The "Parental Rights Act" proposed in South Carolina seeks to establish and safeguard the fundamental rights of parents concerning their children's upbringing, education, healthcare, and overall welfare. The bill introduces a new Article 3 to Chapter 28, Title 59 of the South Carolina Code, affirming that parental rights are fundamental and should not be significantly burdened by the state unless there is a compelling state interest. It mandates the State Board of Education to set minimum standards for implementing these rights and requires local education agencies (LEAs) to create and enforce related policies. Additionally, the bill amends Section 63-5-340 to enhance requirements for parental consent for non-emergency medical treatment of minors and repeals existing provisions that allowed minors to consent to health services without parental approval.

Furthermore, the legislation establishes a process for parents to file complaints against LEAs and seek administrative remedies or civil action if necessary. It emphasizes parental involvement in educational decisions, ensuring access to children's educational records and the right to withdraw children from activities conflicting with their beliefs. The bill clarifies definitions of key terms, outlines circumstances for healthcare providers to render services to minors without parental consent, and preserves the Attorney General's authority to enforce compliance. The act will take effect on July 1, 2026, and applies only to actions occurring after June 30, 2026, while repealing certain existing sections of the South Carolina Code.

Statutes affected:
01/21/2026: 63-5-340, 63-5-350, 63-5-370
Latest Version: 63-5-340, 63-5-350, 63-5-370