Attorney General Alan Wilson fights to defend South Carolina school choice
March 6, 2024
Today the South Carolina Supreme Court will hear oral arguments regarding South Carolina’s historic school choice law that created Education Scholarship Accounts (ESAs). This law grants parents of eligible students up to $6,000 per child to use for private and public education expenses. Those eligible must apply.
“Education is not one-size-fits-all. Not all children learn and grow the same way,” said Attorney General Alan Wilson. “Parents know what’s best for their child and his or her educational needs. I’m proud to support this law because protecting and expanding school choice is essential.”
Critics of the law brought suit claiming it was unconstitutional. In a brief filed with the court, Attorney General Wilson argues not only is the law constitutional, but there is also strong legal precedent to support it.
The brief states, “A careful review of relevant primary sources from the time reveals that [the Constitution’s] prohibition on direct aid does not extend to programs like this one and that the program represents a constitutionally permissible form of indirect aid… By removing the prohibition on indirect aid to private institutions, the framers and adopters of the provision intended to allow grants, scholarships, and other forms of indirect aid to students attending private schools.”
