By Lily Levin | The South Carolina Department of Education is facing a lawsuit filed Thursday with the state Supreme Court by parents and education advocates challenging the state’s new Education Scholarship Trust Fund voucher program.
In the lawsuit, plaintiffs claimed that the fund, which could divert millions of dollars of state funds from public schools to private schools, violated the state constitution because it bars use of “public funds for the direct benefit of private educational institutions.” Those suing the department included the South Carolina State Conference of the NAACP, the South Carolina Education Association and six public school parents represented by lawyers from South Carolina firms and national education nonprofits.
According to the Associated Press, the program would allow up to 15,000 students to access $6,000 annually in publicly funded savings accounts for private K-12 tuition. That’s the equivalent of $90 million, or about 0.7% of the annual state budget.
The complaint cited a precedent from a previous case, Adams v. McMaster, in which the state Supreme Court struck down federal COVID grant money for one-time private school vouchers.
This most recent program, plaintiffs argue, would require much more funding than Adams, a case already declared unconstitutional.
As of Friday morning, the Education Department did not respond to the Charleston City Paper’s request for comment. But according to published reports. Gov. Henry McMaster told reporters Thursday he was confident the law would withstand judicial scrutiny because the money would go to parents, not schools.
Discrimination, financial concerns
Parents are also worried the bill would negatively impact their children by dividing funds between private schools and public schools, which already lack sufficient funding.
“Instead of private school vouchers, we should invest in our public schools by reducing class size, addressing the teacher shortage crisis, and increasing parental involvement,” said SCEA President Sherry East, who also is a Rock Hill teacher.
Additionally, the new program allows private schools to use public tax dollars without accountability and potentially discriminate against students based on race, ethnicity, religion, disability status and other forms of identity, the plaintiffs alleged. They argued the bill also violated the state constitution because “private schools funded by the program are not required to provide clear educational benefits in exchange for receiving public funds.”
Lily Levin is a reporter with the Charleston City Paper. Have a comment? Send to: feedback@statehousereport.com
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