Aiken County Board of Education v. Knotts

Rhodes, Justice:

This action was commenced by the Aiken County Board of Education (Board) against the Aiken County Legislative Delegation (Legislative Delegation) seeking declaratory relief from alleged unconstitutional portions of Section 21-1038.6, South Carolina Code (1962) 1 asserted to be viola-tive of the separation of powers provision (Article I, Section 8) of the South Carolina Constitution. We reverse the order of the lower court denying such relief.

Pursuant to Section 21-1038.6, as amended, the Board is granted executive, financial, and administrative control of the public schools…