H 4757 — Parental Rights

or        (3) if the employee is an official or staff at a public school, engage in conduct in violation of Section 59-32-36(A).

    (H) An individual may exercise decision-making authority over a child if granted such authority by the child's parent, or by a court of order or state law, provided that such court order or state law does not obstruct or interfere with the parents' rights under this article.

Amend the bill further, SECTION 2, by striking Section 59-28-340(A)(3)(a) and inserting:

           (a) review all curriculum and teacher-training materials for any class in which parent's child is enrolled or is considering enrolling, either through online posting or in-person inspection during regular hours or by appointment, and without cost;

Amend the bill further, SECTION 2, by striking Section 59-28-350(B)(2)(c) and (d) and inserting:

           (c) the facts supporting the claim;

and            (d) a statement by the complainant verifying that he has made a good faith effort to communicate with the principal or individual alleged to have violated this article and resolve the matter;

and            (d)(e) any documentation the parent wishes the LEA to consider.

Amend the bill further, SECTION 2, by striking Section 59-28-350(B)(4) and inserting:

       (4) Within tenthirty calendar days after receiving the complaint, the designee shall submit its finding, a recommended response, and any proposed remedial steps to the LEA governing board for action at the board's next regularly scheduled meeting.

These remedial steps may include:

           (a) compliance with the requirements of this article;

           (b) revision of policies or procedures;

           (c) staff training;

or            (d) other lawful action the committee deems necessary to remedy the violation.

Amend the bill further, SECTION 2, by striking Section 59-28-350(H)(5)(a) and inserting:

       (5)(a) If the Attorney General declines or is deemed to have declined to commence an enforcement action or does not take action within thirty days of receipt of a complaint as provided under item (3), a parent may bring a civil action in his or her own name against the State for declaratory relief or injunctive relief, including reasonable attorney's fees and costs.

A parent may not seek noneconomic damages unless the court or jury finds the defendant acted intentionally or with wilfulness, wantonness, and recklessness and such conduct proximately caused the noneconomic damages.

Compensatory damages may not exceed one hundred thousand dollars.

Amend the bill further, SECTION 2, by striking Section 59-28-350(H)(6)(b) and inserting:

           (b) acts in substantial compliance with this article or written guidance or regulations issued by the Department of Public Health or the Department of Mental Healtha state agency implementing this section, provided that nothing herein shall be construed to limit civil liability of the state agency for any guidance, regulations, or actions that violate this article.

Amend the bill further, SECTION 3, by striking Section 63-5-340(A)(6) and inserting:

       (6) "Parent" means:

           (a) a biological parent, entity, 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 granted medical decision-making authority over the child under state law or by court order.

Amend the bill further, by adding an appropriately numbered SECTION to read:

       (6) "Parent" means:

           (a) a biological parent, entity, 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 granted medical decision-making authority over the child under state law or by court order.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X.

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Renumber sections to conform.

Amend title to conform.

  S.H.

DAVIS for Committee.

    statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill enacts the Parental Rights Act to affirm and enumerate the fundamental rights of parents to direct the upbringing, education, healthcare, and mental health of their children.

The bill requires the State Board of Education to adopt minimum standards to implement parental rights, including parental rights policies for LEAs.

The State Board of Education must also adopt a model parental rights policy that complies with these minimum standards.

The policy must be publicly available and posted on the department's website.

Each LEA governing board, in consultation with parents, teachers, and administrators, must develop and adopt a parental rights policy to promote the involvement of parents of children enrolled in the LEA.

  This bill provides that a parent alleging a violation of the provisions of the bill by an LEA may seek relief through administrative channels before the LEA governing body and the State Board of Education.

Each LEA must establish a designee to receive and investigate complaints.

If the LEA does not remedy the complaint through its final administrative action, the parent may appeal to the State Board of Education, which must review the matter under its established procedures and issue a written final decision within fifteen business days.

After exhausting these administrative remedies, the parent may bring a private civil cause of action in circuit court against the LEA and may recover declaratory damages, injunctive relief, liquidated damages of $5,000 per violation, and reasonable attorney's fees.

The Attorney General may also conduct independent investigations of alleged violations and bring actions to enforce the provisions of the bill.

A parent alleging a violation by the State other than an LEA or a violation of Section 63-5-340 may seek relief through administrative channels through the Office of the Attorney General first.

