id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
iiclr-26258	Sakmar Szczechowski, Victoria	The Case for School Choice Given the Absence of a Fundamental Right to Education: Learning from the European Experience	2022	28	.pdf	application/pdf	12867	609	54	[Vol. 32:163 students.149 However, a South Carolina state court enjoined Governor McMaster from executing his voucher spending plan, finding that it unconstitutionally provides public aid to religious institutions.150 The Court’s decision illustrates the harmful effect of Blaine amendments on voucher programs, constituting a barrier to empowering economically disadvantaged families.151 Given that the South Carolina Supreme Court held in 1971 that providing public funds to children to attend private schools violated the state constitution’s Blaine Amendment, it would take a redefinition of the Blaine Amendment’s direct benefit test (as was the case in Indiana) or a repeal of the provision entirely in order for South Carolina to establish a voucher program.152 Since “[m]any smaller private schools with large campuses or big buildings have the ability and resources to spread students out in classrooms,” allowing more students to enroll in private school amidst the pandemic could have benefitted both voucher-awarded students as well as public school students, who possibly could have returned to in-person learning with fewer classmates.153 States without legal hindrances to vouchers should prioritize student health, safety, and learning outcomes by enabling their use to combat the devastating effects of COVID-19. As used in this Note, “school choice” broadly refers to the provision of public funds directly to students who may use the funding at the school of their choice, including private schools.4 Many students are able to exercise “traditional school choice,” which refers to a child’s ability to attend a private school or a particular public school due to their family’s own financial means, whether that be through funding private school tuition or moving to an area with high-quality public schools.	cache/iiclr-26258.pdf	txt/iiclr-26258.txt