IEP Process

Age of Majority

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 or 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 all rights do not automatically transfer to the student at age 18 is when a court has judged the student to be unable to fulfill his or her responsibilities (determined the student to be “incompetent”). When this has occurred, the district must provide PWN and obtain informed consent from the person whom the court has appointed as the legal guardian.

A Notice of Transfer of Rights at Age of Majority is required:

• when the student turns 17 during the effective dates of the IEP


• upon a student’s Initial Eligibility Determination if he/she is age 17 or older during the effective dates of the IEP


• upon a student’s enrollment in GCS as a student with a disability who has an IEP if he/she is age 17 or older during the effective dates of the IEP