South Carolina Code of Regulations
Chapter 43 - STATE BOARD OF EDUCATION
Article 19 - INSTRUCTIONAL PROGRAM
Section 43-235 - Employability Credential for Students with Disabilities
Universal Citation: SC Code Regs 43-235
Current through Register Vol. 48, No. 3, March 22, 2024
A. Introduction and Purpose.
(1) This regulation, as governed by S.C. Code
Ann. Section
59-39-100,
will promulgate the program components and criteria for a state-recognized
Employability Credential for applicable students with disabilities for whom
such a credential is appropriate.
(2) Pursuant to the regulatory requirements
of Section
59-39-100,
beginning in the 2018-19 school year, students with disabilities entering grade
nine may attain a uniform diploma through one of the recognized personalized
pathways; or may attain a uniform Employability Credential. Nothing contained
in this regulation restricts any student from obtaining a state high school
diploma. Nothing contained in this regulation restricts local school boards of
trustees from awarding students with a certificate of attendance for students
with disabilities who do not meet the requirements for earning either a state
high school diploma or an Employability Credential.
(3) Beginning no earlier than the end of the
child's eighth grade academic school year, or later if deemed appropriate by
the student's individualized education program (IEP) team, and updated annually
thereafter, the IEP team must determine if the child's expected high school
outcome will be to attain a state high school diploma or a state-recognized
Employability Credential. The course of study identified in the IEP must match
this determination.
(4) The South
Carolina Department of Education (SCDE), as the state educational agency (SEA);
all local educational agencies (LEAs); all state-operated programs (SOPs); and
all other public programs providing special education and related services as
outlined in the Individuals with Disabilities Education Act (IDEA) must follow
and comply with all statutory and regulatory requirements of the IDEA as
outlined in
20 U.S.C. Section
1400 et seq., and the Code of Federal
Regulations (C.F.R.), Chapter 34, Part 300. In addition to the statutory and
regulatory requirements, this regulation further delineates requirements for
attaining a state-recognized Employability Credential.
B. Definitions.
(1) Employability Credential is defined as a
state-recognized certificate which demonstrates a student has completed
requirements indicating the student has developed skills and knowledge to
prepare him or her for postsecondary employment and/or education as well as,
community-based living, as appropriate.
(2) Work-based learning/training is defined
as a paid or an unpaid opportunity to develop work skills, work expectations,
and work behaviors. Work-based learning/training can occur in a school (e.g.,
school-based) and/or community setting (e.g., community-based).
(3) Competitive employment as described in
34 C.F.R. Section
361.5(b) (l 1) means work-
(a) To be in the competitive labor market
that is performed on a full-time or part-time basis in an integrated setting
which is a setting that consists of individuals who are not disabled that are
in comparable positions as the individual with a disability; and
(b) For which an individual is compensated at
or above the minimum wage, but not less than the customary wage and level of
benefits paid by the employer for the same or similar work performed by
individuals who are not disabled.
(4) Employability education is defined as
instruction, services, and supports that will prepare the student to attain a
job after completion of the Employability Credential. This will encompass
career exploration, vocational education, functional skill development needed
for the work place, and a focus on job-readiness skills. Employability
education may include Career and Technical Education programs and
services.
(5) Work readiness
assessment is defined as a formal assessment (e.g., norm-referenced or
criterion-referenced) that measures a student's skills set in relation to
skills that are necessary for competitive employment in the
community.
C. Requirements.
(1) Minimal Course
Requirements: The Employability Credential is designed for students with
disabilities for whom the IEP team determines mastery of a career-based
educational program (that includes academics, independent work experience,
daily living skills, and self-determination skill competencies) is the most
appropriate way to demonstrate his or her skills and provide a free appropriate
public education (FAPE). To attain the Employability Credential, the student
must meet the graduation requirements of one unit of physical education/health
(or equivalent) and one unit of technology course; a student must adhere to the
local attendance policy; and a student must complete a total of 24 earned units
that include the following:
(a) Course work
aligned with the South Carolina College and Career-Ready Standards for English
Language Arts (four units), Mathematics (four units), Science (two units), and
Social Studies (two units);
(b)
Four units of Employability Education; and
(c) Six electives.
(2) Minimal Required Components: In addition
to completing coursework outlined in Section A above, to receive an
Employability Credential, a student must:
(a)
Complete a career portfolio that includes a multimedia presentation
project;
(b) Obtain work readiness
assessment results that demonstrate the student is ready for competitive
employment; and
(c) Complete
work-based learning/training that totals at least 360 hours, in which:
(i) Work-based learning/training may be
school-based, community-based, and/or paid or unpaid employment;
(ii) Work-based learning/training must be
aligned with the student's interests, preferences, and postsecondary goals and
individual graduation plan; and
(iii) Paid employment must be at a minimum
wage or above and in compliance with the requirements of the Federal Fair Labor
Standards Act.
(3) LEA/SOP Requirements.
(a) The LEA and SOP must develop and maintain
policies and procedures related to the state-recognized Employability
Credential. This must include mechanisms for monitoring students' progress
toward attainment of the Employability Credential and mechanisms for monitoring
proportionate numbers of Employability Credentials relative to the LEAs or
SOPs' students with disabilities child count and graduation rate.
(b) The decision to accept the Employability
Credential does not relieve the LEA or SOP from providing a FAPE to the student
until age 21 as defined in R.
43-243(III)(C)
or until the student receives a regular high school diploma as defined in S.C.
Code Ann. Section
59-39-100.
(c) The LEA or SOP must explain and provide
annual written notice to the parent, guardian, or adult student that the
Employability Credential is not a state high school diploma. For the purposes
of this part, an adult student is defined as a student who has reached the age
of majority as defined in Reg.43-243(III)(F)(1).
(d) An IEP team's decision to identify the
Employability Credential as the student's expected high school outcome must be
based on data to include, but not be limited to, longitudinal information of
student grades, standardized achievement assessments, informal and formal
transition assessments, adaptive behavior assessments, and work readiness
assessments. The decision must be made only after the IEP team considers a
continuum of program options that may allow the student to pursue a
diploma.
D. Monitoring, Enforcement, and Program Information.
(1) The SEA will develop and maintain
policies, procedures, and guidance documents (to include a rubric and
guidelines used to identify and assess the employability skills of the
students) that are based on appropriate standards as related to the
Employability Credential. Mechanisms for overseeing attainment of the
Employability Credential shall be in place to monitor proportionate
distribution of the Employability Credentials relative to the LEAs or SOPs'
students with disabilities child count and to ensure that students with
disabilities receive a FAPE.
(2)
State Monitoring. As outlined in
34 C.F.R. Sections
300.600 et seq., and provided for by the
IDEA, the state shall monitor the implementation of educational programs for
students with disabilities.
(3)
Enforcement. The state retains all rights for enforcement of this regulation
and of all other applicable federal and state statutes, regulations, policies,
and procedures related to the education of students with disabilities,
including but not limited to the IDEA, the Every Student Succeeds Act, the
Education Department General Administrative Regulation in
2 C.F.R. Section
200.300.
(4) The South Carolina State Board of
Education authorizes the SCDE to develop and propose special education policies
and procedures as necessary to meet these and other applicable federal
requirements.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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