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Court won’t allow public money to be spent on private schools in South Carolina

COLUMBIA, S.C. (AP) — South Carolina’s law allowing parents to spend taxpayer money on private schools violates the constitution, the state’s highest court ruled Wednesday.

The 3-2 ruling prohibits paying tuition or fees with “Education Scholarship Trust Funds,” but it does allow parents to use that money for indirect private expenses like tutoring, textbooks and other educational material.

Nearly 3,000 students have already been awarded $1,500 each under the program. It is unclear if they will have to give the money back because of the ruling. The case was argued before the high court in March, well before the money was distributed.

The South Carolina law is part of a nationwide movement. Groups that study the programs report that at least 16 states have some form of the vouchers.

The South Carolina case centered on part of the constitution that says “no money shall be paid from public funds nor shall the credit of the State or any of its political subdivisions be used for the direct benefit of any religious or other private educational institution.”

Lawyers who think the program is illegal said giving the private schools public money is a direct benefit even if the program allows students to pay fees or transportation to attend a public school outside of their district.

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