Reverse Injunction Against Hope Scholarship Act
CHARLESTON — West Virginia Attorney General Patrick Morrisey praised the state Supreme Court of Appeals’ decision Thursday to reverse an injunction handed down by a Kanawha County Circuit Court judge against the Hope Scholarship Act.
“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 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. 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.”
Acting just two days after the Attorney General’s Office presented oral argument, the Supreme Court issued an expedited order Thursday afternoon “given the nature of the constitutional matters at issue and the need to resolve the appeal in an expedited manner.” The order dissolved an injunction and reversed the order that the Circuit Court of Kanawha County issued on July 22, 2022, which had put a temporary stop to the Hope Scholarship program. The Court’s detailed opinion will follow.
The Legislature passed and the Governor signed the Hope Scholarship Act into law in 2021. It provides money for a variety of educational expenses, including tuition and fees at participating private schools and other educational activities.
Unlike some similar laws in other states, the Hope Scholarship Act is not a voucher program. Students can use scholarship funds for many educational ends beyond paying “tuition and fees at a participating school.”
“This is an important law that will benefit hard working families,” Attorney General Morrisey said. “I am happy to be able to successfully defend this Act—our kids deserve the best educational options available.”