Public colleges across South Carolina will be required to submit annual attestations confirming their adherence to a recently enacted state law governing bathroom and changing facility access, according to reporting by The State newspaper.
The legislation, which was signed by Republican Governor Henry McMaster in May, mandates that educational institutions ensure students in restrooms and changing facilities maintain privacy from members of the opposite sex. Under the law’s provisions, transgender students are directed to utilize single-stall restrooms or dedicated changing facilities rather than facilities corresponding to their gender identity. The statute requires institutions to “take reasonable steps” to implement these privacy protections, though it does not specify the particular methods by which this compliance should be achieved.
Enforcement of the new requirement falls to the South Carolina Commission on Higher Education, which recently adopted a compliance policy. Under the enforcement framework, colleges must provide annual written attestations of compliance. Should the commission receive complaints regarding a college’s adherence, institutions will be given 30 days to resubmit compliance documentation. Colleges that fail to provide annual attestations or do not respond within the designated timeframe face substantial consequences, including the loss of one-quarter of their state funding during the subsequent fiscal year. Additionally, an adverse court ruling against an institution could trigger the same funding penalty.
Jeffrey Perez, the commission’s executive director, clarified the enforcement approach to the board, stating that the commission will not conduct physical inspections or formal investigations. Instead, the process involves contacting campuses to request confirmation of compliance, with institutions responding via written letters affirming their adherence to the law. Perez indicated that this verification-based approach aligns with the legislative intent underlying the statute.
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