Student Physical Privacy Act
S0199, titled the Student Physical Privacy Act, would require multi-occupancy restrooms and changing facilities in South Carolina public schools and public institutions of higher learning to be designated for use by only one sex. The bill defines key terms such as restroom, changing facility, sleeping quarters, sex, male, and female, and it generally bars schools and public colleges from using funds to maintain or operate noncompliant facilities or to sponsor overnight activities that do not comply with the bill’s privacy rules.
The bill also requires schools and institutions to take reasonable steps to provide privacy from the opposite sex, and it restricts shared overnight lodging so that students are not required to share sleeping quarters or multi-occupancy restrooms with members of the opposite sex except for certain family relationships. It creates exceptions for custodial or maintenance work, medical assistance, emergencies, natural disasters, and situations involving disabled persons or young children needing physical assistance. The act would take effect upon approval by the Governor.
If enacted, the bill would add a new section to Title 59, Chapter 23 of the South Carolina Code governing student physical privacy in public schools and public higher education. It would impose operational requirements on school districts and public institutions of higher learning regarding restroom, changing facility, and overnight lodging access, and it would authorize a private cause of action for declaratory and injunctive relief, including attorney’s fees and costs for prevailing plaintiffs. For public institutions of higher learning, the bill also establishes a financial penalty tied to 25 percent of appropriated funds used to support operations if the institution violates the provision.
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available materials. Based on the bill text alone, the measure appears to advance a strong privacy-based, sex-segregation approach for school and college facilities, which typically attracts support from proponents of single-sex facility access and concern from those favoring transgender-inclusive policies. The absence of voting history means the overall legislative sentiment cannot be measured from the provided record.
The main points of contention are likely to center on the bill’s requirement that multi-occupancy restrooms and changing facilities be limited to one sex, its definitions of sex, male, and female, and its private right of action allowing individuals to sue schools or colleges for noncompliance. Opponents would likely focus on the bill’s impact on transgender students and the administrative burden on schools and institutions, while supporters would emphasize privacy, safety, and parental concerns. The bill’s exceptions for medical care, emergencies, maintenance, and accommodations for disabled persons and young children may also be debated as to whether they are sufficient or too narrow.