A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-28-195 SO AS TO ESTABLISH LIMITATIONS AND SAFEGUARDS GOVERNING THE USE OF ARTIFICIAL INTELLIGENCE IN PUBLIC SCHOOLS, TO REQUIRE PARENTAL NOTICE AND CONSENT, TO ENSURE HUMAN AND TEACHER OVERSIGHT, TO PROTECT STUDENT DATA, TO DEFINE TERMS, AND TO PROVIDE FOR ENFORCEMENT AND REMEDIES.

 

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

 

SECTION 1.  Chapter 28, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-28-195. (A) As used in this section:

       (1) "Artificial intelligence" or "AI" means any software system that performs tasks normally requiring human intelligence, including machine learning, natural language processing, predictive analytics, or automated decision making.

       (2) "Generative artificial intelligence" means artificial intelligence capable of producing new text, images, audio, video, or other content.

       (3) "School entity" means a public school, public charter school, school district, or other public education authority.

       (4) "Student data" means any information directly related to an identifiable student, including academic records, behavioral data, biometric identifiers, or online activity.

       (5) "Parent" means a parent or legal guardian of a student enrolled in a school entity.

    (B)(1) A school entity shall not require or permit a student to use artificial intelligence or generative artificial intelligence as part of instruction or school-sponsored activities without first obtaining written, opt-in parental consent.

       (2) Each school entity shall provide parents, no less than annually, with a written disclosure

identifying:

           (a) all artificial intelligence tools in use;

           (b) the vendors providing such tools;

           (c) the categories of student data collected;

           (d) the extent to which student data is shared; and

           (e) the educational purpose for which each tool is used.

       (3) A parent may revoke consent of any AI-based tool, assignment, or assessment at any time.

       (4) A student who opts-out shall not be academically penalized or denied access to core instructional content.

    (C)(1) Artificial intelligence shall not replace a licensed teacher in providing core academic instruction or assigning final grades.

       (2) A school entity shall not deploy artificial intelligence systems that:

           (a) profile or categorize students based on political beliefs, religious beliefs, or personal values;

           (b) conduct psychological, emotional, or behavioral assessments without explicit parental consent; or

           (c) make automated disciplinary or student placement decisions without meaningful human review.

       (3) Any instructional content generated by artificial intelligence must be reviewed and approved by a licensed teacher before being provided to students.

    (D)(1) Artificial intelligence systems used by school entities shall collect only the minimum student data necessary to achieve an approved educational purpose.

       (2) Student data collected through artificial intelligence:

           (a) remains the property of the student and parent;

           (b) may not be sold, shared, licensed, or used for commercial advertising or profiling; and

           (c) shall be deleted within a defined period unless retention is required by law.

       (3) A school entity or vendor shall not collect, store, or analyze biometric data, including facial recognition data, voiceprints, or emotional analysis, without case-specific written parental consent.

    (E)(1) School entities shall adopt policies governing student use of generative artificial intelligence for coursework.

       (2) Students may not use generative artificial intelligence to complete graded assignments unless expressly authorized by a teacher for a defined instructional purpose.

    (F)(1) Each school entity shall maintain publicly accessible information identifying approved artificial intelligence tools and their intended uses.

       (2) Parents shall be notified promptly of any unauthorized disclosure or breach of student data involving artificial intelligence systems.

    (G)(1) Compliance with this act is a condition of participation in state-funded education programs.

       (2) A school entity or vendor that violates this act may be subject to contractual remedies, administrative penalties, or other remedies provided by law.

       (3) A parent whose rights under this act are violated may seek injunctive relief or damages in a court of competent jurisdiction.

    (H) Nothing in this act shall be construed to:

       (1) require the use of artificial intelligence in K-12 education;

       (2) limit parental authority over a child's education; or

       (3) expand state control over curriculum or local school governance beyond existing law.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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