reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-70. Funding; article is supplementary.

The General Assembly shall appropriate funds to implement the provisions of this article with initial funding for planning and organizing to begin with the fiscal year 1972-1973. Costs for all programs for handicapped children shall be shared with the school districts on the same basis that education costs are currently provided for such children attending the public schools. The provisions of this article are supplementary to all existing programs for the education of handicapped children.
HISTORY: 1962 Code Section 21-295.16; 1972 (57) 2130.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-80. Legislative declaration of policy as to residential and nonresidential programs.

The General Assembly declares that the public policy of this State is to provide, when feasible, the resources, assistance, coordination, and support necessary to enable the handicapped person to receive an education within the context of his home and community. Where individuals have previously been placed in residential treatment centers it is recognized that the services and programs to be provided under this article will offer new resources for the care and training of such individuals at home. The governing agencies of such residential programs are encouraged to investigate the resources to be provided by this article and, where appropriate, work closely with the family, guardian, or other responsible agent to effect the meaningful return of institutionalized persons to the more normal environment of their homes and communities. At the same time, the General Assembly directs responsible agencies administering residential programs not to view this article as reason for the indiscriminate return home of current institutional residents.
In no instance shall the governing agency of such residential center return a person to his home without the advance, written consent of his parent, guardian, or other responsible party.
However, where the parent, guardian, or other responsible party shall oppose the recommendation of the agency administering the residential program to return the individual to his home, the agency, based upon professional judgment, may place the individual in other nonresidential programs such as foster homes, community residences, halfway residences, or other similar services designed to promote the growth and development of the handicapped individual.
HISTORY: 1962 Code Section 21-295.17; 1972 (57) 2130.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-90. Subpoena power of hearing officers; placement of handicapped children in alternative programs.

Notwithstanding any other provision of law:
Duly appointed hearing officers of local school districts and other state operated programs shall have the power of subpoena consistent with the requirements and regulations of Public Law 94-142.
Regarding handicapped children placed in alternative programs for non-educational reasons:
(1) No agency of the State shall place handicapped children of lawful school age in residential, institutional or foster home settings without insuring that such children shall have available to them a free and appropriate public education in conformance with the provisions of Public Law 94-142.
(2) In placing children determined to be handicapped by State Board of Education regulations, state agencies must procure, except in emergency situations, advance approval by the State Department of Education. The Department shall insure that an appropriate Individual Education Plan shall be developed by the pupil's home school district and that the proposed educational placement meets all the provisions of Public Law 94-142.
Regarding handicapped children placed in other programs for educational reasons, when local school districts must place handicapped children of lawful school age in programs external to the child's home district for educational reasons, the district making the placement shall insure that such placement shall be at no cost to parent or child including room, board, education and related services and non-medical care.
HISTORY: 1980 Act No. 482, Section 2B-D.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-100. Special education for emotionally handicapped pupils.

In addition to those services currently provided to "emotionally handicapped pupils" as those pupils are defined in subsection (4) of Section 59-21-510, the State Department of Education shall contract with the Continuum of Care Policy Council to provide services approved by the State Board of Education to enable "emotionally handicapped pupils" to benefit from special education.
HISTORY: 1984 Act No. 512, Part II, Section 9, Division II, Subdivision A, SubPart 6, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-110. Mediation as part of due process provision.

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.
HISTORY: 1993 Act No. 86, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-120. Regulations; background checks.

Section effective January 1, 2024.
In consultation with relevant stakeholders including, but not limited to, the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters for the Deaf, the State Board of Education shall develop and promulgate regulations for the appropriate credentialing of sign language interpreters in the public and special schools of this State. Interpreters for the deaf working in schools and school districts in this State must be required to submit the same background checks as educators pursuant to Section 59-25-115.
HISTORY: 2022 Act No. 188 (H.3795), Section 3, eff January 1, 2024.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-320. Transfer of rights to eligible adult student.

