High court finds
school financing plan legal
Associated
Press
GREENVILLE, S.C. - The state Supreme Court has
ruled a financing plan used by some districts to build schools after
voters reject bond referendums is legal.
The Colleton County School District, which defended the plan
passed earlier this year in court, transferred ownership of the
schools it needed built or renovated to the South Carolina
Association of Governmental Organizations, which created a
corporation to fund the construction and issued bonds.
The district then bought the land back by making annual
payments.
Greenville County schools and other smaller districts have used
similar plans to build schools at a faster pace or get new
facilities after voters reject bond referendums.
Colleton County Taxpayers Association, the South Carolina Public
Interest Foundation and others had sued, saying the deal violated
the state's constitutional limit on the amount of debt a district
can incur.
But Monday, the state Supreme Court ruled the plan doesn't meet
the current law's definition of a financing agreement, according to
a decision written by Chief Justice Jean Toal.
Lawmakers have passed legislation that includes
installment-purchase plans like the one in Colleton County in a law
limiting school district debt. That will make the practice illegal
starting Jan. 1, but school districts that have a plan in place
before then can use the process.
Under the state's Constitution, school systems may not enter into
financing agreements without voter approval if the agreements and
the current system's debt exceed 8 percent of the assessed value of
taxable property in the district.
Pickens County School District also has used a similar system to
finance new schools.
"I am so happy for the community that the Supreme Court has
issued a favorable ruling," School Board Chairwoman Shirley Jones
said. "The district can now proceed in good faith to provide
much-needed facilities for the children, the teachers and the
community."
Alex Saitta, a Pickens County School Board member who opposed his
district's plan, said he was disappointed with the ruling.
"By using the dummy corporation, the lawyers cooked up a legal
scheme to circumvent the Constitution and take away the citizens'
right to vote on all this borrowing," he said. "Despite the ruling,
this scheme is still wrong and that's why the Legislature outlawed
it as of Jan.
1." |