S 632 Session 109 (1991-1992)
S 0632 General Bill, By Giese, Bryan, F. Gilbert, J.C. Hayes, C.T. Hinson,
Leatherman, S.S. Martschink, Peeler, M.T. Rose, Setzler, J.V. Smith, N.W. Smith and
Wilson
A Bill to amend Chapter 137 of Title 59, Code of Laws of South Carolina, 1976,
relating to early intervention programs for preschool-age handicapped
children, so as to further provide for these programs; to amend Section
59-63-20, as amended, 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 handicapped children are eligible to participate in any preschool
handicapped program rather than just in early intervention programs, and to
amend Section 59-20-40, as amended, relating to the South Carolina Education
Finance Act and the determination of annual allocations and weightings, so as
to provide for certain additional weightings in regard to preschool
handicapped pupils.
02/12/91 Senate Introduced and read first time SJ-8
02/12/91 Senate Referred to Committee on Education SJ-8
A BILL
TO AMEND CHAPTER 137 OF TITLE 59, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO EARLY
INTERVENTION PROGRAMS FOR PRESCHOOL-AGE
HANDICAPPED CHILDREN, SO AS TO FURTHER PROVIDE FOR
THESE PROGRAMS; TO AMEND SECTION 59-63-20, AS
AMENDED, 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
HANDICAPPED CHILDREN ARE ELIGIBLE TO PARTICIPATE IN
ANY PRESCHOOL HANDICAPPED PROGRAM RATHER THAN
JUST IN EARLY INTERVENTION PROGRAMS, AND TO AMEND
SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH
CAROLINA EDUCATION FINANCE ACT AND THE
DETERMINATION OF ANNUAL ALLOCATIONS AND
WEIGHTINGS, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL
WEIGHTINGS IN REGARD TO PRESCHOOL HANDICAPPED
PUPILS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly recognizes that it has long been
the public policy of this State to provide free appropriate public
education for school-age handicapped children.
Further, the General Assembly recognizes that there is an urgent and
substantial need to enhance the development of young handicapped
children and to minimize their potential for developmental delay; to
reduce the educational costs to society, including this State's schools, by
minimizing the need for special education and related services after
preschoolers reach school age; to minimize the likelihood of
institutionalization of handicapped individuals and maximize the
potential for independent living; and to enhance the capacity of families
to meet the special needs of their young children.
The General Assembly finds it necessary and proper to provide a
comprehensive statewide coordinated system of special education and
related services to all handicapped children ages three, four, and five.
The purpose of this act is to provide for the mandatory establishment of
special education and related services for preschool handicapped
children at age three, to accord them the rights and protections held by
school-age handicapped children under state and federal law.
SECTION 2. Chapter 137 of Title 59 of the 1976 Code is amended to
read:
"CHAPTER 137
Preschool Handicapped Programs
Section 59-137-10. As used in this chapter:
(1) `Preschool handicapped program' means the specialized
education and related services provided in accordance with Public Law
94-142, as amended.
(2) `Preschool 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 special education
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 participation. Eligibility criteria shall
provide for children with significant deficits in cognitive ability,
language ability, motor ability, perceptual ability, social or emotional
maturity, visual ability, hearing ability, orthopedic functioning, speech
or language ability, and other health impairments.
Section 59-137-20. The State Board of Education and the State
Department of Education are responsible for assuring that the
requirements of Public Law 94-142, as amended, are carried out and that
all public educational programs for handicapped children within the
State, including all these programs administered by any other state or
local agency, are under the general supervision of the persons
responsible for educational programs for handicapped children in the
State Department of Education and meet the standards of the State Board
of Education. This section must not 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 public education to be
provided the state's handicapped children.
Section 59-137-30. The State Board of Education shall establish a
program of specialized education for all preschool handicapped children
in this State, as defined in this chapter, utilizing the personnel and
facilities of, and administered by, the State Department of Education
under the direction of the State Superintendent of Education and shall
prescribe standards and approve the procedures under which the
facilities are furnished and the services provided. The Department of
Education shall employ a full-time consultant in preschool handicapped
education. The board shall establish evaluation and placement
procedures for handicapped students who participate in the programs
established under this chapter and shall determine certification
requirements for teachers in these programs.
Section 59-137-40. The board of trustees of each school district shall
establish preschool handicapped programs for all preschool handicapped
children residing in the district. Districts may contract with other
districts or agencies, public or private, which maintain approved special
education programs in order to facilitate the implementation of this
responsibility. Each district shall provide transportation for all children
enrolled in preschool handicapped programs who request transportation,
and regulations of the State Board of Education governing the operation
of school buses shall apply.
Preschool handicapped children meeting the criteria for inclusion are
eligible for enrollment in special education programs upon their third
birthday.
Section 59-137-50. No provision of this chapter may be construed to
limit the responsibility of state agencies currently providing services to
preschool handicapped children or their families.
Section 59-137-60. (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
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 handicapped children.
(B) The state agencies with responsibility under subsection (A)
are 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, and the State Department of Education.
(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 handicapped
children."
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
handicapped children may participate in early intervention
programs, in accordance with their individual education
program, are eligible to participate in any public education preschool
handicapped program."
SECTION 4. The first paragraph of Section 59-20-40(1)(c) of the 1976
Code is amended to read:
"Weightings, used to provide for relative cost differences,
between programs for different students are established in order that
funds may be equitably distributed on the basis of pupil needs. The
criteria for qualifications for each special classification must be
established by the State Board of Education according to definitions
established in this article and in accordance with Sections 59-21-510,
59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this
section must be used to fund programs approved by the State Board of
Education. Pupil data received by the Department of Education is
subject to audit by the department. Cost factors or weightings are as
follows:
Pupil Classification Weightings
(1) Kindergarten pupils 1.30
(2) Primary pupils (grades 1
through 3) 1.24
(3) Elementary pupils (grades 4
through 8) --base students 1.00
(4) High school pupils (grades 9
through 12) 1.25
Special Programs for Exceptional
Students Weightings (5) Handicapped 1.74
a. Educable mentally handicapped
pupils
b. Learning disabilities pupils
(6) Handicapped2.04
a. Trainable mentally handicapped
pupils
b. Emotionally handicapped pupils
c. Orthopedically handicapped pupils
(7) Handicapped2.57
a. Visually handicapped pupils
b. Hearing handicapped pupils
(8) Preschool handicapped pupils
(a) Self-contained 0.99
(b) Itinerant 1.17
(c) Homebased 1.42
(d) Speech 0.27
For those children who are classified as Itinerant
or Speech and are also served in a kindergarten setting, the preschool
handicapped pupils weighting is an add on to the kindergarten
weighting.
(8)(9) Speech handicapped pupils 1.90
(9)(10) Homebound pupils 2.10
Vocational Technical Programs Weightings (10)(11) Pre-vocational 1.20 (11)(12) Vocational 1.29
Add-on Weights for Compensatory and
Remediation Weightings (12)(13) Grades 1-6
Compensatory 0.39 (13)(14) Grades 2-6 Remediation 0.10 (14)(15) Grades 7-12 Remediation 0.12 Adult Education
(15)(16) Adult education 0.15."
SECTION 5. The provisions of this act must be implemented
beginning with the 1991-92 school year.
SECTION 6. This act takes effect upon approval by the Governor.
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