CHARLESTON — The West Virginia Supreme Court of Appeals issued a decision to reverse an injunction against the Hope Scholarship Act on Thursday.
"Today’s order is a tremendous victory for the hard-working families across West Virginia who deserve increased options for their children’s individual educational needs," Attorney General Patrick Morrisey said. "It has always been my goal to help make our State first in the nation when it comes to educational opportunities for West Virginia’s kids."
Morrisey said the win will make a difference for thousands of families in West Virginia through the Hope Scholarship Act, as it will open more doors for students while leaving public schools with the funding and other resources they need to remain strong.
"I’m proud of our office’s work to defend this important program and the rule of law," Morrisey said.
The Attorney General’s Office presented oral argument before the Supreme Court on Oct. 4 and the Supreme Court issued an expedited order "given the nature of the constitutional matters at issue and the need to resolve the appeal in an expedited manner."
The Supreme Court's order dissolved an injunction and reversed the order that the Kanawha Circuit Court from July, which had put a temporary stop to the Hope Scholarship program.
State Treasurer Riley Moore also applauded the decision of the state Supreme Court.
"This is a victory for West Virginia families over the out-of-state trial lawyers and liberal activists who are trying to block educational freedom and school choice for the children of our state," Moore said. "The Hope Scholarship will provide families – particularly those with low incomes – the ability to pursue educational opportunities that best suit their children."
Moore said he was grateful the state Supreme Court acted quickly to hand down their decision.
"Effective immediately, this program is back up and running to serve the people of this state and provide the educational options they need," Moore said.
Moore, who serves as chairman of the Hope Scholarship Board, said the board will meet soon to resolve any issues and begin administration of the program.
Senate President Craig Blair (R-Berkeley) thanked the Supreme Court for its work.
"On behalf of the entire majority caucus, we thank the court for their careful consideration of a matter that affects so many West Virginia families," Blair said. "We believe that all children in West Virginia deserve the best education that meets their individual needs, and that parents should have the right to all educational options."
The Hope Scholarship Act was passed into law in 2021 and provides money for a variety of educational expenses, such as tuition and fees for participating private schools and other educational activities. It is not a voucher program.
West Virginia Supreme Court of Appeals case number: 22-616