When a student who is eligible for special education under the Individuals with Disabilities Education Act "IDEA", 20 U.S.C. Section 1411, et seq., reaches age eighteen or is emancipated by a court of competent jurisdiction, all rights accorded to the student's parents under this article transfer to the student except as provided in Sections 59-33-330 and 59-33-340. Nothing in this article may be construed to deny an adult student eligible for special education the right to have an adult of his choice support the student in making decisions regarding the student's individualized education program.
HISTORY: 2016 Act No. 242 (H.5021), Section 1, eff June 5, 2016.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-330. Delegation of right to make educational decisions.

An adult student who is eligible for special education, who has not been determined to be incapacitated pursuant to Article 5, Title 62, may delegate his right to make educational decisions to another adult. An adult student may delegate educational rights by naming an agent through a duly executed power of attorney or by using a form that the State Department of Education shall develop and provide.
HISTORY: 2016 Act No. 242 (H.5021), Section 1, eff June 5, 2016.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-350. Authority of educational representative.

The educational agent or educational representative is authorized to make educational decisions for a student and has the same rights as the student to participate in the individualized educational program and to request, receive, examine, copy, and consent to the disclosure of the plan or another educational record. The educational agent or the educational representative shall participate based upon a determination of the student's preferences to the extent they can be determined. If the student's preferences cannot be determined, then the decisions must be based upon the student's best interest as determined by the educational agent or educational representative. An educational agent or educational representative who in good faith makes a decision about educational services is not subject to civil or criminal liability because of the substance of the decision.
HISTORY: 2016 Act No. 242 (H.5021), Section 1, eff June 5, 2016.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-360. Transition plan.

As part of the student's transition plan, starting at age thirteen, local education agencies shall assist students eligible for special education with the transition to adulthood, including the need to make educational decisions.
HISTORY: 2016 Act No. 242 (H.5021), Section 1, eff June 5, 2016.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-370. Regulations, policies, and guidelines.

The South Carolina Department of Education shall promulgate regulations, policies, and guidelines to implement this article.
HISTORY: 2016 Act No. 242 (H.5021), Section 1, eff June 5, 2016.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-520. Training and support for statewide multi-tiered system of supports; universal screening process.

(A)(1) The State Department of Education shall establish and provide training and support for a statewide MTSS framework that must contain a common data-based problem-solving model, on-going student assessment, and a layered continuum of supports using evidence-based practices. As part of the assessment, a universal screening process must be used to identify students who may be at risk of experiencing academic difficulties in reading, math, or writing, and who also may be at risk of experiencing difficulties in social-emotional development.
(2) Beginning with the 2019-2020 School Year, to the extent funding is provided or that approved screening tools are available at no cost, a local school district shall use the universal screening process to screen each student in the district who is in kindergarten through first grade three times each school year and as needed in second grade as outlined in the district's universal screening procedures, and any other student as required by the department, for reading difficulties, including dyslexia, and the need for intervention.
(3) In addition to screening required by this subsection, screening also may be requested for a student by his parent or guardian, teacher, counselor, or school psychologist.
(B) The district, following the universal screening procedures it conducted, shall convene a school-based team to analyze screening data and progress monitoring data to assist teachers in planning and implementing appropriate instruction and evidence-based interventions for all students who, based on the screening, are at risk of experiencing academic difficulties, including those students who exhibit the characteristics of dyslexia, as provided by the department. Guidance may include suggestions of tiered interventions, dyslexia-specific interventions, academic and social-emotional supports, and supplemental technology as appropriate for the student's access to assistive technology.
(C) If the RTI process conducted by the district indicates that a student is at risk for experiencing academic difficulties, including dyslexia, the district shall:
(1) notify the parent or legal guardian of the student;
(2) provide the parent or legal guardian of the student with information and resource material so that they may assist and support learning for their child;
(3) provide the student with tiered, evidence-based intervention as defined in Section 59-33-510; and
(4) monitor and evaluate the effectiveness of the intervention and the student's progress.
HISTORY: 2018 Act No. 213 (H.4434), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-530. Professional development training and resources for all educators.

