South Carolina General Assembly
124th Session, 2021-2022

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Indicates New Matter

S. 578

STATUS INFORMATION

General Bill
Sponsors: Senator Gambrell
Document Path: l:\council\bills\rt\17978wab21.docx
Companion/Similar bill(s): 3868

Introduced in the Senate on February 17, 2021
Currently residing in the Senate Committee on Education

Summary: Mandatory mediation for school board disputes

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/17/2021  Senate  Introduced and read first time (Senate Journal-page 11)
   2/17/2021  Senate  Referred to Committee on Education 
                        (Senate Journal-page 11)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/17/2021

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-105 SO AS TO PROVIDE SCHOOL BOARD TRUSTEES SHALL ATTEMPT MEDIATION OF DISPUTES AMONG BOARD MEMBERS OR WITH THE BOARD ITSELF BEFORE INITIATING LITIGATION TO RESOLVE SUCH DISPUTES, TO PROVIDE REQUIREMENTS FOR MEDIATION AND LITIGATION, AND TO PROVIDE MEDIATION COSTS MUST BE PAID BY BOARD MEMBERS IN THEIR PERSONAL CAPACITY AND NOT CORPORATELY BY LOCAL SCHOOL BOARDS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 19, Title 59 of the 1976 Code is amended by adding:

    "Section 59-19-105.    (A)    A member of a local school district board of trustees may not initiate a lawsuit against the board or another individual member of it unless the parties unsuccessfully attempted to mediate the dispute as provided in this section.

    (B)    In attempting to resolve a dispute between or among board members or against the board itself, the parties first shall enter into nonbinding mediation with a mediator certified by the South Carolina Supreme Court Board of Arbitrator and Mediator Certification. If the mediation fails to successfully resolve the dispute, the parties shall provide notice of the unsuccessful resolution attempt and copies of the mediator's report to their legislative delegation and the State Superintendent of Education before any of the parties may initiate a lawsuit on an issue that the mediation unsuccessfully attempted to resolve.

    (C)    All costs associated with the mediation must be paid by board members in their personal capacity and not corporately by the local school board."

SECTION    2.    This act takes effect upon approval of the Governor.

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This web page was last updated on February 18, 2021 at 9:34 AM