2016 South Carolina Code of Laws
Title 44 - Health
CHAPTER 26 - RIGHTS OF CLIENTS WITH INTELLECTUAL DISABILITY
Section 44-26-190. Department of Education to develop and utilize most current methods of education and training of clients; rights of school-aged clients to appropriate education.

(A) The State Department of Education shall seek to develop and utilize the most current and promising methods for the education and training of people with intellectual disability. It shall utilize the assistance, service, and findings of other state and federal agencies.

(B) School-aged clients with intellectual disability have the right to an appropriate education regardless of the degree of retardation or accompanying disabilities as provided in Public Law 94-142, the Education of Handicapped Children Act. Placement of a school-aged person with intellectual disability in a facility of the department does not preclude his attendance in community-based public schools. It is the goal of each intellectual disability facility to effect a move of each resident client from facility-based educational programs to community-based public schools.

HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.

Editor's Note

2011 Act No. 47, Section 13, provides as follows:

"SECTION 13. In Sections 1 through 6 of this act, the terms 'intellectual disability' and 'person with intellectual disability' have replaced and have the same meanings as the former terms 'mental retardation' and 'mentally retarded'."

Effect of Amendment

The 2011 amendment substituted "intellectual disability" for "mental retardation" in subsections (A) and (B), and in subsection (B) substituted "clients with intellectual disability" for "mentally retarded clients" and "person with intellectual disability" for "mentally retarded person".