CHARLESTON, W.Va. — State Treasurer Riley Moore says more than 3,000 West Virginia families are in a bind now that the striking down of the the Hope Scholarship program is going to remain until a full appeal is heard by the state Supreme Court.
The state Intermediate Court of Appeals rejected a request Tuesday for a stay of the lower court’s decision.
Moore said Wednesday on MetroNews “Talkline” the opponents of the Hope Scholarship could have opposed it far earlier than they did.
“We don’t know how this is all going to play out and that’s why I say the timing of this is so purposeful and it’s really spiteful and vengeful on their side to try and harm families that have obviously made important life decisions for their children,” Moore said.
Kanawha County Circuit Judge Joanna Tabit struck down the program last month. She ruled it would violate the requirement of the state Constitution that public schools be fairly and fully funded.
Moore maintained Wednesday the state can do both.
“There’s no showing in this case at all that the legislature is failing to provide a thorough and efficient system of free schools. That is still going to take place. This is just providing an alternative for families here in West Virginia,” Moore said.
The court battle continues over the Hope Scholarship and the legal issues it faces. @RileyMooreWV joins @HoppyKercheval discuss where he stands with this scholarship. WATCH: https://t.co/yCFQ3nDJuy pic.twitter.com/FIzlG5Qyi5
— MetroNews (@WVMetroNews) August 3, 2022
The program would take the money per student provided to county school systems and shift it to the choice of the parents. It could be private schools including parochial schools. There’s also the option of using the money, which was going to be more than $4,000 per student in the first year of the program, for costs associated with home schooling.
West Virginia Education Association President Dale Lee continues to applaud Tabit’s permanent injunction and the Intermediate Court’s decision not to stop it.
“Proponents of this (Hope Scholarship) will say this is all about choice but this is not about choice,” Lee said. “Our parents have choice as it is. They can choose home schooling, parochial schools, private schools right now. This is about public tax dollars paying for that choice.”
West Virginia American Federation of Teachers President Fred Albert said he wasn’t surprised with the ICA’s decision. He said Tabit’s ruling was strong and fact-based.
“This law is unconstitutional. We feel very strongly that public funds should be used to benefit public schools,” Albert said.
Moore said striking down of Hope hurts kids in middle to lower-income families.
“If you’re rich in this state, sure, you can send your kids to private school, no big deal. But we’re trying to help people who are on the lower end of the economic spectrum here have some alternatives rather than in the public schools they are in right now,” Moore said.
Albert said he realizes the recent court decisions could put some families in a tough situation but school choice is nothing new.
“That was an option that they (families, parents) chose. They have known in the past that’s an option they would have had to have the resources themselves for,” Albert said.
Moore said for now parents and their children may have to make other choices for school with classes set to start in some counties in less than two weeks.
“You know this gets into a big conversation about the teachers–I’m tired of talking about the teachers,” Moore said. “We need to talk about the kids. This is about the children. It’s not about the teachers. We’re trying to help the children here about their goals, their dreams, their future.”
The case is expected to next land before the state Supreme Court but that will take time. State Attorney General Patrick Morrisey issued a statement Tuesday evening.
“This is an important law that will benefit hard working families, and my office will continue to fight to retain this law,” Morrisey said. “We will now proceed and move to our next legal options—where we believe we should be successful.”