After receiving a complaint that appears on its face to allege a violation, the Attorney General may engage in any investigatory or remedial efforts that they consider appropriate.

If the Attorney General declines to commence an enforcement action, a parent may bring a civil action in his or her own name against the State for declaratory relief or injunctive relief, including reasonable attorney's fees and costs.

Compensatory damages may not exceed $100,000.

Additionally, this bill amends Section 63-5-340, relating to minor consent for health services, to expand requirements for parental consent for nonemergency medical treatment of minors.

Currently, a minor who reaches the age of sixteen years may consent to any health services from a person authorized by law to provide the particular health service and the consent of no other person is necessary unless the service involves an operation.

The bill also repeals Section 63-5-350, relating to health services provided to minors without parental consent.

Currently, health services of any kind may be rendered to minors of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such services are deemed necessary unless the service involves an operation.

Lastly, the bill repeals Section 63-5-370, which specifies that consent is not subject to disaffirmance because of minority when the minor reaches the age of majority.

  S.C.

Department of Education.

This bill will have no expenditure impact on SCDE.

The department indicates that it will manage the provisions of the bill with existing staff and resources.

  State Agency Schools.

The overall expenditure impact of this bill on state agency schools will vary.

The Governor's School for Agriculture at John de la Howe, the Governor's School for Arts and Humanities, and the Wil Lou Gray Opportunity School indicate that the bill will have no expenditure impact, as the provisions of the bill can be managed with existing appropriations.

The Governor's School for Science and Mathematics reports that implementing the provisions of the bill will require staff time for policy development, training, documentation, complaint processing, and coordination with the State Board of Education.

Additionally, the Governor's School for Science and Mathematics notes that the bill creates a new enforcement and litigation framework that could result in legal costs or damages, the costs of which will depend on future actions, complaints, or litigation, which cannot be predicted.

Therefore, the overall cost for the Governor's School for Science and Mathematics is currently undetermined.

Based upon these responses, we do not anticipate that this bill will have a significant expenditure impact on the School for the Deaf and the Blind.  Office of the Attorney General.

This bill requires the Attorney General to conduct independent investigations of alleged violations of parental rights and to bring actions of enforcement.  Implementation of the bill will require the Office of the Attorney General to hire 2.0 FTEs, an attorney and a legal assistant, with salary and fringe expenses of approximately $230,500.

Additionally, recurring operating expenses are expected to total $30,000.

Therefore, this bill is expected to increase General Fund expenses of the Office of the Attorney General by approximately $260,500 beginning in FY 2026-27.

  Judicial.

This bill may result in an increase in the number of civil cases heard in circuit court.

However, the number of civil cases that will be filed as a result of the bill is unknown.

Judicial anticipates that it will manage any increased expenditures related to the bill with its existing appropriations, but if the bill results in a significant increase in expenditures, Judicial will request an increase in General Fund appropriations.

  Department of Juvenile Justice.

This bill will have no expenditure impact on DJJ.

The agency indicates that it can manage the provisions of the bill with existing staff and resources.

  This fiscal impact statement has been updated to include a response from DJJ.

  Department of Social Services.

This bill will have no expenditure impact on DSS.

The agency indicates that it can manage the provisions of the bill with existing staff and resources.

  Department of Behavioral Health and Developmental Disabilities.

This bill will have no expenditure impact on the OMH division of DBHDD, formerly known as DMH.

The agency indicates that it can manage the provisions of the bill with existing staff and resources.

  Department of Public Health.

DPH reports that adhering to the requirements of this bill would be a violation of federal Title X funding requirements since the bill requires the agency to share information with the parents or guardians of patients of a certain age, which is currently prohibited by federal law.

DPH estimates that this bill will result in the loss of approximately $5,110,000 in Federal Funds, including approximately 74 FTEs, for violation of the Title X program.

Additionally, DPH indicates that the loss of Title X funding will also eliminate the agency's ability to access 340B program pricing on family planning pharmaceuticals.

The 340B program provides reduced pharmaceutical pricing.

On average, wholesale pricing is 172 percent higher than that of the 340B program.

DPH estimates that losing the 340B program pricing will result in a loss of $3,112,000 for family planning products.

Therefore, DPH estimates that this portion of the bill will increase General Fund expenses by approximately $8,222,000 beginning in FY 2026-27 to continue providing current services.

