§ 21-2-909 — Legal proceedings

(a) No liability shall arise on the part of the state
superintendent of public instruction or the state or any public
school or school district based on the award of or use of an ESA
pursuant to this act.
(b) In any legal proceeding challenging the application of
this act or rule adopted under this act to an education service
provider, the state bears the burden of proof to establish that
the law is necessary and does not impose any undue burden on the
education service provider.
(c) If any part of this act is challenged in a state court
as violating either the state or federal constitutions, parents
of eligible students and parents of ESA students shall be
permitted to intervene in any lawsuit for the purposes of
defending the ESA program's constitutionality.
(d) If any provision of this act or its application to an
individual or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this act which
can be given effect without the invalid provision or
application, and to this end the provisions of this act are
severable.