South Carolina H 5253: Ai in education

Bill Text

2025-2026 Bill 5253 Text of Previous Version (Feb. 24, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5253

Indicates Matter Stricken
Indicates New Matter

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

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