The K-12 private schools voucher program in South Carolina has been deemed unconstitutional by the state’s Supreme Court. This has put GOP leaders in a difficult position as they try to figure out how to communicate this to parents who have already received funding.
The state’s high court, in a decision split 3-2, determined that the use of taxpayer funds to cover private school tuition is not permissible. There is currently uncertainty surrounding the implications for the approximately 3,000 students who are already enrolled in private schools. The state Education Department does not have immediate answers to address this situation.
Private Schools
SC Supreme Court Justice Garry Hill, writing for the majority, states that the existing program for the current academic year breaches the state constitution’s prohibition on public funds directly benefiting private schools.
The ruling Republicans of South Carolina, who had full confidence in the private schools law that was in the making for twenty years, faced a significant and unexpected setback with the decision.
Hill’s conclusion challenges Chief Justice John Kittredge‘s dissent, which was viewed as further solidifying the already conservative court that typically aligned with the Legislature.
“The dissent claims our decision ‘pulls the rug out’ from under the feet of the General Assembly and ‘ultimately, the feet of the students the law was designed to serve.’ Our duty is to serve the Constitution, the supreme policy of our land. As such, our obligation is not to allow a rug to cover up well marked constitutional ground, no matter how inconvenient that ground may prove to be,” Hill writes.
“The entire concept behind the Constitution and the rule of law is that the end cannot justify the means,” he continues.
Former Chief Justice Don Beatty, who retired this summer, and acting Justice James Lockemy, a retired judge who temporarily presided over the case, have both joined Hill.
The decision aligns with the arguments put forth by the legal representatives of the South Carolina Education Association and NAACP.
“We are grateful that our court has confirmed that public funds are confined for public good,” said SCEA President Sherry East. “We have been anxiously awaiting this decision, and we are happy with the outcome.”
“My next fear is that this comes up again in January,” added East.
Last year, Republicans rejoiced over the private schools law that put an end to an initiative which was initiated by then-Governor Mark Sanford in 2004.
$6,000 scholarships were given to cover expenses related to K-12 education, including tuition, tutoring, transportation, and other school-related costs. In the first year, the law limited participation to 5,000 students who were eligible for Medicaid. However, the actual number of eligible and approved K-12 students for this school year was 2,880 out of over 7,900 applicants.
Advocates believed they discovered a solution to bypass the constitutional prohibition on using tax funds to directly support private education. They accomplished this by depositing the funds into a designated trust fund for parents to manage. A sum of $1,500 has already been allocated to each student’s account.
Private schools were not deemed as the direct beneficiaries by the majority opinion, which countered the state’s contention that it was the students who benefited instead.
“The tuition benefits directly subsidize the educational function of private schools,” Hill wrote. And “the size of the tuition benefit is significant.”
GOP leaders were unprepared for this potential ruling and lacked a backup plan. Several unanswered queries remain, such as whether the state should be reimbursed and who would bear the responsibility for payment, either the private school or the parent.
“Families cried tears of joy when the scholarship funds became available for their children, and today’s Supreme Court ruling brings those same families tears of devastation,” stated Ellen Weaver, the state Superintendent, who previously chaired the organization advocating for the school choice legislation.
“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,” she said in a statement.
GOP leaders in the House were extremely sure that the private schools ruling would be in their favor. They proceeded to pass a bill this year in the House, aiming to broaden eligibility for all students, regardless of their parents’ income. Nevertheless, this bill did not pass into law as senators considered it premature and did not bring it up for discussion.
The ruling was deemed disappointing by House Speaker Murrell Smith, who co-sponsored the expansion bill.
The Sumter Republican mentioned that there exist comparable scholarship initiatives for college students and economically disadvantaged four-year-olds. Scholarships supported by lottery funds can be utilized at any college in the state, whether public or private. Likewise, children who qualify for state-funded, full-day 4K education can attend either a public or an approved private preschool. However, these widely embraced programs have never faced any legal challenges and are not implicated in the court’s ruling.
“This ruling will not only strip choice from countless families across our state, hindering educational opportunity from many deserving children, but it also puts in jeopardy current programs that include higher education and preschool that are essential for South Carolinians,” Smith said in a statement.
Gov. Henry McMaster cited those programs as a contributing factor in his office’s swift request for a reevaluation of the state Supreme Court’s private schools ruling.
“The Supreme Court’s decision may have devastating consequences for thousands of low-income families who relied on these scholarships for their child’s enrollment in school last month,” McMaster said in a statement. McMaster wants the ruling reversed “so that the children of low-income families may have the opportunity to attend the school that best suits their needs.”