The department shall provide appropriate professional development training and resources for all educators in the area of MTSS and the identification of, and evidence-based intervention methods for, students who are at risk of experiencing academic difficulties, including students with dyslexia.
HISTORY: 2018 Act No. 213 (H.4434), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-540. Development of reporting template and guidelines.

The State Board of Education shall create a reporting template and guidelines for districts and charter schools to complete the template. School districts and charter school authorizers shall complete the template and provide the compiled results to the department annually by June thirtieth, commencing June 30, 2020. The department shall provide the compiled information to the State Board of Education, State Superintendent of Education, and the Chairs of the House Education and Public Works Committee and Senate Education Committee by July thirty-first of each year commencing July 31, 2020. The template must include the following:
(1) identification of the screening tool used;
(2) the type and amount of professional development specifically applicable to reading difficulties including, but not limited to, dyslexia and other related disorders that are provided to faculty and staff;
(3) the number of students screened and the number who were identified as having reading difficulties including, but not limited to, dyslexia and who required intervention, and the interventions employed by the school; and
(4) longitudinal data reported by grade that separately identifies academic growth for students who are identified as having reading difficulties including, but not limited to, dyslexia and provided intervention services, and students who do not receive services. Individual students must not be identified.
HISTORY: 2018 Act No. 213 (H.4434), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 33 - Special Education For Handicapped Children › Section 59-33-550. Learning Disorders Task Force; composition; terms; vacancies; coordination.

(A) There is created a Learning Disorders Task Force for the purpose of working with the department in matters relating to reading disorders to include, but not be limited to, dyslexia. The State Superintendent of Education shall convene the first meeting at which time a chair shall be elected by the task force. The task force is composed of nine members as follows:
(1) an education specialist in school psychology appointed by the State Superintendent of Education, for a term of three years;
(2) a representative from the South Carolina branch of the International Dyslexia Association, appointed by the president of the association for a term of three years;
(3) a special education teacher with an understanding of reading difficulties including, but not limited to, dyslexia, appointed by the State Superintendent of Education for a term of three years;
(4) a primary school teacher, appointed by the State Superintendent of Education for a term of three years;
(5) a middle school teacher, appointed by the State Superintendent of Education for a term of three years;
(6) a high school teacher, appointed by the State Superintendent of Education for a term of three years;
(7) a parent of a child with dyslexia, appointed by the State Superintendent of Education for a term of three years;
(8) a certified school speech pathologist, appointed by the State Superintendent of Education for a term of three years; and
(9) a member in good standing of the South Carolina Optometric Physicians Association, appointed by that association's board of directors for a term of three years.
(B) Initially, the members representing subsections (A)(1), (3), (5), (7), and (9) shall serve terms of five years or until their successors are appointed and qualified. At the end of the first appointment term for these members, new appointments shall serve terms of three years or until their successors are appointed and qualified. All appointments must be provided to the State Superintendent of Education by July 1, 2018. The terms of the members shall commence July 1, 2018.
(C) A vacancy must be filled in the same manner of the original appointment for the unexpired portion of the term. A member may be appointed to successive terms.
(D) The members of the task force shall serve without compensation, mileage, per diem, or subsistence allowances.
(E) The task force shall meet at least quarterly. A quorum consists of a majority of the membership of the task force.
(F) The task force shall coordinate with the department and the South Carolina branch of the International Dyslexia Association in the identification of universal screening tools to be used pursuant to Section 59-33-520, and collaborate with the department in the creation of the reporting guidelines required by Section 59-33-540.
HISTORY: 2018 Act No. 213 (H.4434), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 34 - Blind Persons' Literacy Rights And Education › Section 59-34-20. Definitions.

