South Carolina Law > Code of Laws > Title 59

SECTION 59-23-210. Construction, improvement, and renovation of public schools; compliance with the South Carolina School Facilities Planning and Construction Guide; committee members; submission of plans.

(A) All construction, improvement, and renovation of public school buildings and property on or after the effective date of this section shall comply with the latest applicable standards and specifications set forth in the South Carolina School Facilities Planning and Construction Guide as published by the South Carolina Department of Education.

This guide must be reviewed and updated on an annual basis by a committee appointed by the South Carolina Department of Education. The committee shall consist of a minimum of two architects and one engineer who are all registered in South Carolina and experienced in K-12 design, one K-12 school administrator, one representative of the K-12 construction industry, the State Fire Marshal or his designee, a representative of the Traffic Engineering Division of the South Carolina Department of Transportation, and two representatives of the South Carolina Department of Education. In addition, the Chairman of the House of Representatives Education and Public Works Committee or his designee and the Chairman of the Senate Education Committee or his designee shall also serve as members of the committee, ex officio.

(B) All construction, improvement, and renovation of public school buildings and property on or after the effective date of this section must have plans and specifications submitted to the State Superintendent of Education or the superintendent's designee. Approval of the plans and specifications by the State Superintendent of Education or the superintendent's designee must be received before public bidding before the construction can begin. Plans and specifications must be coordinated with county officials such as traffic engineers and zoning administrators.

HISTORY: 2003 Act No. 87, SECTION 1, eff July 16, 2003.

SECTION 59-23-220. Inspections; certificate of approval.

All construction, improvements, and renovation of public school buildings and property must be inspected by the State Superintendent of Education or the superintendent's designee for compliance with the applicable codes and standards.

A certificate of approval must be obtained from the State Superintendent of Education or the superintendent's designee before a building may be occupied.

HISTORY: 2003 Act No. 87, SECTION 1, eff July 16, 2003.

SECTION 59-23-230. Waiver from applicable school building regulations; property owner permitted to lease building to school board for use as public school.

(A) Notwithstanding any other provision of law, the State Superintendent of Education is authorized to grant a waiver from applicable school building regulations relating to building square foot requirements for construction of a new public school building or for the conversion of an existing commercial building into a public school facility. As part of the waiver request, districts must supply documentation of the suitability of the property and justification for the waiver request.

(B) The authority granted the State Superintendent of Education under this section is superior to and supersedes provisions of applicable state school building regulations and the authority of a local building official or entity to disapprove the variances granted by the waiver. A provision of fire and life safety standards or specifications must not be waived.

(C) The property owner of a building considered appropriate for conversion to a public school by the State Superintendent of Education may lease its building to a local school board of trustees to be used as a public school within the district.

HISTORY: 2003 Act No. 87, SECTION 1, eff July 16, 2003.

SECTION 59-23-240. Inspection of public schools required after waiver of school building regulations granted.

All construction, improvements, and renovation of public school buildings and property for which waivers have been granted pursuant to Section 59-23-230 must be inspected by the State Superintendent of Education or the superintendent's designee before occupancy for compliance with the applicable waivers and standards.

HISTORY: 2003 Act No. 87, SECTION 1, eff July 16, 2003.

SECTION 59-23-245. Fixture ratios for middle school and high school stadiums.

(A) Notwithstanding applicable national, state, or local building codes, plumbing codes, school building regulations, or other provisions of law relating to the minimum numbers of required plumbing fixtures for stadiums in middle schools and high schools based on occupancy and use, the minimum number of:

(1) toilets for male restrooms required for a stadium are:

(a) one per two hundred for the first fifteen hundred occupancy;

(b) one per two hundred fifty for the next fifteen hundred occupancy; and

(c) one per five hundred for the remainder occupancy;

(2) toilets for female restrooms required for a stadium are:

(a) one per one hundred for the first one thousand five hundred twenty occupancy;

(b) one per one hundred fifty for the next one thousand five hundred twenty occupancy; and

(c) one per three hundred for the remainder occupancy;

(3) lavatories for male restrooms required for a stadium are one per three hundred; and

(4) lavatories for female restrooms required for a stadium are one per three hundred.

(B) The provisions of this section apply to all middle school stadiums and high school stadiums built or renovated after the effective date of this act and all middle school stadiums and high school stadiums in existence or in the process of being planned, constructed, or renovated on the effective date of this act. However, a stadium that is being renovated but is not replacing existing seating or adding new seating may not be required to add water closets or lavatories to conform to the provisions of this section or any other applicable building code, plumbing code, school building regulations, or another provision of law. For a stadium that is being renovated to replace existing or add new seating, the plumbing fixtures requirements apply only to the number of new seats being added or replaced.

