South Carolina 2025 2025-2026 Regular Session

South Carolina House Bill H3758 Introduced / Fiscal Note

Filed 04/24/2025

                    SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE 
S
TATEMENT OF ESTIMATED FISCAL IMPACT 
WWW.RFA.SC.GOV • (803)734-3793  
 
This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of 
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation. 
  
 
 
 
 
 
 
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H. 3758 
 
Fiscal Impact Summary 
This bill requires school districts and charter schools to adopt and implement a policy, which 
includes the establishment of a limited public forum for student speakers at all school events at 
which a student is to publicly speak, before the beginning of the 2026-27 school year.  
 
The bill will have no expenditure impact on the S.C. Department of Education (SCDE). The 
department indicates that it will manage the provisions of the bill with existing appropriations. 
 
The expenditure impact of this bill on state agency schools will vary. The Governor’s School for 
Agriculture at John de la Howe indicates that their policy will need to be written and vetted by an 
attorney but reports that the cost is currently undetermined. The Governor’s School for the Arts 
and Humanities, the Governor’s School for Science and Mathematics, the School for the Deaf 
and the Blind, and the Wil Lou Gray Opportunity School indicate that this bill will have no 
expenditure impact, as they can manage the provisions of the bill with existing appropriations. 
 
The overall expenditure impact of this bill on the local school districts will vary. SCDE surveyed 
the seventy-two regular school districts and three charter school districts and received responses 
from sixteen districts. Fourteen of the responding districts indicate that the bill will have no 
expenditure impact. One district anticipates recurring legal fees of an amount up to $1,000 per 
year to ensure compliance with the requirements of the bill. The remaining district indicates that 
implementing the provisions of the bill may increase expenses by an amount ranging from 
$4,000 to $13,000 in FY 2025-26 due to legal fees; training costs to prepare staff to implement 
and monitor the policy; printing disclaimers, guidance documents, and student notices; and 
administrative oversight. This district further indicates that expenses will decrease to an amount 
ranging from $1,000 to $2,000 each year thereafter for administrative oversight costs, including 
managing student speaking selection processes and ensuring consistent policy application. 
Explanation of Fiscal Impact 
Amended by House Education and Public Works on April 23, 2025 
State Expenditure 
This bill requires each school district and charter school to adopt and implement a policy, which 
includes the establishment of a limited public forum for student speakers at all school events at 
Bill Number: H. 3758  Amended by House Education and Public Works on April 23, 
2025 
Subject: Student Expression of Religious Viewpoints 
Requestor: House Education and Public Works 
RFA Anal
yst(s): Bryant 
Impact Date: April 24, 2025                                             
  
 
 
 
 
 
 
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H. 3758 
 
which a student is to publicly speak, before the beginning of the 2026-2027 school year. The 
policy regarding the limited public forum must require the school district to: 
 provide the forum in a manner that does not discriminate against a student’s voluntary 
expression of a religious viewpoint, if any, on an otherwise permissible subject; 
 provide a method, based on neutral criteria, for the selection of student speakers at school 
events and graduation ceremonies; 
 ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or 
indecent speech; and 
 state, in writing, orally, or both, that the student’s speech does not reflect the 
endorsement, sponsorship, position, or expression of the district. 
A school district and charter school disclaimer must also be provided at all graduation 
ceremonies, and the school district and charter school must continue to provide the disclaimer at 
any other event in which a student speaks publicly for as long as a need exists to dispel confusion 
over the district’s non-sponsorship of the student’s speech. Additionally, the bill specifies that 
student expression on an otherwise permissible subject may not be excluded from the limited 
public forum because the subject is expressed from a religious viewpoint. 
 
S.C. Department of Education. The bill will have no expenditure impact on SCDE. The 
department indicates that it will manage the provisions of the bill with existing appropriations. 
 
State Agency Schools. The expenditure impact of this bill on state agency schools will vary. The 
Governor’s School for Agriculture at John de la Howe indicates that their policy will need to be 
written and vetted by an attorney but reports that the cost is currently undetermined. The 
Governor’s School for the Arts and Humanities, the Governor’s School for Science and 
Mathematics, the School for the Deaf and the Blind, and the Wil Lou Gray Opportunity School 
indicate that this bill will have no expenditure impact, as they can manage the provisions of the 
bill with existing appropriations. 
 
State Revenue 
N/A 
 
Local Expenditure 
This bill requires each school district and charter school to adopt and implement a policy, which 
includes the establishment of a limited public forum for student speakers at all school events at 
which a student is to publicly speak, before the beginning of the 2026-2027 school year. The 
policy regarding the limited public forum must require the school district to: 
 provide the forum in a manner that does not discriminate against a student’s voluntary 
expression of a religious viewpoint, if any, on an otherwise permissible subject; 
 provide a method, based on neutral criteria, for the selection of student speakers at school 
events and graduation ceremonies; 
 ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or 
indecent speech; and 
 state, in writing, orally, or both, that the student’s speech does not reflect the 
endorsement, sponsorship, position, or expression of the district.   
__________________________________ 
Frank A. Rainwater, Executive Director  
 
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE 
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO 
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT. 
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H. 3758 
 
A school district and charter school disclaimer must also be provided at all graduation 
ceremonies, and the school district and charter school must continue to provide the disclaimer at 
any other event in which a student speaks publicly for as long as a need exists to dispel confusion 
over the district’s non-sponsorship of the student’s speech. Additionally, the bill specifies that 
student expression on an otherwise permissible subject may not be excluded from the limited 
public forum because the subject is expressed from a religious viewpoint. 
 
The overall expenditure impact of this bill on the local school districts will vary. SCDE surveyed 
the seventy-two regular school districts and three charter school districts and received responses 
from sixteen districts. Fourteen of the responding districts indicate that the bill will have no 
expenditure impact. One district anticipates recurring legal fees of an amount up to $1,000 per 
year to ensure compliance with the requirements of the bill. The remaining district indicates that 
implementing the provisions of the bill may increase expenses by an amount ranging from 
$4,000 to $13,000 in FY 2025-26 due to legal fees; training costs to prepare staff to implement 
and monitor the policy; printing disclaimers, guidance documents, and student notices; and 
administrative oversight. This district further indicates that expenses will decrease to an amount 
ranging from $1,000 to $2,000 each year thereafter for administrative oversight costs, including 
managing student speaking selection processes and ensuring consistent policy application. 
 
Local Revenue 
N/A