Trans Legislation Tracker

SC S1213


South Carolina Student Physical Privacy Act

Amend The South Carolina Code Of Laws By Enacting The "south Carolina Student Physical Privacy Act" By Adding Article 4 To Chapter 23, Title 59 So As To State Purposes, Provide Definitions, Provide That Every Public School Restroom And Changing Facility That Is Accessible By Multiple Persons Must Be Designated For Use Only By Members Of One Sex, And To Provide Civil Penalties.

Selected quotes

Section 59-23-430. (A)(1) Every public school restroom and changing facility that is accessible by multiple persons at the same time must be designated for use only by members of one sex. (2) Any public school restrooms and changing facilities that are designated for one sex must be used only by members of that sex. A person may not enter a restroom or changing facility that is designated for one sex unless he is a member of that sex. The public school with authority over that building must ensure that all restrooms and changing facilities provide its users with privacy from members of the opposite sex.

(3) During any public school authorized-activity or event where students share overnight lodging, a student may not share a bedroom or multioccupancy restroom with a member of the opposite sex, unless such persons are members of the same family, such as a parent, guardian, sibling, or grandparent.

(4) In any other public school facility or setting where a person may be in a state of undress in the presence of others, school personnel shall provide separate, private areas designated for use by persons based on their sex, and a person may not enter these private areas unless he is a member of the designated sex.

Section 59-23-440. (A) Students who, while accessing a public school restroom, changing facility, or overnight lodging designated for use by their sex, encounter a person of the opposite sex in that facility, have a private cause of action against the public school if: (1) the public school gave that person permission to use facilities of the opposite sex; or (2) the public school failed to take reasonable steps to prohibit that person from using facilities of the opposite sex.

Legislative Session


125th General Assembly


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2024-03-27Referred to Committee on Education
2024-03-27Introduced and read first time