State ex rel. School District v. Rice

Citations

• 32 S.C. 97
• 10 S.E. 833
• 1890 S.C. LEXIS 15

Syllabus

<p>1. The law fixes a school month, and declares this to be the unit of computation, and directs an apportionment of the school fund among the several school districts in proportion to the average attendance for the last preceding year. It further requires the State superintendent of education to prescribe regulations necessary for this purpose. Held, that the duty thus imposed upon this officer required discretion and judgment, and he, having prescribed regulations, could not be compelled by mandamus to change them.</p> <p>2. The law having fixed a school month, but not a school year, there does not seem to be any error on the part of the superintendent of education in fixing the number of months a school may be in session as a school year, even -though the length of session is not the same in the several school districts.</p> <p>3. In view of the fact, that the fund raised under the constitutional two mill tax is insufficient to keep the public schools open for six months, it is doubtful whether the provision in article X., section 3, requiring the public schools to be kept open for at least six months in each year, has any application to this fund.</p>