Could a South Carolina House member also work as a public-school substitute teacher?

Plain-English summary

A House member asked whether she could also serve as a substitute teacher in South Carolina's public schools. The Attorney General answered yes. The short opinion relied on earlier office opinions concerning legislators who also worked as teachers, principals or other school-district employees, and said those opinions found neither a statutory nor a constitutional prohibition.

The letter did not analyze a particular school contract, compensation arrangement or separate ethics provision. Its stated conclusion was that nothing in the law then prohibited the House member from substitute teaching.

Currency note

This opinion was issued in 1998. 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 AG say the House member could substitute teach?
A: Yes. The opinion concluded that no state law prohibited the simultaneous service described in the request.

Q: What did the opinion rely on?
A: It cited earlier AG opinions involving legislators serving as teachers, principals or other school-district employees.

Background and statutory framework

The request asked only whether substitute teaching was barred by the South Carolina Constitution or state law. The opinion gave a brief answer based on prior office conclusions and identified no specific statutory section or court case.

Citations and references

• Earlier South Carolina AG opinions on legislators working as school-district employees, as identified in the opinion text.

Official title

Asking whether a member of the House of Representatives may serve as a substitute teacher in the state’s public school system without contravening any provisions of the South Carolina Constitution or state law.

Requester

The Honorable Shirley R. Hinson, Member, House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-28-1998-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/98sept28hinson.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATIORNEY GENERAL

September 28, 1998

The Honorable Shirley R. Hinson
Member, House of Representatives
106 Kenton Place ,
Goose Creek, South Carolina 29445

RE:

Informal Opinion

Dear Representative Hinson:
Your opinion request has been forwarded to me for reply. You have asked whether a member of the House of Representatives may serve as a substitute teacher in the state's public school system without contravening any provisions of the South Carolina Constitution or state law. In several prior opinions of this Office, we have addressed the question of whether a member of the General Assembly may simultaneously serve as a teacher, principal or other school district employee. See Ops. Atty. Gen. dated January 30, 1997, July 17, 1984, and March 11, 197 6 as examples of these opinions. In all of these opinions, this Office concluded that there are neither statutory nor constitutional prohibitions against such service. Accordingly, nothing in the law prohibits a member of the House of Representatives from serving as a substitute teacher in the state's public school system. This letter is an informal opinion only. It has been written by a designated assistant attorney general and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kindest regards, I remain Very truly yours,

t1d4

Paul M. Koch
Assistant Attorney General
REMllERT

c. DENNIS B UILOING

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POST Offl('I' Box 11549

Cou; ~ll!A, s.c. 29211-154')

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Tl'LFl'llONE: 803-734-3970

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