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South Carolina · Through 2026 Session of the General Assembly

S.C. Code Ann. § 59-23-540: Public schools or institutions of higher learning; single-sex multioccupancy restrooms, changing facilities, and housing; single-use accommodations.

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Where this section sits in the code
  1. Title 59 - EDUCATION
  2. CHAPTER 23 School Buildings and Other School Property
  3. ARTICLE 5 Student Physical Privacy

(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.

Collected 2026-10-25T04:32:35Z. Source file · JSON

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