Required IEP Sections in South Carolina
What sections are required in an IEP in South Carolina?
South Carolina IEPs must contain all components required by federal law (34 CFR 300.320) plus additional elements mandated by State Board of Education Regulation 43-243 and S.C. Code Ann. § 59-33-30. The IEP must include: (1) present levels of academic achievement and functional performance; (2) measurable annual goals; (3) special education, related services, supplementary aids and services; (4) an explanation of the extent to which the child will not participate with nondisabled peers; (5) assessment accommodations or alternate assessment participation; (6) projected start dates, frequency, location, and duration of services; and (7) how progress toward annual goals will be measured and reported to parents. South Carolina adds several unique mandatory elements: transition services must be included beginning with the first IEP to be in effect when the child turns 13 — three years earlier than the federal minimum of age 16 (Reg. 43-243, Section III.G). An Individual Graduation Plan (IGP) must be developed for all students by the end of 8th grade, and for students with IEPs the IGP must incorporate relevant IEP components (S.C. Code Ann. §§ 59-59-90, 59-59-140). On or before the student's 17th birthday, the IEP must contain a statement that the student has been informed that at age 18, all parent rights transfer to the student (Reg. 43-243; S.C. Code Ann. § 59-33-320). Short-term objectives or benchmarks are required only for students who take alternate assessments aligned to alternate achievement standards, consistent with federal requirements.
What South Carolina Requires
The IEP must include present levels of academic achievement and functional performance, describing how the disability affects involvement in the general education curriculum (Reg. 43-243; 34 CFR 300.320(a)(1)).
Measurable annual goals must be included; short-term objectives or benchmarks are required only for students taking alternate assessments aligned to alternate achievement standards (Reg. 43-243; 34 CFR 300.320(a)(2)).
The IEP must specify all special education, related services, supplementary aids and services, program modifications, and support for school personnel, including projected start date, frequency, location, and duration (Reg. 43-243; 34 CFR 300.320(a)(4), (a)(7)).
Transition services must be included beginning with the first IEP to be in effect when the child turns 13 — this is a South Carolina-specific requirement that exceeds the federal minimum of age 16 (Reg. 43-243, Section III.G; S.C. Code Ann. § 59-33-360).
An Individual Graduation Plan (IGP) must be developed for all students by the end of 8th grade; for students with IEPs, the IGP must incorporate relevant IEP components and be approved by a certified guidance counselor and parents (S.C. Code Ann. §§ 59-59-90, 59-59-140).
On or before the student's 17th birthday, the IEP must include a statement that the student has been informed that at age 18, IDEA rights transfer to the student under the Adult Students with Disabilities Educational Rights Consent Act (S.C. Code Ann. §§ 59-33-310 to 59-33-370; Reg. 43-243).
The IEP must specify whether the child will participate in general state assessments with accommodations or in the South Carolina alternate assessment (SC-Alt), and if alternate, why the regular assessment is not appropriate (34 CFR 300.320(a)(6)).
Key Timelines
An IEP must be developed within 30 calendar days after the evaluation determines the student is eligible for special education (Reg. 43-243; 34 CFR 300.323(c)).
The IEP must be reviewed and revised at least once every 12 months (34 CFR 300.324(b)).
The IEP must be in effect at the beginning of each school year (34 CFR 300.323(a)).
For transfer students from within South Carolina, the receiving LEA must provide comparable services and develop a new IEP within a reasonable time (34 CFR 300.323(e)).