A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PARENTAL RIGHTS ACT" BY ADDING ARTICLE 3 TO CHAPTER 28, TITLE 59, TO AFFIRM AND ENUMERATE THE FUNDAMENTAL RIGHTS OF PARENTS TO DIRECT THE UPBRINGING, EDUCATION, HEALTHCARE, AND GENERAL WELFARE OF THEIR CHILDREN, TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT MINIMUM STANDARDS TO IMPLEMENT PARENTAL RIGHTS AND A RELATED MODEL PARENTAL RIGHTS POLICY, TO PROVIDE LOCAL EDUCATION AGENCIES SHALL ADOPT AND IMPLEMENT RELATED POLICIES, TO ESTABLISH ADMINISTRATIVE PROCEDURES FOR THE INVESTIGATION AND RESOLUTION OF ALLEGED VIOLATIONS, TO PROVIDE FOR A LIMITED PRIVATE CAUSE OF ACTION UPON EXHAUSTION OF ADMINISTRATIVE REMEDIES, AND TO DEFINE NECESSARY TERMS, AMONG OTHER THINGS; BY AMENDING SECTION 63-5-340, RELATING TO MINOR CONSENT FOR HEALTH SERVICES, SO AS TO CLARIFY, STRENGTHEN, AND EXPAND REQUIREMENTS FOR PARENTAL CONSENT FOR NONEMERGENCY MEDICAL TREATMENT OF MINORS, TO PROVIDE PROCEDURES AND REMEDIES FOR VIOLATIONS ALLEGED BY PARENTS, AND TO DEFINE NECESSARY TERMS, AMONG OTHER THINGS; BY REPEALING SECTION 63-5-350 RELATING TO FURNISHING HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT; BY DESIGNATING THE EXISTING PROVISIONS OF CHAPTER 28, TITLE 59 AS "GENERAL PROVISIONS"; AND BY REPEALING SECTION 63-5-370 RELATING TO CERTAIN CONSENT NOT BEING SUBJECT TO DISAFFIRMANCE.

 

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

 

SECTION 1.  This act may be cited as the "Parental Rights Act."

 

SECTION 2.  Chapter 28, Title 59 of the S.C. Code is amended by adding:

 

Article 3

 

Parental Rights in Education

 

    Section 59-28-310. For the purposes of this article:

    (1) "Child" means an unemancipated individual who has not attained eighteen years of age.

    (2) "Curriculum" includes all textbooks, handouts, videos, software, questionnaires, surveys, or other written or electronic materials used to instruct students in a class or course.

    (3) "Decision-making authority" means the power granted by the State to a nonparent to make important decisions regarding a child, including decisions regarding the child's education, religious training, healthcare, extracurricular activities, and travel.

    (4) "Educational records" means all data and information about a child in the possession or control of an LEA or any employee or agent of an LEA including, but not limited to, attendance records, test scores of  assessments, screeners, and any other test administered by the school and statewide assessments, grades, extracurricular activity or club participation, email accounts, online or virtual accounts or data, disciplinary records, counseling records, psychological records, applications for admission, medical records, immunization information, teacher and counselor evaluations, and reports of behavioral patterns.

    (5) "Local Education Agency" or "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.

    (6) "Parent" means:

       (a) a biological parent, adoptive parent, or person with legal custody, excluding an individual whose parental relationship to the child has been legally terminated; or

       (b) an individual who has been granted decision-making authority over the child by court order or under state law.

    (7) "State" means the State of South Carolina, any school district in this State, to include charter authorizers, and any political subdivision of the State and includes a branch, department, agency, board, commission, instrumentality, entity, or officer, employee, official of the State, school district, or a political subdivision of the State, or any other person acting under color of law.

 

    Section 59-28-320. (A) The liberty of a parent to the care, custody, and control of the parent's child, including the right to direct the upbringing, education, healthcare, and mental health of the child, is a fundamental right.

