S62: A New Plan with the Same Cheese Bait – South Carolina’s K12 Education Lottery Scholarship Fund

S62: A New Plan with the Same Cheese Bait – South Carolina’s K12 Education Lottery Scholarship Fund

Published December 20, 2024

We’re kicking off our legislative watchdog efforts with Bill S62. So, grab a cup of coffee—this one’s bound to leave you scratching your head in confusion. And somewhere in that confusion, you might be asking yourself, why is this a bill our Republican General Assembly (GA) is pushing?

We’ve laid out in detail why codifying a program like this is a terrible mistake. First, it betrays conservative principles, especially the commitment to limited government. Second, it sets the stage for pulling all educational options under centralized government control. Third, it creates dependency on taxpayer-funded programs, guaranteeing the program will grow and drain even more resources. And here’s the truth—there’s no way to protect against these outcomes or the ripple effects they’ll cause. You can read our articles here.


Anyway, let’s begin.

Our GA is going to try again. In September, the South Carolina Supreme Court struck down the school choice program under S39 as unconstitutional. In fact, this makes strike three because the SC Supreme Court (doing their job correctly) struck down school choice laws twice before. 

You’d think three strikes would mean you’re out. Yet, here we are again. By the way, every time the GA pushes an unconstitutional bill, it wastes our tax dollars.

Introducing S62—“Cheese Bait” Bill.

Our GA—our Republican majority—is back at it, with a revamped version of the same government-controlled school choice program, now disguised under a shiny new name, the K-12 Education Lottery Scholarship Fund.

Or, as we like to call it, another slice of cheese bait.

And just in case this revamped attempt hits the same legal wall, they’re working on repealing the Blaine Amendment to secure its success. Because that pesky Blaine Amendment keeps getting in the way of their efforts to embed yet another government program. Darn that thing.

If you want to read about the S39 fiasco and the Republican effort to pass this government redistribution scheme, click here.

Let’s Break Down This Revamp

S62

First, they gave it a new name, the K-12 Education Lottery Scholarship Fund. Next, they pitched a “new” funding idea, but spoiler alert—it’s still public funds at its core. This time around, they’re pulling money from the Education Lottery Account—the same fund that provides scholarships for South Carolina colleges. Hmm, confusing, isn’t it?

So, let’s ask the question any conservative should–Who’s paying for this? Answer: The public.

New Funding Idea

The funding source will be the Education Lottery Account, a change from the previous mechanisms in S39.

Section 59-8-120(C) states:

"The State Treasurer shall transfer ... an amount equal to the average per-pupil funding from state sources for the prior academic year as provided by the Office of Revenue and Fiscal Affairs to the K-12 Education Lottery Scholarship Fund."

While lottery proceeds are generated through ticket sales, these funds are public money once deposited into the Education Lottery Account. The General Assembly controls how these funds are appropriated, making them public funds for government programs.

Government Control Over Education Freedom

From the very start, the bill lays out exactly who will control every inch of this program:

“Department” means the South Carolina Department of Education.”

The Department of Education will decide:

  • Who qualifies as an eligible student.

  • Which education providers are approved.

  • How the funds are spent.

  • Oh yes, and “wellness checks” for students.

More on those checks later.

Easier Access, Greater Government Power

The bill loosens eligibility requirements over time, increasing income limits to:

  • 200% of FPG in 2024-2025,

  • 300% of FPG in 2025-2026,

  • 400% of FPG in 2026-2027,

  • And ultimately 600% of FPG in subsequent years.

At first glance, you might think this is great. But pause and think critically:

Are they making it easier for families to hand over their educational freedom to the government?

And let’s be honest—this bill will go through the legislative sausage-making factory. Eligibility will shift, funding will balloon, and the bill will morph into something worse before it’s done. And homeschooling parents—watch closely. Make sure lawmakers don’t throw you into this mess.

What’s Wrong With Bill S62?

At its core, this is just another government program, built on the redistribution of hard-earned taxpayer money.

RED FLAGS

Who Approves “Education Service Providers”? The Department decides:

"Education service provider” means a person or organization approved by the department.

Translation? Bureaucrats will pick and choose winners—and you’ll fund it.

What Counts as a “Qualifying Expense”?

From computers and online services to transportation and therapies, the bill includes a broad range of expenses. This wide scope, combined with limited cost controls, means program expenses are bound to skyrocket.

Nah, this won’t lead to abuse of funds. I’m sure everyone will use this money for its intended purpose.

S62-Qualify Expense

Yuk! Parents Must Agree!

S62

Parents must "annually attest" to a laundry list of Department-dictated requirements, including:

  • Assessment testing,

  • Data collection,

  • Adherence to Department-approved providers, and

  • Wellness checks for students participating in online programs.

Yes, you read that right: WELLNESS CHECKS.

If you choose an online provider, your child must agree to in-person WELLNESS check-ins.


Conclusion: S62, Same Cheese Inside This Trap

At the end of the day, Bill S62 is a repackaged version of S39—a program found unconstitutional just months ago. It’s still redistribution. It’s still government-controlled education. And it comes with a healthy dose of wellness checks, mandatory data collection, and red tape.

Plus, this bill will change as it goes through the legislative process, so Homeschoolers beware—you don’t want to be pulled into this trap.

South Carolinians should ask themselves the following question.

Do we really want to fund another goverment program where the government decides eligibility, controls education providers, collects data, and monitors your child’s well-being?


Take Action: Stop Bill S62

On January 8, 2025, the Senate Education Subcommittee will hear S62, and the full committee will follow soon after—before the legislative session even starts.

Here is the contact information for the members of the South Carolina Senate Education Committee.


What You Need to Know

No Public Testimony Allowed: Lawmakers are shutting you out.

Growing Government: This bill expands state control, adds endless regulations, and creates dependency.

Still Using Public Funds: Lottery money is still public money. This is nothing but a workaround for what was ruled unconstitutional.

✅ It’s a redistribution of wealth.

Government Rules and Wellness Checks: Families and providers must comply with strict government oversight, including mandatory wellness checks.

Repealing the Blaine Amendment: Lawmakers also want to remove protections that prevent public funds from flowing into private schools—one of the last safeguards against government overreach.


Real Conservatives Stand For:

  • Limited government

  • Individual responsibility

  • Protecting taxpayers


What You Can Do:

  1. Contact Your Legislators: Tell them South Carolina doesn’t need more government control.

  2. Share This Message: Spread the word and let others know what’s happening.

The government ruined public education—now they’re coming for private schools and soon homeschooling.

Stand up now. Your voice matters.


Disclaimer: The views expressed in this article are those of the author and do not constitute legal or professional advice. ConservaTruth assumes no liability for any actions taken based on this content. Read more.


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