(C) To determine the occupant load of each sex, the total occupant load must be divided in half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type must be applied to the occupant load of each sex in accordance with subsection (A). Fractional numbers resulting from applying the fixture ratios must be rounded up to the next whole number. For calculations involving multiple occupancies, such fractional numbers for each occupancy first must be summed and then rounded up to the next whole number. However, the total occupant load must not be required to be divided in half where approved statistical data indicates a distribution of the sexes of other than fifty percent of each sex.

HISTORY: 2017 Act No. 25 (H.3792), SECTION 1, eff May 9, 2017.

SECTION 59-23-250. Minimum lot requirements prohibited; acquisitions or additions on existing properties.

(A) Notwithstanding another provision of law, a requirement that public schools be constructed on a lot or parcel of certain minimum size is prohibited.

(B) School districts must receive approval from the South Carolina Department of Education prior to property acquisition or additions on existing properties.

HISTORY: 2003 Act No. 87, SECTION 1, eff July 16, 2003.


SECTION 59-23-310. Conveyance of title to school building not necessary for school purposes authorized.

The trustees of any school district may convey, in fee simple, title to any school building within the district which is no longer needed for school purposes upon compliance with the provisions of Section 59-19-250.

HISTORY: 1962 Code SECTION 21-331; 1954 (48) 1468; 1956 (49) 2091; 1965 (54) 678; 1967 (55) 213; 1971 (57) 28; 1972 (57) 2126.

SECTION 59-23-320. Certain conveyances or transfers prior to February 25, 1954 validated.

All conveyances or transfers made prior to February 25, 1954 to trustees even though not elected as formerly provided in this article are hereby validated, ratified and confirmed according to the terms and conditions of such deeds of conveyance.

HISTORY: 1962 Code SECTION 21-336; 1954 (48) 1468; 1972 (57) 2126.


Editor's Note

2026 Act No. 152, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'South Carolina Student Physical Privacy Act.'"

SECTION 59-23-510. Definitions.

As used in this article:

(1) "Changing facility" means a facility in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room.

(2) "Restroom" means a facility that includes one or more toilets or urinals.

(3) "Sex" means a person's biological sex, either male or female, as observed or clinically verified at birth.

(4) "Sleeping quarters" means a room with a bed in which more than one individual is housed overnight.

(5) "Female" means an individual who naturally has, had, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

(6) "Male" means an individual who naturally has, had, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.

(7) "Multioccupancy" means a space designed for use by multiple persons simultaneously.

(8) "Accommodation" means:

(a) a single-user restroom or changing facility;

(b) temporary exclusive use of a multioccupancy restroom or changing facility; or

(c) a single-user portable restroom or changing facility.

HISTORY: 2026 Act No. 152 (H.4756), SECTION 2, eff May 15, 2026.

Editor's Note

2026 Act No. 152, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'South Carolina Student Physical Privacy Act.'"

SECTION 59-23-520. Prohibiting use of funds to maintain or operate noncompliant public school facilities.

A public school district shall not permit any public school within the district to use any funds to maintain or operate any restroom or changing facility on its premises that is not in compliance with this article or facilitate any public school-authorized activity or event involving overnight lodging that is not in compliance with this article. The South Carolina State Board of Education shall direct the South Carolina Department of Education to withhold twenty-five percent of the funds appropriated by the General Assembly that are used to support the school district's operations for any district that violates any portion of this article until the South Carolina State Board of Education determines the school district is in compliance.

HISTORY: 2026 Act No. 152 (H.4756), SECTION 2, eff May 15, 2026.

Editor's Note

2026 Act No. 152, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'South Carolina Student Physical Privacy Act.'"

SECTION 59-23-530. Prohibiting use of funds to maintain or operate noncompliant higher education facilities.

A public institution of higher learning shall not use any funds to maintain or operate any restroom or changing facility on its premises that is not in compliance with this article or facilitate any institution-authorized activity or event involving overnight lodging that is not in compliance with this article. A public institution of higher learning that violates any portion of this article, as determined by the South Carolina Commission on Higher Education, shall have twenty-five percent of the funds to be appropriated by the General Assembly that are used to support the institution's operations withheld until the institution is determined to be in compliance by the South Carolina Commission on Higher Education.

HISTORY: 2026 Act No. 152 (H.4756), SECTION 2, eff May 15, 2026.

Editor's Note

2026 Act No. 152, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'South Carolina Student Physical Privacy Act.'"

SECTION 59-23-540. Public schools or institutions of higher learning; single-sex multioccupancy restrooms, changing facilities, and housing; single-use accommodations.

