WHAT THIS BILL REGULATES · 8 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(A)(1)–(5) As used in this section: (1) "Artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1)" 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 intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence capable of producing new text, images, audio, video, or other content.S.C. Code § 59-28-195(A)(2)" means artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1) capable of producing new text, images, audio, video, or other content. (3) "School entitySchool entity"School entity" means a public school, public charter school, school district, or other public education authority.S.C. Code § 59-28-195(A)(3)" means a public school, public charter school, school district, or other public education authority. (4) "Student dataStudent data"Student data" means any information directly related to an identifiable student, including academic records, behavioral data, biometric identifiers, or online activity.S.C. Code § 59-28-195(A)(4)" means any information directly related to an identifiable student, including academic records, behavioral data, biometric identifiers, or online activity. (5) "ParentParent"Parent" means a parent or legal guardian of a student enrolled in a school entity.S.C. Code § 59-28-195(A)(5)" means a parentParent"Parent" means a parent or legal guardian of a student enrolled in a school entity.S.C. Code § 59-28-195(A)(5) or legal guardian of a student enrolled in a school entitySchool entity"School entity" means a public school, public charter school, school district, or other public education authority.S.C. Code § 59-28-195(A)(3).
Subsection (A) defines the five key terms used throughout the bill: artificial intelligence, generative artificial intelligence, school entity, student data, and parent. The AI definition is broad, covering any software system that performs tasks normally requiring human intelligence, including machine learning, natural language processing, predictive analytics, and automated decision-making. The school entity definition encompasses all public education authorities in the state.
(B)(1) 1 A school entitySchool entity"School entity" means a public school, public charter school, school district, or other public education authority.S.C. Code § 59-28-195(A)(3) shall not require or permit a student to use artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1) or generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence capable of producing new text, images, audio, video, or other content.S.C. Code § 59-28-195(A)(2) as part of instruction or school-sponsored activities without first obtaining written, opt-in parental consent.
(B)(2)(a)–(e) 2 Each school entitySchool entity"School entity" means a public school, public charter school, school district, or other public education authority.S.C. Code § 59-28-195(A)(3) shall provide parentsParent"Parent" means a parent or legal guardian of a student enrolled in a school entity.S.C. Code § 59-28-195(A)(5), no less than annually, with a written disclosure identifying: (a) all artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1) tools in use; (b) the vendors providing such tools; (c) the categories of student dataStudent data"Student data" means any information directly related to an identifiable student, including academic records, behavioral data, biometric identifiers, or online activity.S.C. Code § 59-28-195(A)(4) collected; (d) the extent to which student dataStudent data"Student data" means any information directly related to an identifiable student, including academic records, behavioral data, biometric identifiers, or online activity.S.C. Code § 59-28-195(A)(4) is shared; and (e) the educational purpose for which each tool is used.
(B)(3) 3 A parentParent"Parent" means a parent or legal guardian of a student enrolled in a school entity.S.C. Code § 59-28-195(A)(5) may revoke consent of any AI-based tool, assignment, or assessment at any time.
(B)(4) 3 A student who opts-out shall not be academically penalized or denied access to core instructional content.
Subsection (B) establishes the bill's parental consent framework. School entities must obtain written, opt-in parental consent before allowing any student to use AI or generative AI in instruction or school-sponsored activities. Annual written disclosures must identify every AI tool in use, the vendor, the categories of student data collected, the extent of data sharing, and each tool's educational purpose. Consent is revocable at any time, and students who opt out may not be academically penalized or denied access to core instructional content.
(C)(1) 4 Artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1) shall not replace a licensed teacher in providing core academic instruction or assigning final grades.
(C)(2)(a)–(c) 5 A school entitySchool entity"School entity" means a public school, public charter school, school district, or other public education authority.S.C. Code § 59-28-195(A)(3) shall not deploy artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1) 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.
(C)(3) 6 Any instructional content generated by artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1) must be reviewed and approved by a licensed teacher before being provided to students.
Subsection (C) preserves human authority in three critical areas. First, AI may not replace a licensed teacher for core academic instruction or final grading — ensuring a human professional remains responsible for these functions. Second, the bill categorically prohibits school entities from deploying AI systems that profile students based on political beliefs, religious beliefs, or personal values; conduct psychological, emotional, or behavioral assessments without explicit parental consent; or make automated disciplinary or placement decisions without meaningful human review. Third, any AI-generated instructional content must be reviewed and approved by a licensed teacher before distribution to students.