    (B)The State shall not substantially burden the fundamental rights of a parent under this article unless the State demonstrates that the burden, as applied to the parent and the child, is in furtherance of a compelling state interest and is the least restrictive means of furthering that compelling state interest.

    (C) All parental rights are exclusively reserved to the parent of a child without obstruction by or interference from the State including, without limitation, the following rights and responsibilities:

       (1) directing the upbringing of the child;

       (2) directing the moral or religious training of the child;

       (3) making and consenting to all physical and mental healthcare decisions for the child;

       (4) accessing and reviewing all health and medical records of the child;

       (5) directing the education of the child, including the right to choose public, private, religious, or home schools, and the right to make reasonable choices within public schools for the education of the child;

       (6) accessing and reviewing all written and electronic educational records relating to the child that are controlled by or in possession of an LEA;

       (7) having the child excused from school attendance for religious purposes, including to attend released time class for religious instruction as provided in Section 59-1-460 and 59-39-112, provided students who are excused must make up the class time missed pursuant to district policies;

       (8) participating in parent-teacher organizations or school organizations that are sanctioned by the school district;

       (9) being notified promptly if an employee of the State reasonably believes that abuse, neglect, exploitation, or any criminal offense has been committed against the child by someone other than the parent, unless doing so would interfere with a criminal or Department of Social Services investigation;

       (10) consenting before the collection, storing, or sharing of any individual biometric data, including data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological pattern or characteristic, that is used to identify a specific individual. Biometric data does not include:

           (a) a physical or digital photograph, a video or audio recording, or data generated from the recording, or information collected, used, or stored for healthcare treatment, payment, or operations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. Section 1320d, et seq.; and

           (b) data or information collected, used, or stored for law enforcement purposes;

       (11) to consent before any record of the child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, unless authorized by law or pursuant to a court order; and

       (12) to consent before any governmental entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of:

           (a) a court proceeding;

           (b) a law enforcement investigation;

           (c) a forensic interview in a criminal or Department of Social Services investigation;

           (d) the security or surveillance of buildings or grounds;

           (e) a photo identification card; or

           (f) a public event where there is no reasonable expectation of privacy.

    (D) This section does not:

       (1) authorize or allow a parent to abuse or neglect a child as defined in Section 63-7-20;

       (2) apply to a parental action or decision that would end life;

       (3) apply to Chapter 41, Title 44;

       (4) prohibit a court from issuing an order that is otherwise permitted by law; and

       (5) prevent the Department of Social Services or other law enforcement entity from conducting an investigation or otherwise carrying out its responsibilities under state law and consistent with this section.

    (E) The provisions of this section may not be construed to amend or otherwise alter mandatory reporting statutes found in Subarticle 1, Article 3, Chapter 7, Title 63.

    (F) A parent shall be presumed to have provided consent when:

       (1) a parent of the minor has given express written consent authorizing the person or entity to perform an activity listed in subsection (C);

       (2) a government entity or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's care under state law; and

       (3) a person, including a law enforcement officer, participates or assists in rendering emergency care pursuant to Section 15-1-310.

    (G) An employee of this State, except for authorized law enforcement officers or agents, in the performance of their duties shall not:

       (1) encourage or coerce a child to withhold information from the child's parent; or

       (2) withhold from a child's parent information that relates to the child's education or is relevant to the physical, emotional, or mental health of the child, including any request by a child to be treated in a manner that is inconsistent with his or her sex.

 

    Section 59-28-330. The State Board of Education shall:

       (1) adopt minimum standards to implement parental rights that must include the parental rights policies for LEA's; and

       (2) adopt a model parental rights policy that complies with the minimum standards established pursuant to item (1) and must be publicly available and posted on the department's website.

