The "Parental Rights in Education Act" aims to enhance parental authority over their children's upbringing, education, healthcare, and mental health in South Carolina. The bill introduces a new Article 3 to Chapter 28, Title 59 of the South Carolina Code, which defines key terms such as "child," "curriculum," and "parent," and establishes that parents have the ultimate responsibility for their children's welfare. It prohibits the state from imposing substantial burdens on parental rights unless there is a compelling state interest, and it requires parental consent for various actions, including biometric scans and recordings of children. Additionally, the bill allows parents to assert claims for violations of these rights and outlines the process for addressing complaints regarding educational practices.
Furthermore, the bill mandates that local education agencies (LEAs) develop policies to promote parental involvement in schools, including procedures for parents to review curricula and withdraw their children from specific instruction related to gender identity or sexual orientation. It also provides parents access to their children's educational records and establishes a process for filing complaints against LEAs for violations of the act. The existing provisions of Chapter 28, Title 59 are reclassified as Article 1, "General Provisions," and the act will take effect upon the Governor's approval.