South Carolina Supreme Court blocks public funds for private schools

The South Carolina Supreme Court ruled on a 3-2 decision that a 2023 law permitting the use of taxpayer money for private school tuition is unconstitutional. This ruling stems from a constitutional provision that prohibits public funds from benefiting private educational institutions. The court's decision allows parents to use the funds for indirect educational expenses, such as tutoring and textbooks, but not for direct tuition payments. The case was argued in March, prior to the distribution of funds, leaving uncertainty about whether families will need to return any money already received. Supporters of the law argued that the structure of the trust fund, which allows parents to decide how to spend the funds, differentiates it from direct payments to private schools. However, the court found that using public funds in this manner still constitutes a direct benefit to private institutions. Justice Gary Hill emphasized the historical context of the constitutional amendment, which was established to ensure free public education for all children, particularly in light of past efforts to segregate schools. The ruling has significant implications for low-income families who were relying on the scholarship funds, which could provide up to $6,000 for private school tuition. State officials, including the Governor and the State Superintendent of Education, expressed their disappointment and indicated plans to seek a reconsideration of the ruling or to propose a constitutional amendment in the future. The law had aimed to assist approximately 15,000 students, representing a small fraction of the state's school-age population. This decision reflects ongoing debates about school choice and the use of public funds in education, a contentious issue in South Carolina for over two decades. The ruling may hinder efforts to expand educational options for families, particularly those with limited financial resources, and could lead to further legal and legislative battles in the coming years.