The findings of fact by the State Board of Education are final and conclusive. A person aggrieved by the order of the State Board of Education, within thirty days, may appeal to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D), to review errors of law only, by filing with the Administrative Law Court and the State Board of Education notice of appeal. The State Board of Education shall file a certified copy of the record with the Administrative Law Court in accordance with its rules of procedure. An appeal from the order of the Administrative Law Court must be taken in the manner provided by the South Carolina Appellate Court Rules.
HISTORY: 1962 Code Section 21-375.11; 1974 (58) 1928; 1999 Act No. 55, Section 52; 2006 Act No. 387, Section 43, eff July 1, 2006.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
Effect of Amendment
The 2006 amendment rewrote this section to provide for appeals to the Administrative Law Court and judicial review of the administrative law judge's decision.
Structure South Carolina Code of Laws
Section 59-25-10. Employment of teachers related to board members or serving as board members.
Section 59-25-20. Qualifications of teachers.
Section 59-25-30. Officials not permitted to designate place for teacher to board or live.
Section 59-25-40. Effective date of pay increase resulting from examination.
Section 59-25-45. Health and dental insurance.
Section 59-25-47. Unused leave payments authorized.
Section 59-25-50. Salary adjustments for certified instructional personnel of state agency.
Section 59-25-55. Expansion of number of high achieving minority students entering teaching.
Section 59-25-57. Salaries negotiable below schedule for non-TERI retired teachers; expiration.
Section 59-25-110. System for examination and certification of teachers.
Section 59-25-120. Examination on United States Constitution and loyalty.
Section 59-25-130. Record of teachers' certificates.
Section 59-25-140. Fee for duplicate certificate; use of resulting fund.
Section 59-25-150. Revocation or suspension of certificate.
Section 59-25-160. Revocation or suspension of certificate; "just cause" defined.
Section 59-25-180. Revocation or suspension of certificate; notice to district board of trustees.
Section 59-25-190. Revocation or suspension of certificate; effect; payment of salary.
Section 59-25-220. Revocation or suspension of certificate; depositions.
Section 59-25-230. Revocation or suspension of certificate; service of notices.
Section 59-25-240. Revocation or suspension of certificate; service of subpoenas; witness fees.
Section 59-25-260. Revocation or suspension of certificate; appeals.
Section 59-25-270. Revocation or suspension of certificate; reinstatements.
Section 59-25-280. Crimes warranting revocation; refusals to issue or nonrenewals of certificates.
Section 59-25-320. State and national criminal records check.
Section 59-25-330. Alternative route certification.
Section 59-25-340. Requirement of passing adopted pedagogy examination.
Section 59-25-360. Rights of persons hired.
Section 59-25-415. Rehiring priority for certified personnel dismissed for economic reasons.
Section 59-25-450. Suspension of teachers; reinstatement.
Section 59-25-460. Notice of dismissal; evidentiary hearings; costs.
Section 59-25-480. Appeals; costs and damages.
Section 59-25-490. Depositions.
Section 59-25-500. Service of subpoenas; witness fees.
Section 59-25-510. Service of notices.
Section 59-25-520. Powers and duties of court of common pleas; warrant for production of witnesses.
Section 59-25-530. Unprofessional conduct; breach of contract.
Section 59-25-710. Teacher discriminated against in fixing salary may file complaint.
Section 59-25-720. Complaint filed with county board.
Section 59-25-730. Hearing on complaint.
Section 59-25-740. Process and procedure shall be summary and simple.
Section 59-25-750. Service of subpoenas; witness fees.
Section 59-25-760. Service of notices.
Section 59-25-770. Powers and duties of court of common pleas; warrant for production of witnesses.
Section 59-25-780. Hearing; decision.
Section 59-25-790. Basis of decision.
Section 59-25-800. Reclassification of all teachers in district.
Section 59-25-810. Appeal to State Board of Education.
Section 59-25-820. Reclassification on order of State Board of Education.
Section 59-25-840. Filing of unappealed decision; enforcement.
Section 59-25-850. Compensation received prior to filing of complaint not affected.