South Carolina Code of Laws
Chapter 1 - General Provisions
Section 59-1-435. Religious Viewpoints Antidiscrimination Act.

(A) This section may be cited as the "Religious Viewpoints Antidiscrimination Act".
(B) As used in this section, "discriminate" means to make a distinction in favor of or against a person on the basis of the group, class, or category to which the person belongs, rather than according to actual merit.
(C) A school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and must not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.
(D) A student may express his beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of his submission. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. A student may not be penalized or rewarded based on the religious content of his work.
(E) Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district must not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.
HISTORY: 2010 Act No. 180, Section 1, eff May 28, 2010.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 59 - Education

Chapter 1 - General Provisions

Section 59-1-10. Short title.

Section 59-1-20. Purpose of South Carolina School Code.

Section 59-1-30. Construction.

Section 59-1-40. Scope of State system of public education.

Section 59-1-50. Educational achievement goals for high school graduates and students.

Section 59-1-110. "Private school" defined.

Section 59-1-120. "Public school" defined.

Section 59-1-130. "Teacher" defined.

Section 59-1-140. "Teacher aide" defined.

Section 59-1-150. "Kindergarten," "elementary school," "middle school," "secondary school," "junior high school," and "high school" defined.

Section 59-1-160. "School district" defined.

Section 59-1-170. "State Board" defined.

Section 59-1-180. "State Educational Finance Commission" defined.

Section 59-1-190. "State Department" defined.

Section 59-1-200. "Scholastic year" defined.

Section 59-1-310. Superintendents of education may administer oaths and probate certain papers.

Section 59-1-320. Display of United States and State flags.

Section 59-1-325. Patriotic depictions in schools.

Section 59-1-330. Pledge to State flag.

Section 59-1-340. Meetings of boards of trustees and boards of education.

Section 59-1-350. Compensation of members of boards of trustees and boards of education.

Section 59-1-360. Audiovisual properties may be loaned.

Section 59-1-370. Closing of educational institutions on general election day.

Section 59-1-375. Student identification cards; contact information for National Suicide Prevention Lifeline.

Section 59-1-380. Mandatory tobacco and alternative nicotine product-free local school board policy.

Section 59-1-390. Courses necessitating wearing of protective eye devices; purchase of devices; protective-corrective devices.

Section 59-1-400. Sick leave for public school employees.

Section 59-1-403. Restoration of sick leave of certain employees who changed employment from school district to State Department of Education.

Section 59-1-405. Distribution of contraceptives on school grounds prohibited.

Section 59-1-410. "Teacher Recognition Day."

Section 59-1-425. Beginning and length of school term; make-up days; waiver; instructional days.

Section 59-1-435. Religious Viewpoints Antidiscrimination Act.

Section 59-1-441. Policy to permit student to deliver message.

Section 59-1-442. Policy to permit opening or closing message at school-sponsored athletic events.

Section 59-1-443. Schools shall provide minute of mandatory silence at beginning of each school day.

Section 59-1-445. Violations of mandatory test security; penalties; investigations.

Section 59-1-447. Regulations for mandatory test security procedures.

Section 59-1-448. Use of appropriated funds to raise salaries of principals or career and technology school directors.

Section 59-1-449. State Department of Education to report state and local funding requirements to local entities.

Section 59-1-450. Parent education programs.

Section 59-1-451. Costs of the Target 2000-School Reform for the Next Decade Act; provisions not mandatory; local school districts not prohibited from implementing similar provisions.

Section 59-1-452. Public school employee cost savings program.

Section 59-1-453. Oversight Committee.

Section 59-1-454. Parental involvement program; parent/teacher conferences.

Section 59-1-455. Time for pledge of allegiance required.

Section 59-1-460. Excused school attendance for religious instruction.

Section 59-1-465. Youth patriotic societies; public school event addresses.

Section 59-1-470. Distribution of funds for deferred compensation.

Section 59-1-475. Continuing education on domestic violence; adoption as part of curriculum by school districts.

Section 59-1-480. Lapsed funds; priority of use.

Section 59-1-490. Data use and governance policy.

Section 59-1-495. Committee to review Title 59 and related federal laws.

Section 59-1-500. Biological gender-based and coeducational school sports teams; birth certificates; remedies.

Section 59-1-510. Guidelines and regulations for recruiting and hiring staff in professional areas.

Section 59-1-520. Intervention by State Department of Education for non-compliance with EIA or development of affirmative action plan.

Section 59-1-525. Grant program to enhance teaching of grade specific standards and increase K-5 performance in core academic areas; criteria.