SCPC ‘deeply disappointed’ with school choice ruling

MEDIA RELEASE

September 11, 2024

The South Carolina Policy Council says it’s “deeply disappointed” with the S.C. Supreme Court’s ruling today that a new state program using public funds for scholarships to allow students to attend private schools was unconstitutional.

The justices ruled 3-2 that the Education Scholarship Trust Fund (ESTF) program violated Article XI, Section 4 of the S.C. Constitution, commonly referred to as the "Blaine Amendment," which states, “No money shall be paid from public funds nor shall the credit of the State or any of its political subdivisions be used for the direct benefit of any religious or other private educational institution.”

The 2023 state law establishing the ESTF provided that starting with this school year, $6,000 scholarships would be available to 5,000 eligible students to pay for private school tuition and fees, or other education expenses, including textbooks, computers, approved tests, tutoring and transportation, with the number of eligible scholarship students increasing to 15,000 in the third and subsequent years.

The program in the first year was limited to eligible lower-income students but would include middle-income students by the third and succeeding years.

This ruling currently impacts nearly 3,000 students who may now lose access to their scholarships. It’s unclear whether those students will be allowed to continue receiving funding or if their scholarships will be revoked.

The South Carolina Policy Council (SCPC) supported the passage of the ESTF and worked to educate the public about its potential benefits.

“We at SCPC are deeply disappointed with the court's decision,” said Michael Burris, the Policy Council’s chief executive officer. “Regrettably, students who had the opportunity to seek educational environments better suited to their individual needs will now no longer have that option”

“Ultimately, this ruling harms the very students trapped in South Carolina's struggling school system, depriving them of what, for many, is their best chance at a quality education and a brighter future,” he added.

SCPC “strongly urges” the state Department of Education and state Treasurer’s Office to appeal the decision, Sam Aaron, the Policy Council’s research director added.

The South Carolina Policy Council is a Columbia-based, nonprofit, nonpartisan research organization founded in 1986 on the principles of limited government and individual liberties, free markets, and traditional South Carolina values.