(A) A member of the South Carolina Public Charter School District or of the governing board or sponsor of the charter school who is indicted in any court for any crime, or has waived the indictment if permitted by law, may be suspended by the Governor, who shall appoint another in his stead until he is acquitted. In case of conviction, the office must be declared vacant by the Governor and the vacancy filled as provided by law.
(B) Notwithstanding another provision of law to the contrary, members of a charter school board of directors who wilfully commit or engage in an act of malfeasance, misfeasance, absenteeism, conflicts of interest, misconduct, or persistent neglect of duty in office, or are deemed incompetent or incapacitated, may be removed from office by the Governor upon any of the forgoing causes being made to the satisfaction of the Governor. Before removing the officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard. Vacancies occurring in the membership of any board of directors as a result of removal pursuant to this subsection must be filled in the manner provided in the charter school's bylaws.
(C) Whenever it appears to the satisfaction of the Governor that probable cause exists to charge a member of the South Carolina Public Charter School District or of the governing board of the charter school who has the custody of public or trust funds with embezzlement or the appropriation of public or trust funds to private use, then the Governor shall direct his immediate prosecution by the proper officer.
HISTORY: 2006 Act No. 274, Section 1, eff May 3, 2006; 2021 Act No. 32 (S.607), Section 1, eff May 6, 2021.
Effect of Amendment
2021 Act No. 32, Section 1, rewrote (B).
Structure South Carolina Code of Laws
Section 59-40-10. Short title.
Section 59-40-30. Intent of General Assembly.
Section 59-40-40. Definitions.
Section 59-40-55. Sponsor powers and duties; retention of funds.
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 59-40-111. 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 59-40-210. 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.