Q: When is a board able to conduct business?

A: –When a quorum is present (the majority of the board is present) in a public space that was announced with an agenda in accordance with FOIA.

Per SC FOIA:  No chance meeting, social meeting, or electronic communication may be used in circumvention of the spirit of requirements of this chapter to act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power. 

Translation: Do not conduct discussions over email or on the phone.

Board members can all be at a school function, but may not conduct business or discuss any board related matters.

SC Freedom of Information Act:  http://www.scstatehouse.gov/code/t30c004.php

Q: Do subcommittees need to follow SC Freedom of Information Laws (FOIA)?

A: Yes: per FOIA:

Subcommittees, other than legislative subcommittees, of committees required to give notice under subsection (a), must make reasonable and timely efforts to give notice of their meetings.

SC Freedom of Information Act:  http://www.scstatehouse.gov/code/t30c004.php

Q: Are charter schools required to have School Improvement Councils (SICs)?

A: No, there is no requirement for charter schools to have a SIC. The Governing Board could serve in that capacity if needed.

Q: Can a charter school employee serve on its own governing board?

A: No, they cannot. Per section 59-40-190 of SC Charter School Law, section (D) states that "A member of a school governing body may not receive pay as an employee in the same school."


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