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H 3011

Parental Rights in Education Act

2025-2026 Regular Session Introduced by Thomas Beach and 21 co-sponsors

The act asserts parental authority over upbringing, education, health, and records, restricts government intrusion, requires consent in key areas, and allows legal action for viola

Member(s) request name added as sponsor: Guffey
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Bill Summary · H 3011

Summary — H 3011: "Parental Rights in Education Act"

Note: The version text provided contains an unrelated Massachusetts municipal tax provision at the top. The summary below focuses on the Parental Rights in Education Act (South Carolina text) contained in the bill materials.

Purpose and intent

The bill adds Article 3, “Parental Rights in Education,” to Chapter 28, Title 59 of the South Carolina Code. Its stated purpose is to (1) recognize parents’ primary authority over their children’s upbringing, education, health care, and mental health; (2) limit government interference with those parental rights; (3) require parental consent in specified circumstances; and (4) create enforcement mechanisms for violations.

Key provisions

  • Definitions: Establishes terms including “child” (under 18), “curriculum,” “educational records,” “Local Education Agency (LEA),” “parent,” and “state.”
  • Substantial-burden standard: The State may not substantially burden parental rights unless it shows the burden furthers a compelling state interest and is the least restrictive means (strict-scrutiny standard).
  • Enumerated parental rights: Includes rights to direct upbringing, moral/religious training, choose education setting (public, private, religious, homeschool), access and review educational and medical records, consent to healthcare and biometric scans, consent before DNA/blood records are created/shared, and consent before governmental video/voice recordings (with listed exceptions).
  • Limitations and exceptions: Does not authorize abuse or neglect, does not apply to parental decisions that would end life, does not alter abortion law (governed elsewhere), and does not prevent lawful court orders.
  • Prohibitions on staff conduct: State employees (except authorized law enforcement) may not encourage a child to withhold information from a parent or withhold information about the child’s education/health from parents.
  • Parental involvement policy: Each LEA must consult parents, teachers, and administrators to develop policies promoting parental involvement (details truncated in text).
  • Enforcement and remedies:
    • Private cause of action: Parents may sue for violations and obtain compensatory damages, injunctive and declaratory relief, attorney’s fees, and costs.
    • Statute of limitations: Claims must be filed within three years of accrual.
    • Damages cap: Noneconomic damages are capped at $100,000 per claimant, except when defendant’s conduct was grossly negligent/willful, involved fraud/misrepresentation, or destruction/alteration of medical records to avoid liability. Economic damages are uncapped.
    • Attorney General may bring enforcement actions.

Who is affected

  • Parents and children (students under 18)
  • Local Education Agencies, public schools, charter schools (and specified state schools)
  • State officials and employees involved in education, health, or child services
  • Potentially teachers, counselors, and school contractors who handle student records or communications

Procedural status (as provided)

  • Prefiled: 2024-12-05
  • Introduced/read first time: 2025-01-14
  • Referred to Committee on Education and Public Works: 2025-01-14 (also earlier references to that committee)
  • Multiple sponsor additions between 2025-01-15 and 2025-04-09
  • Several hearings scheduled and one canceled (07/22/2025; 11/07/2025 hearing scheduled in Gardner Auditorium)
  • Note: Legislative-action list includes some inconsistent entries (e.g., referral to Revenue, “Senate concurred”) and a related bill HD 2056 (replacement). Consult the legislative clerk or bill tracker for the definitive current status.

Potential impacts and considerations

  • Administrative: LEAs will need policies, consent forms, record-access procedures, and training to comply.
  • Legal exposure: School districts and employees may face increased litigation and potential damages awards (subject to cap).
  • Student privacy: Strengthens parental control over biometric/DNA data and recordings.
  • Education practice: Could restrict certain school-led activities or communications with students without prior parental consent.
  • Exceptions for child-protection and lawful orders preserve some state authority in investigations and court-ordered actions.

For the most current status and full statutory language, consult the official legislative website or bill text.

Compiled from official sources — confirm details with the bill’s official record.

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