1976 South Carolina Code of Laws
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Updated through the end of the 2002 Session

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Title 59 - Education

CHAPTER 137.

EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN

SECTION 59-137-10. Definitions.

As used in this chapter:

(1) "Early intervention program" means the specialized education and related services provided in accordance with Public Law 94-142, as amended.

(2) "Preschool-age handicapped children" means all those children ages three, four, and five whose developmental progress substantially deviates from the norm to the extent that a program of early intervention is required to ensure their adequate preparation for school-age experiences, including those children who meet the State Board of Education's eligibility criteria for conditions of developmental delay, trainable mental handicap, profound mental handicap, visual handicap, hearing handicap, orthopedic handicap, other health impaired, and speech/language handicaps.

(3) "Developmental delay" means a significant deficit in the area of cognitive ability, language ability, motor ability, perceptual ability, or social/emotional maturity and is a handicapping condition if diagnosed as meeting the State Board of Education's eligibility criteria.

SECTION 59-137-20. Statewide comprehensive system to be established; interagency agreements; standards and procedures for facilities and services.

The State Board of Education shall establish a statewide comprehensive system to deliver special education and related services, including parent counseling and training to all preschool-age handicapped children in this State. The system must be planned, developed, and administered by, the State Department of Education under the direction of the State Superintendent of Education. The State Board of Education shall set forth policies and procedures for developing and implementing interagency agreements between the State Department and other appropriate state and local agencies to:

(a) define the financial responsibility of each agency for providing handicapped children and youth with free appropriate education;

(b) resolve interagency disputes including procedures under which local school districts may initiate proceedings under the agreement in order to secure reimbursement from other agencies or otherwise implement the provisions of the agreement, and

(c) ensure a smooth transition of children receiving services pursuant to Part H of P.L. 99-457 to the special education and related services authorized by this chapter.

The State Board of Education shall prescribe standards and approve the procedures under which facilities are furnished and services provided. The board shall establish evaluation and placement procedures for handicapped students who participate in the programs established under this chapter and determine certification and training requirements for teachers, other professionals, and paraprofessionals in these programs.

SECTION 59-137-30. Early intervention program.

The board of trustees in each school district shall establish an early intervention program for preschool-age handicapped children who are legal residents of the district. Districts may contract with other districts or agencies, public or private, which maintain approved special education programs or provide approved related services in order to facilitate the implementation of this responsibility. Each district shall provide transportation for all children enrolled in early intervention programs who request the transportation, and regulations of the State Board of Education governing the operation of school buses shall apply.

SECTION 59-137-40. Limitations on applicability of chapter.

No provision of this chapter may be construed to limit the responsibility of state agencies currently providing services to preschool-age handicapped children or their families.

SECTION 59-137-50. Certain agencies required to present plan to Interagency Coordinating Council for Early Childhood Development and Education.

(A) Annually by January first each state agency named in subsection (B) shall present to the Interagency Coordinating Council for Early Childhood Development and Education an approvable plan which:

(1) describes the agency's specific services to preschool-age handicapped children and their families;

(2) supplements the special education and related services provided under this chapter;

(3) defines the maintenance or increase of fiscal effort to this segment of the state's population;

(4) sets forth the policies and procedures for communicating and cooperating with local school districts in the planning and provision of programs for preschool-age handicapped children.

(B) The state agencies with responsibility under subsection (A) are the Department of Disabilities and Special Needs, the School for the Deaf and the Blind, the Commission for the Blind, the Department of Health and Environmental Control, the Department of Mental Health, and the State Department of Social Services.

(C) The Interagency Coordinating Council for Early Childhood Development and Education shall submit annually by February first a report to the Joint Legislative Committee on Children, the Senate Education Committee, and the House Education and Public Works Committee summarizing services provided for preschool-age handicapped children.

(D) The Joint Legislative Committee on Children shall receive timely reports from all agencies involved in the implementation of programs for handicapped infants, toddlers, and preschool children developed pursuant to P.L. 99-457 and shall provide consultation and guidance if necessary.

SECTION 59-137-60. [1989 Act No. 189, Part II, Section 52A] Repealed by 1990 Act No. 322, Section 7, eff February 20, 1990.

SECTION 59-137-70. [1989 Act No. 189, Part II, Section 52A] Repealed by 1990 Act No. 322, Section 7, eff February 20, 1990.





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