SC High Court Rules GOP K-12 Voucher Program as Unconstitutional, Affects Almost 3,000 Students

School choice debate

SC High Court Disallows GOP Vouchers in Landmark Ruling

COLUMBIA – The South Carolina Supreme Court has made a groundbreaking decision, ruling the state’s K-12 voucher program as unconstitutional. In the 3-2 split verdict, the judges deemed that taxpayer funds cannot be utilized to pay for private school tuition. This leaves the ruling Republicans, who have been working on the law for over two decades, in a state of shock and scrambling to address parents who have already received funds.

As a result of the ruling, nearly 3,000 students currently enrolled in the program can no longer use their $6,000 scholarship towards private tuition. However, they can still use these funds for tutoring and other educational services, stated a spokesman for the state Education Department post a review of the ruling.

Violation of SC Constitution

The verdict found that the existing voucher program for this academic year infringes upon the state constitution’s mandate against public dollars directly benefiting private schools. Justice Garry Hill, in his majority opinion, stressed on the court’s responsibility to uphold the Constitution, the supreme policy.

The judges joining Hill in the majority decision are former Chief Justice Don Beatty and acting Justice James Lockemy. This ruling was in consonance with the arguments of the South Carolina Education Association and the NAACP.

“We are grateful that our court has confirmed that public funds are confined for public good,” said SCEA President Sherry East.

Impact on Families and Educational Pathways

It is the families already allocated money that require immediate attention following the ruling, as remarked by Patrick Kelly, the lobbyist for the Palmetto State Teachers Association. He highlighted the potential problems for children that might have started the academic year in one school but may not be able to complete it due to the ruling.

Initially, the GOP leaders had expected a favorable ruling and did not have a contingency plan ready. Consequently, after the verdict was handed out, they had to quickly devise a plan. The Education Department has since instructed the company responsible for the online payment portal to halt all private tuition payments. The department is preparing a response to inform parents about the ruling’s implications and available options.

No reimbursements are needed for tuition payments already made. Each student’s account will continue to receive the prescribed quarterly allotments of $1,500, but these funds must be utilized for expenses other than private school tuition.

Reaction from State and House Leaders

The ruling has been received with disappointment by top state officials. State Superintendent Ellen Weaver highlighted how the timing of the ruling midway through the new school year could potentially cause chaos for the participating students and their families.

House Speaker Murrell Smith called the ruling discouraging, noting that it both hampers educational opportunities for numerous deserving children and jeopardizes existing scholarship programs essential to South Carolinians.

Addressing the ruling, Governor Henry McMaster also highlighted the possible negative implications on thousands of low-income families and mentioned his office’s plans to request a hasty reconsideration of the Supreme Court’s ruling.

Towards Future Resolutions

According to teachers’ advocacy group representative Kelly, legislators who want to use tax dollars for private K-12 tuition will now need voters’ permission. He also suggested that lawmakers should primarily focus on enriching choice options in public schools as their first step.

Moving forward, parents staying enrolled will still have promising prospects as student eligibility requirements remain intact. According to the current law, eligibility is set to rise by year three to include 15,000 students from higher-income homes.


HERE Newberry
Author: HERE Newberry

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