S 364 Session 111 (1995-1996)
S 0364 General Bill, By Bryan, Elliott, Peeler and Washington
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
59-33-120 through 59-33-200 so as to require an extended school year program
for children with disabilities to be established in each school district,
define terms, and provide for purposes, screening, qualification, development
of an addendum to the individualized educational plan, review by the
multidisciplinary evaluation team, responsibilities for Department of
Education, refusal to participate, and transportation.
01/17/95 Senate Introduced and read first time SJ-10
01/17/95 Senate Referred to Committee on Education SJ-10
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTIONS 59-33-120 THROUGH 59-33-200
SO AS TO REQUIRE AN EXTENDED SCHOOL YEAR
PROGRAM FOR CHILDREN WITH DISABILITIES TO BE
ESTABLISHED IN EACH SCHOOL DISTRICT, DEFINE
TERMS, AND PROVIDE FOR PURPOSES, SCREENING,
QUALIFICATION, DEVELOPMENT OF AN ADDENDUM TO
THE INDIVIDUALIZED EDUCATIONAL PLAN, REVIEW BY
THE MULTIDISCIPLINARY EVALUATION TEAM,
RESPONSIBILITIES FOR DEPARTMENT OF EDUCATION,
REFUSAL TO PARTICIPATE, AND TRANSPORTATION.
Whereas, extended school year programs for children with
disabilities were required to be established in certain school districts
in South Carolina pursuant to a temporary proviso in the 1990-91
General Appropriations Act; and
Whereas, the State Department of Education, through Programs for
the Handicapped, developed procedures for the placement of
children with disabilities in the extended school year programs in
the participating school districts of Beaufort, Cherokee, and
Chesterfield; and
Whereas, over twelve hundred students with disabilities have been
served by the Department of Education since completion of the
two-year pilot project; and
Whereas, the General Assembly finds that it is necessary and proper
that extended school year programs be offered in each school
district in South Carolina to provide an appropriate education for
children with disabilities; and
Whereas, the extended school year program is designed for the
purpose of maintaining each student's mastered competencies in
critical skill areas so a summer break period will not render the
previous year's program of no meaningful educational benefit; and
Whereas, the General Assembly intends that funding for
implementation of extended school year programs be based on
resources it makes available to the school districts. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-33-120. (A) An extended school year
program for children with disabilities must be established in each
school district to meet the unique needs of special education
students.
(B) As used in this section and Sections 59-33-130 through
59-33-200:
(1) Communication is the ability to receive, understand,
organize, and express language.
(2) Critical skills areas include, but are not limited to,
personal hygiene and grooming, living independently, vocational
experience, functional academics, communication, motor
development, and social behavior.
(3) Extended school year is an individualized instructional
program or related service, or both, which is extended beyond the
regular one hundred eighty day school year for students with
disabilities who are enrolled in special education. The provision of
extended school year services is based on the individual educational
plan requirements of Public Law 94-142, subsequent amendments,
and Section 504 of the 1973 Vocational Rehabilitation Act and is
determined on a case by case basis.
(4) Mastery is the successful demonstration of an acquired
skill at the designated level of proficiency specified in the
evaluation criteria defined for that skill in the student's individual
educational plan.
(5) Motor development is the ability of a child to control his
bodily movements. This includes gross motor, fine motor, and
mobility.
(6) Regression is the loss, as a result of a scheduled break in
instruction, of one or more mastered skills specified in the short
term objectives of the student's individual educational plan.
(7) Social behavior is both interpersonal and intrapersonal
skills that enable students to interact effectively with others and to
achieve personal satisfaction. This includes, but is not limited to,
capacity to relate to others, impulse and attention control,
self-concept, and anger management.
