(The Center Square) – South Carolina lawmakers banned K-12 public schools from imposing mask and vaccine requirements on students, faculty and staff as part of the state budget, but the amendment left a “college mask loophole.”

Several lawmakers now are lobbying for a September special session to clarify that imposing a mask mandate would incur budget penalties for any state university or college that does so.

Citing the acceleration of new COVID-19 cases, the University of South Carolina (USC), the state’s largest university, imposed an indoor mask requirement last week for everyone, whether vaccinated or not.

South Carolina Attorney General Alan Wilson advised USC in an opinion Monday the mask mandate violates the budget amendment and clarified for all other state universities and colleges that there is no longer a “college mask loophole.”

In a letter to USC interim President Harris Pastides, Wilson said the school risks state funding by imposing the mask order while acknowledging the amendment’s vagaries.

“It is our understanding that the (amendment), while inartfully worded, was intended to prohibit the mandatory wearing of masks, as reflected in its use of the language ‘without being required to wear a face mask,’ ” Wilson wrote. “It is important that the university, not only abide by the (amendment), but that it protect the constitutional liberty of students, faculty and staff.”

USC interpreted the amendment to mean universities could not impose mask mandates exclusively only on unvaccinated students and staff, Pastides said Tuesday in a statement announcing USC would adhere to Wilson’s opinion and do away with the mask mandate except in public health settings and on public transportation, as required under federal law.

“I deeply respect all persons’ rights to make their own choices, and I respect our federal and state governments’ roles in guiding our university,” Pastides said in a statement. “I remain committed to encouraging all Gamecocks to wear face coverings and to get vaccinated for the benefit of themselves and others.”

Wilson said USC’s requirement that students be tested before returning to campus is legal, as are similar requirements on other state campuses.

Pastides, an epidemiologist, said face masks are effective in protecting people, especially the unvaccinated.

"Because vaccination cannot be required in South Carolina, I felt that face coverings would go a long way in preventing the spread of the Delta variant of COVID-19, which is highly contagious, on campus," Pastides said. "I did not think that the law precluded this action."

While Wilson cleared up confusion over the college mask loophole, no need for clarity is necessary among the state’s public school districts, none of which have imposed mask mandates and all of which are developing fall protocols that don’t include masking students.

Eight of South Carolina’s 77 public school districts will have started their 2021-22 school years by the end of the week. Three districts in Greenwood County or McCormick County returned to school in late July.

Officials expect most students to come back in person. Students and teachers can wear masks, but districts cannot mandate them, nor can they require vaccines for students who are eligible for the shots, under the budget amendment.