Kanawha Circuit Judge Joanna Tabit (D) ruled that the HOPE scholarship program, providing state funds for students seeking an education outside of the public school system, is “unconstitutional” under the WV State Constitution.
According to the plaintiffs, providing subsidization for private education diverts funding away from the public education system. Article XII, Section 1 reads that the state must provide subsidization “for a thorough and efficient system of free schools.”
It does not say in the state constitution that the Legislature cannot also provide subsidization for private or charter schools.
Nevertheless, Judge Tabit sided with the plaintiffs.
“I’m granting preliminary and permanent injunctive relief, enjoining the state from implementing that statute,” Tabit said at the end of the hearing, according to MetroNews.
Upon appeal, the final decision will likely go to the WV State Supreme Court.
Over 3,000 students have already been enrolled through the educational savings accounts program.