Bill

Bill > S0243


SC S0243

Parental Rights in Education


summary

Introduced
01/16/2025
In Committee
01/16/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws So As To Enact The "parental Rights In Education Act"; By Adding Article 3 To Chapter 28, Title 59, So As To Recognize That Parents Have The Ultimate Responsibility To Direct The Upbringing, Education, Healthcare, And Mental Health Of Their Children, To Prohibit The State From Substantially Burdening Those Parental Rights, To Require The State To Obtain Parental Consent In Certain Circumstances, To Create A Cause Of Action For Violation Of The Chapter, And To Provide Necessary Definitions; And To Designate The Existing Provisions Of Chapter 28, Title 59, As Article 1 Entitled "general Provisions."

AI Summary

This bill, known as the "Parental Rights in Education Act", establishes comprehensive legal protections for parents' rights regarding their children's education, healthcare, and personal information in South Carolina. The legislation defines parents broadly as biological, adoptive, or legal guardians and provides them with extensive rights, including directing their child's upbringing, accessing educational and medical records, making healthcare decisions, and having a say in curriculum and school activities. The bill requires local education agencies to develop policies that promote parent involvement, such as allowing parents to review curriculum, learn about extracurricular activities, and withdraw their children from specific instructions they find objectionable, particularly those related to gender identity, sexual orientation, or topics that might conflict with their religious or moral beliefs. The law prohibits state employees from withholding information from parents or encouraging children to keep secrets and creates a legal mechanism for parents to file complaints or lawsuits if they believe their rights have been violated, with potential remedies including monetary damages, injunctive relief, and attorney's fees. Importantly, the bill stipulates that these parental rights can only be restricted if the state can demonstrate a compelling state interest and uses the least restrictive means possible, while explicitly stating that the law does not protect or allow child abuse and does not apply to decisions about ending life.

Committee Categories

Education

Sponsors (3)

Last Action

Scrivener's error corrected (on 01/28/2025)

bill text


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