South Carolina H 3011: Parental Rights in Education Act

Bill Text

2025-2026 Bill 3011 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3011

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 ENACTing THE 
"PARENTAL RIGHTS IN EDUCATION ACT"; BY ADDING ARTICLE 3 TO CHAPTER 28, TITLE 59 
so as TO PROVIDE NECESSARY DEFINITIONS, TO RECOGNIZE THAT PARENTS HAVE THE 
ULTIMATE RESPONSIBILITY TO DIRECT THE UPBRINGING, EDUCATION, HEALTHCARE, AND 
MENTAL HEALTH OF THEIR CHILDREN, TO PROHIBIT THE STATE FROM SUBSTANTIALLY 
BURDENING THOSE PARENTAL RIGHTS AND TO REQUIRE THE STATE TO OBTAIN PARENTAL 
CONSENT IN CERTAIN CIRCUMSTANCES, AND TO CREATE A CAUSE OF ACTION FOR VIOLATION 
OF THE CHAPTER, AMONG OTHER THINGS; AND TO DESIGNATE THE EXISTING PROVISIONS OF 
CHAPTER 28, TITLE 59, AS article 1 entitled "GENERAL PROVISIONS."

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

SECTION 1. This act may be cited as the "Parental Rights in Education 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 to make important decisions 
regarding a child, including decisions regarding the child's education, 
religious training, healthcare, extracurricular activities, and travel.

 (4) 
"Educational records" include attendance records, test scores of 
school-administered tests 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 delegated decision-making authority of a child by 
court order or by a person identified in subitem (a).

 (7) 
"State" means the State of South Carolina, any school district in this State, 
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 State shall not substantially 
burden the fundamental right of a parent to direct the upbringing, education, 
healthcare, and mental health of that parent's child unless the State 
demonstrates that application of the burden to the parent is in furtherance of 
a compelling state interest and is the least restrictive means of furthering 
that compelling state interest.

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

 (1) 
to direct the upbringing of the child;

 (2) 
to direct the moral or religious training of the child;

 (3) 
to make and consent to all physical and mental healthcare decisions for the 
child;

 (4) 
to access and review all health and medical records of the child;

 (5) 
to direct 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) 
to access and review all written and electronic educational records relating to 
the child that are controlled by or in possession of a school;

 (7) 
to have the child excused from school attendance for religious purposes;

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

 (9) 
to be notified promptly if an employee of the State reasonably believ