summary
Introduced
01/21/2026
01/21/2026
In Committee
01/21/2026
01/21/2026
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 Act"; By Adding Article 3 To Chapter 28, Title 59 So As To Define Terms Pertaining To Parental Rights In Education; To Affirm And Enumerate The Fundamental Rights Of Parents To Direct The Upbringing, Education, Healthcare, And General Welfare Of Their Children; To Require The State Board Of Education To Adopt Minimum Standards To Implement Parental Rights; To Require Local Education Agencies To Adopt And Implement Related Policies; To Establish Administrative Procedures For The Investigation And Resolution Of Alleged Violations; And To Provide For A Limited Private Cause Of Action Upon Exhaustion Of Administrative Remedies; By Amending Section 63-5-340, Relating To A Minor's Consent To Health Services, So As To Define Terms Pertaining To A Minor's Consent To Health Services, To Expand Requirements For Parental Consent For Nonemergency Medical Treatment Of Minors, And To Provide Procedures And Remedies For Violations Alleged By Parents; By Designating The Existing Provisions Of Chapter 28, Title 59 As "general Provisions"; By Repealing Section 63-5-350 Relating To Health Services Provided To Minors Without Parental Consent; And By Repealing Section 63-5-370 Relating To The Provision That Any Consent Given Pursuant To This Article Shall Not Be Subject To Disaffirmance Because Of Minority When Such Minor Reaches Majority.
AI Summary
This bill, titled the "Parental Rights Act," establishes and affirms fundamental rights for parents in South Carolina concerning their children's upbringing, education, healthcare, and general welfare, asserting that these rights are exclusive to parents and should not be obstructed by the state. It mandates that the State Board of Education create minimum standards for implementing these parental rights, and that Local Education Agencies (LEAs), which are local school districts or similar entities, must develop and enact their own policies to comply, including procedures for parents to review curriculum and teacher materials, be notified of certain school activities, and withdraw their children from instruction they deem harmful. The bill also outlines administrative procedures for parents to report alleged violations of these rights, first to the LEA and then to the State Board of Education, with the option to pursue a private lawsuit in court only after exhausting these administrative remedies. Additionally, it amends existing law regarding a minor's consent to health services, generally requiring parental consent for non-emergency medical treatment for minors, with specific exceptions for emergencies and certain other situations, and repeals previous laws that allowed minors to consent to health services without parental permission under certain circumstances. The provisions of this act are set to take effect on July 1, 2026.
Committee Categories
Education
Sponsors (2)
Last Action
Referred to Committee on Education (on 01/21/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=0840&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/840_20260121.htm |
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