State Supreme Court Ruling Disrupts Education Funding for South Carolina Families

COLUMBIA, S.C. — State Education Ruling Hits Families Hard

In a startling turn of events, many families in South Carolina are facing an unexpected setback following a ruling from the state Supreme Court regarding education funding. On August 1, State Superintendent of Education Ellen Weaver visited The Farm at Florence 1 Schools, where she was optimistic about the direction of educational support in the state. However, just days later, the court’s decision has cast a shadow over plans for educational freedom.

What Happened?

On Wednesday, the state Supreme Court made a divided decision, ruling that parts of the 2023 Education Scholarship Trust Fund Act contradict the state constitution. The court stated that using public funds for direct benefits to private schools is a breach of the state prohibition, famously known as the “no-aid” clause from Section 4 of Article XI of the state constitution. The vote was tight at 3-2, with Justices Gary Hill, acting Justices Donald Beatty and James Lockemy siding with the majority, while Chief Justice John Kittredge and Justice John Few disagreed.

The legal challenge was initiated by a group of concerned public school parents, alongside the South Carolina NAACP and the South Carolina Education Association. Defendants of the case included prominent state leaders such as Governor Henry McMaster and various legislative heads.

Reactions from State Leaders

The reaction to the court’s ruling was swift and filled with disappointment. Weaver expressed concerns over how the decision disrupts families that had already enrolled their children in private schools using funds from the scholarship. “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 noted in her statement.

The 2023 Education Scholarship Trust Fund Act aimed to establish a fund providing vouchers of up to $6,000 to families wishing to transfer their children to private schools or out-of-zone public schools, assuming they met certain income and enrollment criteria. However, state officials argued that once the funds are transferred, they become private money owned by the families, which allowed them more flexibility in how to use it.

What the Court Found

The court, however, rejected this interpretation. It asserted skepticism towards the idea of a genuine trust fund being established, claiming that the law did not properly identify a trustee, which is necessary for a trust to be deemed valid. The ruling referred back to past cases where attempts to use trust funds circumventing constitutional limits were also struck down, confirming that money in this instance is still considered public.

“We see no daylight between the trust veneer peeled away in O’Brien and the trust here,” the opinion read. The justices concluded that the funds indeed provided a direct benefit to private schools, which is against the constitution’s mandate.

The Road Ahead for Families and Educators

Despite the setback, there’s still some silver lining for families. The court’s ruling partially struck down the law, allowing families to utilize scholarship funds to attend other public schools outside their zoned districts. Nevertheless, many are left in a state of uncertainty, grappling with how to navigate the educational landscape without the promised financial support.

Governor McMaster expressed his intention to request a quick reconsideration of the court’s decision, emphasizing the implications for low-income families who were counting on these scholarships for their children’s education. “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,” he stated.

Weaver, sharing in the disappointment, pledged to work alongside the governor and legislature to find alternative solutions to support educational freedom for families across the Palmetto State. “While I respectfully disagree with the holdings of the majority decision, I remain committed to working with the governor and the General Assembly to find a way forward to support these students and educational freedom for all South Carolina families,” she expressed.

As South Carolina navigates this tumultuous chapter in its education system, many will be keeping a close eye on how the discussions unfold in the coming weeks and months.