Notwithstanding any other provision of law:
Duly appointed hearing officers of local school districts and other state operated programs shall have the power of subpoena consistent with the requirements and regulations of Public Law 94-142.
Regarding handicapped children placed in alternative programs for non-educational reasons:
(1) No agency of the State shall place handicapped children of lawful school age in residential, institutional or foster home settings without insuring that such children shall have available to them a free and appropriate public education in conformance with the provisions of Public Law 94-142.
(2) In placing children determined to be handicapped by State Board of Education regulations, state agencies must procure, except in emergency situations, advance approval by the State Department of Education. The Department shall insure that an appropriate Individual Education Plan shall be developed by the pupil's home school district and that the proposed educational placement meets all the provisions of Public Law 94-142.
Regarding handicapped children placed in other programs for educational reasons, when local school districts must place handicapped children of lawful school age in programs external to the child's home district for educational reasons, the district making the placement shall insure that such placement shall be at no cost to parent or child including room, board, education and related services and non-medical care.
HISTORY: 1980 Act No. 482, Section 2B-D.
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.