S*461 Session 110 (1993-1994)
S*0461(Rat #0153, Act #0086) General Bill, By Giese, Bryan, Elliott, Ford,
Lander, Peeler, L.E. Richter, M.T. Rose, Ryberg, Setzler, Short, J.V. Smith and
Wilson
Similar(H 3841)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 36
to Title 59, so as to provide for early intervention programs for
preschool-age children with disabilities and to require the Joint Committee on
Formula Funding for Education to make recommendations regarding the
determination of annual allocations and weightings for certain additional
weightings; to add Section 59-33-110 so as to provide for a mediation process;
to amend Section 59-63-20, relating to pupils and age of attendance in the
public schools, so as to provide that three-year-old, four-year-old, and
five-year-old children with disabilities are eligible to participate in any
preschool program rather than just in early intervention programs.
02/24/93 Senate Introduced and read first time SJ-4
02/24/93 Senate Referred to Committee on Education SJ-4
03/25/93 Senate Committee report: Favorable with amendment
Education SJ-9
03/30/93 Senate Amended SJ-44
03/30/93 Senate Read second time SJ-49
03/31/93 Senate Read third time and sent to House SJ-9
04/01/93 House Introduced and read first time HJ-24
04/01/93 House Referred to Committee on Education and Public
Works HJ-24
05/05/93 House Committee report: Favorable with amendment
Education and Public Works HJ-9
05/19/93 House Debate adjourned until Thursday, May 20, 1993 HJ-67
05/20/93 House Amended HJ-21
05/20/93 House Read second time HJ-24
05/20/93 House Unanimous consent for third reading on next
legislative day HJ-24
05/21/93 House Read third time and returned to Senate with
amendments HJ-23
05/25/93 Senate Concurred in House amendment and enrolled SJ-26
06/10/93 Ratified R 153
06/15/93 Signed By Governor
06/15/93 Effective date Act No. 86
06/15/93 See act for exception to or explanation of
effective date
06/24/93 Copies available
(A86, R153, S461)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 59, SO AS
TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR
PRESCHOOL-AGE CHILDREN WITH DISABILITIES AND TO
REQUIRE THE JOINT COMMITTEE ON FORMULA FUNDING FOR
EDUCATION TO MAKE RECOMMENDATIONS REGARDING THE
DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS
FOR CERTAIN ADDITIONAL WEIGHTINGS; TO ADD SECTION
59-33-110 SO AS TO PROVIDE FOR A MEDIATION PROCESS; TO
AMEND SECTION 59-63-20, RELATING TO PUPILS AND AGE OF
ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE
THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND
FIVE-YEAR-OLD CHILDREN WITH DISABILITIES ARE ELIGIBLE
TO PARTICIPATE IN ANY PRESCHOOL PROGRAM RATHER THAN
JUST IN EARLY INTERVENTION PROGRAMS.
Whereas, the General Assembly recognizes that it has long been the public
policy of this State to provide free appropriate public education for
school-age children with disabilities; and
Whereas, the General Assembly recognizes that there is an urgent and
substantial need to enhance the development of young children with
disabilities, to minimize their potential for developmental delay and the
need for special education and related services after they reach school age,
to maximize the potential for independent living, and to enhance the
capacity of families to meet the special needs of their young children;
and
Whereas, the General Assembly finds it necessary and proper to provide a
comprehensive statewide coordinated system of special education and
related services to all children with disabilities ages three, four, and five;
and
Whereas, it is the intent of the General Assembly to provide for the
mandatory establishment of special education and related services for
preschool children with disabilities at age three and to accord them the
rights and protections held by school-age children with disabilities under
state and federal law. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Early intervention programs for certain handicapped children
SECTION 1. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 36
Preschool Programs
for Children with Disabilities
Section 59-36-10. As used in this chapter:
(1) `Preschool disabilities program' means the special education and
related services provided in accordance with Public Law 94-142, as
amended;
(2) `Preschool children with disabilities' means children ages three,
four, and five whose developmental progress is delayed to the extent that a
program of special education is required to ensure their adequate
preparation for school-age experiences. This includes four-year-old vision
and hearing-impaired children and five-year-old children with disabilities
previously included under Section 59-21-510. Eligibility must be
noncategorical and must provide for children who are experiencing
developmental delays in one or more of the following areas: cognitive
ability, social ability, emotional ability, perceptual ability, visual ability,
hearing ability, motor ability, speech-language ability, and other health
impairments.
