The state’s supreme court has given parents and children a much-needed victory in their quest for educational freedom.
The state’s supreme court has given parents and children a much-needed victory in their quest for educational freedom.
T housands of West Virginia families are breathing sighs of relief and, undoubtedly, releasing tears of joy today.
In July, after more than 3,000 students had been accepted into the Mountain State’s new Hope Scholarship Education Savings Account program, interest groups opposed to school choice sued. Their lawsuit resulted in a court injunction that temporarily halted the program — and put children’s futures in jeopardy. But last week, West Virginia’s Supreme Court ruled in the program’s favor, allowing it to resume:
After careful consideration of all filings, the record on appeal, and the oral arguments presented by the parties, the Court is of the opinion to, and does, dissolve the injunctive relief and reverse the order of the Circuit Court of Kanawha County entered on July 22, 2022.
Thousands of families had their educational plans shattered by the injunction. This decision thus begins the healing process for parents seeking access to educational options that meet their children’s needs. The ruling comes shortly after Arizona overcame a failed signature-gathering campaign to kill its universal Educational Savings Account (ESA) program. So the tide is turning in favor of families and freedom.
The West Virginians administering the Hope Scholarship program are now tasked with communicating what families seeking relief should do next. Ninety-three percent of students statewide are eligible for the program. Once ESA funds are disbursed, each student will receive an average of $4,600 per year, to be spent at their parents’ discretion on qualifying educational expenses. These include individual classes and extracurricular activities provided by a public-school district, private-school tuition and fees, tutoring, educational therapies, and more.
Following years of educational disruptions caused by the Covid-19 pandemic, the Hope Scholarship program is set to give thousands of kids in West Virginia access to new educational opportunities that better fit their learning needs. Families just want their kids to have a fair chance to learn and be successful. Now, in West Virginia, they will have that chance.
In the days after the injunction, West Virginia Families United for Education, an education-choice advocacy organization, compiled real-life testimonials from West Virginia families.
One mom, Jessika, explained how the decision had been tough on her family. “I’m trying to figure out if I will have to withdraw my son’s application to his private school as I cannot afford it without the scholarship,” she said. She added that she is not against public schools, but that her child was not progressing at the public school in which he was enrolled. “I am currently in college working full time and can’t home school at this time like I did in the past. I was so relieved we were going to be able to use Hope to meet his needs.”
There are thousands like Jessika and her son. The testimony of families who will benefit gives real context to an issue that some may view in the abstract. The Hope program and similar programs across the country serve real people — people whose lives are disrupted in real ways when interest groups play politics.
Jamie Buckland, the founder and CEO of West Virginia Families United for Education, had this to say about the decision lifting the injunction:
I’ve been the mother on the scavenger hunt for options to ensure my children are educated in a way that accomplishes our goals, and I’ve known the sacrifice that takes. Today the nation gets to see the tenacity of my state in a way that reflects what I know to be true about us. We are worthy. We are worthy of Hope. The families my organization serves are ecstatic at this news. It is indeed a good day to be a Mountaineer.
With last week’s decision, nearly all West Virginia families are now empowered to access educational resources to help their children thrive. Hope restored means a brighter future for West Virginia families. But all American families deserve such a future, and the work of the school-choice movement won’t be done until they get it.
— Ed Tarnowski is a state policy associate and Marc LeBlond is the director of policy at EdChoice, a national education nonprofit.