The Supreme Court of South Carolina has ruled that the state’s law permitting parents to use taxpayer money to fund private school tuition is unconstitutional. The 3-2 decision bars the use of “Education Scholarship Trust Funds” for direct payments of tuition or fees but allows for indirect expenses such as tutoring and educational materials. Approximately 3,000 students have already received $1,500 each under this program, and the court’s ruling raises questions about whether they will need to repay the funds.
This case is part of a broader national trend, with at least 16 states implementing similar voucher programs. The South Carolina ruling is based on a constitutional provision prohibiting the use of public funds to directly benefit private or religious educational institutions. Critics argue that providing public funds to private schools constitutes a direct benefit, even if the funds are used for fees or transportation to public schools outside students’ districts.
Justice Gary Hill, in a strongly worded opinion, highlighted South Carolina’s history of amending its constitution in 1972 to ensure equal access to public education, particularly in the context of desegregation efforts. Supporters of the overturned law emphasized the use of a trust fund structure, which allowed parents to decide where to allocate the funds instead of the state directly funding private schools.
In dissent, Chief Justice John Kittredge suggested that the Legislature has broad authority to shape education policy, citing other programs where private money supports public institutions. However, Justice Hill countered that the voucher program’s structure distinguishes it from other initiatives like college scholarships funded by the state lottery.
Supporters of the law may appeal the ruling or consider proposing a constitutional amendment in the future. State officials expressed disappointment over the decision, with State Superintendent of Education Ellen Weaver vowing to explore options to revive the program. Governor Henry McMaster indicated plans to seek a reconsideration of the ruling, citing concerns about the impact on low-income families relying on the assistance.
The now-defunct law aimed to provide vouchers of up to $6,000 for up to 5,000 students annually, potentially expanding to benefit about 15,000 students or roughly 2% of the state’s school-age population. Eligibility was limited to families earning under $120,000. The effort to allow public funds for private schools spanned two decades and various administrations in South Carolina, reflecting the ongoing debate over education policy in the state’s political landscape.