Historic Ruling: South Carolina Court Prohibits Public Funding For Private Schools

A Landmark Verdict

In a historic verdict that is expected to shake up the South Carolina educational landscape, the state’s highest court has declared that the law granting parents the right to spend public funds on private schools infringes upon the constitution. In a close 3-2 ruling, the court asserted that public funds, in the guise of “Education Scholarship Trust Funds,” cannot cover private school tuition or fees.

However, parents can utilize these funds for auxiliary private school expenses, such as tutoring, textbooks, and other educational resources. Notably, nearly 3,000 students have already received $1,500 each under this program, and the court clarified that if these funds were expended on private schooling tuition or fees, they would not have to be compensated.

The Wider Picture

The law in question is not unique to South Carolina, but is part of a broader national trend. Research entities indicate that at least 16 states across the country have implemented some incarnation of these voucher schemes. The South Carolina case is specifically imbued with controversy due to a clause in the state constitution that explicitly prohibits the use of public funds or state credit for the “direct benefit of any religious or other private educational institution.”

A Contentious Case

The legal team opposing the legality of the voucher system argued that the indirect inflow of public finances into private educational institutions constitutes a direct benefit. They contended that under the present system, students could leverage these funds to pay fees or transportation expenses for attending a public school outside their district.

Counter Argument

Proponents of the now-annulled law emphasized the importance of the established trust fund. They maintained that the funds were not being directly poured into private schools by the state but were instead given to parents who then made the decision on how best to expend the money.

An Unfavorable Dissent

In a dissenting statement, the Chief Justice argued that the majority verdict was oblivious to the extensive power of the South Carolina Legislature in shaping policy. Referring to other instances where public money is used for private educational purposes, he opined that the reasoning behind the ruling was essentially an affront to legal principles.

Potential Repercussions

Despite the unfortunate blow, the law’s supporters have the option to appeal in the courts. They may also choose to propose a constitutional amendment in 2025 or beyond, which would remove the controversial provision. However, this path is fraught with uncertainty and may not generate widespread support.

The law originally intended to provide vouchers of up to $6000 to as many as 5000 students each year, which would gradually rise to accommodate 15,000 students or approximately 2% of South Carolina’s school-age population. Under the terms of the law, only families earning less than $120,000 could avail of this assistance.

The Road Ahead

The previous two decades had seen intense lobbying from various quarters to obtain public funding for private schooling. However, this contentious issue has traversed beyond three governors, four House speakers, and five education superintendents in a state where core power has increasingly shifted to Republicans.

In the aftermath of this ruling, it remains to be seen whether the decision stands as a deterrent to other states contemplating similar legislation or whether it becomes a rallying point towards a constitutional amendment in South Carolina.