In 2021 the WV Legislature passed H.B. 2013, “The Hope Scholarship Act,” which creates a voucher program through education savings accounts (ESA), a deposit of public funds that parents who withdraw their children from public school can use for, among other things, private school or homeschool purposes.
At the time it was enacted, H.B. 2013 was purportedly “the nation’s broadest education savings account bill” with no income limitations, minimum eligibility requirements, and virtually no antidiscrimination protections. This means that, within just a few years, the vouchers will be open to all West Virginia parents, including affluent parents whose children are already enrolled in private school.
When fully implemented, the voucher program is projected to cost more than $100 million in taxpayer dollars and, by decreasing public school enrollment, significantly reduce public school funding.
Public school parents filed suit to challenge the constitutionality H.B. 2013. They prevailed in the circuit court which permanently enjoined the statute, preventing its implementation. The case is now on expedited appeal to the Supreme Court of Appeals of West Virginia. More on the suit here.
A contingent of Constitution and Education Law Scholars have submitted an amicus brief, arguing that H.B. 2013 violates the West Virginia Constitution. Their argument is based on a simple but well established principle of law: “the state may not do indirectly what the constitution forbids it to do directly.”
Read the Scholars brief.