Did a South Carolina school board member need district office approval to visit a school or review district records?

Plain-English summary

A Rock Hill school trustee asked whether the superintendent or district office had to approve a school visit and whether a board member could access all district records. The June 2001 AG letter answered both questions in the trustee’s favor: an individual board member was legally authorized to visit schools without district office approval and to access district records.

The letter relied on statutes placing school districts under trustees’ management and control and expressly authorizing trustees to visit public schools. It also relied on earlier AG opinions for the records question. The letter said a trustee should use judgment and discretion in deciding when to visit; it did not say visits had to be made by the full board.

Currency note

This opinion was issued in 2001. 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.

Historical summary

School trustees

The opinion treated school visits and district-record access as part of an individual trustee’s ability to understand district operations. It found no statutory requirement for prior district office approval of a visit.

Superintendents and district offices

The AG said the visit authorization was not limited to the full board. The letter also concluded that board members had access to district records because they governed the entity.

Common questions

Did a trustee need the superintendent’s permission to visit a school? A: The AG said no. The cited statute authorized visits, and the letter found no approval requirement.

Could one trustee visit without the entire board?
A: Yes. The opinion said the legislature did not contemplate requiring the full board for every visit.

Could a trustee access district records?
A: The AG said yes, relying on earlier opinions that a governing-body member needed records to perform the office.

Background and statutory framework

The letter cited S. C. Code Ann. § 59-19-10 for the trustees’ management and control of the district and § 59-19-90(6) for their authority to visit schools. It referred to enclosed prior opinions on records access; those enclosures are not reproduced in the linked PDF.

Citations and references

• S. C. Code Ann. § 59-19-10: board management and control.
• § 59-19-90(6): visits to public schools in the district.

Official title

Asking whether you are legally required as a Board member to receive approval from the Superintendent of the School District or from the District Office before you can visit a school in your district.

Requester

Dr. Britt Blackwell, Member, Rock Hill School District

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-7-2001/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/01june-7-blackwell.pdf

Original opinion text

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The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATTORNEY GENERAL

June 7, 2001

Dr. Britt Blackwell
Member, Rock Hill School District
1268 Ebenezer Road
Rock Hill, South Carolina 29730
Dear Dr. Blackwell:
As a member of the Board of Trustees of the Rock Hill School District, you have asked for an opinion of this Office as to whether you are legally required as a Board member to receive approval from the Superintendent of the School District or from the District Office before you can visit a school in your District. You also ask whether as a Board member, you have access to all District records. It is my opinion that because of your status as a School Board member, you are legally authorized to visit schools in the District without District Office approval and that you have access to all records of the School District. The questions you have raised are answered by prior opinions of this Office. I am enclosing copies of opinions dated March 24, 1995; August 18, 1983 and December 2, 1977 (Op. No. 77-380) which address your inquiry. As was stated in the March 24, 1995 Opinion, "a member of the governing body of an entity needs access to such records to be able to do the job he or she was elected to do." The same principles as well apply to School Board members visiting schools. S. C. Code Ann. § 59-19-10 places each school district "under the management and control of the board of trustees .... " In addition,§ 59-19-90(6) authorizes the Board of Trustees to "visit the public schools within its district from time to time .... " Certainly, the General Assembly did not contemplate that such "visits" must occur only by the full Board. Moreover, the Legislature made no mention in the statute for the necessity of any "approval" for a visit by

REMBERT c. DENNIS BUILDING

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POST OFFICE Box 11549

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COLUMBIA, S.C. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

Dr. Blackwell
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June 7, 2001
a Trustee or Trustees from the District Office. Clearly, an individual Board member is legally authorized to visit schools as he or she deems necessary, using his or her good judgment and sound discretion, in order to gain an understanding and knowledge of the District's operation. With kind regards, I remain

Robert D. Cook
Assistant Deputy Attorney General
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Enclosures