As used in this chapter:
(1) "Blind student" means an individual who is eligible for special education services and who:
(a) has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or
(b) has a medically indicated expectation of visual deterioration.
(2) "Braille" means the system of reading and writing through touch commonly known as standard English Braille.
(3) "Individualized education program" means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U.S.C. Section 1401(a).
HISTORY: 1992 Act No. 282, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 34 - Blind Persons' Literacy Rights And Education › Section 59-34-30. Entitlement to individualized education program; assessment; instruction in braille.

Each legally blind student must be identified and offered an individualized education program (IEP) in consultation with a parent or legal guardian. While braille is not required, it is presumed that the need for braille reading and writing are valuable skills to be considered in the student's transition plan toward continuing in higher education and in broadening job and career opportunities.
No child who is legally blind may be denied the opportunity to receive instructions in braille reading and writing on the basis that the child has the ability to read and write print.
Each student must be given an assessment which must include an evaluation of the need for braille skills to be designed by the State Department of Education, and shall include strengths and deficits. The purpose of the assessment is to determine the most appropriate reading and writing media for the individual child and does not require the use of braille if other special education services are appropriate.
Nothing in this section requires the inclusion of braille in a legally blind student's IEP.
HISTORY: 1992 Act No. 282, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 34 - Blind Persons' Literacy Rights And Education › Section 59-34-40. Sufficiency of instruction required; particulars of individualized education program.

Instruction in braille reading and writing must be sufficient to enable each blind student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level. The student's individualized education program must specify:
(1) the results obtained from the assessment required pursuant to Section 59-34-30;
(2) how braille will be implemented as the primary mode for learning through integration with other classroom activities;
(3) the date on which braille instruction will commence;
(4) the length of the period of instruction and the frequency and duration of each instructional session;
(5) the level of competency in braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used; and
(6) if a decision has been made pursuant to the assessment that braille instruction or use is not required for the student then a specification of the evidence used to determine that the absence of braille instruction or use will not impair the student's ability to read and write effectively.
HISTORY: 1992 Act No. 282, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 35 - Kindergartens › Section 59-35-10. Kindergarten classes must be provided; extended programs.

The board of trustees of each school district shall establish and provide kindergartens for children within its jurisdiction. All children in the five-year-old kindergarten program must be counted in the average daily membership of any public school district when public school funds are to be apportioned to the several school districts. State aid for the five-year-old kindergarten program must be distributed through the formula provided for in the "Education Finance Act" (Act 163 of 1977).
Beginning with school year 1998-99, school districts shall offer an extended day five-year-old kindergarten program to all requesting parents and shall be eligible for funding for the extended day equal to the EFA weight for a child attending a half-day five-year-old kindergarten program. Local match is required for the extended-day funding. The State Board of Education may waive the full-day kindergarten requirement for a particular school district on an annual basis upon application of the district if the board finds the school district does not have available space and the cost of temporary classroom space cannot be justified.
Parents of children who are eligible to attend the extended-day five-year-old kindergarten may elect the half-day program for their children. Parents intending to enroll their eligible children in a full-day kindergarten program must notify the district by January thirty-first of the year of the anticipated enrollment date. Parents moving into the district after the notification date may apply for full-day kindergarten, and the district shall enroll such child in its full-day program on a space available basis. Any parent or guardian of a child eligible for kindergarten may elect for their child or ward not to attend kindergarten pursuant to Section 59-65-10.
HISTORY: 1962 Code Section 21-601; 1952 Code Section 21-601; 1942 Code Section 5400; 1932 Code Section 5407; Civ. C. '22 Section 2649; 1913 (28) 195; 1978 Act No. 633 Section 3; 1984 Act No. 512, Part II, Section 9, Division II, Subdivision A, SubPart 3, Section 2(A); 1996 Act No. 458, Part II, Section 69; 1998 Act No. 419, Part II, Section 4.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 36 - Preschool Programs For Children With Disabilities › Section 59-36-10. Definitions.

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.
HISTORY: 1993 Act No. 86, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 36 - Preschool Programs For Children With Disabilities › Section 59-36-20. Comprehensive system of special education and services; mandate of Individuals with Disabilities Education Act; agencies and persons responsible; interagency cooperation; level of services; costs of services.

