A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-67-520, RELATING TO THE TRANSPORTATION OF HANDICAPPED SCHOOL AGE PERSONS ON PUBLIC SCHOOL BUSES, SO AS TO PROVIDE A PUBLIC SCHOOL BUS THAT TRANSPORTS ONE OR MORE CERTAIN HANDICAPPED PERSONS MUST HAVE AN ADULT ATTENDANT TO ACCOMPANY THE PERSON OR PERSONS ON THE BUS WHILE BEING TRANSPORTED, TO PROVIDE THE SCHOOL BUS DRIVER MAY NOT SIMULTANEOUSLY SERVE AS AN ATTENDANT, AND TO PROVIDE BUSES MAY HAVE MULTIPLE ATTENDANTS BUT IS ONLY REQUIRED TO HAVE ONE ATTENDANT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Section 59-67-520 of the S.C. Code is amended to read:

    Section 59-67-520. (A) Notwithstanding the provisions of Sections 59-33-50, 59-67-420 and 59-67-510, the State Department of Education shall have the responsibility for transporting handicapped persons of lawful school age to and from the nearest school in which a handicapped pupil has been duly assigned. Additionally, when a school district is providing classes for handicapped persons between the ages of five and twenty-one years at the same location where classes and programs are provided for handicapped persons under age five and over age twenty-one, and when a cost reduction will result, the Departmentdepartment may enter into a reciprocal agreement with the facility whereby certain handicapped persons between the ages of five and twenty-one years may be transported on buses not owned by the Departmentdepartment and certain handicapped persons under age five and over age twenty-one may be transported on Departmentdepartment-owned buses.

    (B) A public school bus that is transporting one or more handicapped persons who must be mechanically or physically restrained while being so transported must have an adult attendant at all times to accompany the handicapped person or persons on the bus while being transported. The driver of the bus may not simultaneously act as the adult attendant required in this subsection. This bus may have more than one such adult attendant but only is required to have one.

SECTION 2.  This act takes effect upon approval by the Governor.

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