 

    Section 59-28-340. (A) Each LEA governing board, in consultation with parents, teachers, and administrators, shall develop and adopt a parental rights policy to promote the involvement of parents of children enrolled in the LEA, including:

       (1) the minimum standards required by Section 59-28-330(1), provided the LEA that adopts the State Board's model policy is presumed to be compliant with the requirements of this item;

       (2) a plan to improve parental involvement and parent-teacher cooperation in areas such as homework, attendance, and discipline;

       (3) clear procedures allowing parents to learn about their child's course of study and review all curriculum and teacher-training materials, including the right to:

           (a) review all curriculum and teacher-training materials for any class, either through online posting or in-person inspection during regular hours or by appointment, and without cost;

           (b) copy or record such materials at cost if not posted online; and

           (c) meet with a teacher, principal, or designated school representative to discuss the materials;     (4) procedures enabling parents to learn the nature and purpose of approved clubs and extracurricular activities and withdraw their child from any activity to which they object;

       (5) procedures requiring at least five days' notice to, and affirmative consent from, a parent before the child attends any instruction or presentation that has the goal or purpose of studying, exploring, or informing students about gender roles or stereotypes, gender identity, gender expression, or sexual orientation; and

       (6) allowing parents to withdraw their child from any specific instruction or presentation the parent deems harmful, including materials or activities that conflict with the parents' beliefs or practices regarding sex, morality, or religion.

    (B) A parent is entitled to access all written or electronic educational records, as defined in Section 59-28-310, concerning the parent's child that are held by the LEA, any LEA employee, or any person or organization contracted or authorized to provide services to students.

    (C) Nothing in this section prevents an LEA from adopting additional parent protections consistent with this chapter and the minimum standards established by the State Board of Education.

 

    Section 59-28-350. (A) As provided in this section, a parent alleging a violation of this article by an LEA may seek relief through administrative channels before the LEA governing body and the State Board of Education as provided in subsections (B) and (C). After exhausting all of these administrative remedies, the parent may bring a private civil cause of action in circuit court.

    (B)(1) Each LEA shall establish a designee to receive and investigate complaints under this section. To initiate a complaint, a parent must file a written complaint with the governing board of the LEA.

       (2) The complaint must include:

           (a) the name of the school, district, or provider alleged to have violated this article;

           (b) a description of the alleged violation;

           (c) the facts supporting the claim; and

           (d) any documentation the parent wishes the LEA to consider.

       (3) Within seven calendar days of receiving the complaint, the designee shall attempt to meet with the parent, gather relevant information, and make a specific finding as to whether a violation occurred.

       (4) Within ten calendar days after receiving the complaint, the designee shall submit its finding, a recommended response, and any proposed remedial steps to the LEA governing board for action at the board's next regularly scheduled meeting. These remedial steps may include:

           (a) compliance with the requirements of this article;

           (b) revision of policies or procedures;

           (c) staff training; or

           (d) other lawful action the committee deems necessary to remedy the violation.

       (5) If the designee determines that the alleged conduct does not constitute a violation, the LEA governing body shall notify the parent in writing.

    (C) If the LEA does not remedy the complaint through its final administrative action, the parent may appeal to the State Board of Education pursuant to the Administrative Procedures Act. The State Board shall review the matter under its established procedures and issue a written final decision within fifteen business days. If the State Board determines that a violation has occurred, the State Board may issue a remedial order requiring corrective action including, but not limited to:

       (1) compliance with the requirements of this article;

       (2) revision of policies or procedures;

       (3) staff training; or

       (4) other lawful action deemed necessary to remedy the violation.

    (D) The Attorney General may conduct independent investigations of alleged violations of this article and bring actions to enforce the provisions of this article. Nothing in this article limits the authority of the Attorney General to institute or intervene in any proceeding.

    (E)(1) After all available administrative remedies described in subsections (B) and (C) have been fully exhausted, a parent may bring a private cause of action in circuit court against the LEA and may recover declaratory relief, injunctive relief, liquidated damages of five thousand dollars per violation, and reasonable attorney's fees and costs.

       (2) The circuit court shall dismiss any action filed before exhaustion of administrative remedies as required in this subsection unless the parent demonstrates that immediate judicial relief is necessary to prevent imminent irreparable harm to the parent's child.

