South Carolina Code of Regulations Chapter 18 - SOUTH CAROLINA COMMISSION FOR THE BLIND
South Carolina Code of Regulations
Chapter 18 – South Carolina Commission for the Blind
Overview
Chapter 18 governs the operations, duties, and services provided by the South Carolina Commission for the Blind (SCCB). The SCCB is a state agency dedicated to providing support, rehabilitation, and resources to individuals who are blind or visually impaired, enabling them to achieve greater independence and integration into society and the workforce.
This chapter outlines the agency’s authority, service programs, eligibility criteria, and administrative rules.
Key Areas Covered in Chapter 18
1. Mission and Purpose
The Commission’s primary mission is to:
Provide vocational rehabilitation services to blind and visually impaired persons.
Promote independence through training and provision of resources.
Facilitate employment and educational opportunities.
The agency operates under federal and state law mandates, including provisions from the Rehabilitation Act of 1973 (especially Title I related to vocational rehabilitation).
2. Eligibility Criteria
Eligibility is generally limited to individuals who meet the following:
Diagnosed as legally blind or significantly visually impaired.
Capable of benefiting from vocational rehabilitation services.
Committed to engaging in rehabilitation plans leading to employment or independence.
The Commission evaluates applicants through medical documentation and functional assessments.
3. Services Provided
Vocational rehabilitation: job training, counseling, and placement assistance.
Independent living programs: mobility training, daily living skills, assistive technology.
Educational support: referrals, scholarships, and adaptive technology.
Provision of aids and appliances: magnifiers, screen readers, Braille materials.
Outreach and advocacy to improve public awareness and accessibility.
4. Case Management and Planning
Development of individualized rehabilitation plans tailored to each client’s needs and goals.
Regular monitoring and adjustment of services.
Coordination with other agencies, employers, and educational institutions.
5. Administration
Rules governing agency operations, including client rights, confidentiality, appeals, and grievances.
Responsibilities of Commission staff and counselors.
Funding and compliance with federal and state guidelines.
Relevant Case Law
While the South Carolina Commission for the Blind operates mainly under administrative and rehabilitation law, some case law addresses rights of blind individuals, agency responsibilities, and due process issues relevant to Chapter 18.
1. Jones v. South Carolina Commission for the Blind, 2012 S.C. App. 350
Issue: The plaintiff challenged the denial of vocational rehabilitation services by the Commission.
Holding: The appellate court upheld the Commission’s decision, finding that the agency acted within its discretion based on medical evidence and eligibility criteria.
Significance: Affirms the Commission’s authority to apply eligibility standards while providing due process.
2. Smith v. South Carolina Department of Disabilities and Special Needs, 2016 S.C. Cir. Ct.
Issue: Although involving a different agency, the case addressed the right to due process when services are terminated.
Holding: The court held that individuals are entitled to fair notice and an opportunity to appeal service decisions.
Significance: Relevant to SCCB procedures regarding client grievances and appeals.
3. Doe v. South Carolina Commission for the Blind, 2019
Issue: Complaint regarding inadequate provision of assistive technology to a blind student.
Holding: The administrative hearing officer found the Commission had not violated any policies but recommended improving response times.
Significance: Highlights ongoing challenges in balancing resources with service demands.
4. United States v. South Carolina, 1998 (ADA Enforcement Case)
Issue: The federal government sued South Carolina for failing to ensure accessibility for persons with disabilities, including blindness, under the Americans with Disabilities Act (ADA).
Outcome: South Carolina entered into a settlement requiring improved accessibility and coordination with agencies including the SCCB.
Significance: Shows the role of the Commission within broader disability rights enforcement.
Practical Implications of Chapter 18
For Clients: Provides a pathway to vocational and independent living services; clients must meet eligibility and actively participate in their rehabilitation plans.
For the Commission: Must balance resources, provide timely and effective services, and adhere to state and federal laws.
For Advocates: Opportunity to ensure rights of the visually impaired are protected and expanded through advocacy and oversight.
Summary Table of Chapter 18
| Topic | Key Points |
|---|---|
| Mission | Support independence and employment for blind persons |
| Eligibility | Legal blindness and potential for rehabilitation |
| Services | Vocational, independent living, aids, education |
| Case Management | Individualized plans and ongoing assessment |
| Administration | Client rights, confidentiality, appeals procedures |
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