CHARLESTON, WV (WVNS) — West Virginia Attorney General Patrick Morrisey filed a motion recently in the state’s Intermediate Court of Appeals asking for a stay of the preliminary and injunctive relief that was recently deemed against the Hope Scholarship Act.

“The lower court’s ruling undermining parents’ freedom to choose how they educate their children is legally wrong and deeply disappointing, and we are ready to appeal as soon as the lower court issues its written order confirming its ruling from nearly two weeks ago. In the meantime, we are urging the appellate court to stay the decision so that thousands of West Virginia families can receive the money the Legislature intended for the upcoming school year—which starts in a matter of weeks. The Hope Scholarship Act is an important law and we will fight for our kids and the hard working families of our state to retain this law and uphold its constitutionality.”

Attorney General Morrisey

The Act was passed and Governor Justice signed on the Hope Scholarship Act, granting allowance into law in 2021. This act provides money and financial aid for students who are leaving the public schools system and also allows families to use the money to fulfill different expenses, which includes tuition and fees at eligible private schools and other extracurricular activities.

In a recent announcement, a Kanawha County Circuit Court judge urged the Mountain State from agreeing with this program, believing that it violates a part of the state constitution where it requires the state to provide free help for public schools.

“absent a stay, the state and its families will suffer irreparable harm: A validly enacted law will stand mute because the Legislature’s policy judgments ‘troubled’ a single judge, and students across the state will be stripped of educational opportunities for at least a year.”

Attorney General Morrisey expressing his concerns for the repercussions of the recent motions passed.

He then added about the Circuit Court’s decision, “no party had requested, agreed with baseless claims, and speculated harms into existence.”