       (3) A claim must be filed within three years after it accrues, with the limitations period tolled only during administrative proceedings initiated in good faith.

       (4) A claimant may recover noneconomic damages only if the claimant proves, by clear and convincing evidence, that the defendant's conduct was intentional or wilful and wanton and any noneconomic damages shall not exceed one hundred thousand dollars.

       (5) An LEA employee is not liable under this section if he demonstrates substantial good-faith compliance with all applicable procedures, guidance, or directives related to the subject matter of the claim, unless the claimant proves by clear and convincing evidence that the LEA employee knowingly violated this section.

       (6) An LEA is not liable for the actions of a staff member who violates this article if the staff member acted:

           (a) outside the scope of employment;

           (b) in contravention of written district policy; or

           (c) without the knowledge of the staff member's supervisors.

    (F) The Attorney General may bring an action to enforce this section. Nothing herein limits the authority of the Attorney General, the State, or any state agency or officer to institute or intervene in any proceeding.

    (G) Only a parent as defined in Section 59-28-310(6) has standing to initiate a complaint or private cause of action under this article. A parent may be represented by legal counsel in any phase of this process in this article.

    (H) A parent alleging a violation of this article by the State other than an LEA, or a violation of Section 63-5-340, may seek relief through administrative channels through the Office of the Attorney General first, then, after exhausting the administrative remedies provided herein, a parent may bring a private civil cause of action in circuit court alleging a violation of this article or Section 63-5-340.

       (1) Before filing a civil action under this article, a parent shall first submit a written complaint to the Attorney General alleging a violation of this article or Section 63-5-340.

       (2) If a parent chooses to submit a written complaint to the Attorney General requesting investigation and enforcement of this article. The complaint must:

           (a) identify the parent and child by name;

           (b) identify the state agency or political subdivision alleged to have violated this article or Section 63-5-340;

           (c) describe with reasonable particularity the acts or omissions alleged to violate this article or Section 63-5-340; and

           (d) be submitted within one year after the parent knew or reasonably should have known of the alleged violation.

       (3) Within thirty days after receiving a complaint that appears on its face to allege a violation of this article or Section 63-5-340, the Attorney General shall:

           (a) commence an investigatory or remedial effort pursuant to item (4);

           (b) commence a civil enforcement action;

           (c) issue a written notice to the parent stating that the Attorney General declines to commence an enforcement action but authorizes the parent to pursue a private civil action pursuant to item (5); or

           (d) issue a written notice to the parent stating that the Attorney General has determined that the facts alleged, even if true, would not constitute a violation of this article.

       (4) Upon receipt of a complaint that appears on its face to allege a violation of this article, the Attorney General may engage in any investigatory or remedial efforts that he considers appropriate, including:

           (a) requesting information or documents from the entity of the alleged violation;

           (b) providing written guidance to the entity of the alleged violation concerning compliance with this article;

           (c) seeking corrective action or voluntary compliance, including changes to policies, practices, or procedures; and

           (d) facilitating resolution between the parent and the entity of the alleged violation without commencing a civil enforcement action.

       (5)(a) If the Attorney General declines or is deemed to have declined to commence an enforcement action, a parent may bring a civil action in his or her own name against the State for declaratory relief or injunctive relief, including reasonable attorney's fees and costs. A parent may not seek noneconomic damages unless the court or jury finds the defendant acted intentionally or with wilfulness, wantonness, and recklessness and such conduct proximately caused the noneconomic damages. Compensatory damages may not exceed one hundred thousand dollars.

           (b) A parent is required to bring a claim under this provision no later than three years after the day the cause of action accrues.

           (c) The circuit court shall dismiss any action filed before exhaustion of administrative remedies as required in this subsection unless the parent demonstrates that immediate judicial relief is necessary to prevent imminent irreparable harm to the parent's child.

       (6) An entity subject to the provisions of this section is immune from civil liability for damages, and no cause of action may be brought under this section, based solely on an alleged violation of this article or section 63-5-340 arising from that act or omission, if the entity, in good faith:

           (a) relies upon a written consent, authorization, or direction executed by a parent as defined in this section; or

           (b) acts in substantial compliance with this article or written guidance or regulations issued by the Department of Public Health or the Department of Mental Health implementing this section.

