South Carolina Supreme Court Strikes Down Statute Providing Vouchers for Private Schools
September 19, 2024
In a major victory for public education, on September 11, 2024, the South Carolina Supreme Court in Eidson v. South Carolina Department of Education struck down a private school voucher program enacted by the State Legislature in 2023.
The Court found that the program used public funds for the direct benefit of private schools in violation of the South Carolina Constitution. Due to the important constitutional questions at issue, the lawsuit was filed directly in the South Carolina Supreme Court, which accepted original jurisdiction under the State’s public importance doctrine. Following expedited briefing and argument, the Court invalidated the portion of the statute that funded vouchers for private school tuition. On behalf of the National Education Association and South Carolina Education Association, Bredhoff & Kaiser played a lead role in the case in both briefing the matter and arguing the case before the South Carolina Supreme Court.