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 access and review their children's educational and health records. Additionally, the bill creates a cause of action for parents to seek damages if their rights are violated.
The legislation also 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 stipulates that parents must be notified and give consent before their children participate in discussions related to gender identity or sexual orientation. The bill allows parents to file complaints regarding violations of these rights and provides a framework for addressing such complaints through the LEA's governing board. The Attorney General is granted the authority to enforce compliance with the provisions of this act.