South Carolina Code of Regulations › Chapter 43 - STATE BOARD OF EDUCATION › Article 19 - INSTRUCTIONAL PROGRAM › Section 43-243 - Special Education, Education of Students with Disabilities

Current through Register Vol. 48, No. 6, June 28, 2024
I. Purpose
The purpose of this regulation is to promulgate the state's
				requirements of educational programs for students with disabilities, as
				outlined by the Individuals with Disabilities Education Act, 2004 (IDEA). The
				South Carolina Department of Education (SCDE), as the state educational agency
				(SEA); all local educational agencies (LEAs); all state-operated programs
				(SOPs); and all other public programs providing special education and related
				services as outlined in the IDEA follow and comply with all statutory and
				regulatory requirements of the IDEA as outlined in 20 U.S.C. Section 1400 et
				seq. and the Code of Federal Regulations (C.F.R.), Chapter 34, Part 300.
In addition to the statutory and regulatory requirements to
				which the state adheres, this regulation further delineates state-specific
				requirements of the IDEA.
II. Policies and Procedures
Pursuant to the statutory requirements in Part B of the IDEA
				and regulatory requirements found in 34 C.F.R. Part 300, the state has in
				effect policies and procedures governing public educational programs for
				children with disabilities. These state policies and procedures are reviewed
				and approved by the SCDE. These state policies and procedures are broadly
				disseminated and are found in electronic format on the SCDE's website.
III. Clarified Definitions
A. Child with a disability. For the purposes
			 of the definitions of a child with a disability, SBE R.43-243.1
			 provides the definitions of a child with a disability as outlined at 34 CFR
			 Part 300 Section 8.
B. Children
			 with disabilities enrolled by their parents in private schools. Parentally
			 placed private school children with disabilities means children with
			 disabilities enrolled by their parents in private, including religious,
			 schools, homeschool programs, or facilities that meet the definition of
			 elementary schools in
			 34 C.F.R. Section
			 300.13 or secondary schools in
			 34 C.F.R. Section
			 300.36; or in homeschool programs as defined
			 by S.C. Code Ann. Sections
			 59-65-40,
			 45, and 47; other than children with disabilities covered under
			 34 C.F.R.
			 Sections 300.145 through
			 300.147.
C. Free appropriate public education. A free
			 appropriate public education must be available to all children residing in the
			 state between the ages of 3 and 21, inclusive, including children with
			 disabilities who have been suspended or expelled from school, as provided for
			 in
			 34 C.F.R. Section
			 300.530(d). In South
			 Carolina, this means that if any student turns age 21 after September 1 of the
			 school year, the LEA must permit the student to enroll and complete the school
			 year, and all applicable statutes and regulations apply. If a student turns age
			 21 on or prior to September 1, the LEA is not required to permit the student to
			 enroll.
D. Intellectual
			 disabilities. For the purposes of this regulation, all references in 34 C.F.R.
			 Part 300 to mental disabilities or mental retardation are forthwith referred to
			 as intellectual disabilities, as required by
			 Pub. L. No.
			 111-256.
E. Residential treatment facilities. For the
			 purposes of this regulation, residential placements defined at
			 34 C.F.R. Section
			 300.104 include residential treatment
			 facilities authorized by the South Carolina Department of Health and
			 Environmental Control and are governed by state statutes, regulations, and
			 annually through state provisos in the State Appropriations Act. Requirements
			 set forth in state statutes, regulations, and provisos delineate the
			 responsibilities of the state and LEAs with regards to those children who are
			 placed, or referred to such placements, by public agencies.
F. Transfer of rights at age of majority.
1. General Requirements. Beginning not later
			 than one year before the child reaches the age of majority under state law, the
			 child's Individualized Education Program (IEP) must include a statement that
			 the child has been informed of his or her rights under Part B of the IDEA, if
			 any, that will transfer to the child on reaching the age of majority under
			 34 C.F.R. Section
			 300.520. For the purposes of this definition,
			 the age of majority in South Carolina is 18 years.
2. Exceptions to transfer of rights at age of
			 majority.
a) Parental rights transfer to a
			 child with a disability who reaches the age of majority under state law that
			 applies to all children, except for a child with a disability who has been
			 determined to be incompetent under the laws of South Carolina (S.C. Code Ann.
			 Sections
			 62-5-501
			 et seq).
b) The state has
			 established procedures for appointing the parent of a child with a disability,
			 or, if the parent is not available, another appropriate individual, to
			 represent the educational interests of the child throughout the child's
			 eligibility under the IDEA when the child has not been determined to be
			 incompetent under state law (S.C. Code Ann. Sections
			 62-5-501
			 et seq).
G.
			 Transition services. Beginning not later than the first IEP to be in effect
			 when the child turns 13 years, or younger if deemed appropriate by the IEP
			 team, and updated annually thereafter, the IEP must include-
1. appropriate measurable postsecondary goals
			 based upon age-appropriate transition assessments related to training,
			 education, employment, and, where appropriate, independent living skills;
			 and
2. transition services
			 (including courses of study) needed to assist the child in reaching those goals
			 that align with the child's career goals and course of study in the child's
			 Individualized Graduation Plan (IGP) as outlined in S.C. Code Ann. Section
			 59-59-140.