South Carolina lawmakers are betting on the state lottery to get private school vouchers back.
On Tuesday, State Senators introduced a new version of the state’s trust fund scholarship program that the Supreme Court struck down in September. State Sen. Greg Hembree, chairman of the Education Committee, said the main difference is that the new scholarship is totally funded by lottery revenues.
The proposal, which is a top priority for Republican lawmakers, is intended to restore the school choice program.
Families and educators that rely on the funding are hopeful. But for some, hope isn’t enough.
“It hurt us a little bit. The fact that they’re saying that they are willing to help and there are other resources, I hope that’s possible. I hope whatever they say they’re going to do, they’ll do, because it does help our child,” Kindra Watts, a parent from the upstate said, who said they would have to look into other public schools than their child’s original one if they lost the scholarship funding.
The South Carolina Education Scholarship Trust Fund Act was signed into law by Gov. Henry McMaster in May 2023. The state Supreme Court struck it down in September a month after parents and students were able to use the money. The court ruled 3-2 that private school vouchers violated the South Carolina Constitution’s provision on public funding not being used for religious or other private educational institutions.
The Supreme Court’s decision affected real families who had the money stripped from them, Hembree emphasized. “If we didn’t get it right, we need to fix it and fix it fast,” he said.
Lawmakers are attempting to sidestep the constitutionality issue with a few changes in a bill that will be prefiled Wednesday. They expect the bill to be challenged.
“You don’t not do it because it’s going to get challenged,” Hembree said. “As our majority has grown in the Senate, and it’s more difficult for the minority party to stop things, we have seen an increase in the litigation.”
The new bill, which would be renamed “K-12 education lottery scholarship,” would be available for families at 600% of the poverty level in 2026. It also removes other eligibility criteria, with the exception of the residency requirement.
“You’re really just seeing a shift, you’re moving this expense to the general fund to leave capacity in the lottery fund to be used for this program,” Hembree said.
The struck-down law was for students who qualified for Medicaid or if their families income was less than 400% of the the poverty level. Each recipient received $6,000.
The new bill would annually increase the amount of the scholarship, which the subcommittee said would be a little over $8,000. There would only be two questions for qualification: Whether the recipient is a South Carolina resident and if they met the poverty guidelines set for that year.
They would also make the application process rolling instead of deadline driven. The list of eligible expenses would be expanded to include the cost of uniforms.
The funds would be appropriated similarly to other scholarship programs. The General Assembly will make certain appropriations to the scholarship, the treasurer will then direct funds from the South Carolina Education Lottery Account, a separate account from the general fund.
While the bill has new elements, the general structure of it has already been debated, Hembree said, so the passage of it should be overall smooth and quick.
However, the Senate’s 13 new members could factor into the pace, he said. While having new ideas is beneficial, it can also be slower, Hembree said.
“It’s going to take us a little time to to get them and give them an opportunity to learn it and understand it and then form their opinions on it.”
Hembree said the new version was created over the last few months as lawmakers worked to achieve a version that was consistent with the courts opinion, but still “achieves the objective.” While lawmakers may not agree with the courts opinion, they still respect it, he said.
Hembree said the lottery funds would not be tapped out anymore than they already are in the proposed bill.
Parents are hopeful, but hope may not be enough
After the subcommittee Tuesday, a group of families and educators followed Hembree to his office. State Rep. Shannon Erickson, R- Beaufort, the chairwoman of the House Education committee who attended the subcommittee meeting, joined them.
“The process is slow, we’re making it as fast as we can,” Hembree said to the group of families and educators. “This is so new, we were literally working on the bill yesterday. We’re talking about a bill today that’s wasn’t even really a bill yet, more of an idea.”
Hembree said the subcommittee would meet again in January.
David Warner and his two children went into Hembree’s office. Warner’s son relies on the scholarship to attend a private school.
“I believe we should be able to pick what’s best for our children, and if that happens to not be public school, then that should be available,” Warner said. “It was very challenging.”
Not every school matches a child’s needs, Warner said, and he doesn’t want his son to switch schools, leaving friends and an environment he had grown in.
“I’ve got 30 students, we’ve got 60 students between us who are scholarship kiddos that deserve and need to be in our schools, what do we tell them?,” Beth Martyn, principal of Divine Redeemer Catholic School in Hanahan, asked Erickson.
Erickson said it is her understanding that this bill will be on a fast track, and the funding aspect is their top priority for the bill.
“My number one job is going to be to make sure that the money goes and the team puts that back in place as quick as possible she said.
Martyn asked Erickson if there would be something in place for the 2025-26 school year. “If I have any juice at all in the House, I will make something happen,” she said.
The principal said if the law gets struck down again, she will find a way to fund the students, whether it be through fundraising or something else.
“We’re not going to let them go, it’s too important,” Martyn said.
This story was originally published December 11, 2024, 12:45 PM.