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Written by Jennifer Rainville, Education Policy Attorney at SC Appleseed Legal Justice Center
In today’s blog, Jennifer looks at the differences between private and public education and the concerns around funding private education. Visit our first blog about Title I schools to learn more about the Department of Education and the work they do.
South Carolina has passed several laws over the last couple of years that have diverted public school funds to private schools. These programs have been called a variety of things over the years, from vouchers to educational trust funds to educational savings accounts. These programs have the same goal; they are an attempt to privatize public education and reduce or eliminate funding for public schools. The legislative agendas for the next legislative session list these programs as a priority.
It’s important to note that the last version of this law was struck down by our Supreme Court because we have a clause in the South Carolina 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.”
This clause is the only thing that has prevented this law from being enacted in South Carolina. It’s also important to note that we have new Supreme Court justices, since this decision. These justices are appointed by the legislature, so it is unclear how this issue will be decided in the future. It is also important to note that the incoming administration and Project 2025 document highly favor public school funding to private schools.
These public funds for private schools are pushed under the misleading idea of parental freedom or parental choice, and that private school programs are the best academic choice for children. The reality is that these programs that have been widely implemented in other states have actually led to regression in student performance, misuse of funds, the deprivation of student rights, and astronomical budget shortfalls in states like Arizona.
The Differences Between Public and Private Schools
Some of the public funding for private school funding promoters will call public schools “government” schools and private schools “Independent” schools – but don’t be confused by these misleading terms. Public schools are required to admit all children that live in their geographical area no matter who their parents are, the race or gender of the student, citizenship status, or income level of the student.
In addition to having to serve all students, public schools must hire trained teachers and must collect data on how students are performing and learning the standards that are established by the state. The other important thing about public schools is that they are controlled locally by a school board. Most school boards are elected, and parents can go to board meetings and speak out – or even run for school board. Likewise, parental involvement is encouraged by local public schools. Private schools make their own rules and are not required to have space for public input. The contract for private schools lays out the information that parents must accept and adhere to.
Public schools have set processes they must follow. If your student has a disability, the school must provide accommodations and potentially specialized instruction for that student (depending on their needs). If a student breaks the rules at school, there are certain due process rights that a student has that protects them from being kicked out of school. Private schools do not have to do any of that. In fact, private schools offer fewer choices and rights than public schools.
Did you know that there is a provision in South Carolina law where a public school district can refuse to enroll a student that has been expelled from another school? This includes private schools, where a student may have been wrongfully accused of misconduct, or did not have the services that they need for a disability or did not receive any due process protections before being expelled. This means that if a student is kicked out of a private school, their public school can refuse to re-enroll them until the term of expulsion is over.
Private schools do not have to accept or serve students with disabilities. They do not have to offer accommodations or specialized instruction for students with disabilities. Even if a private school claims to specialize in a specific disability like autism or dyslexia, they can decide that a student’s needs are too great and kick them out, or they may engage in harmful practices like restraint and seclusion because they do not have to follow guidance from the state.
Public schools in South Carolina provide free transportation to students (with some minor exceptions). They offer school meals, which are free to low-income students who qualify, and are a reflection of the community that students live in. If the school district requires school uniforms, there are programs designed to help low-income parents acquire the uniforms needed for school.
Private schools are not required to provide these support systems for lower income students. They often do the opposite, providing harsh restrictions of student’s freedoms to a quality education. Public schools are schools that are squarely built to support the academic futures of all students. Public schools anchor the American dream of working hard and getting a good education that allows any student to achieve any career they desire.
The Problem with Thousands of Dollars for Private Schooling
$6,000 has been the amount that the state legislature has allocated from public funds to use for private school funding last legislative session. Currently, we do not know what amount will be proposed this year. Whatever the amount, it certainly will not cover the tuition of most private schools in the state. The average cost of private school tuition across the state is around $8,230 for the 2024-2025 school year. One prestigious midlands area private school cost $21,960 a year for high school tuition. Another prominent catholic school costs $15,154 a year. Yes, there may be scholarship to fill in the gaps, but most middle class or low-income families are not going to be able to afford the difference in cost. There are also secondary items unique to private schools that will cost families financially in the long-term such as increased transportation costs, school meals, or even the cost of school uniforms.
Another factor to consider is that when a state provides public money to private schools, quality private schools will continue to be selective and may even get more selective. Additionally, tuition prices will likely increase because of increased demand. This means that families who are struggling to make ends meet would likely only be able to find a substandard private school, because remember, private schools are not regulated or authorized by the SC Department of Education.
Some rural areas of the state may not even have access to a private school and may have to travel away from their communities and into other counties to enroll in a private school. This is not sustainable for many low-income and working families.
Public funds for private schools are a deprivation of parental and student freedom. Thomas Jefferson believed that the only way that America would succeed is if our citizens were educated. One of the most amazing things about our country is the notion that we are not restricted to the circumstance we are born into. Education can be a way to improve the prosperity of all families. Public funding for private schools is nothing more than a fancy marketing scheme designed to strip away the rights of parents and students in education.
Private schools are being amplified as the best academic solution for students, but the reality is their high costs and lack of regulation is a major concern for all students especially students in low-income households or students with disabilities. These private school programs deprive families of due process rights and protections and do not have to provide any benefits that they promise. In its current state, public funds for private schools is akin to predatory lending. It’s a bad deal for students, parents, and the economic future of our state.
Further reading: What is Title 1?
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