South Carolina S 62: Education Scholarship Trust Fund

Bill Text

2025-2026 Bill 62 Text of Previous Version (Apr. 29, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 62

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

House Amendments Amended

April 16, 2025

S. 62

Introduced 
by Senators Hembree, Rice and Grooms 

S. Printed 4/16/25--S.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 59-8-110, RELATING TO DEFINITIONS, SO AS TO DEFINE NECESSARY TERMS; BY 
AMENDING SECTION 59-8-115, RELATING TO THE STANDARD APPLICATION PROCESS, SO AS 
TO PROVIDE REQUIREMENTS FOR STUDENTS AND SCHOOLS SEEKING TO PARTICIPATE IN THE 
PROGRAM; BY AMENDING SECTION 59-8-120, RELATING TO ADMINISTRATION OF the FUND, 
SO AS TO PROVIDE FOR THE ADMINISTRATION OF THE K-12 EDUCATION LOTTERY 
SCHOLARSHIP; BY AMENDING SECTION 59-8-125, RELATING TO FUNDS TO CREATE, 
OVERSEE, AND ADMINISTER PROGRAM, SUSPENSION OF ACCOUNTS, UNUSED FUNDS, AND 
TERMINATION OF SCHOLARSHIPS, SO AS TO APPROPRIATE FUNDS FOR THE SCHOLARSHIP 
PROGRAM FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT; BY AMENDING SECTION 
59-8-130, RELATING TO TERMINATION OF SCHOLARSHIP STUDENTS' PROGRAMs; and 
NOTIFICATION, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 59-8-135, 
RELATING TO LIMITATIONS ON SCHOLARSHIPS, SO AS TO PROVIDE LIMITATIONS ON THE 
NUMBER OF SCHOLARSHIPS THAT MAY BE AWARDED; BY AMENDING SECTION 59-8-140, 
RELATING TO THE APPLICATION APPROVAL PROCESS FOR EDUCATION SERVICE PROVIDERS, 
SO AS TO PROVIDE THAT AN EDUCATION SERVICE PROVIDER MUST CERTIFY ANNUALLY TO 
THE DEPARTMENT THAT IT MEETS ALL PROGRAM REQUIREMENTS; BY AMENDING SECTION 
59-8-145, RELATING TO PROCEDURES TO INFORM STUDENTS AND THEIR PARENTS OF 
ELIGIBILITY AND APPROVED EDUCATION SERVICE PROVIDERS, SO AS TO MAKE CONFORMING 
CHANGES; BY AMENDING SECTION 59-8-150, RELATING TO REQUIREMENTS FOR EDUCATION 
SERVICE PROVIDERS, DEPARTMENT, AND EDUCATION OVERSIGHT COMMITTEE, SO AS TO 
PROVIDE THAT THE SURETY BOND IS REQUIRED OF EDUCATION SERVICE PROVIDERS WHO 
EXCEED FIFTY THOUSAND DOLLARS IN QUALIFYING EXPENSES AND TO MAKE CONFORMING 
CHANGES; BY AMENDING SECTION 59-8-160, RELATING TO THE K-12 Education Lottery 
Scholarship REVIEW PANEL, SO AS TO PROVIDE FOR ITS COMPOSITION AND PURPOSES; BY 
AMENDING SECTION 59-8-165, RELATING TO STUDENT TRANSFER POLICY, SO AS TO 
CLARIFY STUDENT TRANSFER REQUIREMENTS; BY AMENDING SECTION 59-8-170, RELATING 
TO IMMEDIATE PARTICIPATION IN A SPORT BY A TRANSFER SCHOLARSHIP STUDENT, SO AS 
TO MAKE CONFORMING CHANGES; AND BY AMENDING SECTION 59-150-350, RELATING TO 
EDUCATION LOTTERY ACCOUNT MANAGEMENT, SO AS TO MAKE CONFORMING CHANGES.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 59-8-110 of the S.C. Code is amended to read:

 Section 
59-8-110. For purposes of this chapter:

 (1) "Department" 
means the South Carolina Department of Education.

 (2) "Education 
Scholarship Trust Fund," "ESTF," or "fund" means the individual account that is 
administered by the department to which funds are allocated to the parent of an 
eligible student to pay for qualifying expenses.

 (3) 
"Eligible school" means a South Carolina public school or ana nonprofit South Carolina independent 
school where a student is enrolled full time, that 
chooses to participate in the program. "Eligible school" does not include a charter schoolschool in which a 
member of the General Assembly or an immediate family member of a member of the 
General Assembly has any direct financial interest. For purposes of this 
section, "immediate family member" means as defined in Section 8-13-100(18). "Eligible school" does not include a charter school.

 (4) "Eligible 
student" means a student who:

 (a) 
is a resident of this State; and

 (b)(i) attended a public school in this State during the previous 
school year;

 (ii) had not yet attained the age of five on or before 
September first of the previous school year but who has attained the age of 
five on or before September of the current school year; or

 (iii) received a scholarship pursuant to this chapter for the 
previous school year; and

 (c)(i) in school year 2024-2025, has a household income that does 
not exceed two hundred percent of the federal poverty guidelines;

 (ii) in School Year 2025-2026, has a household income that 
does not exceed three hundred percent of the federal poverty guidelines; and

 (iii) in School Year 2026-2027 and all subsequent years, has a 
household income that does not exceed four hundred percent of the federal 
poverty guidelines.

 (b)(i) has attained at least the age of 
five on or before September first of the school year in which scholarship funds 
are awarded; 

 (ii) in 
School Year 2025-2026, has a household income that does not