(3) `State advisory council' means the state advisory council on the
Education of Children with Disabilities established in compliance with
Public Law 94-142, as amended. The advisory council must be expanded
to include permanent representation by state agencies listed in Section
59-36-20 that provide services for preschool children with disabilities, ages
birth through five, and the Chairperson of the Interagency Coordinating
Council (ICC) for P.L. 99-457. Additionally, a subcommittee of the
advisory council must be established to address educational programs and
services for preschool children with disabilities. The chairperson of the
ICC and the advisory council, or their designee; state agencies designated
from those listed in Section 59-36-20; at least two parents; one
representative from daycare programs; one representative from HeadStart;
and two local education agency representatives form the committee, all of
whom, with the exception of the Chair of the ICC, shall be selected by a
majority vote of the advisory council. A staff member from the Department
of Education will be assigned to provide assistance to the council and the
subcommittee as needed.
Section 59-36-20. The State Board of Education and the State
Department of Education are responsible for establishing a comprehensive
system of special education and related services and for ensuring that the
requirements of the Federal Individuals with Disabilities Education Act are
carried out. Other state agencies which provide services for children with
disabilities are directed to cooperate in the establishment and support of the
system. Agencies with responsibilities under this chapter include: the
Department of Mental Retardation, 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, the State
Department of Social Services, Continuum of Care, and the State
Department of Education.
All public education programs for children with disabilities within the
State, including all programs administered by any other state or local
agency, are under the general supervision of the persons responsible for
education programs for children with disabilities in the State Department of
Education and must meet the standards of the State Board of Education. No provision of this section or of this chapter may be construed to limit
the responsibilities of agencies other than the Department of Education
from providing or paying for some or all of the cost of services to be
provided the state's children with disabilities and the level of service must,
at a minimum, be similar to that provided individuals with similar needs. If
agencies are unable to agree on responsibilities for a particular child, the
issue must be decided by the Children's Case Resolution System, Section
20-7-5210, et seq.
Section 59-36-30. The state advisory council shall advise the
Department of Education and the State Board of Education in developing a
comprehensive service system for special education and related services to
preschool children with disabilities. The assistance includes, but is not
limited to:
(1) a comprehensive method of identifying children with
disabilities;
(2) a public awareness program focusing on identification of preschool
children with disabilities;
(3) a coordinated system of personnel development for those who serve
preschool children with disabilities;
(4) formal interagency agreements which:
(a) define the financial responsibility of each agency for providing
special education and related services;
(b) establish procedures for the transition of children served under
Title 44, Chapter 7; and
(c) contain procedures for resolving disputes.
Section 59-36-40. The State Board of Education, with input from the
state advisory council, shall establish policies, standards, and procedures
necessary to ensure that a free and appropriate education is available in the
least restrictive environment and that a smooth transition from early
intervention programs or initial entry into preschool programs occurs for
children with disabilities. The Department of Education shall employ at
least a full-time consultant in preschool education for children with
disabilities. The board shall establish evaluation and placement procedures
for students with disabilities who participate in the programs established
under this chapter and shall determine certification requirements for
teachers and appropriate credentials for all other personnel delivering
education or related services in these programs.
Section 59-36-50. The board of trustees of each school district shall
provide a free appropriate public education consistent with Part B of the
Individuals with Disabilities Education Act for all preschool children with
disabilities residing in the district. Working with other agencies, the
districts may enter into agreements with other districts or agencies, public
or private, which maintain approved special education programs or who
operate noneducational programs in which special education programming
or related services might be provided by the district. In order to facilitate
the implementation of this responsibility, each district shall arrange
transportation for all children enrolled in preschool programs for children
with disabilities who require transportation.
Beginning on their third birthday, preschool children with disabilities
meeting the placement criteria developed by the State Department of
Education must have available a special education program, including
related services, if needed. Local education agencies must evaluate a child
in accordance with criteria established by the Department of Education and
develop an individualized education program within timelines that allow
placement to occur on the third birthday. Evaluations conducted by other
professionals or agencies within the last six months may be accepted and
used in developing the initial individualized education program so as to
ensure a timely initiation of that program and to avoid overtesting of the
child. When children turn three between the ending date of one school year
and the beginning date of the subsequent school year, an evaluation must
be conducted and an individualized education program must be developed
within timelines that allow for placement to occur on the beginning date of
the subsequent school year. However, if the individualized education plan
team determines that there is a need for summer services, these services
may be provided before the beginning of the school year. School districts
must adhere to the policies and procedures established by the State
Department of Education to ensure a smooth transition from the early
intervention services provided to infants and toddlers under Section
44-7-2510, et seq. (BabyNet) to the district preschool program.