(D)(1) 7 Artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1) systems used by school entities shall collect only the minimum student dataStudent data"Student data" means any information directly related to an identifiable student, including academic records, behavioral data, biometric identifiers, or online activity.S.C. Code § 59-28-195(A)(4) necessary to achieve an approved educational purpose.
(D)(2)(a)–(c) 8 Student dataStudent data"Student data" means any information directly related to an identifiable student, including academic records, behavioral data, biometric identifiers, or online activity.S.C. Code § 59-28-195(A)(4) collected through artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1): (a) remains the property of the student and parentParent"Parent" means a parent or legal guardian of a student enrolled in a school entity.S.C. Code § 59-28-195(A)(5); (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.
(D)(3) 9 A school entitySchool entity"School entity" means a public school, public charter school, school district, or other public education authority.S.C. Code § 59-28-195(A)(3) or vendor shall not collect, store, or analyze biometric data, including facial recognition data, voiceprints, or emotional analysis, without case-specific written parental consent.
Subsection (D) imposes data governance requirements on AI systems used in schools. AI tools must collect only the minimum student data necessary for an approved educational purpose. Student data remains the property of the student and parent, may not be sold, shared, licensed, or used for commercial advertising or profiling, and must be deleted within a defined period unless retention is required by law. The subsection also specifically addresses biometric data — facial recognition, voiceprints, and emotional analysis — requiring case-specific written parental consent for any collection, storage, or analysis.
(E)(1)–(2) 10 School entities shall adopt policies governing student use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence capable of producing new text, images, audio, video, or other content.S.C. Code § 59-28-195(A)(2) for coursework. (2) Students may not use generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence capable of producing new text, images, audio, video, or other content.S.C. Code § 59-28-195(A)(2) to complete graded assignments unless expressly authorized by a teacher for a defined instructional purpose.
Subsection (E) addresses student use of generative AI for coursework. School entities must adopt governing policies, and students may not use generative AI to complete graded assignments unless a teacher expressly authorizes it for a defined instructional purpose. This provision imposes a default prohibition on student use of generative AI for graded work, with teacher-granted exceptions.
(F)(1) 11 Each school entitySchool entity"School entity" means a public school, public charter school, school district, or other public education authority.S.C. Code § 59-28-195(A)(3) shall maintain publicly accessible information identifying approved artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1) tools and their intended uses.
(F)(2) 12 ParentsParent"Parent" means a parent or legal guardian of a student enrolled in a school entity.S.C. Code § 59-28-195(A)(5) shall be notified promptly of any unauthorized disclosure or breach of student dataStudent data"Student data" means any information directly related to an identifiable student, including academic records, behavioral data, biometric identifiers, or online activity.S.C. Code § 59-28-195(A)(4) involving artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1) systems.
Subsection (F) imposes two distinct transparency obligations. First, school entities must maintain publicly accessible information identifying approved AI tools and their intended uses — functioning as a public AI inventory. Second, parents must be promptly notified of any unauthorized disclosure or breach of student data involving AI systems, creating a data breach notification duty specific to AI-related student data incidents.
(G)(1)–(3) Compliance with this act is a condition of participation in state-funded education programs. (2) A school entitySchool entity"School entity" means a public school, public charter school, school district, or other public education authority.S.C. Code § 59-28-195(A)(3) or vendor that violates this act may be subject to contractual remedies, administrative penalties, or other remedies provided by law. (3) A parentParent"Parent" means a parent or legal guardian of a student enrolled in a school entity.S.C. Code § 59-28-195(A)(5) whose rights under this act are violated may seek injunctive relief or damages in a court of competent jurisdiction.
Subsection (G) establishes the bill's enforcement framework. Compliance is a condition of participation in state-funded education programs, creating a funding-based enforcement mechanism. School entities or vendors that violate the act face contractual remedies, administrative penalties, or other remedies provided by law. Parents whose rights under the act are violated may seek injunctive relief or damages in a court of competent jurisdiction, establishing a private right of action.
(H)(1)–(3) Nothing in this act shall be construed to: (1) require the use of artificial intelligenceArtificial intelligence"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.S.C. Code § 59-28-195(A)(1) 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.
Subsection (H) is a savings clause clarifying that nothing in the act requires use of AI in K–12 education, limits parental authority over a child's education, or expands state control over curriculum or local school governance beyond existing law.