South Carolina Fine Print: Diplomas, the Employability Credential and Transition at 13

In South Carolina, Planning for After School Starts at 13

The federal rule says the plan for life after school has to be in the IEP by 16, or earlier if the IEP team thinks it is appropriate. South Carolina makes it mandatory earlier. Its special education regulation puts the deadline at 13.

The regulation says: “Beginning not later than the first IEP to be in effect when the child turns 13 years, or younger if deemed appropriate by the IEP team, and updated annually thereafter, the IEP must include- 1. appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills” (S.C. Code Regs. 43-243)

That is three years of runway most families do not know they have. Roy's Ages 14 to 26 page and the federal fine print start at 16, and in South Carolina you can ask for this sooner.

Say: “My child is turning 13. What are the postsecondary goals and transition services in the IEP under South Carolina Regulation 43-243, and which adult agencies are being invited?”

The Diploma or the Credential: Decided Around Eighth Grade

South Carolina has a state credential for some students with disabilities, called the Employability Credential. It is not the same as a diploma, and the IEP team picks a direction early.

The regulation says: “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.” (S.C. Code Regs. 43-235)

Read that closely. The course of study follows the decision. So the choice made around eighth grade shapes what classes your child takes in high school. And it is revisited every year.

The Team Has to Look at the Diploma Path First

The regulation does not let the team simply pick the credential. It has to be based on information, and it has to come after looking at diploma options.

The regulation says: “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.” (S.C. Code Regs. 43-235)

And the regulation says it does not close the diploma door.

The regulation says: “Nothing contained in this regulation restricts any student from obtaining a state high school diploma.” (S.C. Code Regs. 43-235)

Say: “What data is the team using to recommend a diploma path or the Employability Credential, and what other program options did we consider that could lead to a diploma? Please put it in writing.”

The Credential Does Not End School Services

This is the part to look at next to the federal diploma trap on the three traps page. A regular diploma ends the school's duty. The South Carolina credential does not.

The regulation says: “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.” (S.C. Code Regs. 43-235)

FAPE is the free appropriate public education the school owes your child. The credential does not cut it off before 21.

You Get a Notice Every Year Saying It Is Not a Diploma

No one is supposed to hear “graduation” and assume a diploma. The school has to say so, in writing, every year.

The regulation says: “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.” (S.C. Code Regs. 43-235)

If you have not received that notice, ask for it.

What the Credential Takes

The credential requires substantial work. The regulation lists the pieces, including a lot of work experience.

The regulation says: “a student must complete a total of 24 earned units” (S.C. Code Regs. 43-235)

The regulation says: “Complete work-based learning/training that totals at least 360 hours” (S.C. Code Regs. 43-235)

If your child is headed that way, start the work experience early and ask the district how it counts hours.

Help Outside School That Starts Before You Leave

Disability Rights South Carolina's transition fact sheet (reviewed in 2022) points to two things many families miss. The state vocational rehabilitation agency has services for students that do not require an application first. The fact sheet is from 2022, so confirm the details are current.

Disability Rights South Carolina says: “Pre-ETS are important in preparing students for life after school. They are available without the need to apply for VR services.” (Disability Rights South Carolina, School Transition Services)

And there are college programs in South Carolina for students with intellectual disabilities.

Disability Rights South Carolina says: “College of Charleston REACH, Carolina LIFE, Clemson LIFE, Coastal Carolina LIFE, and Winthrop Think College are college programs in South Carolina for students with intellectual disabilities.” (Disability Rights South Carolina, School Transition Services)

These programs were listed by Disability Rights South Carolina in 2022. Confirm that they are still open, and what they cost, before you plan around them.

A Way to Ask That Works

Start at the IEP meeting before 13, and ask for each answer in writing. Disability Rights South Carolina and Family Connection of South Carolina can look over a transition plan for free. These regulations change, so check the sources linked below.