| Miscellany Staff Report

SC Supreme Court rules ESTFs unconstitutional

In a 3-2 decision today, the South Carolina Supreme Court ruled that the Education Scholarship Trust Fund (ESTF) is unconstitutional and has ordered that the Department of Education not distribute additional funding to recipient families for use in nonpublic schools.

In a state ranked 41st in education (US News), families have now been robbed of the opportunity to choose alternative academic solutions to suit their unique needs.

Michael F. Acquilano, vice chancellor and chief operating officer for the Diocese of Charleston said, “We are tremendously disappointed by the news. Instead of prioritizing the needs of children, the court has chosen to punish South Carolina families. Thousands of children from low-income households who have already received funding for the academic year are now facing great uncertainty.

“The Catholic Church believes that every human being is created for more — we cannot limit the beauty of what solid education and formation can provide to a child, a community and to our state,” he said.

“Our Catholic schools have a long history of elevating countless students from situations of great disparity to places of excellence in business and civil society,” Acquilano continued. “We have centuries worth of data and evidentiary support that provide that a solid education is the greatest eliminator of poverty. The ESTF program would have amplified what the Church has done for hundreds of years. We will continue to work for and support children and families in South Carolina.”

The initial $1,500 of the $6,000 annual total was allocated to students and families for the first quarter of the academic year. These funds will not be revoked, however, the remainder cannot be distributed to nonpublic schools. The order only blocks future tuition and fees to nonpublic schools.

However, the court's decision to wait until the new school year is several weeks underway is a devastating blow for many families. Catholic schools in South Carolina educate higher percentages of students with special needs than public schools.

ESTFs had given parents the ability to choose an education that best suits the needs of their children. Catholic education became accessible to thousands of families who could not have otherwise afforded it. This ruling places them and nonpublic schools in uncertain circumstances about whether students can remain.

Gov. Henry McMaster released a statement in response asking the court to “expeditiously reconsider” their decision on behalf of children in low-income families so that they “may have the opportunity to attend the school that best suits their needs."

"The Supreme Court's decision may have devastating consequences for thousands of low-income families who relied on these scholarships for their child's enrollment in school last month,” the statement read. "It may also jeopardize the future enrollment of tens of thousands of students in state-funded four-year-old kindergarten programs and state-funded scholarships utilized by students at private colleges and HBCUs."

State Superintendent Ellen Weaver said that families cried tears of joy when the scholarship funds became available, but that today’s ruling "brings those same families tears of devastation."

"The late timing of the initial filing and subsequent ruling on this case midway through the first quarter of the new school year wreaks havoc on the participating students and their families," Weaver explained.

"While I respectfully disagree with the holdings of the majority decision, 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," she said.

The South Carolina Catholic Conference, also helmed by Acquilano, joined the governor in requesting that the state Supreme Court reconsider on behalf of the thousands of students served every day in Catholic schools across the state. The conference pledged "to continue to work tirelessly to provide South Carolina families with greater choice in education now and in the future."