A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-67-520, RELATING TO THE TRANSPORTATION OF HANDICAPPED PERSONS ON PUBLIC SCHOOL BUSES, SO AS TO PROVIDE SCHOOL BUS DRIVERS WHO PROVIDE SUCH TRANSPORTATION HAVE A LEGITIMATE EDUCATIONAL INTEREST IN INFORMATION CONCERNING THE BEHAVIOR OR HEALTH OF THE HANDICAPPED STUDENTS THAT COULD HAVE A HEALTH OR SAFETY IMPACT, AND MUST BE GIVEN SUMMARIES OF SUCH INFORMATION BY SCHOOL DISTRICTS.

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 Ddepartment 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 Ddepartment and certain handicapped persons under age five and over age twenty-one may be transported on Ddepartment-owned buses.

    (B) The driver of a school bus who is providing transportation to a handicapped student has a legitimate educational interest in personally identifying information protected by HIPPA or FERPA that concerns the behavior or health of the handicapped student which could impact the health and safety of the student or other students on the bus. A school district shall provide a summary of such information to the driver.

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

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