SC’s fast-moving education lottery scholarship idea to face legal challenge, opponents say By Anna Wilder January 09, 2025 12:31 PM A new school voucher plan is moving so quickly it may bypass some of the regular legislative process. That’s because Sen. Greg Hembree, R-Horry, said he’s ready to get it passed and confident in its success, despite clear legal challenges, his opponents argue. Senators, such as Hembree, are betting on lottery funding for their new version of of the state’s trust fund scholarship program. The state Supreme Court struck down the previous one in September, one month after students and parents began using it. In a 3-2 decision, the court ruled private school vouchers violated the South Carolina Constitution’s provision on public funding not being used for religious or other private educational institutions. Hembree said because the lottery funds do not go through the general assembly or the general fund, funding the school vouches with lottery money should bypass the constitutionality issue. He and others are confident this method is legally justified. “Why do I think this will be constitutional? Because the Supreme Court has told us it’s going to be constitutional,” Hembree told Sen. Brad Hutto, D-Orangeburg, in a Senate Education subcommittee meeting Wednesday. Hutto was questioning the legal justification for lottery funding. Hutto said the bill is “clearly” still violating the Constitution, so he suggested having South Carolinians vote on whether public dollars can be spent on private institutions. “It won’t pass because this isn’t what the people want,” Hutto said referencing a Constitutional amendment. Hutto also said the legislation is being rushed. Sen. Darrell Jackson, D-Richland, and Sen. Ronnie Sabb, D-Williamsburg, also cautioned against the idea of skipping some of the legislative process in a full committee meeting later Wednesday. Sabb questioned not hearing from those directly affected by the legislation in subcommittee or full committee, especially when it came to changes in the new bill. “I just don’t know that it serves the best interest of what we’re trying to do,” Sabb said. A binder of previous public comments was made available to members of the subcommittee and Hembree said it was in the process of being posting online for the public. Hembree said he would like to see the legislation discussed on the Senate floor next week, which would bypass public comment in committee. To do this, a senator someone will have to request to move the bill without reference, and it would need 3/4ths of the Senate to approve. Not the legislation that SC schools need, opponents say Hutto asked how the scholarship would help lower income families and said the state needs to be focusing on helping public schools, while pointing out this legislation doesn’t quite do that. There’s a myriad of issues that South Carolina public schools are dealing with, including paying teachers more, putting more resources in the classroom and even fixing school buildings, Hutto said. Hutto said the bill also has the ability to subsidize families who don’t really need the money, which he feels is a waste. Hembree said he was going to push for an amendment that would require the funds to reset to anyone 200% above poverty line, and increase from there, so he could ensure that those who needed it most were getting the funding.
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