South Carolina Senate votes to restore school choice; House likely to approve

School choice has faced a bumpy road in South Carolina, but the state Legislature appears to have a solution to solve the program’s crisis – and then some.

Seven months after the state Supreme Court abruptly halted the state’s school choice program only weeks after it began, the Senate has approved compromise legislation that not only addresses the program’s legal challenges but expands it to more residents.

The measure passed the Republican-led chamber 29-13 and was sent to the House this week. Upon approval, it will go to Republican Gov. Henry McMaster, who approved the state’s initial school choice program two years ago and would likely sign the new bill. 

Senate Bill 62 is a “golden” bill because it lets the state determine the program’s funding source on an annual basis. The court had found the education savings accounts unconstitutional, citing the state’s Blaine Amendment – anti-Catholic legislation passed in the 1800s which prevents state dollars from going to religious schools. 

But school choice proponents in other states have successfully argued that money placed in parent-directed accounts is not the same as the state directly funding private schools. 

Since South Carolina’s Supreme Court halted the program, the court’s makeup has changed. Even so, the new legislation avoids the legal objections of the previous ruling by giving the state the option of using lottery funds instead of the state’s General Fund, and transferring state dollars to a trustee, who would then administer funds. 

The legislation is also a “win” for Palmetto State families.  

While the initial program provided $6,000 grants, the new measure calls for $7,500 scholarships, with annual increases for inflation.  

Additionally, 85% of state families would be eligible to participate in school choice starting in 2027-28.  

For the upcoming school year, families at or below 300% of the federal poverty line could qualify, or a family of four earning no more than $96,450. The following year, the limit rises to $160,750, which is 500% of the poverty level. 

The legislation requires 10,000 scholarships be available for 2025-26, and at least 15,000 scholarships each year after that – a number the legislature can increase based on demand. For context, 5,000 scholarships were available this year with nearly 2,900 students approved to use them. 

Priority would go to existing school choice participants and their siblings, followed by children of active-duty military, lower-income households and students who are coming out of public school. 

The bill removes a requirement from the initial program that participants must have previously attended public school, meaning existing private school students and parents who want to enroll their children in private school from the start can qualify. 

The legislation also does not place any significant burdens or requirements on participating private schools, something that hindered school choice in states such as Louisiana, which is rolling out a new program that also doesn’t restrict private schools. 

School choice advocates praised the new proposal, with one calling the compromise bill a “magic amendment.” 

“We could not be more encouraged by the Senate taking this step,” wrote Felicity Ropp, a policy analyst for the Palmetto Promise Institute, which helped raise funds for the existing program after the court’s ruling. “By setting income limits at 500% (of the federal poverty level), the legislation makes roughly 85% of school aged South Carolinians eligible, putting this as a near-universal program.” 

The American Federation for Children praised Senate Chairman Greg Hembree’s “ongoing leadership and determination to deliver school choice to South Carolina families,” said Ryan Cantrell, its government affairs vice president, in a release. “He, along with many other school choice champions in the state Senate, have worked to dramatically expand school choice and ensure South Carolina families can access schools that best fit their children’s needs, aspirations, and values. We look forward to swift passage in South Carolina’s House.” 

The Republican-controlled House has until the end of session May 8 to act on the proposal.