(A) 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.
(B) 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.
(C) 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.
HISTORY: 1993 Act No. 86, Section 1; 2018 Act No. 160 (S.805), Section 11, eff July 1, 2019.
Code Commissioner's Note
At the direction of the Code Commissioner, "Article 11, Chapter 11, Title 63" was substituted for "Section 20-7-5210, et seq" at the end of the section.
2011 Act No. 47, Section 14(B), provided for the substitution of "intellectual disability" for "mental retardation" in the 1976 Code of Laws. At the Code Commissioner's discretion, the substitution was not made for the formal reference to the "Department of Mental Retardation" in this section.
Effect of Amendment
2018 Act No. 160, Section 11, added the paragraph designators, and, in (C), deleted the second sentence, which related to the Children's Case Resolution System deciding on responsibilities for a particular child if agencies disagreed.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 36 - Preschool Programs For Children With Disabilities › Section 59-36-30. Assistance of state advisory council.

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.
HISTORY: 1993 Act No. 86, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 36 - Preschool Programs For Children With Disabilities › Section 59-36-40. Policies, standards, and procedures to ensure appropriate education; consultant; evaluation and placement of students; certification and credentials of personnel.

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.
HISTORY: 1993 Act No. 86, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 36 - Preschool Programs For Children With Disabilities › Section 59-36-60. Preexisting responsibilities; funds and services not supplanted.

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.
HISTORY: 1993 Act No. 86, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 36 - Preschool Programs For Children With Disabilities › Section 59-36-70. Annual report by advisory council summarizing services for preschoolers; reports by other agencies.

(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.
HISTORY: 1993 Act No. 86, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 36 - Preschool Programs For Children With Disabilities › Section 59-36-80. Study of costs; recommendation as to weighting in connection with funding; annual determination of funding level.

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.
HISTORY: 1993 Act No. 86, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 37 - Schools For Eleemosynary Institutions › Section 59-37-10. Schools for orphans or needy children in eleemosynary institutions.

Upon application of the directors or managing board of any eleemosynary institution in this State, operated without profit as a home for orphans or needy children who are admitted thereto, the State Board of Education shall establish a grammar or high school or both for the inmates of such institution within school age.
HISTORY: 1962 Code Section 21-611; 1952 Code Section 21-611; 1942 Code Section 5477; 1932 Code Section 5694; 1931 (37) 237, 263.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 37 - Schools For Eleemosynary Institutions › Section 59-37-20. Schools for eleemosynary institutions placed under direction and control of local board of trustees.

Should any such school be established, the State Board of Education shall place it under the direction and control of the board of school trustees of the school district in which the institution is located, and thereupon such board of school trustees shall employ teachers and operate the school in a building or buildings to be provided free of charge by the eleemosynary institution (such building or buildings to be approved by the board of school trustees) in the same manner and subject to all the laws, rules and regulations governing the conduct and operation of other public schools of the State.
HISTORY: 1962 Code Section 21-612; 1952 Code Section 21-612; 1942 Code Section 5478; 1932 Code Section 5695; 1931 (37) 237, 263.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 37 - Schools For Eleemosynary Institutions › Section 59-37-30. Expenditures; power of State Board of Education to discontinue school.

There shall not be expended for all purposes in any one scholastic year for any such school more per pupil attending than the average per pupil attending the other public schools in the State during the preceding year. The local school district shall not be required to contribute any school facilities to any such institution, and the State Board of Education may discontinue any such school at any time that in its judgment it is advisable to do so.
HISTORY: 1962 Code Section 21-613; 1952 Code Section 21-613; 1942 Code Section 5479; 1932 Code Section 5696; 1931 (37) 237, 263.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-10. Establishment and maintenance of high schools.

