South Carolina Supreme Court strikes down part of education scholarship program

COLUMBIA, S.C. (WSPA) — The South Carolina Supreme Court on Wednesday struck down a portion of the Education Scholarship Trust Fund Act, ruling the state’s constitution prohibits the use of public funds for private schools.

The Education Scholarship Trust Fund (ESTF) program allows qualifying South Carolina parents to apply for a $6,000 scholarship to “create a customized, flexible education for their child,” according to the South Carolina Department of Education.

The money can be used for various educational expenses , including tuition and fees, textbooks and other instructional materials, tutoring services, computer hardware and other devices for educational needs, transportation, and more.

Up to 5,000 scholarships are available for the 2024-2025 school year. That number will rise to 10,000 scholarships in the 2025-2026 school year and 15,000 scholarships in all subsequent years.

The ESTF was signed into law by Governor Henry McMaster in May 2023.

The nonprofit Palmetto Promise Institute claimed in a statement that the ruling will impact 2,880 children in the program.

The Supreme Court’s ruling removes a portion of the law which allowed payments for “tuition and fees for an approved nonpublic online education service provider or course” and stops the Department of Education from paying scholarship money for tuition and fees of nonpublic educational service providers.

In a statement released Wednesday, State Superintendent of Education Ellen Weaver said she disagreed with the decision and said she remained “committed to working with the governor and General Assembly to find a way forward to support these students and education freedom for all South Carolina families.”

“The late timing of the initial filing and subsequent ruling on this case midway through the first quarter of the new school year wreaks havoc on the participating students and their families,” said Weaver. “These students deserve better, and I will not rest until they get it.”

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