South Carolina Supreme Court official rulings or announcements

South Carolina Supreme Court Rules Education Scholarship Trust Fund Unconstitutional, Impacting 2,880 Children

Sep 11, 2024, 03:54 PM

The South Carolina Supreme Court has ruled that taxpayer-funded scholarships, which allow recipients to pay tuition and fees at private schools, are unconstitutional under the State Constitution. This ruling affects the Education Scholarship Trust Fund (ESTF), also known as 2023 Act No. 8 (S.39). As a result, 2,880 low- and moderate-income children who were approved for ESTF scholarships will no longer be able to exercise their right to choose their educational institution, a choice already enjoyed by wealthier families. Justice Hill stated that portions of the Act violate South Carolina's constitutional prohibition against the use of public funds for the direct benefit of private educational institutions. The decision has sparked criticism from various quarters, with some arguing that it undermines school choice and the will of state legislators and their constituents. The case, Candace Eidson v. SC Dept. of Education, has significant implications as the school year has already started across the state.