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 these parental rights without demonstrating a compelling state interest and mandates that parental consent is required 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 against local education agencies (LEAs).
Furthermore, the bill requires each LEA to develop policies promoting parental involvement, including procedures for parents to review curricula and withdraw their children from specific instruction related to sensitive topics such as gender identity and sexual orientation. It also stipulates that parents must be notified in advance and give consent before their children participate in such instruction. 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.