The board of trustees of any school district, acting singly or in cooperation with the boards of trustees of adjoining school districts, may establish and maintain a high school, with the privileges herein granted; provided, that such high school meets all the requirements of this article and the regulations of the State Board of Education.
HISTORY: 1962 Code Section 21-621; 1952 Code Section 21-621; 1942 Code Section 5404; 1932 Code Section 5598; Civ. C. '22 Section 2716; Civ. C. '12 Section 1825; 1907 (25) 518; 1908 (25) 1119; 1909 (26) 86; 1910 (26) 743; 1916 (29) 875; 1919 (31) 248.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-20. Board of trustees of high schools.

Except as otherwise expressly provided, if a single school district establish a high school, the board of trustees of such district shall be the high school board of trustees; and if any two or more districts establish a high school, the board of trustees of the district wherein the high school is located, together with the chairman of each of the cooperating districts, shall constitute the high school board of trustees. And except as otherwise expressly provided, if three or more adjoining school districts, none of which contains an incorporated town of twenty-five hundred inhabitants according to the last preceding census, shall cooperate to establish a centralized high school, the chairmen of the several cooperating districts shall constitute the board of trustees for the centralized high school.
HISTORY: 1962 Code Section 21-622; 1952 Code Section 21-622; 1942 Code Sections 5405, 5406; 1932 Code Sections 5599, 5600; Civ. C. '22 Sections 2717, 2718; Civ. C. '12 Section 1831; 1907 (25) 520; 1916 (29) 875; 1919 (31) 248; 1923 (33) 92; 1949 (46) 461.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-30. High schools established prior to February 19, 1907 may claim privileges of article.

Any public high school established prior to February 19, 1907 may claim the privileges of this article; provided, that it conforms to the requirements of this article and the regulations of the State Board of Education. But nothing in this article shall be construed to repeal any of the privileges granted special school districts in the special acts of the General Assembly.
HISTORY: 1962 Code Section 21-623; 1952 Code Section 21-623; 1942 Code Section 5407; 1932 Code Section 5601; Civ. C. '22 Section 2719; Civ. C. '12 Section 1828; 1907 (25) 520; 1916 (29) 875; 1919 (31) 248.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-40. Creation of corporate body through establishment of high school districts by adjoining school districts.

When, pursuant to or under color of authority of any general act, any special act or any act making a special provision in or about the subject matter of a general act, a high school shall have been established by the boards of trustees of two or more adjoining school districts located in the same county or adjoining counties in this State, or when the boards of trustees of two or more such school districts, by the adoption of resolutions, authorization of contracts for erection or in any other way jointly or as separate boards of trustees, shall have evidenced an intention to establish a high school district, a body corporate shall be and hereby is created and shall be deemed to have been created at and from the time of the first joint or separate action in any such case and for such purpose by two or more boards of trustees of school districts.
HISTORY: 1962 Code Section 21-624; 1952 Code Section 21-624; 1942 Code Section 5409; 1932 Code Section 5607; Civ. C. '22 Section 2725; 1921 (32) 45; 1923 (33) 181.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-50. Area of high school districts established by adjoining districts.

Such high school district shall be coterminous with and equal in area to the two or more school districts by action of whose boards of trustees it shall be created, but shall not in any way terminate the continued corporate existence of such school districts as separate entities.
HISTORY: 1962 Code Section 21-625; 1952 Code Section 21-625; 1942 Code Section 5410; 1932 Code Section 5608; Civ. C. '22 Section 2726; 1921 (32) 45.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-60. Boards of trustees of high school districts established by adjoining districts.

The governing body of each such district shall be a board known as a high school board of trustees, which shall be constituted, when the boards of trustees of two or more school districts shall have acted in establishing or evidencing an intention to establish a high school pursuant to or under color of authority of any special act or any act making a special provision in or about the subject matter of a general act, in the manner provided in such act and in any other case in the manner provided in Section 59-39-20.
HISTORY: 1962 Code Section 21-627; 1952 Code Section 21-627; 1942 Code Section 5411; 1932 Code Section 5609; Civ. C. '22 Section 2727; 1921 (32) 45.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-70. Corporate name of high school district established by adjoining districts; seal; clerk.