    (I) Nothing in this article may be construed to:

       (1) create a medical malpractice cause of action;

       (2) limit, restrict, or otherwise affect any cause of action for medical malpractice existing pursuant to Title 15, Chapter 79; or

       (3) alter the applicable standard of care, statute of limitations, statute of repose, procedural requirements, or damages provisions governing medical malpractice actions.

 

SECTION 3.  Section 63-5-340 of the S.C. Code is amended to read:

 

    Section 63-5-340.  Any minor who has reached the age of sixteen years may consent to any health services from a person authorized by law to render the particular health service for himself and the consent of no other person shall be necessary unless such involves an operation which shall be performed only if such is essential to the health or life of such child in the opinion of the performing physician and a consultant physician if one is available.(A) As used in this section:

       (1) "Medical decision-making authority" means the power granted by the State to a nonparent to make important decisions regarding a child's healthcare.

       (2) "First aid" means the one-time treatment of scratches, cuts not requiring stitches, minor burns, splinters, and contusions.

       (3) "Healthcare," "healthcare provider," and "healthcare professional," have the same meaning as in Section 44-66-20(1), (2), and (3), respectively.

       (4) "Medical Records" means a record, either tangible or electronic, of a patient's medical information such as, but not limited to, medical history, care or treatments received, test results, diagnoses, and medications taken.

       (5) "Minor" or "child" means an unemancipated individual who has not attained eighteen years of age.

       (6) "Parent" means:

           (a) biological parent, entity, adoptive parent, or person with legal custody, excluding an individual whose parental relationship to the child has been legally terminated; or

           (b) an individual who has been granted medical decision-making authority over the child under state law or by court order.

       (7) "Person" includes, but is not limited to, an individual, association, corporation, the State, a state agency, a municipality located in this State, or any employee, agent, or representative of any such entity.

       (8) "Prehospital care" has the same meaning as in Section 44-61-310(10).

    (B) Except as otherwise provided by law, this section, or court order, a person or healthcare provider must obtain the consent of a parent of a minor before procuring, providing a referral for, or rendering healthcare to the minor.

    (C) Subsection (B) does not apply when:

       (1) a parent of the minor has provided prior consent authorizing the person or entity to perform an activity listed in subsection (B);

       (2) it has been reasonably determined by a healthcare provider that an emergency exists and either of the following conditions is true:

           (a) it is necessary to perform an activity listed in subsection (B) in order to prevent death or imminent, irreparable physical injury to the minor, or

           (b) a parent of the child cannot be located or contacted after a good faith effort;

       (3) a healthcare provider or healthcare professional renders prehospital care to a minor;

       (4) a person renders emergency care at the scene of an accident or emergency pursuant to Section 15-1-310;

       (5) a healthcare provider, for the purpose of providing appropriate prenatal care, delivery, neonatal or postnatal care, renders healthcare to a child who has attained fourteen years of age; or

       (6) a person renders first aid to a minor.

    (D) This section does not:

       (1) authorize or allow a parent to abuse or neglect a child as defined in Section 63-7-20(6);

       (2) apply to a parental action or decision that would end life;

       (3) apply to Chapter 41, Title 44; and

       (4) prohibit a court from issuing an order that is otherwise permitted by law.

    (F) The Attorney General may bring an action to enforce compliance with this section. Nothing in this section may be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the State, or any agency, officer, or employee of the State to institute or intervene in any proceeding.

 

SECTION 4.  The provisions of this act apply only to actions occurring after June 30, 2026.

 

SECTION 5.  The existing provisions of Chapter 28, Title 59 are designated as "General Provisions."

 

SECTION 6.  Sections 63-5-350 and 63-5-370 of the S.C. Code are repealed.

 

SECTION 7.  This act takes effect on July 1, 2026.

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