SC legislators aim to fund private education — without violating constitution

Most South Carolina legislators want to use state funds to help parents pay for their children’s private school education. But they’re wrestling with how to convince the S.C. Supreme Court after multiple failed attempts. 

The effort has been an ongoing saga as the court has twice ruled legislation unconstitutional because the S.C. Constitution prohibits using public funds for the direct benefit of private education. Legislators are proposing funneling the money through a fund that then goes to a trustee and then to parents, who then use it for private schools – a proposal opponents argue is still unconstitutional. 

“We just don’t agree, and we think it’s unconstitutional,” said Sherry East, president of the South Carolina Education Association, a teachers group. “We’ve already been to court twice. The Supreme Court has ruled twice that it is unconstitutional. So, we don’t understand how they’re trying to do a loophole or a workaround. You know, they’re trying to work around the Constitution, and it’s just a problem.” 

The Supreme Court ruled last year that similar legislation passed by the General Assembly violated “the use of public funds for the direct benefit of private educational institutions.” But this time, legislators are hoping they won’t be shot down because the money would go to a trustee before making its way to a parent. 

Both the South Carolina House and Senate have both passed versions of the bill, which is being called an “education scholarship bill.” 

In the original version of Senate Bill 62, the Senate planned to fund private school vouchers through the state lottery. The House-approved version would use money from the general fund. After the House approved its version on Feb. 26, the bill went back to the Senate. 

The April 16 Senate-amended version of the bill returns to its original plan, taking the money for the scholarships from the state lottery. But it keeps the House’s plan of using a trustee, appointed by the state superintendent of education, to oversee the money in the trust fund in a combination of the two past versions of the bill.  

Rep. Shannon Erickson, a Beaufort County Republican, spoke in front of the House in February, arguing that the bill would not hurt public schools. 

“The first thing I want to make absolutely clear — 100% crystal clear — not a single dollar has left your school districts … to do any of this school choice work,” Erickson said.  

Rep. Neal Collins, a Republican from Pickens County, questioned how this would be different than what was rejected by the state Supreme Court in 2023.  

“I just want to know what the thought process is, because two years ago we had a very similar bill,” Collins said. “There were those of us that thought that bill was unconstitutional. It was ruled unconstitutional.” 

The 2023 version of the Education Scholarship Trust Fund Act went to the state Supreme Court in Eidson v. South Carolina Department of Education. The court found the Education Scholarship Trust Fund money was public money. Therefore, the bill was ruled unconstitutional as the state constitution prohibits using public funds for the direct benefit of private schools under Article XI, Section 4.  

Erikson believes the most recent bill with a trustee is constitutional. 

“The trustee is determining that it goes to an eligible child, and the parents then decide where the money goes,” Erikson said. “So, it’s going to our taxpayers. It’s to a citizen.” 

The House and Senate gone back and forth over the precise language and exactly how to fund the program, with latest revisions on April 23. But it still hasn’t made its way to the governor’s office. 

The balcony of the House of Representatives was filled with spectators, including a group from the South Carolina Education Association, on Feb. 26.  President East expressed the organization’s disapproval of private school tuition vouchers, as the organization has previously fought them.  

“Our goal right now is to ensure that we are protecting all the nickels and dimes that could go to public education,” East said.  

The House bill passed Feb. 26 would set aside $30 million for private school education scholarships. The scholarships would offer up to $6,000 per year.  

“If you had $30 million extra, then you could have given it to the 75 school districts we have here,” East said. “If you think we’re funded enough, which seemed to be the mood over there this week, how about giving it to the firefighters? How about giving it to the police? How about giving it to EMS services?”  

Eligible students include those with a household income that does not exceed 300% of the poverty rate, meaning a household income that’s $90,000 or less for the school year 2025-2026. The Senate amended version outlines a household income that does not exceed 500% of the federal poverty guidelines, beginning with the 2026-2027 year.  

Private school vouchers or education scholarships are not a new concept. States including Arizona, North Carolina, Tennessee, Florida and others have implemented similar programs. Arizona specifically has been a model for private school voucher programs across the nation, until its program faced challenges.  

“So, our concern with that is we’ve watched other states do this,” East said. “We’ve talked to people in Arizona. We can give you receipts on how this does not work in other places. So, you know, I don’t understand their mindset.”  

Arizona started the largest school voucher program the country has seen in 2022. By 2024, the state saw a $1.4 billion budget shortfall, much of which was due to voucher spending, according to an article by ProPublica. Arizona then had to make cuts to state programs due to the unexpected overspending on private school vouchers.