WV Supreme Court overturns school choice ban

(The Center Square) – A temporary injunction that blocked West Virginia from implementing a school choice program is no longer in effect, per a decision from the state Supreme Court of Appeals on…

(The Center Square) – A temporary injunction that blocked West Virginia from implementing a school choice program is no longer in effect, per a decision from the state Supreme Court of Appeals on Thursday.

The court overturned the Kanawha County Circuit Court’s injunction, which had prevented the Hope Scholarship Program from going into effect. The Supreme Court of Appeals made its decision only two days after oral arguments. The court did not issue a full detailed opinion, but wrote in the order that it will release one at a later date.

“Acting without undue delay given the nature of the constitutional matters at issue and the need to resolve the appeal in an expedited manner, the Court issues its decision by this order with a detailed opinion to follow,” the court ruled.

Attorney General Patrick Morrisey, who defended the program in front of the court, said the ruling is a victory for families.

“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,” Morrisey said in a statement. “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. Today’s win will make an incredible difference for thousands of families across the State—the Hope Scholarship Act opens more doors for West Virginia 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.”

Prior to the injunction, 3,146 children had already been enrolled in the program. The program sets up education savings accounts, which allow parents to use public money to offset costs related to private education or homeschooling. Parents can be approved for up to $4,600 per year, which is money that would have otherwise been spent on the child’s public education.