Who had authority to operate the Anderson County Alternative School in 2004?

Plain-English summary

The South Carolina Attorney General concluded that the Anderson County Board of Education had authority to operate the Anderson County Alternative School. The 1995 act expressly granted, ratified, and affirmed the county board's power to finance and operate an alternative school. The AG also read the act's title as confirming that the amendment concerned the county board's powers.

Currency note

This opinion was issued in 2004. 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 county board or individual school districts operate the Anderson County Alternative School under this opinion? A: The AG concluded that the county board had the operating authority granted by the 1995 act.

Q: Could the county board finance the alternative school? A: The quoted act expressly granted the county board authority to finance and operate the school and to incur debt for the act's purposes.

Q: Why did the AG consider the title of the act?
A: The opinion said an act's title may aid interpretation by showing legislative intent. The title identified the amendment as affirming the Anderson County Board of Education's powers.

Background and statutory framework

Act No. 156 of 1995 amended Section 31 of Act 868 of 1950. The opinion applied the amendment's express reference to operating an alternative school and the act's title to answer the allocation-of-authority question.

Citations

• Act No. 156 of 1995
• Act 868 of 1950

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-15-2004-4/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04oct15townsend.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL

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fuNRY McM.AsrER
ATI'OR NEY GENERAL

October 15, 2004

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The Honorable Ronald P. Townsend
Member, House of Representatives
2328 Wright School Road
Anderson, South Carolina 29621

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Dear Representative Townsend:
In a letter to this office you questioned whether the Anderson County Board of Education has the authority to operate the Anderson County Alternative School or does that authority belong to the Anderson County school districts.

Act No. 156 of 1995 states as follows:
Section 31 of Act 868 of 1950 is amended by adding at the end: Specifically, but without limitation, the responsibility, authority, and power of the county board to finance and operate an alternative school for Anderson County and to incur debt in order to effect the purposes of this act incJuding, but not limited to, the authority to issue tax anticipation notes similar to and consistent with the terms and provisions of paragraph four of Section 11-27-50 of the 1976 Code, are granted, ratified, and affirmed as being within the scope and intent of this act.

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Section 31 of Act 868 of 1950 refers to the duties of the Anderson County Board of Education. The title to Act No. 156 states that it is An act to amend Act 868 of 1950, as amended, relating to the designation and

affirmation of the specific authority, responsibilities, and powers of the Anderson County Board of Education .... (emphasis added). Principles of statutory construction are relevant to your question. Generally, 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). A statute as a whole must receive a practical, reasonable, and fair interpretation consonant with the purpose, design and policy of the lawmakers. Caughman v. Cola. Y.M.C.A., 212 S.C. 337, 47 S.E.2d 788 (1948). 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

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RfMBFu l':. nlNNJs Bun.DING • POST Om CE Box 11 549 • C-OuiMBlA. S.C. 292 11-1 549 • TEI.EPHONE: 803-734-3970 • FACSIMILE: 803-253-6283
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The Honorable Ronald P. Townsend
Page2
October 15, 2004

660 (1991 ). Also, the title or caption of an act may be properly considered to aid in the construction of a statute and to show the intent of the Legislature. Lindsayv. Southern Farm Bureau Cas. Ins. Co., 258 S.C. 272, 188 S.E.2d 374 (1972). Consistent with the above, in my opinion, construing the terms of the provisions of Act No. 156 along with the title to that Act, the Anderson County Board of Education would have the authority to operate the Anderson County Alternative School.

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If there are any questions, please advise.
Sincerely,

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

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Robert D. Cook
Assistant Deputy Attorney General