Definition of a Parent In South Carolina

Sometimes I get invitation letter questions about situations where the parents of a student with a disability are divorced and one parent has custody and the other doesn't or the student is in custody of an organization or individual rather than the biological parents. I am hoping this state definition of a "Parent" will help in choosing who to include on an invitation letter.

B. DEFINITION OF PARENT

LEA personnel must determine the appropriate person(s) to make educational decisions on behalf of the child. Those individuals have a right to receive notice, give or revoke consent, file formal complaints, request mediation, file for a due process hearing, give or deny permission for release of records, etc.

In South Carolina “parent” is defined as:

a) Parent means
(1) A biological or adoptive parent of a child;
(2) A foster parent, unless state law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;
(3) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the state if the child is a ward of the State);
(4) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or
(5) A surrogate parent who has been appointed in accordance with 34 C.F.R. § 300.519 of the IDEA. (S.C. Code Ann. § 63-1-40 (2008))

If there is more than one party qualified to act as parent and the biological or adoptive parent attempts to act as the parent the biological or adoptive parent must be presumed to be the parent and legal decision-makers unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. A judge may decree or order a person acting as a parent or legal guardian to act as the “parent” to make educational decisions about the child. The LEA must recognize this person(s) as the legal decision maker for the child. (34 C.F.R. § 300.30 (b)(1)(2)).