![]() ![]() The lawsuit recycles arguments common in legal attacks on educational choice programs. On January 19, 2022, Public Schools Public Funds filed a lawsuit challenging the program’s constitutionality under the West Virginia Constitution. Rather, it is funded by separate, annual appropriations by the Legislature for the sole purpose of funding the program. The Hope Scholarship program does not use any funds meant for West Virginia’s public schools. ![]() Families may use a student’s Hope Scholarship for private school tuition and a wide array of other education expenses, such as online learning, after-school or summer learning programs, educational therapies and travel costs. Depending on participation numbers, the program could expand eligibility in 2026 to all West Virginia students. Hope Scholarships will initially be available to West Virginia students who were public school students the prior year, who have been public school students for at least 45 days before applying for the scholarship, or who are rising kindergarteners. The Institute for Justice is intervening on behalf of two West Virginia parents, Katie Switzer and Jennifer Compton, who intend to use the program to help obtain the education that will best meet the needs of their children. The historic program will give thousands of families in West Virginia greater educational choice beginning in the 2022-23 school year. In March 2021, West Virginia enacted the Hope Scholarship Program: West Virginia’s first school choice program and the most expansive education savings account (ESA) program in the nation. Educational choice entered a renaissance in 2021, and no state exemplified this quite like West Virginia.
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