2017 South Carolina Code of Laws
Title 59 - Education
CHAPTER 33 - SPECIAL EDUCATION FOR HANDICAPPED CHILDREN
Section 59-33-80. Legislative declaration of policy as to residential and nonresidential programs.
The General Assembly declares that the public policy of this State is to provide, when feasible, the resources, assistance, coordination, and support necessary to enable the handicapped person to receive an education within the context of his home and community. Where individuals have previously been placed in residential treatment centers it is recognized that the services and programs to be provided under this article will offer new resources for the care and training of such individuals at home. The governing agencies of such residential programs are encouraged to investigate the resources to be provided by this article and, where appropriate, work closely with the family, guardian, or other responsible agent to effect the meaningful return of institutionalized persons to the more normal environment of their homes and communities. At the same time, the General Assembly directs responsible agencies administering residential programs not to view this article as reason for the indiscriminate return home of current institutional residents.
In no instance shall the governing agency of such residential center return a person to his home without the advance, written consent of his parent, guardian, or other responsible party.
However, where the parent, guardian, or other responsible party shall oppose the recommendation of the agency administering the residential program to return the individual to his home, the agency, based upon professional judgment, may place the individual in other nonresidential programs such as foster homes, community residences, halfway residences, or other similar services designed to promote the growth and development of the handicapped individual.
HISTORY: 1962 Code Section 21-295.17; 1972 (57) 2130.
Editor's Note
Pursuant to the directive in 2016 Act No. 242, Section 2, "article" was substituted for "chapter" in this section.
