(The Daily Signal) – South Carolina’s school choice program faced a crushing setback when the state’s Supreme Court ruled it unconstitutional after hundreds of students had already started classes at new schools. However, a grassroots response has emerged to help families affected by the ruling and to renew legislative efforts to restore educational freedom in the state.

On May 4, 2023, Gov. Henry McMaster signed into law South Carolina’s first ever Education Scholarship Account program—a bold initiative to provide low-income families with access to the educational options they desperately needed. For thousands of students, this was more than a policy win—it was a lifeline.

In the first year, up to 5,000 students would finally have the opportunity to learn in an environment where they could thrive, free from the limitations of a one-size-fits-all system.

Then came the blow.

In September 2024, the South Carolina Supreme Court struck down the program mid-year, declaring it unconstitutional based on a lawsuit filed by the National Education Association and the NAACP.

No warning. No transition. Just a sudden, sweeping decision that pulled the rug out from under more than 800 students who were already six weeks into the school year in their new schools.

I don’t believe for a moment that the timing was coincidental. The court held that decision for six long months—until after the school year had begun—causing maximum disruption and heartache. In my view, it was a calculated move to inflict fear and frustration among families and schools and to do long-term damage to the school choice movement in South Carolina.

We couldn’t let them win.

At Palmetto Promise Institute, we stepped in—because that’s what we do. We launched the ESA Rescue Fund, a mission-driven initiative to bridge the gap for these students and protect the future of educational freedom in our state.

A Statewide Crisis

These children had been placed in schools that finally met their individual needs. Many had learning differences or had experienced bullying or trauma in their previous schools. Families had made hard choices to enroll their kids in a better environment, based on a promise from the state. When that promise was broken, they were left scrambling. And the small schools that welcomed them—many operating on razor-thin budgets—were suddenly forced to absorb unexpected losses.

The ruling didn’t just threaten these kids’ immediate education—it threatened the entire school choice ecosystem. If education providers and families lose faith in the system, there’s a high likelihood they’ll be reluctant to participate again—even if the program is restored.

That’s exactly what opponents of school choice wanted. But they made a mistake, because their actions have made families and lawmakers even more determined to make school choice a reality in South Carolina.

A Groundswell of Generosity

Something remarkable happened.

Within weeks of the court’s decision, people from across the country began stepping up to help.

The first was businessman and school choice champion Jeff Yass, who contributed an astounding $900,000 to help me launch the ESA Rescue Fund. I was humbled by his immediate belief in what we were trying to do.

Since then, incredibly generous people from across the country have joined in. Most recently, we received a $250,000 donation from former Education Secretary Betsy DeVos and the Dick & Betsy DeVos Foundation. Her long-standing commitment to educational freedom continues to inspire action nationwide.

Thanks to these gifts—and many more—we’ve now raised $2.5 million of our $3 million goal to keep these children in school through the end of the 2024–25 academic year.

We are nearly there.

Hope on the Horizon

There is reason for renewed hope.

Since the ruling, the makeup of the South Carolina Supreme Court has changed—and with it, the legal landscape. The ruling that overturned the Education Scholarship Account program was, in many ways, the last gasp of a judicial philosophy stuck in the past. Reforms passed in the last state legislative session have paved the way for a court more aligned with constitutional principles and common sense.

Even more encouraging, Senate Bill 39, a bill to revive and expand the program, has passed both chambers of the General Assembly with overwhelming support, and the two chambers are now ironing out their differences.

Lawmakers have spoken: School choice is not going away—it’s moving forward.

But while the legal and legislative battles play out, the children affected by this ruling cannot wait. Their futures are on the line right now.

Standing in the Gap

This is not just about policy. It’s about people. Every dollar we’ve raised represents a real child with a real story—stories of hope, courage, and the life-changing impact of educational opportunity.

To fully fund the ESA Rescue Fund and ensure that not one child is forced to leave his or her school, we still need to raise another $500,000.

To learn how you can help, please visit us at palmettopromise.org.

This was never just about a court ruling. It was about whether South Carolina families could be bullied into silence and submission. Thanks to the resolve of ESA Rescue Fund donors, South Carolina lawmakers, and most of all, the parents, students, and schools who refused to give up, we are proving the answer is no, we won’t be bullied.

We are not backing down. We are not going away. And we are not done yet.

We publish a variety of perspectives. Nothing written here is to be construed as representing the views of The Daily Signal.