A judge has yet to rule if covid-19 relief can go to Lexington County private schools.

South Carolina was awarded $48 million under the federal Corona virus Aid, Relief, and Economic Security (CARES) Act.

Gov. Henry McMaster announced 66% of the money would go to Safe Access to Flexible Education (SAFE) grants.

The 1-time, needs-based grants of up to $6,500 would subsidize the 2020- 21 tuition for eligible students at participating SC private, parochial or inde pendent schools.

Public school advocates have questioned the legality of McMaster’s decision.

Dr. Tomasena Adams of Orangeburg was granted a temporary restraining order to stop the private school funding.

Adams and her lawyer claim, “SAFE Grants go against Title XI, Section 4 of the South Carolina Constitution that states ‘No money shall be paid from public funds nor shall the credit of the State or any of its political subdivisions be used for the direct benefit of any religious or other private educational institution.’”

The Palmetto State Teachers Association has filed an amicus curiae brief in support of the case.

McMaster’s attorneys countered that the complaint is merely a political debate that should be left for legislators and voters to consider with no legal basis for a court to intervene.

In South Carolina:

• 426 private schools will serve 66,013 students for the 2020-2021 school year.

• Of those, 77%, or 328 schools, are religiously affiliated, most commonly Christian.

• Minority enrollment is 13% at private schools.

• Public schools will serve 776,779 students for 2020- 2021.

• Minority enrollment is 49% at public schools.

The SC Parent Teacher Association says the $32 million could instead buy electronic learning devices for 100,000 students, install 1,600 miles of fiber optics, or buy $45 in supplies for 700,000 public school students.

Orangeburg County Circuit Court Judge Edgar Dickson, who granted the restraining order, has not yet said when he will rule on the case.