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H4757 establishes parental rights in education and healthcare as fundamental rights in South Carolina law, with enforceable protections, transparency requirements, and accountability mechanisms.
OUR POSITIONThe American Council urges every South Carolina legislator to vote yes on H4757. This bill recognizes what families of faith have always known: the right of a parent to direct a child's upbringing, education, healthcare, and mental health is not a privilege granted by government but a fundamental liberty. Section 59-28-320(A) states that truth plainly in law, and the bill builds enforceable structure around it.
H4757 does not merely declare rights; it protects them. Under Section 59-28-320(B), the State may not substantially burden parental rights unless it can demonstrate a compelling interest pursued by the least restrictive means available. Twelve specific rights are enumerated under Section 59-28-320(C), covering everything from moral and religious upbringing to healthcare decisions and access to records. Parents gain meaningful control over their children's biometric data, DNA records, and government video or voice recordings under Sections 59-28-320(C)(10), (11), and (12). These are not abstractions; they are concrete shields against overreach.
Transparency in schools is a core value this bill advances. Sections 59-28-340 and 59-28-350 require each local education agency to develop a parental rights policy in consultation with parents, publish curriculum and teacher-training materials for review, provide at least five days' notice and affirmative consent before exposing children to instruction on gender identity or sexual orientation, and allow parents to withdraw their child from any instruction they judge harmful. Section 59-28-350 then creates a structured complaint process with clear timelines, an appeal path to the State Board of Education, and a private right of action in circuit court. Accountability is not optional under this bill.
The healthcare provisions address a gap that has long troubled families. Section 3 of the bill amends existing law to require parental consent before a healthcare provider renders care to a minor, while Section 63-5-340(C) preserves carefully defined exceptions for genuine emergencies. Sections 63-5-350 and 63-5-370, which previously allowed minors to receive and consent to health services without parental knowledge, are repealed outright. We believe parents, not the state, are the proper first line of care for their children.
The bill is carefully written to protect employees who act in good faith and to preserve the investigative authority of the Attorney General. Section 59-28-350(E)(5) routes claims against employees acting within their official duties through the South Carolina Tort Claims Act. Section 59-28-350(E)(7) reserves the strongest consequences, including dismissal proceedings and certificate action, for employees found by clear and convincing evidence to have violated parental rights. These calibrated remedies demonstrate that H4757 is serious legislation, not a blunt instrument. The American Council calls on every legislator to stand with South Carolina parents and pass this bill.
H4757 passed the South Carolina House on February 19, 2026, by a roll call vote of 105 to 1, and was sent to the Senate the same day. As of February 24, 2026, it was introduced in the Senate and referred to the Senate Committee on Education, where it now sits. A lopsided House vote of that margin signals broad bipartisan floor support and gives the bill favorable posture entering the Senate, though committee consideration is the next gate it must clear. The bill carries an effective date of July 1, 2026, which means the session calendar creates a firm deadline, and constituent contact directed at Senate Education Committee members is most consequential right now, before the committee schedules its review.