S 939 Session 110 (1993-1994)
S 0939 General Bill, By Bryan and Washington
Similar(H 4395)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
59-33-120 through 59-33-200 so as to require an extended school year program
for children with disabilities to be established in each school district,
define terms and provide for purposes, screening, qualification, development
of an addendum to the individualized educational plan, review by the
multidisciplinary evaluation team, responsibilities for department of
education, refusal to participate, and transportation.
12/20/93 Senate Prefiled
12/20/93 Senate Referred to Committee on Education
01/11/94 Senate Introduced and read first time SJ-44
01/11/94 Senate Referred to Committee on Education SJ-44
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTIONS 59-33-120 THROUGH 59-33-200 SO AS TO
REQUIRE AN EXTENDED SCHOOL YEAR PROGRAM FOR
CHILDREN WITH DISABILITIES TO BE ESTABLISHED IN EACH
SCHOOL DISTRICT, DEFINE TERMS, AND PROVIDE FOR
PURPOSES, SCREENING, QUALIFICATION, DEVELOPMENT OF
AN ADDENDUM TO THE INDIVIDUALIZED EDUCATIONAL
PLAN, REVIEW BY THE MULTIDISCIPLINARY EVALUATION
TEAM, RESPONSIBILITIES FOR DEPARTMENT OF EDUCATION,
REFUSAL TO PARTICIPATE, AND TRANSPORTATION.
Whereas, extended school year programs for children with disabilities
were required to be established in certain school districts in South
Carolina pursuant to a temporary proviso in the 1990-91 General
Appropriations Act; and
Whereas, the State Department of Education, through Programs for the
Handicapped, developed procedures for the placement of children with
disabilities in the extended school year programs in the participating
school districts of Beaufort, Cherokee, and Chesterfield; and
Whereas, over twelve hundred students with disabilities have been
served by the Department of Education since completion of the two-year
pilot project; and
Whereas, the General Assembly finds that it is necessary and proper that
extended school year programs be offered in each school district in
South Carolina to provide an appropriate education for children with
disabilities; and
Whereas, the extended school year program is designed for the purpose
of maintaining each student's mastered competencies in critical skill
areas so a summer break period will not render the previous year's
program of no meaningful educational benefit; and
Whereas, the General Assembly intends that funding for implementation
of extended school year programs be based on resources it makes
available to the school districts. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-33-120. (A) An extended school year program
for children with disabilities must be established in each school district
to meet the unique needs of special education students.
(B) As used in this section and Sections 59-33-130 through
59-33-200:
(1) Communication is the ability to receive, understand, organize,
and express language.
(2) Critical skills areas include, but are not limited to, personal
hygiene and grooming, living independently, vocational experience,
functional academics, communication, motor development, and social
behavior.
(3) Extended school year is an individualized instructional
program or related service, or both, which is extended beyond the
regular one hundred eighty day school year for students with disabilities
who are enrolled in special education. The provision of extended school
year services is based on the individual educational plan requirements
of Public Law 94-142, subsequent amendments, and Section 504 of the
1973 Vocational Rehabilitation Act and is determined on a case by case
basis.
(4) Mastery is the successful demonstration of an acquired skill
at the designated level of proficiency specified in the evaluation criteria
defined for that skill in the student's individual educational plan.
(5) Motor development is the ability of a child to control his
bodily movements. This includes gross motor, fine motor, and mobility.
(6) Regression is the loss, as a result of a scheduled break in
instruction, of one or more mastered skills specified in the short term
objectives of the student's individual educational plan.
(7) Social behavior is both interpersonal and intrapersonal skills
that enable students to interact effectively with others and to achieve
personal satisfaction. This includes, but is not limited to, capacity to
relate to others, impulse and attention control, self-concept, and anger
management.
