§ 59-8-110 — Definitions.

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 a 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 school 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) 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 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 five hundred percent of the federal poverty guidelines. "Eligible student" does not include students participating in the Educational Credit for Exceptional Needs Children's Fund program, as provided in Section 12-6-3790 or a student who is not subject to the compulsory attendance requirements of Section 59-65-10. (5) "IDEA" means the Individuals with Disabilities Education Act found in 20 U.S.C. Section 1400, et seq. (6) "Parent" means a resident of this State who is the natural or adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of an eligible student. (7) "Education service provider" means a person or organization approved by the department that receives payments from ESTF to provide educational goods and services to scholarship students. (8) "Program" means the ESTF program created by this chapter. (9) "Resident school" means the public school in which the student is zoned for attendance. (10) "Scholarship" means education funding allocated from an account established pursuant to this chapter. (11) "Scholarship student" means an eligible student who is participating in the Education Scholarship Trust Fund program. (12) "Substantial misuse" means wilfully and knowingly receiving or spending any portion of a scholarship for any purpose other than a qualifying expense. (13) "Trustee" means the individual or entity appointed by the State Superintendent of Education pursuant to Section 59-8-120(A)(2). (14) "Qualifying expense" means: (a) tuition and fees for attendance at an education service provider or eligible school; (b) textbooks, curriculum, or other instructional materials including, but not limited to, any supplemental materials or associated online instruction required by either a curriculum or an education service provider; (c) tutoring services approved by the department; (d) computer hardware or other technological devices that are used primarily for a scholarship student's educational needs and approved by the department or a licensed physician; (e) tuition and fees for an approved online education service provider or course; (f) fees for approved: (1) national norm-referenced examinations, advanced placement examinations, or similar assessments; (2) industry certification exams; or (3) examinations related to college or university admission; (g) educational services for pupils with disabilities from a licensed or accredited practitioner or provider including, but not limited to, occupational, behavioral, physical, and speech-language therapies; (h) approved contracted services from a public school district, or a public charter school including individual classes, after school tutoring services, transportation, or fees or costs associated with participation in extracurricular activities; (i) contracted teaching services and education classes approved by the department; (j) fees for transportation paid to a fee-for-service transportation provider for the scholarship student to travel to and from an eligible provider as defined in this section, but not to exceed three thousand dollars for each school year; (k) fees for interdistrict public school transfers; (l) cost of school uniforms which are required for attendance; (m) any consumables and items necessary to complete a curriculum or that are otherwise applicable to a course of study that has been approved by the department; or (n) any other educational expense approved by the department to enable personalized learning consistent with the intent of this act. A qualifying expense does not mean a duplicate service already offered as part of a student's enrollment in school.

Legislative History

HISTORY: 2023 Act No. 8 (S.39), SECTION 1, eff June 3, 2023; 2025 Act No. 11 (S.62), SECTION 1, eff May 7, 2025. Validity For the validity of a prior version of this section, see Eidson v. South Carolina Department of Education, 906 S.E.2d 345, 444 S.C. 166 (2024). Editor's Note 2023 Act No. 8, SECTION 3, provides as follows: "SECTION 3. This act takes effect thirty days after approval by the Governor, provided that upon approval of this act by the Governor, the Department of Education shall begin undertaking and executing responsibilities incidental to the implementation of this act so that the provisions of this act may be fully implemented thirty days after approval by the Governor." 2025 Act No. 11, SECTION 16, provides as follows: "SECTION 16. This act takes effect upon approval by the Governor. Current eligible participants may continue receiving benefits under the Education Scholarship Trust Fund, until the end of the 2024-2025 School Year." Effect of Amendment 2025 Act No. 11, SECTION 1, rewrote the definitions for "Eligible school", "Eligible student", "Resident school", and "Qualifying expense", and inserted the definition for "Trustee".