SC Supreme Court rules governor’s plan to spend federal coronavirus aid on private school grants unconstitutional

Five Supreme Court Justices vote unanimously that spending would count as a direct benefit to private schools from public schools funds

COLUMBIA, SC (WOLO)– The South Carolina Supreme Court has ruled that the governor’s plan to spend $32 million in federal coronavirus aid on grants to help parents afford K-12 private school unconstitutional.

Governor Henry McMaster had planned to spend two thirds of a $48 million federal allocation for the creation of the Safe Access to Flexible Education (“SAFE”) Grants Program, with grants of up to $6,500 for an estimated 5,000 students.

In a unanimous verdict, the five justices determined that the spending would count as a direct benefit to private schools from public funds, which is prohibited by state law.

In a statement released concerning the SAFE Grants program by the Office of the Governor, McMaster said,

“I remain committed to providing educational opportunity for lower income families and families with special needs at public and private kindergartens, schools, and colleges….In addition to the lower income families directly affected by this decision, it may also place in jeopardy millions of CARES Act dollars recently appropriated by the General Assembly to directly reimburse independent private colleges and HBCUs. We will request the Court to reconsider this important decision.”