Bill > H5253

This bill establishes limitations and safeguards for the use of artificial intelligence (AI), defined as software performing tasks requiring human intelligence like machine learning or automated decision-making, and generative AI, which creates new content, in South Carolina public schools. It mandates that school entities, which include public schools, charter schools, and districts, must obtain written, opt-in parental consent before students use AI in instruction or school activities, and annually inform parents about the AI tools in use, their vendors, the types of student data collected and shared, and the educational purpose. Parents can revoke consent at any time, and students who opt-out will not face academic penalties or be denied access to core curriculum. The bill explicitly states that AI cannot replace licensed teachers for core instruction or final grading, nor can it be used for profiling students based on beliefs, conducting psychological assessments without consent, or making automated disciplinary or placement decisions without human review; any AI-generated instructional content must be teacher-approved. Furthermore, AI systems must collect only necessary student data, which remains the property of the student and parent, cannot be sold or used for commercial purposes, and must be deleted within a defined period, with strict rules against collecting biometric data without specific parental consent. Schools must also have policies for student use of generative AI, and students can only use it for graded assignments if a teacher expressly authorizes it for a defined instructional purpose. The bill requires public information on approved AI tools, prompt notification of data breaches, and makes compliance a condition for state funding, with penalties for violations and avenues for parents to seek legal remedies.

Education

https://www.scstatehouse.gov/billsearch.php?billnumbers=5253&session=126&summary=B