Ai in education

2025-2026 Bill 5253: Ai in education - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5253
STATUS INFORMATION
General Bill
Sponsors: Reps. Guffey and Chapman
Document Path: LC-0655WAB26.docx
Introduced in the House on February 24, 2026
Currently residing in the House Committee on
Education and Public Works
Summary: Ai in education
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/24/2026

House

Introduced and read first time (
House Journal-page 60
)

2/24/2026

House

Referred to Committee on
Education and Public Works
(
House Journal-page 60
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/24/2026

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 28, Title 59 of the S.C. Code is amended by
adding:

S
ection
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

i
dentifying:

(
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

(
3)
expand state control over curriculum or local school governance beyond existing
law.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on February 24, 2026 at 1:44 PM