CHARLESTON — The West Virginia Intermediate Court of Appeals has denied a motion to stay a circuit court ruling that has put the state’s Hope Scholarship Act on hold.
The court issued its ruling denying the state’s motion to stay the preliminary and injunctive relief August 2, and Attorney General Patrick Morrisey said shortly afterward his office would continue to fight for the law, which would provide money for educational expenses, including tuition and fees at participating private schools and other extracurricular activities.
Morrisey’s office filed its appeal last week, saying Kanawha Circuit Court Judge Joanna Tabit’s “injunction will irreparably injure the public, including more than 3,000 students already approved for scholarships.”
Morrisey
ICA Chief Judge Dan Greear had recused himself from the case because of his involvement in the creation of the act when he was chief counsel for the state Senate. Judge Jennifer Dent sat by temporary assignment. ICA Judge Charles Lorensen would have granted the stay.
“It’s disappointing the Intermediate Court did not see that the lower court’s injunction will undermine the fundamental freedom of parents to choose the best education for their children,” Morrisey said. “The thousands of families who are set to receive scholarship money from the act will now be in limbo trying to figure out what’s going to happen to their children’s education.
“This is an important law that will benefit hard working families, and my office will continue to fight to retain this law. We will now proceed and move to our next legal options—where we believe we should be successful.”
The Legislature passed and Gov. Jim Justice signed the act last year.
Last month, Tabit enjoined the state from implementing the program, saying it, among other things, violates a provision of the state Constitution that requires the state to provide a thorough and efficient system of free public schools supervised by the state Board of Education. She also said the act exceeds that and authorizes a separate system of education that is funded by taxpayer money but governed by a separate board.
Morrisey has said the act would “give parents the right to choose the education they see fit for their children.”
In her July 22 order, 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.
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 said the money incentivized people to leave public schools, which would reduce school funding, teachers and staff.
West Virginia Intermediate Court of Appeals case number 22-ICA-1 (Kanawha Circuit Court case numbers 22-P-24 and 22-P-26)