Beaufort County Board of Education v. Lighthouse Charter School Committee

Justice MOORE:

This appeal is from an order striking down as unconstitutional the racial composition requirement of S.C.Code Ann. § 59-40-50(B)(6) (Supp.2001), originally enacted as part of the Charter Schools Act of 1996, and finding it unseverable from the remainder of the Act. Because the legislature has substantially amended this provision, we vacate the order of the circuit court.

FACTS

In 1996, appellanf/respondent Lighthouse Charter School Committee (Lighthouse) submitted to respondent/appellant (Board) an application for a local charter school on Hilton Head Island. The Board denied the…