West Virginia Supreme Court overturns circuit court’s decision to block school choice program

By Joshua Q. Nelson via Fox News

The West Virginia Supreme Court overturned a circuit court’s decision to block a school choice program.

The West Virginia Supreme Court reversed a previous circuit court injunction on the Hope Scholarship Program, opening the door for families across the state to access flexible educational opportunities.

Back in July, Kanawha Circuit Judge Joanna Tabit shot down the scholarship program offering public money for private education, calling it unconstitutional.  

After a hearing that lasted a little over an hour, Tabit in July ruled that the Hope Scholarship Program that provides state funds for students leaving the public school system violated the state Constitution. The scholarship program was established after the state legislature passed a law in 2021. 

The plaintiff, who consisted of parents of students in the public school system, argued that the program violated the state Constitution by diverting funding away from the public education system.

Tabit found that the Hope Scholarship violated the state Constitution’s Article XII, Section 1 duty to provide “for a thorough and efficient system of free schools.” 

However, the West Virginia Supreme Court held that the program is indeed constitutional.

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