(A) There is established and provided in all the public schools of this State physical education, training, and instruction of pupils of both sexes. Every pupil attending public school, in so far as he is physically fit and able to do so, shall take the course or courses provided by this section. Suitable modified courses must be provided for students physically or mentally unable or unfit to take the course or courses prescribed for normal pupils. However, in public school that offers a military or naval ROTC program sponsored by one of the military services of the United States, training in such a program must be considered to be the equivalent of physical education instruction and must be accepted in lieu of such instruction for all purposes, academic or nonacademic, as may hereinafter be provided. Additionally, in a public school that offers instruction in marching band based on the South Carolina Academic Standards for the Visual and Performing Arts and that incorporates the South Carolina Academic Standards for Physical Education, this instruction must be considered to be the equivalent of physical education instruction and must be accepted in lieu of physical education instruction for all purposes; provided the district first shall submit a plan to the department documenting that all South Carolina Academic Standards for Physical Education are met in the proposed marching band instruction, and upon approval of the plan by the department, this instruction may be offered and considered to be the equivalent of physical education instruction.
(B) A student may be exempted from physical education requirements by seeking a waiver from the local school board of trustees. The local board may grant such a request based on the following criteria:
(1) The student must present a statement by his attending physician indicating that participation in physical education will jeopardize the student's health and well-being; or
(2)(a) The parent and student must show that the student's attending physical education classes will violate their religious beliefs and would not be merely a matter of personal objection; and
(b) the parent or student must be members of a recognized religious faith that objects to physical education as part of its official doctrine or creed.
The local board shall encourage the student to take, as an alternative to physical education, appropriate instruction in health education or other instruction in lifestyle modification if an exemption is granted pursuant to this section.
HISTORY: 1962 Code Section 21-416; 1952 Code Section 21-416; 1942 Code Section 5325; 1932 Code Section 5343; 1924 (33) 996; 1974 (58) 2309; 1996 Act No. 368, Section 1; 2018 Act No. 185 (S.302), Section 1, eff May 17, 2018.
Effect of Amendment
2018 Act No. 185, Section 1, amended (A), providing that certain marching band instruction must be accepted in lieu of physical education coursework.
Structure South Carolina Code of Laws
Chapter 29 - Subjects Of Instruction
Section 59-29-10. Required subjects.
Section 59-29-15. Teaching cursive writing and multiplication tables required.
Section 59-29-20. Required subjects; nature and effect of alcoholic drinks and narcotics.
Section 59-29-21. Guidelines for career guidance.
Section 59-29-30. Required subjects; Alcohol and Narcotics Education Week.
Section 59-29-35. Home school awareness week; admission opportunities.
Section 59-29-50. Required subjects; traffic laws.
Section 59-29-55. Instruction on Black history.
Section 59-29-60. Required subjects; program of safety instruction.
Section 59-29-70. Required subjects; instruction in fire prevention.
Section 59-29-80. Required subjects; courses in physical education; alternatives; exemptions.
Section 59-29-90. Physical education courses in teacher training colleges.
Section 59-29-110. Instruction in military science and tactics.
Section 59-29-130. Public institutions of higher learning; required instruction; applicability.
Section 59-29-160. Two units of mathematics requisite for graduation.
Section 59-29-165. Instruction in personal finance.
Section 59-29-170. Programs for gifted and talented students.
Section 59-29-179. Identification of higher order thinking and problem solving skills.
Section 59-29-180. Emphasis on higher order problem solving skills.
Section 59-29-181. Selection of tests for statewide testing program.
Section 59-29-182. Review of procedures to assess higher order thinking and problem solving skills.
Section 59-29-183. In-service training programs.
Section 59-29-190. Advanced placement courses for academically talented students.
Section 59-29-200. Pupil-teacher ratios.
Section 59-29-210. Emphasis on teaching as profession.
Section 59-29-220. Arts education curricula.
Section 59-29-230. Old and New Testament era courses.
Section 59-29-240. Civics test required; report.
Section 59-29-410. Development of high school financial literacy programs; areas of instruction.
Section 59-29-430. Incorporation into Academic Standards of Instruction.
Section 59-29-440. South Carolina Financial Literacy Initiative established.
Section 59-29-480. Board membership; terms; vacancies.
Section 59-29-490. Powers and duties.
Section 59-29-500. Employment of Director of the Financial Literacy Office and staff.
Section 59-29-520. Office of South Carolina Financial Literacy established.
Section 59-29-530. Applications for grants; criteria.
Section 59-29-540. Use of grant funds.
Section 59-29-550. Carrying forward funds into following fiscal year.
Section 59-29-560. Disbursement of and accountability for funds; penalties.
Section 59-29-570. Implementation review; grantee participation; reports.