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Schools voucher law gets challenged with lawsuit

South Carolina Education Association and others filed a lawsuit challenging the law saying its unconstitutional.

COLUMBIA, S.C. — A controversial education law known as the Education Scholarship Trust Fund Voucher Program is headed to the State Supreme Court. South Carolina Education Association (SCEA), and the South Carolina NAACP among others say the bill is unconstitutional. 

In efforts to get the law struck down, these organizations and six public school parents filed a lawsuit on Thursday.

“We have always kind of thought if it passes, what are our next steps, so we were working with our legal team even before it passed to say what will we do,” SCEA President Sherry East said.

In May, the South Carolina legislature passed a bill that will allow 15,000 students in the state to use public money for private schools. Sherry East said the organization is asking the State Supreme Court to stop the voucher program.

“I think we need to shore up accountability to make sure that if you're a private institution and you're taking public dollars, that you are upheld to the same standards as a public school. For testing, for enrollment, for all things. We’ve looked at several private schools’ entrance policies. They don’t take all students,” East said.

State Superintendent of Education Ellen Weaver supports the law and sent the following statement to News 19 about the pending lawsuit:

“Every child in this state deserves every possible educational opportunity. That’s what my campaign for State Superintendent was about. That’s what the Legislature passed and the Governor signed into law. And that’s what we are fighting every day to provide. Opponents of expanding opportunity couldn’t win at the ballot box, lost in the Legislature, and now ask the courts to overrule the will of the people. It’s not surprising, but it is disappointing. I refuse to allow anyone to stand in the way of opportunity for students in our state to access an education that best fits their individual needs. I will fight tooth and nail for these children and will never give up on them.”

Stacey Spangler is a Richland Two parent. Her son is 10 years old.

“Parents should have the opportunity to have the option to send their child to whichever school they want to," Spangler said. "That’s going to be a better education for the child, and, you know, may not be able to afford school. But I feel like government funding shouldn’t be given to the private sector.” 

According to the South Carolina Education Association, the court has 20 days to respond on whether it will hear the case.

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