(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.