This amount includes funding for the 74 FTEs.

Additionally, DPH estimates that the family planning services covered by the Title X program generate approximately $5,566,000 in Other Funds revenue from insurance reimbursements through Medicaid, private insurance, and patient self-pay.

However, DPH indicates that if the agency receives General Funds for the aforementioned loss of Federal Funds, they will still be able to generate the estimated $5,566,000 in Other Funds revenue from reimbursements.

  DPH further estimates that it will need approximately 75 FTEs (nurses) to implement the provisions of the bill.

These new FTEs will be responsible for obtaining the required consent in the agency's clinics across the state.

DPH indicates that the clinics are currently short-staffed and cannot handle the additional consent requirements pursuant to the bill.

This portion of the bill will increase General Fund expenses of the agency by approximately $9,498,000 in FY 2026-27.

Of this amount, $9,165,000 is recurring for salary and fringe for the new FTEs, and $186,000 is recurring for miscellaneous supplies and licenses for the new positions.

Nonrecurring costs are expected to total $147,000 for furniture, medical supplies, and equipment.

Expenses for this portion of the bill will decrease to $9,351,000 beginning in FY 2026-27.

  In total, this bill will increase General Fund expenses of DPH by approximately $17,720,000 in FY 2026-27 to continue the current service levels by offsetting the loss of Federal Funds and meet the increased responsibilities in the bill.

Expenses will decrease to approximately $17,573,000 each year thereafter.

  This fiscal impact statement has been updated to include a response from DPH.

  Department of Labor, Licensing and Regulation.

This bill will have no expenditure impact on LLR or its boards as LLR anticipates any additional responsibilities will be managed within existing appropriations.

  State Revenue This bill may result in a change in the fines and fees collected in court.

Court fines and fees are distributed to the General Fund, Other Funds, and local funds.

Therefore, RFA anticipates this bill may result in a change to General Fund and Other Funds revenue due to the change in fines and fees collections in court.

  Local Expenditure This bill enacts the Parental Rights Act to affirm and enumerate the fundamental rights of parents to direct the upbringing, education, healthcare, and mental health of their children.

Each LEA governing board, in consultation with parents, teachers, and administrators, must develop and adopt a parental rights policy to promote the involvement of parents of children enrolled in the LEA.

This bill provides that a parent alleging a violation of the provisions of the bill by an LEA may seek relief through administrative channels before the LEA governing body and the State Board of Education.

Each LEA must establish a designee to receive and investigate complaints.

If the LEA does not remedy the complaint through its final administrative action, the parent may appeal to the State Board of Education, which must review the matter under its established procedures and issue a written final decision within fifteen business days.

After exhausting these administrative remedies, the parent may bring a private civil cause of action in circuit court against the LEA.

A parent alleging a violation by the State other than an LEA or a violation of Section 63-5-340 may seek relief through administrative channels through the Office of the Attorney General first.

After exhausting all administrative remedies, the parent may bring a private civil cause of action in circuit court alleging a violation.

SCDE surveyed the seventy-two regular school districts and three charter school districts and received responses from eleven districts.

Two of the responding districts indicate that the bill will have no expenditure impact.

Two districts indicate that they will manage the provisions of the bill with existing staff and resources.

Two districts report that the cost of the bill is currently undetermined.

One of these districts reports that the complaint process may require twenty to thirty hours of labor per complaint and notes that the overall cost will depend upon the number of complaints received, who is qualified to act as the designee to hear complaints, and what that person's hourly pay rate will be, all of which are currently unknown.

This district further notes the potential for legal costs if the cost of the lawsuit is not covered by the district's insurance provider.

The other district reports that the fiscal impact of the bill will depend upon the policies established by the State Board of Education.

Four districts indicate that the bill will increase expenses by an amount ranging from $5,000 to $21,200 due to legal costs, staff training, and administrative costs related to policy development and revision, increased parent communications, and expanded documentation and record-keeping.

The remaining responding district anticipates the need to hire a higher level administrator at a cost of $150,000 per year to manage and track compliance.

This district also reports that expenses could increase for legal costs, increases in insurance premiums, and a tracking system.

    Frank A.

Rainwater, Executive Director Revenue and Fiscal Affairs Office   _______                 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;

----XX---- This web page was last updated on FebruaryDecember 10,17, 20262025 at 05:2001:42 PM