If my child goes to a private school outside of South Carolina, can he or she play on a South Carolina public high school sports team under the state's 'Tim Tebow' athletic-access proviso?

Plain-English summary

The South Carolina High School League commissioner asked whether 2025–2026 budget Proviso 1.112 applies when a student attends a private school outside South Carolina but wants to participate in athletics at a South Carolina public school.

The AG answers no. The introductory text of subsection (A) refers to “individual students who attend independent schools in this State.” Although the listed conditions discuss a student's residence, the independent school's league involvement, and whether the public school offers the sport, the AG says the introductory words limit the proviso to students attending an independent school in South Carolina. The opinion resolves this question from the proviso's plain language.

The opinion does not analyze constitutional challenges, discretionary admissions policies, online schools, or any other route for an out-of-state private school student to join a public school team.

What this means for you

If your child attends an independent school outside South Carolina

This proviso does not require a South Carolina public school district to let your child participate in its athletics program. The AG's answer rests on where the independent school is located. The opinion does not address whether some other rule could allow participation.

If you handle public school athletics

For requests invoking Proviso 1.112, the AG reads the words “in this State” as a threshold condition. The opinion is limited to the proviso's application to a student attending a private school outside South Carolina.

If you administer an independent school

The opinion does not change the other conditions listed in subsection (A). It answers the geographic question raised by the commissioner.

Common questions

Does Proviso 1.112 apply to a student attending an independent school outside South Carolina?

No. The AG says its introductory phrase limits required participation to students who attend independent schools in South Carolina.

Why do the words “in this State” matter?

They appear in subsection (A)'s introductory phrase, before its specific conditions. The AG says that phrase limits who can claim participation under the proviso.

Did the AG decide whether a public school may admit such a student voluntarily?

No. The opinion addresses whether Proviso 1.112 requires access; it does not evaluate any discretionary participation rule.

Did the AG address online schools or a constitutional challenge?

No. Neither issue is discussed.

Background and statutory framework

Proviso 1.112 in Act No. 69 of 2025 concerns athletic participation at the public school for which an independent school student is zoned, subject to conditions. The request pointed out that the numbered conditions do not expressly say the independent school must be in South Carolina. The AG reads the introductory phrase, which does impose that limit, as controlling.

The opinion cites Hodges v. Rainey and State v. Hudson for the rule that legislative intent is determined primarily from statutory text. It says the plain language answers the question without other interpretive rules.

Citations and references

• Proviso 1.112, Act No. 69, 2025: budget proviso at issue.
• Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000): legislative intent.
• State v. Hudson, 366 S.C. 237, 519 S.E.2d 577 (Ct. App. 1999): plain-language interpretation.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/opinion-regarding-the-application-of-budget-proviso-1-112-to-students-who-attend-independent-schools-outside-the-state-of-south-carolina/
• Original PDF: https://www.scag.gov/media/axclq2kb/singletonj-os-11058-correct-final-opinion-9-23-2025.pdf

Original opinion text

ALAN WILSON
ATTORNEY GENERAL

September 23, 2025

Dr. Jerome P. Singleton
Commissioner

South Carolina High School League
PO Box 211575

Columbia, SC 29221-6575

Dear Dr. Singleton:

Attorney General Alan Wilson referred your letter to the Opinions section for a response. In your letter you ask whether Proviso 1.112 of the 2025-2026 state budget would apply to a student who attends a private school outside of South Carolina but seeks to participate in an interscholastic athletic program at a public school in South Carolina. As discussed below, Proviso 1.112 is limited to students who “attend independent schools in this State.”

Proviso 1.112 of the 2025-2026 state budget allows students who attend independent schools to participate in the interscholastic athletic programs of the public schools for which they are zoned under certain conditions. See § 1.112, Act No. 69, 2025. You note in your letter that the restrictions on participation listed in subsection A address infer alia the student’s residence,
§ 1.112(A)(1); the independent school’s involvement in the South Carolina High School League,
§ 1.112(A)(2); and whether the sport is offered at the public school located in the attendance zone where the student resides, § 1.112(A)(4); but, the subsections do not, either individually or together, specify whether the independent school which the student attends must be located in the State of South Carolina. However, the chapeau of subsection (A) reads, “No funds appropriated or authorized in this act that are distributed to a school district may be used to deny individual students who attend independent schools in this State....” § 1.112(A) (emphasis added).

When construing a statute, the primary goal is to understand and give effect to the intent of the legislature. Hodges v. Rainey, 341 S.C. 79, 85, 533 S.E.2d 578, 581 (2000). Where possible, legislative intent “should be ascertained primarily from the plain language of the statute.” State v. Hudson, 366 S.C. 237, 246, 519 S.E.2d 577, 581 (Ct. App. 1999). We believe the plain language of Proviso 1.112 permits us to answer your question without resorting to other rules of statutory construction.

MEMBERT C. DENNIS OUILDING © POST OFFICE ROX E1549 « COLUMBLA, 83C 29911-1849 s TeLepnome f02-734.2990 PACEIMILS 603-253-6223 A EEPSAUDES DU 2 Oey At oe PACEIMILE 6G3-353.6923

Dr. Jerome P. Singleton
Page 2
September 23, 2025

The introductory phrase of subsection A only requires school districts receiving state funds to allow participation in interscholastic athletic programs pursuant to Proviso 1.112 by students who attend an independent school in the State of South Carolina. Therefore, Proviso 1.112 would not apply to a student who attends a private school outside of South Carolina but seeks to participate at a public school in South Carolina.

Sincerely,

David Leggett .
Assistant Attorney General

REVIEWED AND APPROVED BY:

Bo) a

Solicitor General Emeritus