(A) For purposes of this section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth.
(B)(1) Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public elementary or secondary school or public postsecondary institution must be expressly designated as one of the following based on the biological sex at birth of team members:
(a) males, men, or boys;
(b) females, women, or girls; or
(c) coed or mixed, including both males and females.
(2) Athletic teams or sports designated for males, men, or boys shall not be open to students of the female sex, unless no team designated for females in that sport is offered at the school in which the student is enrolled.
(3) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.
(4) A private school or a private institution sponsoring an athletic team or sport in which its students or teams compete against a public school or institution must also comply with this section for the applicable team or sport.
(C)(1) A student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this section may initiate a cause of action against the school or postsecondary institution as provided in subsection (C)(4).
(2) A student who is subject to retaliation or other adverse action by a school, postsecondary institution, or athletic association or organization as a result of reporting a violation of this section to an employee or representative of the school, institution, or athletic association or organization, or to any state or federal agency with oversight of schools or postsecondary institutions in this State, may initiate a cause of action against the school, postsecondary institution, or athletic association or organization as provided in subsection (C)(4).
(3) A school or postsecondary institution that suffers any direct or indirect harm as a result of a violation of this section may initiate a cause of action against the governmental entity, licensing or accrediting organization or athletic association or organization as provided in subsection (C)(4).
(4) An action arising under this section must be commenced within two years after the alleged injury and subject to the South Carolina Tort Claims Act, as provided in Section 15-78-10, et seq.
HISTORY: 2022 Act No. 193 (H.4608), Section 3, eff May 16, 2022.
Editor's Note
2022 Act No. 193, Sections 1, 2, provide as follows:
"SECTION 1. This act must be known and may be cited as the 'Save Women's Sports Act'.
"SECTION 2. (A) It is the intent of the General Assembly to maintain opportunities for female athletes to demonstrate their strength, skills, and athletic abilities, and to provide them with opportunities to obtain recognition and accolades, college scholarships, and numerous other long-term benefits that result from participating and competing in athletic endeavors.
"(B) The General Assembly finds that:
"(1) maintaining the fairness for women's athletic opportunities is an important state interest; and
"(2) requiring the designation of separate sex specific athletic teams or sports is necessary to maintain fairness for women's athletic opportunities."
Structure South Carolina Code of Laws
Chapter 1 - General Provisions
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 59-1-160. "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 59-1-380. Mandatory tobacco and alternative nicotine product-free local school board policy.
Section 59-1-400. Sick leave for public school employees.
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 59-1-450. Parent education programs.
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 59-1-480. 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 59-1-510. Guidelines and regulations for recruiting and hiring staff in professional areas.