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.
Structure South Carolina Code of Laws
Chapter 33 - Special Education For Handicapped Children
Section 59-33-10. Legislative findings; declaration of purpose.
Section 59-33-20. Definitions.
Section 59-33-30. Specialized education program for handicapped children; rules and regulations.
Section 59-33-40. Surveys and educational plans of school districts; annual reports
Section 59-33-60. Cooperation with other agencies; acceptance of donations.
Section 59-33-70. Funding; article is supplementary.
Section 59-33-80. Legislative declaration of policy as to residential and nonresidential programs.
Section 59-33-100. Special education for emotionally handicapped pupils.
Section 59-33-110. Mediation as part of due process provision.
Section 59-33-120. Regulations; background checks.
Section 59-33-310. Short title.
Section 59-33-320. Transfer of rights to eligible adult student.
Section 59-33-330. Delegation of right to make educational decisions.
Section 59-33-350. Authority of educational representative.
Section 59-33-360. Transition plan.
Section 59-33-370. Regulations, policies, and guidelines.
Section 59-33-510. Definitions.
Section 59-33-530. Professional development training and resources for all educators.
Section 59-33-540. Development of reporting template and guidelines.
Section 59-33-550. Learning Disorders Task Force; composition; terms; vacancies; coordination.