South Carolina General Assembly
126th Session, 2025-2026

Download This Bill in Microsoft Word format

R245, H3195

STATUS INFORMATION

General Bill
Sponsors: Reps. Haddon, Pope, Pedalino, Chumley, Taylor, Erickson, Bradley, Hixon, Ligon, Weeks, Oremus, Hartz, Williams, Luck, Gilliard, Rivers and Anderson
Document Path: LC-0047WAB25.docx

Introduced in the House on January 14, 2025
Introduced in the Senate on February 18, 2025
Last Amended on May 13, 2026
Currently residing in the Senate
Governor's Action: May 18, 2026, Signed

Summary: Unstructured and self-directed recess in public schools

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
12/5/2024 House Prefiled
12/5/2024 House Referred to Committee on Education and Public Works
1/14/2025 House Introduced and read first time (House Journal-page 123)
1/14/2025 House Referred to Committee on Education and Public Works (House Journal-page 123)
2/4/2025 House Member(s) request name added as sponsor: Erickson, Bradley
2/6/2025 House Committee report: Favorable with amendment Education and Public Works (House Journal-page 13)
2/11/2025 House Member(s) request name added as sponsor: Hixon
2/11/2025 Scrivener's error corrected
2/12/2025 House Member(s) request name added as sponsor: Ligon, Weeks, Oremus, Hartz, Williams, Luck
2/12/2025 House Debate adjourned until Thur., 2-13-25 (House Journal-page 91)
2/13/2025 House Member(s) request name added as sponsor: Gilliard, Rivers, Anderson
2/13/2025 House Amended (House Journal-page 22)
2/13/2025 House Read second time (House Journal-page 22)
2/13/2025 House Roll call Yeas-101 Nays-3 (House Journal-page 23)
2/13/2025 House Unanimous consent for third reading on next legislative day (House Journal-page 25)
2/18/2025 Senate Introduced and read first time (Senate Journal-page 7)
2/18/2025 Senate Referred to Committee on Education (Senate Journal-page 7)
2/18/2025 Scrivener's error corrected
3/25/2026 Senate Committee report: Favorable with amendment Education (Senate Journal-page 9)
4/29/2026 Senate Committee Amendment Adopted (Senate Journal-page 54)
4/29/2026 Senate Amended (Senate Journal-page 54)
4/29/2026 Senate Read second time (Senate Journal-page 54)
4/29/2026 Senate Roll call Ayes-41 Nays-2 (Senate Journal-page 54)
4/30/2026 Senate Read third time and returned to House with amendments (Senate Journal-page 34)
5/6/2026 Scrivener's error corrected
5/7/2026 House Debate adjourned (House Journal-page 38)
5/12/2026 House Debate adjourned (House Journal-page 102)
5/13/2026 House Senate amendment amended (House Journal-page 135)
5/13/2026 House Returned to Senate with amendments (House Journal-page 135)
5/13/2026 House Roll call Yeas-102 Nays-11 (House Journal-page 137)
5/14/2026 Senate Concurred in House amendment and enrolled (Senate Journal-page 117)
5/15/2026 Ratified R 245
5/18/2026 Signed By Governor

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/05/2024
02/06/2025
02/11/2025
02/13/2025
02/18/2025
03/25/2026
04/29/2026
05/06/2026
05/13/2026


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R245, H3195)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-10-10, RELATING TO PHYSICAL EDUCATION AND PHYSICAL ACTIVITY REQUIREMENTS IN PUBLIC SCHOOLS, SO AS TO EXPAND SUCH REQUIREMENTS TO INCLUDE STUDENTS IN FOUR-YEAR-OLD KINDERGARTEN THROUGH EIGHTH GRADE AND TO ESTABLISH REQUIREMENTS FOR PHYSICAL EDUCATION, PHYSICAL ACTIVITY, AND RECESS; BY AMENDING SECTION 59-10-30, RELATING TO PHYSICAL EDUCATION ACTIVITY DIRECTORS AND VOLUNTEERS, SO AS TO INCLUDE NONCERTIFIED STAFF AND MAKE CONFORMING CHANGES; BY AMENDING SECTION 59-29-80, RELATING TO REQUIRED SUBJECTS AND PHYSICAL EDUCATION COURSEWORK, SO AS TO EXEMPT CERTAIN MIDDLE SCHOOL STUDENTS WHO ARE ATTEMPTING HIGH SCHOOL CREDITS; AND TO REDESIGNATE ARTICLE 1, CHAPTER 10, TITLE 59 AS "PHYSICAL EDUCATION AND ACTIVITY."