(A)(1) All public schools and public institutions of higher learning must provide for a single-user restroom and changing facility or an accommodation. The single-user restroom and changing facility in this section need not be two separate accommodations.

(2) Multioccupancy public school or public institution of higher learning restrooms and changing facilities must be designated for use only by members of one sex at a time, on either a permanent basis or temporary or event-based basis. Any public school or public institution of higher learning restrooms and changing facilities that are designated for one sex must be used only by members of that sex. Any restroom or changing facility designated for one sex on a temporary or event-based basis, must be used only by members of that sex during the period of such designation. No person shall enter a restroom or changing facility that is designated for one sex unless he or she is a member of that sex; and the public school or public institution of higher learning shall take reasonable steps to ensure that all restrooms and changing facilities provide its users with privacy from members of the opposite sex. The provisions in this item do not apply:

(a) to custodial or maintenance work when the restroom or changing facility is not being used or otherwise occupied by a member of the opposite sex;

(b) to provide coaching or athletic training during athletic events by coaching staff in changing rooms when no individual is in a state of undress;

(c) to a person or people rendering medical assistance; and

(d) during a natural disaster, emergency, or when use of the restroom or changing facility is necessary to prevent a serious threat to good order or student safety.

(B) During any public school or public institution of higher learning-authorized activity or event where students share overnight lodging, no student shall be required to share a sleeping quarter or multioccupancy restroom or changing facility with a member of the opposite sex, unless such persons are members of the same family, such as a parent, legal guardian, sibling, or grandparent.

(C) In any other public school or public institution of higher learning 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 no person shall enter these private areas unless he or she is a member of the designated sex.

(D) A public institution of higher learning that offers housing for student residents must provide students the option to be housed only with persons of the same sex.

HISTORY: 2026 Act No. 152 (H.4756), SECTION 2, eff May 15, 2026.

Editor's Note

2026 Act No. 152, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'South Carolina Student Physical Privacy Act.'"

SECTION 59-23-550. Civil actions; attorney's fees and costs.

(A) An individual who, while accessing a restroom or changing facility designated for use by their sex, encounters a person of the opposite sex in that restroom or changing facility, has a private cause of action for declaratory and injunctive relief against the public school or public institution of higher learning that:

(1) granted the person permission to use a restroom or changing facility of the opposite sex in violation of this article; or

(2) failed to take reasonable steps which may include, but are not limited to, clear and recognizable signage designating the appropriate sex for the restroom or changing facility to prohibit the person of the opposite sex from using the restroom or changing facility of the opposite sex.

(B) An individual required by the public school or public institution of higher learning to share sleeping quarters with a person of the opposite sex has a private cause of action for declaratory and injunctive relief against the offending public school or public institution of higher learning.

(C) All civil action brought pursuant to this section must be initiated within two years after the violation occurred. An individual aggrieved under this section who prevails in court may recover reasonable attorney's fees and costs from the offending public school or public institution of higher learning.

HISTORY: 2026 Act No. 152 (H.4756), SECTION 2, eff May 15, 2026.

Editor's Note

2026 Act No. 152, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'South Carolina Student Physical Privacy Act.'"

SECTION 59-23-560. Construction of article.

(A) Nothing in this article may be construed to prohibit public schools or public institutions of higher learning from adopting policies necessary to accommodate disabled persons protected under the Americans with Disabilities Act, elderly persons requiring aid, or young children in need of physical assistance when using restrooms or changing facilities.

(B) Nothing in this article may be construed to prohibit public schools or public institutions of higher learning from establishing single-occupancy restrooms, changing facilities, or sleeping quarters, or family restrooms, changing facilities, or sleeping quarters.

(C) Nothing in this article may be construed to prohibit public schools or public institutions of higher learning from redesignating a multioccupancy restroom, changing facility, or sleeping quarters designated for exclusive use by one sex to a designation for exclusive use by the opposite sex, on either a permanent basis or temporary or event-based basis.

HISTORY: 2026 Act No. 152 (H.4756), SECTION 2, eff May 15, 2026.

Editor's Note

2026 Act No. 152, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'South Carolina Student Physical Privacy Act.'"

SECTION 59-23-570. Severability.

If any subsection or portion of this article is declared invalid, that declaration shall not affect the validity of the remaining portions of the article.

HISTORY: 2026 Act No. 152 (H.4756), SECTION 2, eff May 15, 2026.

Editor's Note

2026 Act No. 152, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'South Carolina Student Physical Privacy Act.'"