The proposed bill H. 3811 aims to amend the South Carolina Code of Laws by introducing Section 12-6-3830, which establishes a refundable income tax credit for taxpayers with children attending qualifying private schools, parochial schools, or home schools for grades K-12. The credit is set at either $7,000 or the actual cost of tuition for private or parochial schools, whichever is lower. To qualify, schools must meet specific criteria, including providing an affidavit of K-12 status, being able to enroll students, and making financial records available to families. Additionally, taxpayers claiming this credit cannot also claim the exceptional needs tax credit in the same tax year, and eligibility is restricted for those whose children attended public school for more than 44 days in the current tax year.

The bill also includes provisions for enforcement and compliance, allowing parents to assert violations in legal proceedings and seek compensatory damages, with a cap on noneconomic damages unless gross negligence or fraud is proven. The Attorney General is granted the authority to enforce compliance, and the Treasurer is tasked with issuing eligibility certificates for qualifying schools and maintaining a public list of these institutions. The bill will take effect upon the Governor's approval.

Statutes affected:
01/28/2025: 12-6-3830
Latest Version: 12-6-3830