The South Carolina Supreme Court ruled 3-2 on Sept. 11 that the state’s school voucher plan violates part of the state constitution.
South Carolina’s voucher program allocated tax funding through “Education Scholarship Trust Funds.” The court ruled that taxpayer money cannot be used to pay tuition or fees at private schools, but it upheld a portion of the law that allows reimbursements for tutoring and textbooks, reported the Associated Press.
Under the plan, vouchers of up to $6,000 were offered to 5,000 students per year. The program has an income cap for families, and only those making less than $120,000 a year qualified.
The court held that the voucher plan violated a section of the state constitution that says, “No money shall be paid from public funds nor shall the credit of the State or any of its political subdivisions be used for the direct benefit of any religious or other private educational institution.”
Justice Gary Hill wrote, “A parent who chooses to use a scholarship to pay their child’s private school tuition is undoubtedly using public funds to provide a direct benefit to the private school.”
The legal challenge was brought by the South Carolina Education Association and the NAACP.
“We are grateful that our court has confirmed that public funds are confined for public good,” Sherry East, president of the South Carolina Education Association, said. “We have been anxiously awaiting this decision, and we are happy with the outcome.”
Voucher boosters in the state have vowed to find a way to reinstate the program, possibly by putting the matter on the ballot in 2025. (Eidson v. South Carolina Department of Education)