Senate Education Chairman Greg Hembree, R-Little River, talks at the podium Thursday, Jan. 25, 2024. He was a vocal opponent of the medical marijuana bill that passed the Senate Wednesday, Feb. 14, 2024. (Seanna Adcox/SC Daily Gazette)
COLUMBIA — South Carolinians who approved a state lottery 25 years ago were not giving legislators permission to use the profits to fund tuition for private K-12 schools.
That was Democrats’ leading argument Wednesday against legislation that would use lottery profits to reinstate private tuition payments ruled unconstitutional last September.
No vote was taken on the opening day of debate. Senators will resume their arguments Thursday.
During the 2000 campaign for a lottery benefiting education “there was absolutely, positively no mention of lottery dollars being used for private K-12 education,” said Sen. Ronnie Sabb, R-Greeleyville.
A quarter century later, voters are being hoodwinked, he said.
Senate Education Chairman Greg Hembree, the bill’s author, acknowledged the public debate over changing the state constitution to allow an education lottery never involved private K-12 schools. But that doesn’t mean the Legislature can’t use the revenue that way, he said.
The lack of specific promises during that campaign never stopped the Legislature before, he said.
While lottery supporters in 2000 focused on the ability to fund college scholarships, that’s not what the referendum said. What voters approved by a 54% majority broadly required that lottery revenue be “used only for education” but left the details to the Legislature.
“We’ve funded a lot of stuff out of that fund as sorta found money that wasn’t discussed,” Hembree said. “We’ve always been good about keeping a nexus with education, but at times, you can argue we’ve been aggressive. But it’s still generally going to education.”
Sabb couldn’t disagree with that.
Beyond college scholarships, items funded from the lottery include textbooks, school buses, and workforce training equipment at technical colleges.
But there’s been “nothing as close to being so controversial” as private school vouchers, Sabb said.
Republicans in both chambers have made resuming state aid for private K-12 scholarships a top priority after the state Supreme Court ruling halted tuition payments a month into the program’s first school year. A majority of justices found the payments violated the state constitution’s ban on public money directly benefiting private education.
Hembree’s bill seeks to get around that ban by funding the scholarships with lottery revenues rather than the general fund.
As written, it would provide $8,500 scholarships to up to 10,000 students next school year whose parents earn up to 300% above what federal guidelines set as the poverty level. The bill’s phase-in would expand eligibility to household incomes 600% above the poverty level in 2027, with a participation cap of 15,000 students.
However, Hembree promised to try to reset eligibility rules to give poorer children first dibs, saying they should be the focus.
His coming amendment would allow only 5,000 Medicaid-eligible students to qualify next school year, restarting the program with last year’s application rules and extending the expansion timetable.
There could be a slew of amendments taken up during the debate. Senators didn’t get to any Wednesday, which was officially about explaining the bill.
Senate Republicans contend using lottery revenue makes the program constitutional.
South Carolina students can use lottery-backed scholarships for the public or private college of their choosing. And the state Supreme Court has deemed that OK, Hembree noted.
“There is a long history of private education being paid for by lottery money,” he said. “This is not a new idea.”
But Democrats counter lottery money is still public money. And, since the only thing different about the program is the revenue source, it’s still unconstitutional. Senate Minority Leader Brad Hutto has said the state constitution’s ban applies only to K-12 schools, and that’s why private college scholarships are OK.
That will almost certainly be the basis of the next voucher lawsuit, should the Senate plan become law. The state Supreme Court would ultimately decide who’s right.
And, while the debate may continue for weeks, Democrats acknowledged Wednesday they expect it to pass in a chamber newly given a supermajority of Republicans.
“We do know how to count,” said Sen. Darrell Jackson, D-Hopkins. “At the end of the day, I don’t think there’s any doubt where this bill is going to end up.”