Overview
- Gov. Henry McMaster signed the South Carolina Student Physical Privacy Act on May 15, 2026, requiring public K–12 schools and public colleges to designate multi‑occupancy restrooms, locker rooms and certain sleeping quarters by biological sex as observed or clinically verified at birth.
- The measure requires multi‑occupancy bathrooms and changing spaces to be used by one sex at a time and obliges institutions to offer a single‑user restroom or another accommodation for students who need it.
- If a school has no indoor single‑user facility the law allows a temporary outdoor single‑user option including a porta‑potty, a provision that advocates say raises health and safety concerns for transgender and non‑binary students.
- Enforcement lets the State Board of Education direct withholding up to 25% of state operational funding from noncompliant districts or public colleges and creates a private right to sue with possible recovery of attorney’s fees.
- The law includes narrow exceptions for custodial work, medical assistance, certain coaching situations and emergencies and preserves ADA and other accommodations, while supporters call it a privacy measure and civil‑rights groups say it will marginalize vulnerable students and invite legal challenges.