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

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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.

Rep. Luke Messer, R-Ind., speaks during a rally to promote the importance of school choice as part of "National School Choice Week," in Russell Building on January 18, 2018. (Photo By Tom Williams/CQ Roll Call) ((Photo By Tom Williams/CQ Roll Call)) 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.

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