Legislative victory: Senate and House reach agreement on school choice bill

Update: Adjustments were made to this summary to reflect developments that occurred during the week.

5/1/2025: On Thursday, the House concurred with the Senate’s amendments and sent the bill to the governor’s desk.

On Wednesday, the Senate announced that after continued negotiations between the House and Senate Education committees, they have reached a compromise on the proposal.  

The Senate adopted the amendment to S.62, by a 29 to 13 vote, largely along party lines. 

SCPC encourages the Senate to advance the bill, and the House to get to work and concur with the Senate quickly.

Noteworthy changes in the bill 

In the House version, income restrictions were set to be removed starting in the 2027–28 school year, with enrollment caps tied to available funding. The compromise version restores the Senate’s income restrictions as follows: 

• 2025–26 school year: Household income must be at or below 300% of the federal poverty guidelines. 

•  2026–27 school year: Household income must be at or below 500% of the federal poverty guidelines 

Additionally, the bill caps enrollment at 10,000 students starting in the 2025–26 school year but raises that cap to 15,000 for the 2026–27 school year. However, this cap may be increased through an appropriation in the general appropriations act, at the discretion of the General Assembly. The increase must be based on unmet demand, as demonstrated by the number of applications submitted the previous year. In other words, if 15,000 students participate, lawmakers can authorize a higher cap the following year. 

The bill also includes a priority application window, limited to: 

• Current program participants and their siblings 

•  Children of active-duty military personnel 

• Families with household incomes at or below 300% of the federal poverty guidelines 

•  Students who attended a public school in the previous academic year 

After these students are admitted, the general application window opens for all other eligible children. 

As noted in our earlier breakdown of the House version, the state Department of Education will appoint a trustee to oversee and administer program funds. This provision remains in the compromise bill and is intended to avoid what the court previously deemed a direct benefit to private institutions. 

Another significant change: the scholarship amount increases from $6,000, as proposed by the House, to $7,500. 

The bill also directs the S.C. Department of Education to develop model guidelines for interdistrict transfers. This addition will help local school boards establish interdistrict enrollment policies, a welcome addition.  

The program is funded from both lottery and general funds, providing flexibility. 

SCPC encourages the Senate and House to advance this proposal without delay. Since the state Supreme Court’s ruling in September 2024, thousands of children across South Carolina have been left in limbo. This bill is a prime example of lawmakers setting aside differences to deliver meaningful reform for students and families.