Toney v. South Carolina Department of Education

ON PETITION FOR REHEARING

Sanders, Chief Judge:

The Department of Education has petitioned for a rehearing on the ground that Nance v. State Board of Education, 277 S. C. 64, 282 S. E. (2d) 848 (1981), is inapplicable to this case. Since Nance was raised for the first time in our opinion rather than in the briefs of the parties, we consider it appropriate to address separately the Department’s objection to Nance.

The Department takes the position that Nance is not applicable because it was decided under an earlier version of section 1(b) of the statute. That former version provided liability…