S 1087  General Bill, By Cash, Rice, Massey, Turner, Climer, Loftis, Goldfinch, 
Campbell, Corbin, Hembree, Gambrell, Talley, Verdin, Cromer and Young
 A BILL TO AMEND SECTION 59-39-160 OF THE 1976 CODE, RELATING TO THE
 REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES, TO PROVIDE THAT
 A STUDENT'S BIOLOGICAL SEX SHALL BE CONCLUSIVE IN A DETERMINATION CONCERNING
 WHETHER THE STUDENT MAY PARTICIPATE ON A TEAM COMPETING IN AN INTERSCHOLASTIC
 ACTIVITY THAT IS UNDER THE JURISDICTION OF THE SOUTH CAROLINA HIGH SCHOOL
 LEAGUE.
1087.htm">View full text
   02/06/20  Senate Introduced and read first time (Senate Journal-page 4)
   02/06/20  Senate Referred to Committee on Education
                     (Senate Journal-page 4)

S. 1087

TO AMEND SECTION 59-39-160 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES, TO PROVIDE THAT A STUDENT'S BIOLOGICAL SEX SHALL BE CONCLUSIVE IN A DETERMINATION CONCERNING WHETHER THE STUDENT MAY PARTICIPATE ON A TEAM COMPETING IN AN INTERSCHOLASTIC ACTIVITY THAT IS UNDER THE JURISDICTION OF THE SOUTH CAROLINA HIGH SCHOOL LEAGUE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 59-39-160 of the 1976 Code is amended to read:

    "Section 59-39-160.    (A)    To participate in interscholastic activities, students in grades nine through twelve must achieve an overall passing average and either:

        (1)    pass at least four academic courses, including each unit the student takes that is required for graduation; or

        (2)    pass a total of five academic courses. Students must satisfy these conditions in the semester preceding participation in the interscholastic activity, if the interscholastic activity occurs completely within one semester or in the semester preceding the first semester of participation in an interscholastic activity if the interscholastic activity occurs over two consecutive semesters and is under the jurisdiction of the South Carolina High School League.

    (B)    Academic courses are those courses of instruction for which credit toward high school graduation is given. These may be required or approved electives. All activities currently under the jurisdiction of the South Carolina High School League remain in effect. The monitoring of all other interscholastic activities is the responsibility of the local boards of trustees. Those students diagnosed as handicapped in accordance with the criteria established by the State Board of Education and satisfying the requirements of their Individual Education Plan (IEP) as required by Public Law 94-142 are permitted to participate in interscholastic activities. A local school board of trustees may impose more stringent standards than those contained in this section for participation in interscholastic activities by students in grades nine through twelve.

    (C)(1)    For the purposes of this subsection, 'biological sex' means the physical condition of being male or female, which is stated on a person's original birth certificate issued at the time of birth.

        (2)    In a determination based upon the sex of a student concerning whether the student may participate on a team competing in an interscholastic activity that is under the jurisdiction of the South Carolina High School League, the student's biological sex shall be conclusive. Upon the request of the South Carolina High School League, the student must produce a birth certificate to establish the student's biological sex. The South Carolina High School League shall not accept a birth certificate for the purposes of this section that has been revised or amended with respect to the student's biological sex.

    (D)    The State Board of Education may grant a waiver of the requirements of this section.

        (1)    This waiver may be granted when a written statement from a school district superintendent and athletic director has been received stating circumstances, including, but not limited to:

            (a)    a student's ineligibility to participate in interscholastic activities is due to misinformation concerning eligibility requirements being provided by district personnel;

            (b)    a student's ineligibility to participate in interscholastic activities is due to a long-term absence as a result of a medical condition, but the student has been medically cleared to participate by his health care practitioner; or

            (c)    any reasonable circumstance as determined by the State Board of Education.

        (2)    The State Board of Education shall establish guidelines to administer this section."

SECTION    2.    This act takes effect upon approval by the Governor.