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 a compelling state interest is demonstrated, 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 local education agencies (LEAs) to develop policies promoting parental involvement in schools.
The legislation also mandates that LEAs create procedures for parental access to educational materials and the ability to withdraw children from certain activities, particularly those related to gender identity and sexual orientation. Parents are granted the right to review educational records and submit complaints regarding violations of the act, with the possibility of pursuing legal action against the LEA if necessary. The Attorney General is empowered to enforce compliance with the provisions of the act. Overall, the bill emphasizes the importance of parental consent and involvement in the educational process while delineating the boundaries of state authority in these matters.