Section 59-33-130. (A) The purpose of extended school year
services is to ensure that the child derives meaningful educational
benefit or to forestall serious regression of previously learned skills, or
both. The extended school year program is designed to maintain each
student's mastered competencies in critical skills areas as determined by
the pupil's individual educational plan committee so that a summer break
period will not render the previous year's program of no meaningful
educational benefit. Extended school year services necessarily do not
mean twelve months services but only those extended services required
to enable the child to derive a meaningful educational benefit from his
program. Failure to maintain acquired skills as a result of an extended
interruption of special education or related services to the extent that a
period of nine weeks of instruction is required to regain previous
competence will be considered evidence of the need for extended school
year services.
(B) The extended school year is not:
(1) a mandated twelve-month school program for all children with
disabilities;
(2) required to be provided just because children with disabilities
could benefit from it;
(3) required in order that child care be available for children with
disabilities during the summer;
(4) required in order to maximize the educational opportunities
for children with disabilities;
(5) necessarily a continuation of the instructional program
provided during the regular school year;
(6) required to be provided all day, every day, nor each day
during the week or month;
(7) necessarily a traditional teacher/classroom/child model.
Section 59-33-140. (A) All children with disabilities must be
screened for potential eligibility for extended school year services. The
decision as to which children qualify for the services and the amount and
kind of programming needed must be determined on an individual basis.
(B) Referrals for review and determination of eligibility for extended
school year services must follow these procedures:
(1) review all individual educational plans by special education
and related services staff and document screening results;
(2) consider referrals made by parents, school staff, advocates, or
outside agencies;
(3) refer potentially eligible extended school year students to
multidisciplinary evaluation team with documented reasons for referral.
Section 59-33-150. The student's individual educational plan
committee must include all the required members. The parents must be
invited to attend this meeting. The district shall ensure that a member
of the multidisciplinary team is present to explain the results of the
evaluation for potential extended school year services. During the
individual educational plan meeting, the individual educational plan
committee shall review the multidisciplinary team's recommendation and
relevant information and determine appropriateness of extended school
year program services.
Section 59-33-160. The individual educational plan committee shall
develop an addendum to the individual educational plan which specifies
extended school year services. The extended school year individual
educational plan addendum must include the following:
(1) short-term objectives from the student's current individual
educational plan which will be continued during the extension of the
school year;
(2) type of special education services to be provided, location
where these services will be delivered, amount of time to be spent in
special education, and projected beginning and ending dates of the
extended services;
(3) type of related services to be provided, if any, location where
these services will be delivered, amount of time to be spent in related
services, and projected beginning and ending dates of the extended
services;
(4) transportation, if necessary.
Section 59-33-170. (A) Members of the multidisciplinary evaluation
team must include, but are not limited to, the student's special education
teacher, related services providers, the school psychologist, the local
education authority representative, and others at the discretion of the
district.
(B) The multidisciplinary evaluation team shall review appropriate
data related to progress toward identified critical goals and objectives
which may include, but are not limited to:
(1) current and previous individual educational plans;
(2) checklists and curricula showing when skills were mastered;
(3) attendance information;
(4) recommendations from professionals;
(5) behavioral logs;
(6) video and audio tape information;
(7) parent interview;
(8) other assessment data.
(C) The multidisciplinary evaluation team shall assess the student's
progress to determine whether the extended break has caused or may
cause the loss of progress toward critical skills and objectives.
(D) The multidisciplinary evaluation team shall forward written
recommendations, with a copy of the current individual educational
plan, to the designated district administrator.
Section 59-33-180. The Department of Education may develop
necessary internal procedures and forms for the implementation of the
extended school year program in each district. These procedures must
include, but are not limited to, the specific responsibilities of teachers,
principals, district personnel, and state department staff.
Section 59-33-190. A parent or guardian may refuse to allow his
child to participate in the extended school year program without the
need for a due process hearing.
Section 59-33-200. Transportation, if necessary, to and from
extended school year services must be provided at no cost to
participants."
SECTION 2. This act takes effect upon approval by the Governor.
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