South carolina motion to dismiss
The court held a hearing on the motion on April 21, 2022.ĮCF No. Responded in opposition on February 28, 2022, ECF No. On February 14, 2022, the District filed its motion to dismiss. On February 8, 2022, the District removed the action to this Injunctive relief, (7) equitable estoppel, and (8) violation of the South Carolina Payment Promissory estoppel, (4) violation of due process, (5) declaratory judgment relief, (6) Representative of a putative class of similarly-situated individuals in the Beaufort CountyĬourt of Common Pleas, alleging (1) breach of contract, (2) unlawful taking, (3) On December 8, 2021, Patel filed her complaint against the District as a Improperly allowed the Board to vote to pay $1,000 for dual-modality instruction, in
Patel is a teacher in the Beaufort County School District. Providing dual-modality instruction in the first semester of the 2021–22 school year. On September 7, 2021, the Beaufort County Board of Education (the “Board”)Īdopted a proposal to pay teachers $1,000, in addition to their regular salary, for at 38.Īccording to the complaint, each teacher’s employment contract, including plaintiffĪmanda Patel’s (“Patel”), provides that teachers are to be paid according to the Salary Paid at the rate of $27.87 per hour for this work.” ECF No. The scope of their normal work schedule at the request of the school or district will be Salary Schedule states that any teachers who “provided any instructional duties beyond Salary and Stipend Schedules for the 2021–22 school year (the “Salary Schedule”). On August 12, 2021, the District revised the Beaufort County School District Instruction, the school district must provide additional compensation to the teacher.” Id. School district determines it is necessary for a teacher to deliver dual-modality The section further provided that “n the event that a The complaint refers to the law as the “Dual Modality Law,” and the motion to To as ‘dual-modality instruction’, unless it is reasonable and necessary due to extreme and Instruction to students simultaneously in-person and virtually, an approach often referred Requirements, limitations,” prohibited school districts from assigning teachers “to deliver 704, titled “Duality-modality instruction
School district in the State return to five-day, in-person classroom instruction by no later South Carolina governor Henry McMaster signed Senate Bill 704 (“S. Providing dual modality instruction during the COVID-19 pandemic. This case concerns the alleged failure to pay teachers due compensation for Grants the motion to dismiss without prejudice. For the reasons set forth below, the court (the “District”) motion to dismiss, ECF No. This matter is before the court on defendant Beaufort County School District’s AMANDA PATEL, individually and on behalf )