Giving up can be understandable—even rational. But those who refuse to are the ones that change the world.

When the South Carolina Supreme Court struck down the state’s newly implemented Education Savings Account (ESA) program just a few weeks into the school year, it would have made sense for school choice advocates to regroup and try again in a few years.

But the Palmetto Promise Institute didn’t see it that way.

Palmetto refused to let a flawed ruling jeopardize thousands of students’ educations. So their team quickly focused on not only ensuring students weren’t forced to leave their schools, but making sure the state’s ESA program would survive and thrive.

Passing school choice

In 2023, thanks in large part to Palmetto Promise’s research and advocacy, South Carolina Governor Henry McMaster signed the Education Scholarship Trust Fund (ESTF) Program into law. The program provided low- and moderate-income families with up to $6,000 per eligible student, per school year. Families could use these funds towards education-related expenses like after-school tutoring, special needs accommodations, and qualifying school tuition and fees.

Because of the overwhelming response to the program—and the fact that a clear majority of South Carolina voters support universal ESAs—the state expanded it in 2024 to award more students scholarships with fewer restrictions and limitations.

Universal ESAs give students the opportunity to attend higher-quality schools that better serve their needs. Over 2,800 low and moderate-income students received ESTF scholarships for 2024/25. But just weeks into the school year, those students’ families received gut-wrenching news.

After the ESTF program was signed into law, the South Carolina teachers’ union petitioned the state Supreme Court to prevent it from going into effect and helping students. The tired and flawed arguments of the union weren’t surprising. Anti-choice advocates routinely favor trapping students in their local public school, regardless of how the schools are serving students.

What was surprising was the Court’s ruling.

In short, the state Supreme Court ruled that the ESTF program violated the state’s constitution because ESTF funds could potentially fund private schools. The Court issued this ruling despite numerous other state Supreme Courts ruling that there are no constitutional problems with ESA programs. The Court’s ruling also made no sense since state-run Pre-K and college scholarship programs can be used for private schools with no problem.

With one flawed ruling, the state Supreme Court put thousands of students’ educations and futures in jeopardy.

This is when Palmetto’s team really got to work.

Refusing to lose

Within days of the Court’s ruling, the Palmetto team mobilized.

To show how this ruling was more than just a legal or policy debate, they traveled to every corner of the state, gathering video testimonials from affected kids and parents. These testimonials were the central pillar of a petition drive directed at the legislature to address this issue.

The work that Palmetto needed to do would cross the line into advocacy, so Palmetto formed a new 501(c)(4), Palmetto Promise Impact. This enabled their team to fight more effectively for a legislative solution.

Even though Palmetto had a proven legislative track record, politics and policymaking can be slow work. Families relying on ESTF funds needed solutions immediately. So, Palmetto created the Palmetto Promise ESA Families Rescue Fund to raise private funds to supplement the ESTF.

Palmetto raised $2.5 million in private donations—more than four times Palmetto Promise’s annual budget—to keep children in their new schools.

Then, once ESTF families were secure in their schools, the Palmetto team got to work ensuring school choice would live on in the state.

During the 2025 legislative session, Palmetto met with lawmakers, brought families to hearings, and submitted over 70 pages of written testimonials from families whose children were already thriving in the program. Through Palmetto Promise Impact, they ran media and digital campaigns and hosted weekly strategy calls with the Department of Education. Palmetto also kept families and schools updated on the legislative progress through their dedicated website, scschoolchoice.com. That site became a hub for eligibility tools, FAQs, and timely updates.

The culmination of all this work was the passage of Act 11.

Coming back stronger

Act 11 was more than just a fix; it was a transformation of school choice in South Carolina. The law implements a new ESA program that’s broader, stronger, and built to last. Many of the restrictions of the ESTF have been lifted and the “pilot program” label is gone. Also, to prevent a court case from throwing families into limbo again, Act 11 addressed all the Supreme Court’s concerns.

The new ESA program offers more and bigger scholarships than the ESTF. Now, students can receive up to $7,500 and the program will be open to 85% of South Carolina students in its second year. For the upcoming school year, families at or below 300% of the federal poverty line (a family of four earning $96,450) can qualify. The following year, the limit increases to 500% of the poverty level (a family of four earning $160,750).

Act 11 requires 10,000 scholarships to be available for 2025-26, and at least 15,000 scholarships each year after that. The legislature can increase the scholarships based on demand.

For the 2025/26 school year, 5,000 scholarships were available, and 2,900 students were approved. Now, with the expanded and improved legislation, more families will benefit from a robust, growing, and permanent program. For their work in passing the initial ESTF program, and quickly jumping into action to save students thrown into limbo by the Court, the Palmetto Promise Institute is the winner of the 2025 SPN Bob Williams Award for Biggest Win for Freedom.

When the state Supreme Court issued a death blow to the ESTF program, the Palmetto Promise Institute team easily could have given up. They could have lamented a flawed Court decision and taken a measured and incremental approach to eventually restoring school choice in their state. But those familiar with Palmetto know that was never really an option. They refused to let the Court deprive students of a quality education. Palmetto Promise not only restored school choice in South Carolina, they cemented and strengthened it for years to come.