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

Physical activity and education standards, prescribed times

SECTION 1.    Section 59-10-10(A) of the S.C. Code is amended to read:

(A)(1) The goal of this article is to provide every public school student in four-year-old kindergarten through eighth grade with a prescribed amount of time in physical education and/or of physical activity daily.

(2) Beginning in the 2028-2029 School Year, students in kindergarten through fifth grade must be provided a minimum of one hundred fifty minutes a week of physical education and physical activity, a majority of which must be physical education. Students in sixth grade through eighth grade must be provided a minimum of sixty hours of physical education and physical activity during each school year, a majority of which must be physical education. Physical education courses offered in kindergarten through eighth grade must meet academic standards adopted by the State Board of Education. The certified physical education teacher to student ratio is designed to provide students in kindergarten through eighth grade with scheduled physical education and must be based on the South Carolina Physical Education Curriculum Standards. The student to teacher ratio in a physical education class may not exceed the average student to teacher ratio as specified in the defined program. An individual student's fitness status must be reported to his parent or guardian during a student's fifth grade, eighth grade, and high school physical education courses. The physical activity must be planned and coordinated by the certified/licensed Physical Education Activity Director pursuant to Section 59-10-30.

(3) Every student in four-year-old kindergarten through fifth grade must be provided a minimum of twenty minutes of unstructured outdoor recess daily, with allowance for short-term interruption not to exceed three consecutive school days due to facility and staffing availability, in addition to the time required to meet existing physical education standards of this title and other academic curriculum requirements.

(4) In the event of inclement weather, the school shall hold recess period indoors as conducive to allowing physical activity as practical. Recess periods may not be used to fulfill any curriculum or physical education requirements and cannot be removed as a form of punishment to an individual or group more than two days per week.

Physical activity and education standards, annual reporting, arts displacement prohibited

SECTION 2.    Section 59-10-10(C) and (D) of the S.C. Code is amended to read:

(C) Each district shall annually report to the State Department of Education by June fifteenth, the number of minutes of physical education instruction and the minutes of additional physical activity students receive daily with a total for the week. The report must be listed by school and by individual class and grade level. The State Department of Education shall provide a summary of this information to the General Assembly by December first of each year.

(D) The implementation of the requirements of Section 59-10-10(A) shall not result in the replacement or reduction of time dedicated to instruction in the arts taught by certified arts specialists.

Physical activity and education standards, noncertified staff, conforming changes

SECTION 3.    Section 59-10-30(C) of the S.C. Code is amended to read:

(C) Noncertified staff or adult volunteers may assist in implementing or supervising these structured physical activities, including the daily recess requirement in Section 59-10-10(A), if approved by the district superintendent. If volunteers are used, appropriate liability insurance must be provided. The director annually shall submit to the principal a report outlining the additional physical activities for students.

Physical education requirement exemptions

SECTION 4.    Section 59-29-80(B) of the S.C. Code is amended to read:

(B) A student may be exempted from physical education requirements in Section 59-29-80(A) and Section 59-10-10(A)(2) by seeking a waiver from the local school board of trustees. The local board may grant such a request based on the following criteria:

(1) the student must present a statement by his attending physician indicating that participation in physical education will jeopardize the student's health and well-being; or

(2)(a) the parent and student must show that the student's attending physical education classes will violate their religious beliefs and would not be merely a matter of personal objection; and

(b) the parent or student must be members of a recognized religious faith that objects to physical education as part of its official doctrine or creed; or

(3)(a) for students in seventh or eighth grade who seek middle school level physical education credit, a student taking units of ninth grade or higher work for high school credit at an off-campus location; and

(b) the school has made reasonable efforts to accommodate the student's participation in physical education;

(4)(a) for students in eighth grade who seek middle school level physical education credit, a student taking three or more units of ninth grade or higher work for high school credit; and

(b) the school has made reasonable efforts to accommodate the student's participation in physical education.

The local board shall encourage the student to take, as an alternative to physical education, appropriate instruction in health education or other instruction in lifestyle modification if an exemption is granted pursuant to this section.

Article redesignation

SECTION 5.    Article 1, Chapter 10, Title 59 of the S.C. Code is redesignated "Physical Education and Activity."

Implementation deadline

SECTION 6.    The provisions of this act must be fully implemented by July 1, 2028.

Time effective

SECTION 7.    This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2026.

Approved the 18th day of May, 2026. -- S.

----XX----


This web page was last updated on May 27, 2026 at 11:04 AM