COLUMBIA, S.C. — The South Carolina House of Representatives voted Wednesday to require students, staff, and visitors at all public schools and universities in the state to use bathrooms and changing facilities corresponding to their sex assigned at birth.
Following a sometimes contentious two-day debate, lawmakers voted 96-19 on Jan. 29 to pass H. 4756, titled the “South Carolina Student Physical Privacy Act.” The legislation now heads to the Senate, where similar measures are already under consideration.
What the Bill Does
Sponsored by House Speaker Pro Tempore Tommy Pope (R-York), the bill amends state education laws to define “sex” strictly as a person’s biological sex—either male or female—as observed or clinically verified at birth.
Under the new rules:
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Restrooms & Changing Rooms: Multi-occupancy facilities in K-12 schools and public colleges must be designated for use by one sex only. Individuals are prohibited from entering facilities designated for the opposite sex.
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Overnight Lodging: During school-sponsored trips, students cannot be required to share sleeping quarters or multi-occupancy bathrooms with members of the opposite sex, unless they are immediate family members.
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College Housing: Public universities must offer housing options where students are housed only with peers of the same sex.
The legislation includes strict enforcement mechanisms. School districts or colleges found in violation—either by allowing access to the opposite sex or failing to take “reasonable steps” to ensure privacy—face a penalty of having 25% of their state-appropriated operations funding withheld. Furthermore, the bill creates a private cause of action, allowing students who encounter a person of the opposite sex in a bathroom or are forced to share sleeping quarters to sue the institution for declaratory and injunctive relief, as well as attorney fees.
Amendments
Before the final vote, the House adopted an amendment proposed by Rep. Thomas Hartnett (R-Charleston). The amendment mandates that all public schools and higher education institutions provide single-user restrooms and changing room options. While the underlying bill remained controversial, some Democrats acknowledged that the Hartnett amendment helped ease specific concerns regarding accommodation for students who may not be comfortable using group facilities.
Exceptions and Next Steps
The bill outlines specific exceptions where entering a facility of the opposite sex is permitted, including:
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Custodial or maintenance work when the facility is unoccupied.
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Medical assistance or emergency situations.
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Coaching staff entering changing rooms during athletic events, provided no students are undressed.
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Assistance for young children, the elderly, or persons with disabilities.
The bill clarifies that schools are not prohibited from creating single-occupancy or family-use facilities.
With the House’s approval, the focus now shifts to the Senate. If the upper chamber passes the bill and it is signed by the Governor, the law would take effect immediately.
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