The "Parental Rights Act" seeks to affirm and define the fundamental rights of parents in South Carolina concerning their children's upbringing, education, healthcare, and welfare. It introduces a new Article 3 to Chapter 28, Title 59 of the South Carolina Code, which grants parents the authority to direct their child's education and healthcare decisions, access educational records, and consent to the collection of biometric data. The bill mandates the State Board of Education to set minimum standards for these parental rights and requires local education agencies (LEAs) to adopt relevant policies. It also clarifies and expands the requirements for parental consent for nonemergency medical treatment of minors while repealing existing provisions that allowed health services to minors without parental consent.

Furthermore, the bill establishes procedures for parents to report and resolve alleged violations of their rights by LEAs, including a complaint filing process and the option to pursue a private cause of action in circuit court after exhausting administrative remedies. It emphasizes that parental rights are fundamental and cannot be significantly burdened by the state without a compelling interest. The legislation allows the Attorney General to investigate complaints and seek voluntary compliance, while also providing parents the ability to file civil suits for declaratory or injunctive relief if necessary. The act clarifies the definition of a minor and the conditions under which parental consent is required for healthcare services, with specific exceptions, and it will take effect on July 1, 2026, while repealing certain sections of the South Carolina Code.

Statutes affected:
Latest Version: 63-5-340, 63-5-350, 63-5-370