West Virginia Supreme Court upholds school choice law

"This is a big win for educational freedom."

Updated: October 7, 2022 - 10:42pm

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The West Virginia Supreme Court on Friday overturned a lower court ruling and upheld a statewide school choice law.

Under the law, those wishing to pursue education for their children outside of the public system would receive up to $4,300 to fund the effort, according to the Epoch Times.

A lower court blocked the program, deeming it "an incentive to leave the public school system, reducing its enrollment and funding."

"The loss of this funding will impact public school students, including Plaintiffs’ children who have special needs that can only be met through West Virginia’s public schools," the court wrote.

The state Supreme Court overruled that determination, but provided little explanation, instead issuing a brief order with a promise to provide a detailed opinion later.

"Acting without undue delay given the nature of the constitutional matters at issue and the need to resolve the appeal in an expedited manner, the Court issues its decision by this order with a detailed opinion to follow," the state's top court said.

Republican state Attorney General Patrick Morrisey cheered the court's decision.

"Many thanks go out to the WV Supreme Court for reversing the Kanawha Circuit Court and determining that the Hope Scholarship is constitutional," he said, per the Times. "WV kids deserve the best public schools and as many private sector options as possible. This is a big win for educational freedom."