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WASHINGTON v. SALISBURY

21972

279 S.C. 306 (1983)

306 S.E.2d 600

Patricia WASHINGTON, By and Through her Mother and Next Friend, Rosa Lee WASHINGTON, Individually and in behalf of all others similarly situated, and Robert Blake, by and through his Mother and Next Friend, Sadie Bell Blake, Individually and in behalf of all others similarly situated, Respondents, v. Robert G. SALISBURY, in his official capacity as Superintendent of the Beaufort County Schools; Maurice Waddell, in his official capacity as Principal of Beaufort High School; James Rogers, in his official capacity as Principal of Battery Creek High School; and Ramon Combs, Jr., Curt Copeland, Dorothy P. Gnann, Joseph List, John T. Miller, Frieda Mitchell, John C. Rogers, Lee Shaffer and Agnes Sherman, in their official capacities as members of the Board of Education of the Beaufort County School District, Appellants.

Supreme Court of South Carolina.

August 10, 1983.

Attorney(s) appearing for the Case

Levin, Sams & Davis, Beaufort, for appellants.

Richard J. Whitaker, Neighborhood Legal Assistance Program, Inc., Beaufort, for respondents.

J. Emory Smith, Jr., Columbia, amicus curiae.

Aug. 10, 1983.

LEWIS, Chief Justice:

The question for decision is whether the charge of a tuition fee for attendance at a public summer school session in Beaufort County, South Carolina, violates either the South Carolina Constitutional mandate for a system of free public schools, or the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution.

A summer school...

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