A bill

to amend the South Carolina Code of Laws by enacting the "South Carolina Transparency and Integrity in Education Act"; BY ADDING ARTICLE 5 TO CHAPTER 29, TITLE 59 SO AS TO EXPRESS RELATED INTENTIONS OF THE GENERAL ASSEMBLY, TO PROVIDE NECESSARY DEFINITIONS, TO PROHIBIT CERTAIN CONCEPTS FROM BEING INCLUDED IN PUBLIC SCHOOL INSTRUCTION AND PROFESSIONAL DEVELOPMENT, TO PROVIDE MEANS FOR ADDRESSING VIOLATIONS, AND TO PROVIDE PROCEDURES FOR PUBLIC REVIEW OF PUBLIC SCHOOL CURRICULUM AND INSTRUCTIONAL MATERIALS; and by amending Section 59-28-180, relating to PARENTAL EXPECTATIONS IN THE PARENTAL INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT, so as to PROVIDE PARENTS ARE EXPECTED TO BE THE PRIMARY SOURCE OF THE EDUCATION OF THEIR CHILDREN REGARDING MORALS, ETHICS, AND CIVIC RESPONSIBILITY, AND TO PROVIDE A PARENTAL PLEDGE OF EXPECTATIONS MUST BE PROVIDED TO PARENTS AS PART OF THE REGISTRATION AND ENROLLMENT PROCESS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   This act may be cited as the "South Carolina Transparency and Integrity in Education Act".

SECTION 2.   Chapter 29, Title 59 of the S.C. Code is amended by adding:

   Article 5

   Academic Transparency and Integrity

   Section 59-29-600.   (A)   It is the intent of the General Assembly that:

      (1)   all students learn in a positive learning environment where they are made to feel welcomed, supported, and respected;

      (2)   high school students graduate having learned critical thinking skills and being college ready and career ready;

      (3)   teachers, faculty, and staff strive to provide the best educational opportunity possible to their students;

      (4)   the State Department of Education, State Board of Education, and Education Oversight Committee regularly review, revise, and publish statewide academic standards that are fair, thorough, and respectful of teachers and students;

      (5)   statewide academic standards, especially in social studies, remain well written to help ensure that complete histories of South Carolina and the United States are offered to students;

      (6)   administrators, teachers, parents, students, and the local community share the responsibility for helping students obtain the best education possible;

      (7)   ideological and viewpoint biases should not be presented as fact to students who receive instruction in public school;

      (8)   parents and students can raise awareness and have their concerns about objectionable material heard and addressed whenever a topic is presented in a way that is biased toward one ideology;

      (9)   administrators, teachers, and parents work to remove ideological biases from the pre-Kindergarten to grade twelve school setting; and

      (10)   this State ultimately is seen as a model for comprehensive, fair, and factual instruction.

   (B)   The General Assembly further states its intent that:

      (1)   students:

         (a)   treat teachers, aides, faculty, staff, volunteers, and their fellow students with respect, dignity, and kindness; and

         (b)   strive to do their best as they grow and learn;

      (2)   parents:

         (a)   engage with their children's school to ensure that teachers and staff are supported; and

         (b)   strive to make certain that students come to school prepared to learn and act in a way that leads to a positive school environment;

      (3)   teachers:

         (a)   strive to educate all students in a way that makes them feel welcomed, encouraged, and appreciated;

         (b)   work closely with parents to ensure that students are given opportunities to grow and learn;

      (4)   principals and other administrators provide support and guidance to teachers and students, and the observation, mentoring, and training of teachers is a constant and ongoing activity;

      (5)   superintendents and district level staff ensure that schools are given the assistance and resources needed to assist in teaching and learning for both students and teachers;

      (6)   local school boards of trustees:

         (a)   be vested in, and aware of, district and school operations;

         (b)   function in an open and transparent manner to ensure that schools operate efficiently and effectively;

         (c)   seek and value input from teachers; and

         (d)   encourage greater parental engagement; and

      (7)   communities:

         (a)   support local schools; and

         (b)   foster environments that support students, parents, teachers, faculty, and staff.

   Section 59-29-610.   For purposes of this article:

   (1)   "LEA" means a local education agency, to include the sponsor of a public charter school pursuant to Section 59-40-40, and the:

      (a)   Governor's School for the Arts and Humanities;

      (b)   Governor's School for Agriculture at John de la Howe;

      (c)   Special School of Science and Mathematics, also referred to as the Governor's School for Science and Mathematics;

      (d)   Wil Lou Gray Opportunity School; and

      (e)   South Carolina School for the Deaf and the Blind.

   (2)   "Parent" means the biological parent, stepparent, legal custodian, or other person responsible for the welfare of a child in a parental capacity, excluding an individual whose parental relationship to the child has been legally terminated.

