South Carolina Supreme Court Strikes Down School Choice Program for Low Income Families

Published on September 12, 2024

The South Carolina Supreme Court has ruled that a key part of the state’s school voucher program is unconstitutional, halting an attempt to help low income families with private school tuition. The court’s 3–2 decision, issued on Sept. 11, found that the Education Scholarship Trust Fund (ESTF) Act violates the state Constitution by directing public funds to private educational institutions. “We hold today petitioners have demonstrated there is no factual application where it is constitutional for ESTF funds to be used for tuition at private educational institutions,” the majority opinion stated. Signed into law in March 2023 by Gov. Henry McMaster, the ESTF Act allowed up to 5,000 students to receive $6,000 scholarships for educational expenses, including tuition at private schools. The ruling halts these scholarships immediately, forcing some students to reevaluate their educational plans midsemester....