Bill Text: SC H4587 | 2011-2012 | 119th General Assembly | Introduced
Bill Title: Superintendent of Education required to accept any federal funds
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Introduced - Dead) 2012-01-18 - Member [H4587 Detail]
Download: South_Carolina-2011-H4587-Introduced.html
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-35 SO AS TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION IS REQUIRED TO ACCEPT ANY FEDERAL FUNDS AVAILABLE TO SOUTH CAROLINA WHICH ARE DISTRIBUTED TO THIS STATE ON A NONMATCHING BASIS THROUGH HIS OFFICE OR THE STATE DEPARTMENT OF EDUCATION, TO PROVIDE THAT BEGINNING JULY 1, 2012, THE STATE SUPERINTENDENT OF EDUCATION IS REQUIRED TO NOTIFY EACH HOUSE OF THE GENERAL ASSEMBLY THROUGH THEIR PRESIDING OFFICERS, THE CHAIRMAN OF THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE, AND THE CHAIRMAN OF THE SENATE EDUCATION COMMITTEE OF THOSE FEDERAL FUNDING OPPORTUNITIES TO WHICH THIS SECTION APPLIES MADE AVAILABLE TO THE STATE SINCE HIS LAST REPORT, AND TO PROVIDE THAT ANY CITIZEN OF THIS STATE IS CONFERRED LEGAL STANDING TO BRING A WRIT OF MANDAMUS IN A COURT OF COMPETENT JURISDICTION TO COMPEL THE STATE SUPERINTENDENT OF EDUCATION TO COMPLY WITH THE PROVISIONS OF THIS SECTION, AND IF THAT CITIZEN IS DEEMED TO BE THE PREVAILING PARTY IN SUCH AN ACTION IS ALSO ENTITLED TO COSTS AND ATTORNEY FEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 59 of the 1976 Code is amended by adding:
"Section 59-3-35. (A) The State Superintendent of Education is required to accept any federal funds available to South Carolina which are distributed to this State on a nonmatching basis through his office or the State Department of Education.
(B) Beginning July 1, 2012, the State Superintendent of Education is required to notify each house of the General Assembly through their presiding officers, the Chairman of the House Education and Public Works Committee, and the Chairman of the Senate Education Committee of those federal funding opportunties to which subsection (A) of this section applies made available to the State since his last report.
(C) Any citizen of this State is conferred legal standing to bring a writ of mandamus in a court of competent jurisdiction to compel the State Superintendent of Education to comply with the provisions of this section, and if that citizen is deemed to be the prevailing party in such an action, is also entitled to costs and attorney fees."
SECTION 2. This act takes effect upon approval by the Governor.
