South Carolina H 4757: Parental Rights

Bill Text

2025-2026 Bill 4757 Text of Previous Version (Feb. 19, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4757

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Amended

February 18, 2026

H. 4757

Introduced by Reps. Pope, Erickson, Davis, M. M. 
Smith, Bailey, Bradley, Brewer, Caskey, Crawford, Duncan, Forrest, Gagnon, 
Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Hartz, Herbkersman, Hewitt, 
Hiott, Hixon, Holman, Lawson, Ligon, Long, Lowe, Martin, McCravy, McGinnis, C. 
Mitchell, T. Moore, B. Newton, W. Newton, Oremus, Pedalino, Robbins, 
Schuessler, Sessions, G. M. Smith, Taylor, Teeple, Vaughan, Whitmire, 
Wickensimer, Willis, Wooten, Yow, Chumley, Edgerton, Magnuson, Terribile, 
Kilmartin, White, Sanders, D. Mitchell, Cromer, Gilreath, Guffey, Lastinger, 
Chapman and Bowers 

S. Printed 2/18/26--H. [SEC 
2/19/2026 10:50 AM]

Read the first time January 13, 2026

________

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.

 Amend Title To Conform

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

 (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 
politica