   Section 59-29-620.   (A)   The following prohibited concepts may not be included or promoted in a course of instruction, curriculum, assignment, instructional program, instructional material (including primary or supplemental materials, whether in print, digital, or online), surveys or questionnaires, or professional educator development or training, nor may a student, employee, or volunteer be compelled to affirm, accept, adopt, or adhere to such prohibited concepts:

      (1)   one race, sex, ethnicity, color, or national origin is inherently superior to another race, sex, ethnicity, color, or national origin;

      (2)   an individual, by virtue of the race, sex, ethnicity, religion, color, or national origin of the individual, inherently is privileged, racist, sexist, or oppressive, whether consciously or subconsciously;

      (3)   an individual should be discriminated against or receive adverse treatment because of the race, sex, ethnicity, religion, color, or national origin of the individual;

      (4)   the moral character of an individual is determined by the race, sex, ethnicity, religion, color, or national origin of the individual;

      (5)   an individual, by virtue of the race or sex of the individual, bears responsibility for actions committed in the past by other members of the same race, sex, ethnicity, religion, color, or national origin;

      (6)   meritocracy or traits such as a hard work ethic:

         (a)   are racist, sexist, belong to the principles of one religion; or

         (b)   were created by members of a particular race, sex, or religion to oppress members of another race, sex, ethnicity, color, national origin or religion; and

      (7)   fault, blame, or bias should be assigned to race, sex, ethnicity, religion, color, or national origin, or to members of a race, sex, ethnicity, religion, color, or national origin because of their race, sex, ethnicity, religion, color, or national origin.

   (B)   Library and media center material, both printed and electronically accessible, must be age appropriate and grade appropriate.

   (C)   A student, administrator, teacher, staff member, other school or district employee, or volunteer may not be required to engage in any form of mandatory gender or sexual diversity training or counseling unless it is prescribed as part of a corrective action plan pursuant to Section 59-29-630(J).

   (D)   Instruction or instructional materials which create a narrative that the United States was founded for the purpose of oppression, that the American Revolution was fought for the purpose of protecting oppression or that United States history is a story defined by oppression is hereby prohibited. Notwithstanding subsection (A), LEAs are not prohibited from including concepts as part of a course of instruction, in a curriculum or instructional program, or using supplemental instructional materials if those concepts involve:

      (1)   the history of an ethnic group, as described in the South Carolina State Standards and instructional materials adopted pursuant to the South Carolina Code of Regulations 43-70 (Textbook Adoption);

      (2)   the impartial discussion of controversial aspects of history; or

      (3)   the impartial instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region.

   (E)   The department shall create and make accessible model lesson plans for LEAs to utilize in all grades and subject areas.

   Section 59-29-630.   The department shall create a complaint form, which LEAs shall prominently post on their website, for use when an individual files a complaint alleging violations of Section 59 29 620. At a minimum, the department must ensure the complaint form includes:

   (1)   the name and contact information of the complainant;

   (2)   the name of the school in which the alleged violation took place;

   (3)   a brief description of the prohibited concept at issue;

   (4)   a brief statement on why the concept at issue is a prohibited concept;

   (5)   the name of the individual alleged to have included or promoted the prohibited concept;

   (6)   the name of the individual who may have knowledge of the allegations;

   (7)   a list of documentation or materials supporting the complainant's allegations, including copies of such documentation where possible;

   (8)   the approximate date on which the prohibited concept was included or promoted; and

   (9)   location, either physical or virtual, of the printed or electronically available material.

   Section 59-29-640.   (A)(1)   Each LEA shall:

         (a)   provide a statement on its website announcing the rights of parents to review curriculum and other material under the Protection of Pupil Rights Amendment as contained in 20 U.S.C. Section 1232h;

         (b)   provide annual notice of Section 59-29-620 to staff, students, and parents;

         (c)   ensure compliance with Section 59-29-620 by investigating suspected violations and complaints alleging violations as provided in this article;

         (d)   post the complaint form provided by the department pursuant to Section 59-29-630 for filing a complaint to allege a violation of Section 59-29-620 on the website of the LEA;

         (e)   prohibit retaliation for filing a complaint or participating in an investigation;

         (f)   obtain written consent from a parent prior to the participation of a minor student in the investigative process, including consent for the minor to be interviewed;

         (g)   provide instructions for filing an appeal of the LEA determination with the department in a written determination to an eligible complainant; and

         (h)   before July 1, 2025, and each year thereafter, provide a report to the department containing a summary of the:

            (i)      number of complaints filed with a description of the nature of each complaint;

            (ii)   number of complaints closed;

            (iii)   number of complaints pending;

            (iv)   number of resolution agreement