The Committee on Education proposes the following amendment (SEDU-4756.DB0002S):

Amend the bill, as and if amended, SECTION 2, by striking Sections 59-23-520 and 59-23-530 and inserting:

 Section 59-23-520. A public school district may 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. A public school district that violates any portion of this article shall have twenty-five percent of the funds appropriated by the General Assembly that are used to support the school district's operations withheld until the district is determined to be in complianceThe 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..

 Section 59-23-530. A public institution of higher learning may 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.

Amend the bill further, SECTION 2, by striking Section 59-23-540(A)(1) and (2) and inserting:

(1) All public school buildings and all buildings in public institutions of higher learning must provide at least one an accommodation for a single-user restroom and changing facility.
  (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 may 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.

Amend the bill further, SECTION 2, by striking Section 59-23-540(B) and (C) and inserting:

 (B) During any public school or public institution of higher learning-authorized activity or event where students share overnight lodging, no student may 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 may shall enter these private areas unless he or she is a member of the designated sex.

Amend the bill further, SECTION 2, by striking Section 59-23-550(A), (B), and (C) and inserting:

 (A) An employee or studentindividual 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) provided granted the person permission to use a restroom or changing facility of the opposite sex; or
  (2) failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing facility of the opposite sex.
 (B) An employee or studentindividual 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 employee or studentindividual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending public school or public institution of higher learning.

Renumber sections to conform.

Amend title to conform.