CHARLESTON — An order was granted in Kanawha Circuit Court enjoining the state from implementing the Hope Scholarship program.
In her July 22 order, Circuit Judge Joanna Tabit wrote that because private schools cost more than the Hope Scholarship amounts and there are many other expenses outside of tuition that families must cover, vouchers can only be used by families with the resources to pay the additional private school tuition and costs.
"As a result, the public schools will have fewer funds to educate a higher proportion of students with the most significant needs—including students from low-income families and students with disabilities—who are among the most expensive to educate," Tabit wrote.
Tabit wrote that the Constitution requires the state to raise revenue for, fund and maintain only a thorough and efficient system of free schools supervised by the West Virginia Board of Education and the Hope Scholarship bill exceeds that and authorizes a separate system of education that is funded by taxpayer money but governed by a separate board.
Tabit wrote that public funds could only be used to fund public schools. She enjoined the state from implementing the program and denied the state's request to stay the injunction.
Last week, Attorney General Patrick Morrisey asked for a stay from the injunction, arguing that the money should still be available for students and their families this year.
"The lower court’s ruling undermining parents’ freedom to choose how they educate their children is legally wrong and deeply disappointing, and we are ready to appeal as soon as the lower court issues its written order confirming its ruling from nearly two weeks ago," Morrisey said.
Morrisey urged the appellate court to stay the decision so that the 3,000 West Virginia families who sought to participate in the program could receive the money the state Legislature intended for the upcoming school year.
The Hope Scholarship program would provide money to students who left the public school system and give them $4,200 each to go toward private school tuition or to be used for other school purposes.
Earlier this month, the state education department argued the money incentivized people to leave public schools, which would reduce school funding, teachers and staff.
Kanawha Circuit Court case number: 22-P-24