The corporate name of each such high school district shall be such as shall be adopted by resolution of the high school board of trustees. The high school board of trustees may likewise adopt a corporate seal and may elect from time to time one of their number as clerk to hold office during his term of office as trustee or for a shorter period if the board shall so determine.
HISTORY: 1962 Code Section 21-628; 1952 Code Section 21-628; 1942 Code Section 5412; 1932 Code Section 5610; Civ. C. '22 Section 2728; 1921 (32) 45.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-80. Privileges and regulation of high school district established by adjoining districts.

All such districts shall have the privileges and benefits provided by this article and shall be subject to the regulations of the State Board of Education as therein provided.
HISTORY: 1962 Code Section 21-629; 1952 Code Section 21-629; 1942 Code Section 5413; 1932 Code Section 5612; Civ. C. '22 Section 2730; 1921 (32) 45.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-90. Rights, powers, and privileges of trustees of high school districts established by adjoining districts.

Such high school boards of trustees shall have all of the rights, powers and privileges conferred by law upon the trustees of common school districts and may manage, lease, dispose of, sell, deliver or convey the property of the district upon such terms and conditions as the board shall deem proper and, when authorized by the boards of trustees of a majority of the cooperating districts, may discontinue the operation of such high school. But such right to manage, lease, dispose of, sell, deliver or convey the property of the district or discontinue the operation of the high school shall be subject to the approval of the county board of education.
HISTORY: 1962 Code Section 21-629.1; 1952 Code Section 21-629.1; 1951 (47) 429.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-110. Accelerated program of study.

Each accredited high school in this State shall provide an accelerated program of study whereby any student who demonstrates sufficient ability shall, upon approval of the administrative head of such school and of the parent, guardian or other lawful custodian of such student, be allowed to undertake such courses of study as will enable the student to graduate at the end of eleven years of primary and secondary schooling.
HISTORY: 1962 Code Section 21-630.1; 1958 (50) 1844.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 39 - High Schools › Section 59-39-112. Elective credit for released time classes in religious instruction; instruction by private schools.

(A) A school district board of trustees may award high school students no more than two elective Carnegie units for the completion of released time classes in religious instruction as specified in Section 59-1-460 if:
(1) for the purpose of awarding elective Carnegie units, the released time classes in religious instruction are evaluated on the basis of purely secular criteria that are substantially the same criteria used to evaluate similar classes at established private high schools for the purpose of determining whether a student transferring to a public high school from a private high school will be awarded elective Carnegie units for such classes. However, any criteria that released time classes must be taken at an accredited private school is not applicable for the purpose of awarding Carnegie unit credits for released time classes; and
(2) the decision to award elective Carnegie units is neutral as to, and does not involve any test for, religious content or denominational affiliation.
(B) For the purpose of subsection (A)(1), secular criteria may include, but are not limited to, the following:
(1) number of hours of classroom instruction time;
(2) review of the course syllabus which reflects the course requirements and materials used;
(3) methods of assessment used in the course; and
(4) whether the course was taught by a certified teacher.
(C) The provisions of subsection (A)(1) also shall be satisfied if a school district leaves the evaluation and assessment function for an off-campus released time class to an accredited private school, and accepts the off-campus released time transfer of credit without individually assessing the quality or subject matter of the class, trusting the private school accreditation process to ensure adequate academic standards.
HISTORY: 2006 Act No. 322, Section 2, eff June 2, 2006; 2018 Act No. 179 (S.28), Section 1, eff July 1, 2018.
Editor's Note
2006 Act No. 322, Section 1, provides as follows:
"This act may be cited as the 'South Carolina Released Time Credit Act"'.
Effect of Amendment
2018 Act No. 179, Section 1, added (C), providing that a school district board of trustees may accept released time credits as transfer credits from an accredited private school.