Bill 567

                    Current Status

Bill Number:               567
Ratification Number:       338
Act Number                 322
Introducing Body:          Senate
Subject:                   To provide for early intervention
                           programs for preschool-age handicapped
                           children

(A322, R338, S567)

AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE FOR SCHOOL, SO AS TO PROVIDE THAT ALL THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY PARTICIPATE IN EARLY INTERVENTION PROGRAMS; TO PROVIDE THAT DURING FISCAL YEAR 1989-90 THE STATE DEPARTMENT OF EDUCATION SHALL IDENTIFY ALL FINANCIAL RESOURCES AVAILABLE WITHIN THE STATE FROM FEDERAL, STATE, LOCAL, AND PRIVATE SOURCES, INCLUDING THE STATE MEDICAID PROGRAM, FOR FUNDING THE COMPREHENSIVE SERVICE SYSTEM PROVIDED FOR IN SECTION 59-137-20; TO PROVIDE THAT BY MARCH 1, 1990, THE DEPARTMENT SHALL RECOMMEND A COMPREHENSIVE SERVICE SYSTEM TO THE STATE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY; TO PROVIDE THAT, DURING FISCAL YEAR 1990-91, THE DEPARTMENT SHALL IMPLEMENT AS MUCH OF THE COMPREHENSIVE SERVICE SYSTEM AS POSSIBLE; TO REQUIRE THE DEPARTMENT TO CONTRACT WITH AN INDEPENDENT CONSULTANT TO EVALUATE THE SERVICE SYSTEM AND SUBMIT A WRITTEN REPORT TO THE GENERAL ASSEMBLY BY MARCH 1, 1991; TO PROVIDE THAT THE PROVISIONS OF THIS ACT, INCLUDING CHAPTER 137 OF TITLE 59, EXPIRE ON JULY 1, 1991, UNLESS SPECIFICALLY REAUTHORIZED; TO PROVIDE THAT SECTION 59-63-20(6) ON THE JULY 1, 1991 EXPIRATION DATE REVERTS TO THE MANNER IN WHICH IT READ BEFORE BEING AMENDED BY THIS ACT; TO PROVIDE THAT UNTIL THE PROVISIONS OF THIS ACT ARE REAUTHORIZED, IMPLEMENTATION OF EARLY INTERVENTION PROGRAMS IN ACCORDANCE WITH SECTIONS 59-137-20 AND 59-137-30, INCLUDING TRANSPORTATION, IS REQUIRED ONLY TO THE EXTENT THAT FEDERAL, STATE, LOCAL, AND PRIVATE FUNDS ARE APPROPRIATED FOR THAT PURPOSE, AND PROVIDE THAT FURTHER IMPLEMENTATION IS NOT MANDATORY FOR THE STATE BOARD OR DEPARTMENT OF EDUCATION OR SCHOOL DISTRICTS UNLESS REQUIRED BY THE REAUTHORIZATION; AND TO REPEAL SECTION 52, PART II, ACT 189 OF 1989, RELATING TO EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN, THE PROVISION THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY PARTICIPATE IN EARLY INTERVENTION PROGRAMS, AND REAUTHORIZATION PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Findings; purpose

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 appropriate 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-age handicapped children at age three and to accord them the rights and protections held by school-age handicapped children under state and federal law.

New provisions enacted, early intervention programs

SECTION 2. Title 59 of the 1976 Code is amended by adding:

Section 59-137-10. As used in this chapter:

(1) 'Early intervention program' means the specialized education and related services provided in accordance with Public Law 94-142, as amended.

(2) 'Preschool-age 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 early intervention 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 conditions of developmental delay, trainable mental handicap, profound mental handicap, visual handicap, hearing handicap, orthopedic handicap, other health impaired, and speech/language handicaps.

(3) 'Developmental delay' means a significant deficit in the area of cognitive ability, language ability, motor ability, perceptual ability, or social/emotional maturity and is a handicapping condition if diagnosed as meeting the State Board of Education's eligibility criteria.

