Who Can Give Consent for a Student's Educational Program?

Parents and/or legal educational decision makers must be given Prior Written Notice and the request for consent whenever a school proposes to initate or change (or refuses to initiate or change) the identification, evaluation, placement or educational services of a child with a disability. Parents may then provide or withhold consent for decisions regarding these matters. Consent from one parent is sufficient, even if the other parent refuses to consent.
On or before the student's 17th birthday, the IEP of the student must contain a statement that the student has been informed that at age 18, he/she has attained the age of majority in South Carolina and all parent rights transfer to him/her. Thus, at age 18, students become their own educational decision makers.
The only situation in which rights do not transfer to the student at age 18 is when a court has judged the student to be unable to fulfill his/her responsibilities (determined the student to be incompetent). When this has occurred, the district must provide Prior Written Notice and obtain informed consent from the person whom the court has appointed as the legal guardian. Schools may provide parents information about other options and resources about this topic.

This Q and A was taken from South Carolina's Parent Rights in Special Education (Procedural Safeguards) p. 13.