILO!:\G

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Posr OFFICE Box 11549

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Cou;MBIA. S.C. 29211-1549

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TELEPHO:-JE:

803-734-3970

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F~cs1~11LE: 803-253-6283

Representative Spearman
Page 2
January 30, 1997
According to the clear and unambiguous language of Section 2-1-120, legislators who hold teaching certificates are exempt from any and all recertification requirements during their terms of office, and such legislators' teaching certificates must remain in effect during that time. In my opinion, any reading or interpretation of this statute which requires a teacher/legislator to relinquish his or her teaching certificate while serving in the Legislature is in direct contravention to the express will of the General Assembly. 1 In fact, one could persuasively argue that, by exempting teacher/legislators from the recertification requirements, Section 2-1-120 actually facilitates a teacher's service in the General Assembly. This conclusion is supported further by numerous prior opinions of this Office that have found no statutory or constitutional prohibitions against teachers, principals or other school district employees from serving in the State Legislature. See, as examples, Ops.Atty.Gen. dated June 11, 1992; August 6, 1984; July 17, 1984; January 11, 1977; and March 11, 1976. I trust this letter is responsive to your inquiry and that you will not hesitate to call on me if clarification or additional assistance should be needed.

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Sincerely yours,

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Zeb C. Williams, III
Deputy Attorney General
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1

Given the clear and unambiguous language of Section 2-1-120, I suspect the explanation of this Code section appearing in the Saluda County School District One Policy Manual contains a typographical error. I believe the drafter of this paragraph most probably meant to say "retains his teaching certificate ... " instead of "returns his teaching certificate .... "