Charleston County School District v. Harrell

*555Justice HEARN.

Charleston County School District (School District) appeals from the circuit court’s order granting a Rule 12(b)(6), SCRCP, motion to dismiss its complaint alleging the unconstitutionality of Act. No. 189 of 2005 (Act 189), as well as its decision to dismiss the Governor as a party to this action.1 Although we affirm the circuit court’s dismissal of the Governor, we find School District’s complaint sufficiently states a cause of action that Act 189 is unconstitutional. We therefore affirm in part, reverse in part, and remand.

FACTUAL/PROCEDURAL BACKGROUND

South Carolina adopted a…