Section 59-137-20. The State Board of Education shall establish a statewide comprehensive system to deliver special education and related services, including parent counseling and training to all preschool-age handicapped children in this State. The system must be planned, developed, and administered by, the State Department of Education under the direction of the State Superintendent of Education. The State Board of Education shall set forth policies and procedures for developing and implementing interagency agreements between the State Department and other appropriate state and local agencies to:

(a) define the financial responsibility of each agency for providing handicapped children and youth with free appropriate education;

(b) resolve interagency disputes including procedures under which local school districts may initiate proceedings under the agreement in order to secure reimbursement from other agencies or otherwise implement the provisions of the agreement, and

(c) ensure a smooth transition of children receiving services pursuant to Part H of P.L. 99-457 to the special education and related services authorized by this chapter.

The State Board of Education shall prescribe standards and approve the procedures under which facilities are furnished and services provided. The board shall establish evaluation and placement procedures for handicapped students who participate in the programs established under this chapter and determine certification and training requirements for teachers, other professionals, and paraprofessionals in these programs.

Section 59-137-30. The board of trustees in each school district shall establish an early intervention program for preschool-age handicapped children who are legal residents of the district. Districts may contract with other districts or agencies, public or private, which maintain approved special education programs or provide approved related services in order to facilitate the implementation of this responsibility. Each district shall provide transportation for all children enrolled in early intervention programs who request the transportation, and regulations of the State Board of Education governing the operation of school buses shall apply.

Section 59-137-40. No provision of this chapter may be construed to limit the responsibility of state agencies currently providing services to preschool-age handicapped children or their families.

Section 59-137-50. (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-age 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-age 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, and the State Department of Social Services.

(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-age handicapped children.

(D) The Joint Legislative Committee on Children shall receive timely reports from all agencies involved in the implementation of programs for handicapped infants, toddlers, and preschool children developed pursuant to P.L. 99-457 and shall provide consultation and guidance if necessary."

Early intervention programs, preschool-age 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."

Comprehensive service system

SECTION 4. During fiscal year 1989-90 the State Department of Education shall identify all financial resources available within the State from federal, state, local, and private sources, including the state Medicaid program, for funding the comprehensive service system provided for in Section 59-137-20 of the 1976 Code as contained in Section 2 of this act. State and local agencies shall comply with the department's request for relevant information about financial resources in a timely manner. The department shall use these resources to support programs to demonstrate and evaluate different components of the service system.

By March 1, 1990, the department shall recommend a comprehensive service system to the State Budget and Control Board and the General Assembly. The department shall identify components of the system which can be supported through existing resources and components for which additional funds are needed.

Using all funds appropriated for this purpose, during fiscal year 1990-91 the department shall implement as much of the comprehensive service system as possible. The department shall contract with an independent consultant to evaluate the service system and submit a written report to the General Assembly by March 1, 1991.

Expiration of provisions; reauthorization

SECTION 5. The provisions of this act, including Chapter 137 of Title 59 of the 1976 Code, expire July 1, 1991, unless specifically reauthorized by an act or joint resolution before that date. Section 59-63-20(6) of the 1976 Code, as amended by Section 3 of this act, on this July 1, 1991, expiration date reverts to the manner in which it read before being amended by this act.

Early intervention programs; implementation

SECTION 6. Until the provisions of this act are reauthorized pursuant to Section 5, implementation of early intervention programs in accordance with Sections 59-137-20 and 59-137-30, including transportation, is required only to the extent that federal, state, local, and private funds are appropriated for that purpose. Further implementation is not mandatory for the State Board or Department of Education or school districts unless required by the reauthorization.

Provisions repealed

SECTION 7. Section 52, Part II, Act 189 of 1989 is repealed.

Time effective

SECTION 8. This act takes effect upon approval by the Governor.

Approved the 20th day of February, 1990.