Early intervention service coordinators, parents of children with
disabilities who are ready to enter preschool programming, or
representatives of agencies or other entities providing services to a child
with disabilities must notify a school district at least fourteen calendar days
before a transition meeting. At least ninety days before the date on which a
child becomes eligible for the preschool program, school district personnel
must participate in a transition meeting requested by early intervention case
managers, or representatives of agencies or other entities providing services
to the child.
Section 59-36-60. No provision of this chapter may be construed to
limit the responsibility of state agencies currently providing services to
preschool children with disabilities or their families. Funds provided under
this statute shall not be used to supplant services previously provided by
other state or federal agencies.
Section 59-36-70. (A) With the assistance of staff provided by the
Department of Education, the state advisory council shall submit annually
by February first of each year a report to the Interagency Coordinating
Council on P.L. 99-457, the Joint Legislative Committee on Children, the
Senate Finance Committee, the House Ways and Means Committee, the
Senate Education Committee, and the House Education and Public Works
Committee, summarizing services provided for preschool children with
disabilities and their families. The report must include, but is not limited
to:
(1) State Department of Education initiatives relative to preschool
programs for children with disabilities;
(2) data and program information collected from the local education
agencies relative to the provision of special education and related services
and on its child find activities;
(3) financial information pertaining to the implementation of the
program;
(4) update on the policies and procedures governing the
implementation of preschool programs for children with disabilities,
including recommendations for improvement of the preschool program, if
needed;
(5) information provided by the state agencies designated in Section
59-36-20 to the advisory council by December first of each year in a report
which will include each agency's initiatives, data, financial information,
and pertinent policies and procedures relative to programs for preschool
children with disabilities, as well as recommendations for improving
services for these children.
(B) State agencies designated in Section 59-36-20 shall submit annually
by December first of each year a report to the advisory council on a form
provided by the council.
Section 59-36-80. The Committee to Study Formula Funding for
Educational Programs shall conduct a study of the costs of the program for
preschool children with disabilities and, if appropriate, recommend weights
to be included in the Education Finance Act, Section 59-20-40 and report to
the General Assembly no later than November 1, 1993.
Until the weightings for preschool children with disabilities are
developed and funded, four-year-old children with hearing or visual
disabilities and all five-year-old children with disabilities will continue to
be counted for funding purposes under the Education Finance Act.
Funding for all other preschool students with disabilities will be provided
for in the General Appropriations Act.
The General Assembly shall determine annually in the General
Appropriations Act the amount of funding necessary to carry out the
provisions of this chapter."
Mediation process
SECTION 2. The 1976 Code is amended by adding:
"Section 59-33-110. The State Board of Education shall establish
a mediation process as a part of the `due process' provision required in
accordance with Public Law 94-142. If all parties agree, mediation will be
used before any due process hearings required by Public Law 94-142 or at
any time during the due process procedures. During discussions of the
mediation process with parents, it must be clearly stated that the right of the
parents or the school district to due process is in no way compromised by
agreeing to mediation and that neither parents nor the school district are
bound by the outcomes of mediation. The mediation process must be
developed by July 1, 1994, and implemented during the 1994-95 school
year."
Participation in preschool programs
SECTION 3. Section 59-63-20(6) of the 1976 Code is amended to
read:
"(6) Four-year-olds may attend optional child development
programs and all three-year-old, four-year-old, and five-year-old children
with disabilities in accordance with their individual education program,
may participate in any public education preschool program, including
optional child development programs. Children with disabilities served in
four-year-old optional child development programs may be counted for
funding under both funding sources."
Time effective
SECTION 4. The provisions of Chapter 36 of Title 59 of the 1976 Code,
as added by this act, must be implemented beginning with the 1993-94
school year. The remaining provisions of this act take effect upon approval
by the Governor.
Approved the 15th day of June, 1993. |