West Virginia Attorney General Patrick Morrisey has filed an opening brief asking the state Supreme Court of Appeals to dissolve the permanent injunction against the Hope Scholarship Act and remand the case back to Kanawha County Circuit Court for dismissal.
“The decision by a Kanawha Circuit Court judge is flawed in many ways and only does one thing: render harm to the thousands of families set to receive funds from the Act,” Attorney General Morrisey said. “This is about the rights of those parents to choose the best possible education for their children, and the Act is a vehicle to make that happen.”
According to the Attorney General’s filing, the Act, which the Legislature passed and the Governor signed into law in 2021, “sought to open more doors for our State’s most vulnerable population—our children.” It provides money for students leaving the public schools system—the scholarship allows families to use the funding for a variety of expenses, including tuition and fees at participating private schools and other educational activities.
The Act “did not draw a cent from the School Fund or take anything from appropriations reserved for public education,” the Attorney General wrote.
He added the circuit court “straightjacketed the Legislature on education matters, barring it from spending state funds on any educational initiative beyond traditional public schools.”
“Parents and children deserve the chance to enjoy the opportunities the Hope Scholarship Act offers,” Attorney General Morrisey said.
The Supreme Court scheduled an expedited hearing on the state’s appeal at 11:30 a.m. on Oct. 4.
Bishop Mark E. Brennan, bishop of the Diocese of Wheeling-Charleston, yes.every kid.Foundation, Americans for Prosperity Foundation, EdChoice, Foundation for Excellence in Education, Cardinal Institute for West Virginia Inc., Catholic Education Partners Foundation and Goldwater Institute have filed amicus briefs in support of the state’s appeal.
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