Current Status Bill Number:3070 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Davenport All Sponsors:Davenport Drafted Document Number:PFM\7026BDW.95 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Disabled students, inclusion of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 21 HEPW
referred to Committee
House 19941214 Prefiled, referred to Committee 21 HEPW
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-33-115 SO AS TO PROHIBIT THE INCLUSION OF STUDENTS WITH DISABILITIES IN TRADITIONAL PUBLIC SCHOOL CLASSROOMS UNLESS MANDATED, PROVIDE REQUIREMENTS FOR INCLUSION, AND DEFINE TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-33-115. (A) Unless mandated by federal court or a federal agency pursuant to federal law, inclusion is prohibited in the classrooms of the public schools of this State.
(B) If inclusion is mandated, it must not be implemented until:
(1) All school personnel are trained to teach and medically care for each student's unique needs. As used in this section, `school personnel' includes, but is not limited to, teachers, counselors, nurses, bus drivers, and teachers' aides.
(2) The classrooms are staffed on a ratio basis determined by the number of children and the unique medical and educational needs of the children in the classroom.
(3) Full federal funding is budgeted and available for implementation of an inclusion plan.
(4) Guidelines for implementation of an inclusion plan for school districts are approved by the General Assembly by concurrent resolution. The guidelines must be prepared by the State Department of Education in consultation and agreement with local school boards determined by the unique needs of each district and the children in the district.
(C) As used in this section, `inclusion' means the process by which students with disabilities are included in traditional public school classrooms with other students. A disabled student is included only when it is in the student's best interest and only when it is appropriate, as determined by the appropriate individualized educational program committee. `Students with disabilities' include students who are mentally or physically impaired."
SECTION 2. This act takes effect upon approval by the Governor.