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.
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.