Who had to approve a principal working at a second Charleston County school in 2007?

Plain-English summary

The Charleston County Constituent School Board for District 20 objected to a plan for a principal to lead both Sanders-Clyde Elementary and Frasier Elementary. The Attorney General did not decide whether the second assignment was a transfer or a new appointment. It explained the different statutory approvals required for each route under Charleston County's school district legislation.

If the assignment was a transfer between constituent districts, the principal, the countywide Board of Trustees, and the boards of both affected constituent districts had to approve it. If it was a new principal appointment, the countywide board had to choose from three qualified candidates recommended by Frasier's constituent board. The opinion found no special principal-appointment power for the superintendent that could override those requirements.

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.

Historical summary

Constituent school boards

The 1978 amendment excluded principals from the general constituent-board hiring provision but preserved a constituent board's role in recommending three qualified candidates for a principal appointment. For a transfer between constituent districts, both constituent boards had an approval role under the enabling legislation.

Countywide trustees and superintendent

The countywide board selected a principal from the constituent board's three recommendations. The AG said the board could assign duties to the superintendent but could not use that delegation to bypass the legislation's principal-employment provisions.

Common questions

Could the superintendent alone assign a principal to Frasier Elementary?
The AG found no provision granting the superintendent a separate power to appoint principals or override the statutory appointment procedure.

What approvals were needed if the second assignment was a transfer between constituent districts?
The opinion named the employee, the countywide Board of Trustees, and the trustees of both affected constituent districts.

What if the second assignment was a new principal appointment?
The countywide board had to select the principal from three qualified people recommended by the constituent district board where Frasier was located.

Did the opinion decide which kind of assignment this was?
No. The AG said the letter did not make clear whether the principal's Frasier role was a transfer or a new appointment.

Background and statutory framework

The opinion traced Charleston County's 1967 school consolidation legislation and its 1978 amendment governing principal appointments. It also quoted the rule for transferring teachers and other professional employees between constituent districts. Those provisions produced the two conditional answers.

Citations and references

• 1967 S.C. Acts 470: creation of the countywide and constituent district structure and transfer approval rule.
• 1978 S.C. Acts 2370: principal appointment language discussed by the AG.

Official title

Concerning the recent hire of a principal by the Board of Trustees for the Charleston County School District.

Requester

Marvin B. Stewart, Chairman, Charleston County Constituent School Board District 20

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-2-2007-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/stewart-m-b-5-2-07-os-8379-recent-hire-by-board-of-trustees.pdf

Original opinion text

May 2, 2007

Marvin B. Stewart, Chairman
Charleston County Constituent School Board District 20
55 Elizabeth Street
Charleston, South Carolina 29403
Dear Mr. Stewart:
We understand you request an opinion on behalf of the Charleston County Constituent Board District 20 (the “District 20 Board”) concerning the recent hire of a principal by the Board of Trustees for the Charleston County School District (the “Board of Trustees”). In your letter, you provide the following information: The superintendent of schools, Dr. Maria Goodloe-Johnson recently approved having the principal of Sanders-Clyde Elementary School, Ms. Marshana Moore assume similar duties at Frasier Elementary beginning next school year. She will, in effect, be principal to two schools. That is not the issue, however. The issue is the legality of such a decision. District 20 constituent board opposes the move as a clear violation of the act of consolidation. Law/Analysis The Legislature consolidated the school districts of Charleston County and created the Charleston County School District (the “District”) by act 340 in 1967. 1967 S.C. Acts 470. This legislation established the Board of Trustees as the governing body for the consolidated districts. Id. Although all eight of the school districts located in Charleston County were consolidated into one district, the Legislature created special districts for administrative purposes, referred to as constituent districts, based on the eight former school districts. Id. In addition, the legislation called for the boards of trustees of the former districts to continue to serve as the boards of trustees for the constituent districts. Id.

Mr. Stewart
Page 2
May 2, 2007

The act contains a provision dealing with the employment of teachers and other personnel. This provision, as originally enacted, stated: “The teachers and other constituent district personnel necessary for the efficient operation of the schools in each constituent district shall be employed by the trustees thereof, subject to the approval of the Board of Trustees of the Charleston County School District.” Id. However, by act 721 in 1978, the Legislature amended this provision to state: “The teachers and other constituent district personnel necessary for the efficient operation of the schools in each constituent district, except for school principals, shall be employed by the trustees thereof, subject to the approval of the Board of Trustees of the Charleston County School District.” 1978 S.C. Acts 2370 (emphasis added). By the same act, the Legislature amended the powers and duties originally given to the Board of Trustees to include the power to “[a]ppoint the principles of all school districts in Charleston County from among three qualified persons recommended by the trustees of the constituent school district in which the particular school is located.” Id. Moreover, the enabling legislation also contains a provision concerning the transfer of teachers and other professional employees among constituent districts. 1967 S.C. Acts 470. This provision states: “No teacher or other professional employee shall be transferred from one constituent district to another without the approval of such employee, the Board of Trustees of the Charleston County School District, and the trustees of each of the constituent districts involved.” Id. In your letter, you indicate the superintendent of the Charleston County School District gave approval for Ms. Moore to serve as principal of Frasier Elementary School (“Frasier”). The District’s enabling legislation contains a provision as to the superintendent’s position, stating that such an individual is appointed by the Board of Trustees. 1967 S.C. Acts 470. The enabling legislation also describes the superintendent’s duties as follows: “The Superintendent of education by the general laws of the state, shall perform such other duties as shall be prescribed by the Board of Trustees of the Charleston County School District.” However, we found no provision describing the superintendent’s role in the appointment of principals. While pursuant to the enabling legislation, the Board of Trustees may give certain responsibilities to the superintendent, we do not believe the Board of Trustees may override other provisions of the enabling legislation concerning the employment of principals. Because Ms. Moore currently serves and will continue to serve as principal of Sanders-Clyde Elementary School (“Sanders-Clyde”) while acting as principal of Frasier, we are unsure from your letter as to whether assumption of the position at Frasier is a transfer or an appointment to a new position. If her assumption of the position at Frasier is a transfer, and Frasier and Sanders-Clyde are not within the same constituent district, not only must the Board of Trustees and the Ms. Moore agree to the transfer, but the boards of the constituent districts in which Frasier and Sanders-Clyde are located must also approve the transfer. If the employment of Ms. Moore at Frasier constitutes an appointment of a new principal, the District’s enabling legislation requires she be one of three

Mr. Stewart
Page 3
May 2, 2007
qualified persons recommended by the constituent district’s board of trustees and be chosen by the Board of Trustees. Very truly yours, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Cydney M. Milling
Assistant Attorney General