Public-domain · open source
OpenJurist

S.C. Code Ann. § 59-25-470

Request for hearing; determination by board; time and place of hearing; procedures

Applied in 7 court decisions — leading case Adamson v. Richland County School District One (1998)

Most recently applied in Brown v. James (July 2010)

1962 Code SECTION 21-367; 1974 (58) 2343; 1976 Act No. 634, SECTION 6; 2016 Act No. 221 (H.3560), SECTION 4, eff June 3, 2016.

How often courts cite this section

198119902000201020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) Within fifteen days after receipt of notice of suspension or dismissal, a teacher may serve upon the chairman of the board or the superintendent a written request for a hearing before the board, or its designee.

(B) If the teacher fails to make such a request, or after a hearing as provided in this article, the board shall take action and shall enter an order as it considers lawful and appropriate.

(C) The hearing must be held by the board, or its designee, within forty-five days after the request is served. A notice of the time and place of the hearing must be given the teacher not less than five days before the date of the hearing.

(D) The teacher may be present with counsel at the hearing, and may cross-examine witnesses, may offer evidence and witnesses, and present defenses to the charges. The board, or its designee, shall order the appearance of any witness requested by the teacher, subject to the limitations of Section 59-25-460. The superintendent shall initiate the introduction of evidence in substantiation of the charges.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.