South Carolina Code of Laws
Chapter 40 - Charter Schools
Section 59-40-190. Liability of governing body, sponsor, board and employees; employment of governing body member.

(A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.
(B) A sponsor is not liable for any of the debts of the charter school.
(C) A local school district, sponsor, members of the board or area commission of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose.
(D) A member of a school governing body may not receive pay as an employee in the same school.
HISTORY: 1996 Act No. 447, Section 2; 2002 Act No. 341, Section 1; 2006 Act No. 274, Section 1, eff May 3, 2006; 2012 Act No. 164, Section 12, eff May 14, 2012.
Effect of Amendment
The 2006 amendment added subsection (D) relating to employment of a member of the governing body.
The 2012 amendment inserted "local school district," and "or area commission" in subsection (C).

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 59 - Education

Chapter 40 - Charter Schools

Section 59-40-10. Short title.

Section 59-40-20. Purpose.

Section 59-40-30. Intent of General Assembly.

Section 59-40-40. Definitions.

Section 59-40-50. Exemption; powers and duties; admissions; composition; purposes; governance; transportation.

Section 59-40-55. Sponsor powers and duties; retention of funds.

Section 59-40-60. Charter application; revision; formation of charter school; charter committee; application requirements.

Section 59-40-65. Online or computer instruction; requirements; enrollment in South Carolina Virtual School Program.

Section 59-40-70. Application requirements and procedures.

Section 59-40-75. Removal of sponsor or member of district or governing board; prosecution.

Section 59-40-80. Conditional authorization of charter school.

Section 59-40-90. Appeal to Administrative Law Court.

Section 59-40-100. Conversion to charter school; employees; occupancy; sponsors; unlawful reprisals.

Section 59-40-110. Duration of charter; renewal; revocation; termination or nonrenewal; closure protocol.

Section 59-40-111. Alternative Education Campus.

Section 59-40-115. Termination of contract with sponsor.

Section 59-40-120. Dissolution of charter school.

Section 59-40-125. Eligibility for retirement coverage.

Section 59-40-130. Leave for employment at charter school; continuation of benefits; exceptions.

Section 59-40-140. Funds; services; reports.

Section 59-40-145. Students attending charter schools outside district of residence.

Section 59-40-150. Duties of Department of Education.

Section 59-40-155. Orientation programs for board members and administrators.

Section 59-40-160. Compilation of evaluations; impact study.

Section 59-40-170. Annual listing of buildings suitable for charter school use.

Section 59-40-175. Charter School Facility Revolving Loan Program.

Section 59-40-180. Regulations and guidelines.

Section 59-40-190. Liability of governing body, sponsor, board and employees; employment of governing body member.

Section 59-40-200. Effect of establishment of South Carolina Public Charter School District on pending and future applications.

Section 59-40-210. Conversion of private school to charter school.

Section 59-40-220. South Carolina Public Charter School District.

Section 59-40-230. Board of trustees; membership; powers and duties.

Section 59-40-235. Geographical boundaries.

Section 59-40-240. Severability.