Which South Carolina rule set the seven-year period for advancing a teacher's credential?

Plain-English summary

Two South Carolina education regulations gave different starting points for the seven-year period to earn 18 graduate hours and advance a teacher credential. Regulation 43-53 measured from when the coursework began; Regulation 43-53.2 measured from a request to identify the specialty area. In 2006, the Attorney General concluded that Regulation 43-53 controlled the bachelor-plus-18 classification.

The AG said the conflicting deadlines could not reasonably be reconciled. Regulation 43-53 had been amended in 2003, while Regulation 43-53.2 had last been amended in 2002. The later rule therefore represented the more recent expression of legislative will. The opinion also said the State Department of Education treated Regulation 43-53 as controlling and that its interpretation of its own rules deserved deference.

A proposed repeal of Regulation 43-53.2 had been left out of the resubmitted 2003 amendments, so both rules remained on the books. The AG noted that the General Assembly could address any resulting inequity to an individual teacher while reviewing the matter.

Currency note

This opinion was issued in 2006. 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 seven years start when a teacher began the graduate coursework or requested a specialty-area evaluation? A: The AG chose Regulation 43-53, which measured seven years from the start of the coursework.

Q: Had Regulation 43-53.2 already been repealed?
A: No. The proposed repeal was omitted from the version resubmitted in 2003, so the AG addressed a conflict between two existing rules.

Q: Why did the AG choose Regulation 43-53?
A: It had been amended later than Regulation 43-53.2, and the Education Department also treated it as controlling.

Background and statutory framework

A legislator asked which rule governed advancement from a bachelor's credential to bachelor's plus 18 graduate hours. The regulations also described different consequences if the coursework was not completed within seven years: revalidation of course credits under Regulation 43-53 and a new credential evaluation under Regulation 43-53.2. The AG treated the differing starting points as irreconcilable and applied the later-amended rule.

Citations and references

The opinion quotes Regulations 43-53 and 43-53.2 and discusses South Carolina decisions on later enactments and deference to agency interpretations.

Official title

Regarding conflicting provisions in the State Board of Education Regulations 43-53 and 43-53.2 as to which regulation should be utilized for determining advancement of a teaching certificate from bachelor’s degree to bachelor’s degree plus eighteen hours.

Requester

The Honorable Ronald P. Townsend, Member, House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-17-2006-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/mar17-06-Townsend.pdf

Original opinion text

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HENRY MCMASTER
ATIORNEY GENERAL

March 17, 2006

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The Honorable Ronald P. Townsend
Member, House of Representatives
P. 0. Box 11867
Columbia, South Carolina 29211
Dear Representative Townsend:
In a letter to this office you requested an opinion regarding conflicting provisions in State Board of Education Regulations 43-53 and 43-53.2 as to which regulation should be utilized for determining advancement of a teaching certificate from bachelor's degree to bachelor's degree plus eighteen hours. Regulation 43-53 (II)(B) in dealing with levels of credential classification states in part (B) that for a bachelor's degree plus eighteen hours classification:
...the educator must have 18 hours of graduate credit that he or she earns within seven years from the time the coursework is started. Individuals who do not complete the requirements during the seven years must request that the college/university revalidate the course credits before the work can be submitted for credential advancement. (emphasis added). Regulation 43-53.2 (B)(2)(b), which deals with types and levels of credential classification, states that for a bachelor's degree plus eighteen hours classification, an individual must: Have eighteen (18) hours of graduate credit in one specialty/content area (these may include add-on certification). Educators must follow the approved procedure for the identification of the graduate specialty/content area and completion of the coursework within seven (7) years after the reguest. Individuals who do not complete the requirements during the seven years must request a new evaluation of their teaching credentials and meet new requirements. (emphasis added). According to your letter, the State Board ofEducation promulgated amendments to Regulation 43-53 that included the repeal of Regulation 43-53.2 in 2003. The regulations were submitted to the

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The Honorable Ronald P. Townsend
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March 17, 2006

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Speaker of the House and the Lieutenant Governor under one document, Document 2776. On March 24, 2003, the House Education and Public Works Committee requested that the State Board of Education withdraw, amend and resubmit Document 2776. The State Board of Education approved that request and withdrew, amended and resubmitted Document 2776 on April 2, 2003. However, the language to repeal Regulation 43-5 3.2 was not included in the resubmitted version and, therefore, that regulation was not repealed. Regulation 43.53 was subsequently amended effective November 28, 2003. Regulation 43-53.2 had been last amended in 2002. You have indicated that the repeal of Regulation 43 .53 .2 is currently before the General Assembly with a May 20, 2006 expiration. As to your question regarding which regulation should be utilized for determining advancement of a teaching certificate from bachelor's degree to bachelor's degree plus eighteen hours, in my opinion, Regulation 43-53 should be considered the effective regulation to make such determination. An opinion of this office dated December 16, 1983 recognized the basic rule of statutory construction that regulations relating to the same subject matter should be harmonized if reasonably possible. However, because of the obvious disparity between Regulations 43-53 and 4353 .2 dealing with the requirement of completion of coursework, i.e. seven years after the coursework is started versus seven years after the request, it does not appear that the conflict can be harmonized.

In examining the two regulations, it appears that with the amendment to Regulation 43-53 having been approved in 2003 and Regulation 43-53 .2 having been last effectively amended in 2002, Regulation 43-53 should be considered the regulation later in time. Regulation 43-53, therefore, would be considered the later or more recent expression of the legislature's will and, thus, controlling. Jolly v. Atlantic Greyhound Cor:poration, 207 S.C. 1, 35 S.E.2d 42 (1945); Feldman v. South Carolina Tax Commission, 203 S.C. 49, 26 S.E.2d 22 (1943); Op. Atty. Gen. dated July 9, 1984. Additionally, I am informed that the State Department of Education considers Regulation 4353 to be controlling. Generally, deference is given to an agency's interpretation of its own regulations. Brown v. Bi-Lo. Inc., 354 S.C. 436, 581 S.E.2d 836 (2003). As stated in Dunton v. South Carolina Board of Examiners in Optometry, 291 S.C. 221, 223, 353 S.E.2d 132, 133 (1987), "(t)he construction of a statute by the agency charged with its administration will be accorded the most respectful consideration and will not be overruled absent compelling reasons." Courts generally do not "second guess" an agency's interpretation of its own regulations unless clearly erroneous. UniversityofSouth Carolina v. Batson, 271S.C.242, 246 S.E.2d 882 (1978); Ops. Atty. Gen. dated September 8, 2005 and April 29, 2004. Consistent with such, if the State Department of Education has determined that Regulation 43-53 is controlling, this office will defer to its judgment.

While it appears that Regulation 43-53 controls, arguably, any inequity that may affect a particular individual as to that individual's attempt to advance his or her teaching certificate from

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The Honorable Ronald P. Townsend
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March 17, 2006

bachelor's degree to bachelor's degree plus eighteen hours pursuant to the requirements of Regulation 43-53.2 could be resolved by action of the General Assembly in its review of the matter. If there are any questions, please advise.

Sincerely,

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Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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Assistant Deputy Attorney General