SEF Applauds South Carolina Supreme Court Decision Striking Down Private School Voucher Program

The State Constitution Prohibits Use of Public Funds For Private Schools

SEF strongly supports the South Carolina Supreme Court’s decision to strike down a school voucher program that would have used public funds to pay for private school tuition. In Eidson v. South Carolina Department of Education, petitioners successfully challenged the constitutionality of the 2023 Education Scholarship Trust Fund (ESTF) Act, which would have allowed funds from the state’s treasury to be used for private school tuition. The Court’s decision was based on longstanding consensus reflected in the state’s constitution that public funds are to support public schools only and not private ones. The Court said the following:

Over fifty years ago, the people of South Carolina reaffirmed their commitment to South Carolina’s public school system by voting to amend the South Carolina Constitution to adopt Article XI, Sections 3 and 4, mandating a system of free public schools open to all children and prohibiting public money to directly benefit private schools. Since that vote of the people and its ratification by the General Assembly, it has been constitutionally prohibited in South Carolina for the General Assembly to pass a law allowing payments from public funds for the direct benefit of any private educational institution. Today, we hold ESTF funds are public and the portions of the Act allowing ESTF scholarships to be used to pay tuition and fees at private education service providers are unconstitutional.

The plaintiffs, including public school parents, the South Carolina State Conference of the NAACP, and the South Carolina Education Association, argued — and the Court agreed — that the law violated an article 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.” Last week, the Court denied requests by the defendants to reconsider its decision, holding firm that the voucher program was unconstitutional.

“Multiple times in recent years, the South Carolina Supreme Court has reaffirmed its commitment to upholding the crucial protections for public schools enshrined in the state constitution. We are very pleased that courts across the country continue to invalidate unconstitutional efforts to divert public funds to private schools,” said Education Law Center Litigation Director Jessica Levin, who served as co-counsel for the plaintiffs. The plaintiffs were represented by lawyers from the National Education Association; Education Law Center, which directs the Public Funds Public Schools (PFPS) campaign; the NAACP Office of General Counsel; Bredhoff & Kaiser PLLC; and the South Carolina firms of Nickles Law Firm, LLC, Tinkler Law Firm, LLC, and Wyche, P.A.

The voucher law would have required an appropriation to the South Carolina Department of Education to fund $6,000 disbursements for each participating student. SEF recently opposed expansion of a similar voucher scheme in North Carolina. That bill was later vetoed by the Governor.

A leader in improving public education in the South since 1867, the Southern Education Foundation continues to push back against all forms of school vouchers across the South and applauds the South Carolina judiciary for making the right decision for the state’s children. School vouchers have a long history in the South, beginning when states provided White families with tuition for the many all-White private schools, also known as segregation academies, that opened in response to the desegregation mandate in Brown v. Board of Education. Research shows that vouchers do not positively impact student achievement — and in fact contribute to lower outcomes for students who use them.

See SEF’s fact sheets on school vouchers and other education topics, and additional SEF news and updates.

SEF is a 501(c)(3) nonprofit organization supported by partners and donors committed to advancing equitable education policies and practices that elevate learning for low-income students and students of color in the South. We develop and disseminate research-based solutions for policymakers and grow the capacity of education leaders and influencers to create systemic change. We envision a world where every student, regardless of background, enjoys an education that propels them toward the opportunity-rich life they deserve.