Indicates Matter Stricken

Indicates New Matter

 

Committee Report

January 22, 2026

 

H. 4756

 

Introduced by Reps. Pope, Bailey, Ballentine, Brewer, Brittain, Bustos, Caskey, Chapman, Crawford, Davis, Duncan, Forrest, Gagnon, Gatch, Gilliam, Guest, Hardee, Hartz, Herbkersman, Hewitt, Hiott, Hixon, Holman, J. E. Johnson, Lawson, Ligon, Long, Lowe, Martin, McCravy, McGinnis, C. Mitchell, T. Moore, W. Newton, Oremus, Pedalino, Rankin, Robbins, Sanders, Schuessler, G. M. Smith, M. M. Smith, Taylor, Vaughan, Whitmire, Wickensimer, Willis, Wooten, Yow, B. Newton, Chumley, Edgerton, Magnuson, Terribile, White, D. Mitchell, Cromer, Gilreath, Huff, Landing, Lastinger, Teeple, Guffey and McCabe

 

S. Printed 1/22/26--H.

Read the first time January 13, 2026

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 4756) to amend the South Carolina Code of Laws by enacting the "South Carolina Student Physical Privacy Act" by adding Article 5 to Chapter 23, Title 59 so as to provide, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

   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 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 must be penalized twenty-five percent of the funds appropriated by this articlethe General Assembly that are used to support the school district's operations.

 

    Section 59-23-530. A public institution of higher learning may 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 must be penalized twenty-five percent of the funds appropriated by this articlethe General Assembly that are used to support the institution's operations.

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

    (A) 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 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 with authority over that building 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:

       (1) 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;

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

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

       (4) 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 may 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.

Amend the bill further, SECTION 2, by striking Section 59-23-560 and inserting:

    Section 59-23-560. (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.

Amend the bill further, SECTION 2, by adding:

    Section 59-23-570. 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.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill enacts the South Carolina Student Physical Privacy Act. The bill specifies that a public school district or public institution of higher learning that violates any portion of this article must be penalized 25 percent of the funds appropriated by this article that are used to support the school district or institution's operations.

 

The bill requires public schools and public institutions of higher education to ensure that their multi-occupancy restrooms and changing facilities be designated for use only by members of one sex and be used only by that sex. Additionally, during any public school or public institution of higher learning-authorized activity or event where students share overnight lodging, no student may be required to share a sleeping quarter or multioccupancy restroom with a member of the opposite sex, unless such persons are members of the same family. The bill also requires public schools and public institutions of higher learning to provide separate, private areas designated for use by members of one sex in facilities or settings where a person may be in a state of undress in the presence of others. Further, 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.

 

The bill also creates private causes of action against a public school or public institution of higher learning for 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, and for an individual required by the public school or public institution of higher learning to share sleeping quarters with a person of the opposite sex.

 

S.C. Department of Education. SCDE indicates that this bill will have no expenditure impact since any expenses can be managed with existing resources.

 

State Agency Schools. This bill will have no expenditure impact on state agency schools. The Governor's School for Agriculture at John de la Howe indicates that this bill will have no expenditure impact since any expenses can be managed with existing appropriations. The Governor's School for the Arts and Humanities, the Governor's School for Science and Mathematics, and the School for the Deaf and the Blind, and the Wil Lou Gray Opportunity School indicate that this bill will have no expenditure impact, as they are already in compliance with the provisions of the bill.

 

State Institutions of Higher Learning. USC, Clemson, CCU, CofC, and Lander indicate that this bill will have no expenditure impact on their institution, and that any expenses will be managed with existing resources. Clemson further indicates that the university is already in compliance with the provisions of the bill, but that additional costs may be incurred for future legal action. However, the amount of any potential legal actions is currently unknown.

 

Judicial. This bill may result in an increase in the number of civil cases heard in circuit court. However, the number of civil cases that will be filed as a result of the bill is unknown. Judicial anticipates that it will manage any increased expenditures related to the bill with its existing appropriations, but if the bill results in a significant increase in expenditures, Judicial will request an increase in General Fund appropriations.

 

State Revenue

This bill enacts the South Carolina Student Physical Privacy Act. The bill specifies that a public school district or public institution of higher learning that violates any portion of this article must be penalized 25 percent of the funds appropriated by this article that are used to support the school district or institution's operations. However, this bill does not appropriate funds. Therefore, it is unclear which funds will be subject to the penalty.

 

Local Expenditure

This bill enacts the South Carolina Student Physical Privacy Act. The bill specifies that a public school district that violates any portion of this bill must be penalized 25 percent of the funds appropriated by the bill that are used to support the school district's operations. However, this bill does not appropriate any funds. Therefore, it is unclear which funds will be subject to the penalty.

 

The bill requires public schools to ensure that their multi-occupancy restrooms and changing facilities be designated for use only by members of one sex and be used only by that sex. Additionally, during any public school-authorized activity or event where students share overnight lodging, no student may be required to share a sleeping quarter or multioccupancy restroom with a member of the opposite sex, unless such persons are members of the same family. The bill also requires public schools to provide separate, private areas designated for use by members of one sex in facilities or settings where a person may be in a state of undress in the presence of others.

The expenditure impact of this bill on the local school districts will vary. SCDE surveyed the seventy-two regular school districts and three charter school districts and received responses from twenty districts. Seventeen of the responding districts indicate that there will be no fiscal impact. One district indicates that this bill will increase costs by an undetermined amount. This district reports that many of its schools utilize gymnasiums to host camps and provide sleeping areas for students of all genders. This district also reports that its wrestlers often utilize the same locker areas to change clothes. One district indicates that the bill will increase expenses by an amount up to $40,000 to produce and install proper signage. This district also anticipates additional costs due to the need for staff training, training materials, and potential legal costs, which the district reports are currently unknown. One district indicates that expenses could be significant due to the potential need for facility modifications, signage, and privacy enhancements. This district reports that costs will vary depending on the scope of construction needed. This district further indicates that it anticipates costs due to staff training, which it reports can be managed with existing resources, and potential unknown legal costs.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA STUDENT PHYSICAL PRIVACY ACT" BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO PROVIDE VARIOUS MEASURES TO PROMOTE AND ENSURE PRIVACY AMONG SEXES USING CERTAIN RESTROOMS AND CHANGING FACILITIES IN PUBLIC SCHOOLS AND PUBLIC INSTITUTIONS OF HIGHER LEARNING, AND TO PROVIDE PENALTIES FOR NONCOMPLIANCE, AMONG OTHER THINGS.

 

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

 

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

 

SECTION 2.  Chapter 23, Title 59 of the S.C. Code is amended by adding:

 

Article 5

 

Student Physical Privacy

 

    Section 59-23-510. 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.

 

    Section 59-23-520. A public school district may 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 must be penalized twenty-five percent of the funds appropriated by this article that are used to support the school district's operations.

 

    Section 59-23-530. A public institution of higher learning may 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 must be penalized twenty-five percent of the funds appropriated by this article that are used to support the institution's operations.

 

    Section 59-23-540. (A) Multioccupancy public school or public institution of higher learning restrooms and changing facilities must be designated for use only by members of one sex. 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. No person may 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 with authority over that building 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:

       (1) 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;

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

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

       (4) 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 may be required to share a sleeping quarter or multioccupancy restroom 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 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.

 

    Section 59-23-550. (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) provided 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 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 fees and costs from the offending public school or public institution of higher learning.

 

    Section 59-23-560. Nothing in this article may be construed to prohibit schools or public institutions of higher learning from adopting policies necessary to accommodate disabled persons or young children in need of physical assistance when using restrooms or changing facilities.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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