Section 59-33-130. (A) The purpose of extended school year
services is to ensure that the child derives meaningful educational
benefit or to forestall serious regression of previously learned skills,
or both. The extended school year program is designed to maintain
each student's mastered competencies in critical skills areas as
determined by the pupil's individual educational plan committee so
that a summer break period will not render the previous year's
program of no meaningful educational benefit. Extended school
year services necessarily do not mean twelve months services but
only those extended services required to enable the child to derive a
meaningful educational benefit from his program. Failure to
maintain acquired skills as a result of an extended interruption of
special education or related services to the extent that a period of
nine weeks of instruction is required to regain previous competence
will be considered evidence of the need for extended school year
services.
(B) The extended school year is not:
(1) a mandated twelve-month school program for all children
with disabilities;
(2) required to be provided just because children with
disabilities could benefit from it;
(3) required in order that child care be available for children
with disabilities during the summer;
(4) required in order to maximize the educational
opportunities for children with disabilities;
(5) necessarily a continuation of the instructional program
provided during the regular school year;
(6) required to be provided all day, every day, nor each day
during the week or month;
(7) necessarily a traditional teacher/classroom/child model.
Section 59-33-140. (A) All children with disabilities must be
screened for potential eligibility for extended school year services.
The decision as to which children qualify for the services and the
amount and kind of programming needed must be determined on an
individual basis.
(B) Referrals for review and determination of eligibility for
extended school year services must follow these procedures:
(1) review all individual educational plans by special
education and related services staff and document screening results;
(2) consider referrals made by parents, school staff,
advocates, or outside agencies;
(3) refer potentially eligible extended school year students to
multidisciplinary evaluation team with documented reasons for
referral.
Section 59-33-150. The student's individual educational plan
committee must include all the required members. The parents
must be invited to attend this meeting. The district shall ensure that
a member of the multidisciplinary team is present to explain the
results of the evaluation for potential extended school year services.
During the individual educational plan meeting, the individual
educational plan committee shall review the multidisciplinary team's
recommendation and relevant information and determine
appropriateness of extended school year program services.
Section 59-33-160. The individual educational plan committee
shall develop an addendum to the individual educational plan which
specifies extended school year services. The extended school year
individual educational plan addendum must include the following:
(1) short-term objectives from the student's current individual
educational plan which will be continued during the extension of
the school year;
(2) type of special education services to be provided, location
where these services will be delivered, amount of time to be spent
in special education, and projected beginning and ending dates of
the extended services;
(3) type of related services to be provided, if any, location
where these services will be delivered, amount of time to be spent
in related services, and projected beginning and ending dates of the
extended services;
(4) transportation, if necessary.
Section 59-33-170. (A) Members of the multidisciplinary
evaluation team must include, but are not limited to, the student's
special education teacher, related services providers, the school
psychologist, the local education authority representative, and others
at the discretion of the district.
(B) The multidisciplinary evaluation team shall review
appropriate data related to progress toward identified critical goals
and objectives which may include, but are not limited to:
(1) current and previous individual educational plans;
(2) checklists and curricula showing when skills were
mastered;
(3) attendance information;
(4) recommendations from professionals;
(5) behavioral logs;
(6) video and audio tape information;
(7) parent interview;
(8) other assessment data.
(C) The multidisciplinary evaluation team shall assess the
student's progress to determine whether the extended break has
caused or may cause the loss of progress toward critical skills and
objectives.
(D) The multidisciplinary evaluation team shall forward written
recommendations, with a copy of the current individual educational
plan, to the designated district administrator.
Section 59-33-180. The Department of Education may develop
necessary internal procedures and forms for the implementation of
the extended school year program in each district. These
procedures must include, but are not limited to, the specific
responsibilities of teachers, principals, district personnel, and state
department staff.
Section 59-33-190. A parent or guardian may refuse to allow his
child to participate in the extended school year program without the
need for a due process hearing.
Section 59-33-200. Transportation, if necessary, to and from
extended school year services must be provided at no cost to
participants."
SECTION 2. This act takes effect upon approval by the
Governor.
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