South Carolina General Assembly
123rd Session, 2019-2020

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Indicates New Matter

S. 1087

STATUS INFORMATION

General Bill
Sponsors: Senators Cash, Rice, Massey, Turner, Climer, Loftis, Goldfinch, Campbell, Corbin, Hembree, Gambrell, Talley, Verdin, Cromer and Young
Document Path: l:\s-res\rjc\010high.kd.rjc.docx

Introduced in the Senate on February 6, 2020
Currently residing in the Senate Committee on Education

Summary: Interscholastic activities

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    2/6/2020  Senate  Introduced and read first time (Senate Journal-page 4)
    2/6/2020  Senate  Referred to Committee on Education 
                        (Senate Journal-page 4)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/6/2020

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 59-39-160 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES, TO PROVIDE THAT A STUDENT'S BIOLOGICAL SEX SHALL BE CONCLUSIVE IN A DETERMINATION CONCERNING WHETHER THE STUDENT MAY PARTICIPATE ON A TEAM COMPETING IN AN INTERSCHOLASTIC ACTIVITY THAT IS UNDER THE JURISDICTION OF THE SOUTH CAROLINA HIGH SCHOOL LEAGUE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 59-39-160 of the 1976 Code is amended to read:

    "Section 59-39-160.    (A)    To participate in interscholastic activities, students in grades nine through twelve must achieve an overall passing average and either:

        (1)    pass at least four academic courses, including each unit the student takes that is required for graduation; or

        (2)    pass a total of five academic courses. Students must satisfy these conditions in the semester preceding participation in the interscholastic activity, if the interscholastic activity occurs completely within one semester or in the semester preceding the first semester of participation in an interscholastic activity if the interscholastic activity occurs over two consecutive semesters and is under the jurisdiction of the South Carolina High School League.

    (B)    Academic courses are those courses of instruction for which credit toward high school graduation is given. These may be required or approved electives. All activities currently under the jurisdiction of the South Carolina High School League remain in effect. The monitoring of all other interscholastic activities is the responsibility of the local boards of trustees. Those students diagnosed as handicapped in accordance with the criteria established by the State Board of Education and satisfying the requirements of their Individual Education Plan (IEP) as required by Public Law 94-142 are permitted to participate in interscholastic activities. A local school board of trustees may impose more stringent standards than those contained in this section for participation in interscholastic activities by students in grades nine through twelve.

    (C)(1)    For the purposes of this subsection, 'biological sex' means the physical condition of being male or female, which is stated on a person's original birth certificate issued at the time of birth.

        (2)    In a determination based upon the sex of a student concerning whether the student may participate on a team competing in an interscholastic activity that is under the jurisdiction of the South Carolina High School League, the student's biological sex shall be conclusive. Upon the request of the South Carolina High School League, the student must produce a birth certificate to establish the student's biological sex. The South Carolina High School League shall not accept a birth certificate for the purposes of this section that has been revised or amended with respect to the student's biological sex.

    (D)    The State Board of Education may grant a waiver of the requirements of this section.

        (1)    This waiver may be granted when a written statement from a school district superintendent and athletic director has been received stating circumstances, including, but not limited to:

            (a)    a student's ineligibility to participate in interscholastic activities is due to misinformation concerning eligibility requirements being provided by district personnel;

            (b)    a student's ineligibility to participate in interscholastic activities is due to a long-term absence as a result of a medical condition, but the student has been medically cleared to participate by his health care practitioner; or

            (c)    any reasonable circumstance as determined by the State Board of Education.

        (2)    The State Board of Education shall establish guidelines to administer this section."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on May 12, 2020 at 3:43 PM