Low-income parents petition South Carolina court to restore school choice

South Carolina parents are petitioning the state Supreme Court to reinstate the school choice program funding their children’s education.

In a petition filed Thursday, parents and the Institute for Justice claim the court neglected to consider federal precedent regarding the Fourteenth Amendment when ruling against South Carolina’s Education Scholarship Trust Fund (ESTF) program.

The program was enacted in May of 2023 to give scholarships to low-income students, but the South Carolina Supreme Court struck it down on the grounds of the state’s antiquated Blaine Amendment. 

The amendment, like outdated Blaine Amendments in other states, prohibited the use of public funds for religious schools. They’ve been increasingly overturned for violating the First and Fourteenth amendments to the U.S. Constitution. 

“Because of this prohibition, 5,000 low-income families lost the ability to use their scholarships to attend private schools,” said David Hodges, an educational freedom attorney with the Institute for Justice. 

“This is a travesty not only for these children, but for the rule of law. These education scholarships were meant for every family – not every family except the ones who choose a type of education that the state constitution disfavors.” 

Leading the petition are Yamilette Alberson, a mother of three, and Constantine Shulikov, a father of five. 

“It feels like I’ve had the rug pulled out from under me,” said Albertson, who is also a Marine veteran. “My kids are succeeding in subjects that they used to struggle in, but without the scholarship money, I’m not sure how I’m going to afford tuition.” 

Without expedited action from the court system, the plaintiffs – and thousands of other low-income parents – will be forced to withdraw their children from the education environments in which they were thriving.  

“Within a matter of a few months, Petitioners must make critical decisions regarding their children’s educational future,” the petition reads. “Without a speedy injunction from this Court prohibiting the Department from enforcing its policy and practice, they will almost certainly be forced to uproot their children from their schools by, at the latest, the end of this school year. All the while, Petitioners must draw on their own limited resources to pay the current tuition they thought would be covered by ESTF scholarships.” 

The defendant in the case is the head of the education department, State Superintendent Ellen Weaver. But as it turns out, Weaver wants more school choice too, and opposed the court’s initial ruling.  

“Families cried tears of joy when the scholarship funds became available for their children, and today’s Supreme Court ruling brings those same families tears of devastation,” she said in a press release in September.   

“I remain committed to working with the Governor and the General Assembly to find a way forward to support these students and educational freedom for all South Carolina families. These students deserve better, and I will not rest until they get it.” 

Although a philanthropic billionaire from Pennsylvania donated $900,000 to keep ESTF funded through the end of 2024, families will be on their own after that unless the court steps in again.  

The Institute for Justice is asking the court to take action within 21 days.