South Carolina Student Physical Privacy Act

2025-2026 Bill 4756: South Carolina Student Physical Privacy Act

South Carolina General Assembly

126th Session, 2025-2026

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This Bill
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A152, R202, H4756

STATUS INFORMATION

General Bill

Sponsors: 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, Sessions, 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, McCabe, Gibson and Bowers

Companion/Similar bill(s): 3263

Document Path: LC-0515WAB26.docx

Introduced in the House on January 13, 2026

Introduced in the Senate on February 4, 2026

Last Amended on March 25, 2026

Currently residing in the House

Governor's Action: May 15, 2026, Signed

Summary: South Carolina Student Physical Privacy Act

HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 79
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 79
)

1/14/2026

House

Member(s) request name added as sponsor: White,
D. Mitchell, Cromer, Gilreath, Huff

1/15/2026

House

Member(s) request name added as sponsor: Landing

1/21/2026

House

Member(s) request name added as sponsor:
Lastinger, Teeple, Guffey, McCabe

1/22/2026

House

Committee report: Favorable with amendment
Judiciary
(
House Journal-page 16
)

1/28/2026

House

Member(s) request name added as sponsor: Gibson,
Bowers

1/28/2026

House

Amended (
House Journal-page 410
)

1/28/2026

House

Requests for debate-Rep(s). Hiott, Pope,
Magnuson, McCravy, Edgerton, Gisbson, Terribile,
Morgan, Calhoon, Cox, Ford, Cromer, Robbins,
Gatch, Whitmire, Duncan (
House Journal-page 410
)

1/29/2026

House

Amended (
House Journal-page 26
)

1/29/2026

House

Read second time (
House Journal-page 26
)

1/29/2026

House

Roll call Yeas-96 Nays-19 (
House Journal-page 30
)

2/3/2026

House

Read third time and sent to Senate (
House Journal-page 20
)

2/3/2026

Scrivener's error corrected

2/4/2026

Senate

Introduced and read first time (
Senate Journal-page 11
)

2/4/2026

Senate

Referred to Committee on
Education
(
Senate Journal-page 11
)

3/17/2026

Senate

Committee report: Favorable with amendment
Education
(
Senate Journal-page 11
)

3/24/2026

Senate

Special order, set for March 24, 2026 (
Senate Journal-page 26
)

3/25/2026

Senate

Committee Amendment Adopted (
Senate Journal-page 48
)

3/25/2026

Senate

Amended (
Senate Journal-page 48
)

3/25/2026

Senate

Read second time (
Senate Journal-page 48
)

3/25/2026

Senate

Roll call Ayes-35 Nays-2 (
Senate Journal-page 48
)

3/26/2026

Senate

Read third time and returned to House with amendments (
Senate Journal-page 49
)

3/26/2026

Senate

Roll call Ayes-33 Nays-2 (
Senate Journal-page 49
)

4/1/2026

House

Debate adjourned until Tues., 4-14-26 (
House Journal-page 28
)

4/1/2026

Scrivener's error corrected

4/15/2026

House

Concurred in Senate amendment and enrolled (
House Journal-page 80
)

4/15/2026

House

Roll call Yeas-77 Nays-31 (
House Journal-page 81
)

5/14/2026

Ratified R 202

5/15/2026

Signed By Governor

5/26/2026

Effective date 05/15/26

5/26/2026

Act No. 152

View the latest
legislative information
at the website

VERSIONS OF THIS BILL

12/17/2025
01/22/2026
01/28/2026
01/29/2026
02/03/2026
03/17/2026
03/25/2026
04/01/2026

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

(A152, R202, H4756)

AN ACT 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 FACILITIES IN PUBLIC SCHOOLS AND PUBLIC INSTITUTIONS OF HIGHER LEARNING, TO DEFINE NECESSARY TERMS, AND TO PROVIDE PENALTIES FOR NONCOMPLIANCE, AMONG OTHER THINGS.

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

Citation

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

Student Physical Privacy

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.

(8) "Accommodation" means:

(a) a single-user restroom or changing facility;

(b) temporary exclusive use of a multioccupancy restroom or changing facility; or

(c) a single-user portable restroom or changing facility.

Section 59-23-520. A public school district 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. The 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 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.

Section 59-23-540. (A)(1) All public schools and public institutions of higher learning must provide for a single-user restroom and changing facility or an accommodation. The single-user restroom and changing facility in this section need not be two separate accommodations.

(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 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.

(B) During any public school or public institution of higher learning-authorized activity or event where students share overnight lodging, no student 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 shall 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) granted the person permission to use a restroom or changing facility of the opposite sex in violation of this article; or

(2) failed to take reasonable steps which may include, but is not limited to, clear and recognizable signage designating the appropriate sex for the restroom or changing facility 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's fees and costs from the offending public school or public institution of higher learning.

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.

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.

Time effective

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

Ratified the 14th day of May, 2026.

Approved the 15th day of May, 2026.

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This web page was last updated on
June 11, 2026 at 3:00 PM