The "Parental Rights in Education Act" aims to establish and protect the rights of parents in directing the upbringing, education, healthcare, and mental health of their children in South Carolina. The bill introduces a new Article 3 to Chapter 28, Title 59 of the South Carolina Code, which explicitly states that parents have the ultimate responsibility for their children's welfare and prohibits the state from imposing substantial burdens on these parental rights. It requires the state to obtain parental consent in specific situations, such as for biometric scans or recordings of children, and allows parents to assert claims for violations of these rights in court, with provisions for compensatory damages and attorney's fees.
Additionally, the bill mandates that local education agencies (LEAs) develop policies to enhance parental involvement in schools, including procedures for parents to review curricula and withdraw their children from certain activities. It also establishes a process for parents to file complaints regarding violations of their rights, which must be investigated by the LEA. 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.