Brian McGrath Executive Vice President of Programs | EdChoice
The South Carolina Supreme Court has set a new legal precedent in the realm of education choice. In a recent ruling, the court decided on the case Eidson v. SC Department of Education. The ruling permits parents to use the South Carolina Education Scholarship Trust Fund Program (ESTF) for various educational services, but not for private school tuition.
ESTF is designed as an education savings account program. It is available to South Carolina K–12 students from families with limited means who previously attended public schools. Traditionally, ESTF allowed families to cover costs for educational expenses, including private school tuition and other education-related goods and services. Following the court's decision, the program now excludes the use of funds for private school tuition, though other educational services remain eligible for payment.
Thomas M. Fisher, Vice President and Director of Litigation at EdChoice Legal Advocates, expressed disagreement with the court's interpretation, stating: “We disagree with the Court’s decision, which misunderstands the South Carolina Constitution’s text, history, and precedents. ESTF does not directly benefit schools. It directly benefits families, who decide through their voluntary choices whether a child’s ESTF dollars go to a school or elsewhere.”
The court criticized the program for not making scholarships available to all public and private institutions, limiting the choices for families. The court commented: “This is not the kind of free trade envisioned by Adam Smith or Milton Friedman.”
The Friedman Foundation for Educational Choice, founded in 1996 by Milton Friedman and his wife, Rose D. Friedman, was renamed EdChoice, Inc. in 2016. The Partnership for Educational Choice, a joint initiative of EdChoice and the Institute for Justice, supported ESTF through an amicus brief in the case, aiming to enhance educational opportunities.
Robert Enlow, President and CEO of EdChoice, remarked on the ruling: “The South Carolina Supreme Court just observed in a majority judicial opinion what Milton Friedman and EdChoice have been saying all along—education freedom means a range of choices for families among district public schools, charter schools, private schools, and à la carte education providers.” He also indicated enthusiasm for supporting lawmakers in expanding educational options for parents.
EdChoice, a nonprofit organization advocating for educational freedom and choice for all students, established EdLA in 2023 to defend school choice programs across the states.
For further inquiries or to connect with Robert Enlow, Thomas Fisher, or a representative from the Institute for Justice, contact Kate Brown at [email protected].
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