Senate Education Committee opens debate on S.62, K-12 education lottery scholarship bill

Senate Education Committee members met for an informational session to begin discussion of S.62, the K-12 education lottery scholarship bill, but did not take any votes. The committee chair said the goal is to move the measure quickly to the Senate floor, possibly in the first week of session, and called staff to summarize the litigation and the bill’s proposed changes.

The committee staff research director, Donna Barton, told members the bill was drafted in response to a South Carolina Supreme Court challenge (filed Sept. 11, 2024) to the Education Scholarship Trust Fund (ESTF). Barton said the court’s majority concluded the ESTF “was not a true trust fund and therefore it maintained its public fund nature” and struck portions of the act that would have benefited independent schools. Barton summarized the draft S.62 as rewriting the ESTF structure to address those concerns by changing the funding source and tightening certain provisions.

Why it matters: committee members said the issue is urgent because families and students are already enrolled in programs affected by the court ruling and face uncertainty. The bill’s sponsors say S.62 is intended to remove constitutional questions identified by the court while preserving support for eligible students.

Major elements summarized by staff

• Funding shift: Barton said S.62 directs appropriations to a K‑12 education lottery scholarship account and directs the treasurer to transfer money from the South…