COLUMBIA, S.C. — Private school vouchers are back on the table for the South Carolina legislature. In fact, it may be the very first thing the Republican supermajority introduces in the 2025 session.
"We're going to start with Education Scholarship Accounts. We're going to try to respond to the [South Carolina] Supreme Court opinion," said state Senate Majority Leader Shane Massey. "We spent a lot of time working on this issue over the last two or three years. We thought we had it right -- not quite, apparently. But we're going to give it another go."
That state Supreme Court opinion came in September, ruling it was unconstitutional to use public funds for private or religious educational institutions.
A new bill pre-filed last week hopes to address the Court's decision by relying on lottery funds, rather than the general fund. However, the South Carolina Education Association says this is still unconstitutional.
"The Constitution is clear. It says in the South Carolina constitution that you cannot use public funds for private or religious schools," Sherry East, President of the SCEA and a Rock Hill teacher, said. "It says it in black and white."
The SCEA and NAACP teamed up to lead the lawsuit against the initial legislation. The decision was 3-2 in their favor. However, one of the justices who voted with the SCEA is no longer on the court.
"We're very concerned now that the courts have changed. If we go to court at this time, we're not sure how that's going to work," East said.
Sen. Massey said he hopes the private school vouchers will benefit lower-income students.
"What we've really been focused on are poor children who are stuck in schools that are consistently underperforming," Sen. Massey said, "those children who really don't have a choice to do anything differently."
However, East says that isn't the case.
"$4,000 toward a $15,000 tuition is not going to get you in private school," she said. "What we're afraid of is just going to pad the pockets of parents that already have their children in private school."
She added that they are ready for more litigation but that she expects it will pass through the supermajority quickly.
Separately, a Charleston-area Senator pre-filed a bill to completely remove the part of the state constitution that says public funds cannot be used for private schools.
Lawmakers return to the statehouse on January 14, 2025.
Contact Julie Kay at juliekay@wcnc.com and follow her on Facebook, X and Instagram.