South Carolina Code of Laws
Chapter 26 - Rights Of Clients With Intellectual Disability
Section 44-26-190. Department of Education to develop and utilize most current methods of education and training of clients; rights of school-aged clients to appropriate education.

(A) The State Department of Education shall seek to develop and utilize the most current and promising methods for the education and training of people with intellectual disability. It shall utilize the assistance, service, and findings of other state and federal agencies.
(B) School-aged clients with intellectual disability have the right to an appropriate education regardless of the degree of retardation or accompanying disabilities as provided in Public Law 94-142, the Education of Handicapped Children Act. Placement of a school-aged person with intellectual disability in a facility of the department does not preclude his attendance in community-based public schools. It is the goal of each intellectual disability facility to effect a move of each resident client from facility-based educational programs to community-based public schools.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 26 - Rights Of Clients With Intellectual Disability

Section 44-26-10. Definitions.

Section 44-26-20. Right to writ of habeas corpus.

Section 44-26-30. Right to representation by counsel.

Section 44-26-40. Determination of competency to consent to or refuse major medical treatment.

Section 44-26-50. Health care decisions of client found incompetent to consent to or refuse major medical treatment.

Section 44-26-60. Health care decisions of minor clients.

Section 44-26-70. Human rights committees.

Section 44-26-80. Appeal of decisions concerning services or treatment provided.

Section 44-26-90. Rights of client not to be denied.

Section 44-26-100. General rights of clients; limitations on rights.

Section 44-26-110. Right to daily physical exercise.

Section 44-26-120. Access to medical and habilitative records; grounds for denial of access; appeal of denial of access; disclosure form.

Section 44-26-130. Confidentiality of communications with, and records of clients; disclosure.

Section 44-26-140. Clients to receive least restrictive appropriate care and habilitation available; exceptions.

Section 44-26-150. Clients to be informed of rights upon admission; written individualized plan of habilitation; review of plan; revision of, or changes in, plan.

Section 44-26-160. Mechanical, physical, or chemical restraint of clients.

Section 44-26-170. Use of certain types of behavior modification.

Section 44-26-180. Informed consent required for participation in research; promulgation of regulations.

Section 44-26-190. Department of Education to develop and utilize most current methods of education and training of clients; rights of school-aged clients to appropriate education.

Section 44-26-200. State Employment Services Division and State Agency of Vocational Rehabilitation to find employment for citizens with intellectual disability.

Section 44-26-210. Penalties for denying client rights accorded under this chapter.

Section 44-26-220. Person making health care decision not subject to civil or criminal liability, nor liable for cost of care; health care provider not subject to civil or criminal liability or disciplinary penalty for relying on decision.