Court Decision Alters Future of Education for Disadvantaged Families

South Carolina’s Supreme Court has dismantled a school choice program that aimed to help disadvantaged families pay for private schooling.

At a Glance

South Carolina’s Supreme Court struck down the state’s school voucher program in a 3-2 ruling.
The ruling cited the state’s constitution, which prohibits using public funds for private educational institutions.
The program would have provided $6,000 annually per eligible family for private school costs starting in the fall of 2024.
Governor Henry McMaster warned the ruling will negatively impact other state-funded educational programs.

Supreme Court Decision

The South Carolina Supreme Court struck down the state’s school choice initiative in a narrow 3-2 decision. The court’s ruling found that the Education Scholarship Trust Fund (ESTF) Act violated Article XI, Section 4 of the South Carolina Constitution, which prohibits using public funds for the direct benefit of private educational institutions.

The ruling follows a similar decision from Kentucky’s Supreme Court and disrupts over 2,800 students’ current academic year. Governor Henry McMaster expressed his frustration, stating the decision could have devastating consequences for low-income families who rely on these scholarships.

Wow – South Carolina Supreme Court just struck down school vouchers. Did not see that one coming https://t.co/xexznGq2mB

— Isaiah Walker (@walkeri141) September 11, 2024

Program Objectives and Opposition

The ESTF Act, created by Senate Bill 39 and signed by Republican Governor Henry McMaster in May 2023, aimed to provide up to 5,000 scholarships of $6,000 each for the 2024-25 school year. The scholarships could cover various educational expenses, including tuition, textbooks, tutoring, online courses, and educational therapies.

“A parent who chooses to use a scholarship to pay their child’s private school tuition is undoubtedly using public funds to provide a direct benefit to the private school…,” Justice Gary Hill wrote in the majority opinion. “After we clear away the window dressing, we can see the Act funnels public funds to the direct benefit of private schools. This is what our constitution forbids.”

Supporters of the ESTF Act, including the Palmetto Promise Institute, criticized the ruling, arguing it misinterprets the state constitution and adversely impacts students relying on the scholarships. State Superintendent of Education Ellen Weaver also expressed concerns, highlighting the disruption it brings to families and students who had already utilized the vouchers.

The South Carolina Supreme Court just rejected private school vouchers, saying taxpayer dollars can't pay for private school tuition. In Ohio, we have hundreds of school districts suing over the same exact issue, which will likely eventually make it to the Ohio Supreme Court. https://t.co/y9MdLpkktI

— David DeWitt (@DC_DeWitt) September 11, 2024

Impact and Future Steps

The ruling halted the scholarships immediately, affecting students midsemester. More than 5,000 families from all 46 South Carolina counties had applied for the program. The General Assembly allocated $30 million for the program, with plans to expand to $90 million within two years.

“The Supreme Court’s decision may have devastating consequences for thousands of low-income families who relied on these scholarships for their child’s enrollment in school last month,” Governor McMaster stated.

Funding allocated for therapy, tutoring, and other educational services under the ESTF Act remains intact. However, voucher supporters may consider pursuing a constitutional amendment, appealing to the U.S. Supreme Court, or attempting to change the composition of the state Supreme Court to keep fighting for school choice.