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 and allows parents to take legal action if their rights are violated. The bill also outlines definitions for key terms such as "child," "curriculum," and "parent," and emphasizes that all parental rights are reserved without interference from the state.
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 stipulates that parents must be notified and give consent before their children participate in discussions related to gender identity or sexual orientation. The existing provisions of Chapter 28, Title 59 are reclassified as Article 1, "General Provisions." The act will take effect upon the Governor's approval.