Opinion: South Carolina legislators must restore school choice for families

Education
January 30, 2025

This op-ed by Francesca Flores was originally published in The Greenville News.

Imagine being a parent, watching your child thrive in a school that meets their unique needs — only to have that opportunity suddenly taken away. That is what happened to low-income families in the Palmetto State.

Now that South Carolina’s legislative session has begun, lawmakers face decisions that could reshape life in the Palmetto State, with one of the most critical being school choice.

When South Carolina’s Supreme Court ruled against the Education Scholarship Trust Fund (ESTF) program back in September 2024, it shut the door on nearly 3,000 low-income families who were using it to provide their children with an education that best fit their needs. This has led lawmakers to find new ways to bring the school choice program back.

Families in the Palmetto State cannot wait any longer for lawmakers to take action and restore the opportunities provided by the ESTF program, which has been a lifeline for students seeking better educational opportunities.

Experiencing the life-changing power of school choice firsthand and hearing countless stories from South Carolina schools and families being impacted by the court’s ruling, I know that every child, regardless of income, race, or background, deserves access to an education that meets their unique needs.

I have actively engaged in school choice legislation across multiple states, including South Carolina by collaborating on policy initiatives, promoting school choice during my time as Miss Mission South Carolina USA, providing media coverage, and producing news stories to highlight the impact and importance of these programs.

While the recent court ruling for the ESTF program has left many families in limbo, there is still hope on the horizon as lawmakers, parents, and organizations explore creative solutions to keep these children in their new schools.

The think tank Palmetto Promise Institute has also been fundraising to help schools continue to educate children who were on the ESTF program. Parents also have filed petitions to the court to restore the program. Lawmakers are evaluating new initiatives, such as K-12 scholarships funded from the state’s education lottery, which has been used to fund different education initiatives in the state.

They are considering using funds from the state’s education lottery so it will likely either steer clear of Blaine Amendment challenges or the state Supreme Court will decide in favor of the program since the funds do not go through the state’s general fund.

When the court initially ruled against the ESTF program, it cited the Blaine Amendment, arguing that public funds cannot directly benefit private or religious schools. However, the program is an education savings account (ESA) which provides funds to families, making it indirect support rather than direct funding to private schools.

However, similar programs to the ESTF around the country have successfully withstood Blaine Amendment challenges in other states, including Arizona, as these school choice programs are different from vouchers, which are funds that go directly to private schools. After all, most states that have incorporated the Blaine Amendment into their state laws have these programs.

Flexible K-12 funding for students can provide vital support for children and lay a strong foundation to ensure families have access to the best education for them. To create a lasting impact, the legislature and private entities must work together to develop strategies for sustaining funding well into the future.

South Carolina stands at a crossroads with the opportunity to lead the way in expanding school choice for families. Now is the time for bold action to bring back the school choice program so every child has access to an education that empowers them to thrive — the future of the state depends on it.

Frances Floresca is an education policy analyst and reporter. She has advocated for school choice in state legislatures all over the country, and she previously served as Miss Mission South Carolina USA.