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West Virginia Supreme Court of Appeals Denies Motion to Stay by Narrow Margin, Will Take Up the Case on Expedited Basis

Ruling blocks access to educational options for over 3,000 students already approved for the Hope Scholarship program but foretells final word from the high court by the holidays    

CHARLESTON, W. Va. – Today, by a vote of 3-2, the West Virginia Supreme Court of Appeals denied the Attorney General’s motion to stay regarding the new Hope Scholarship program, leaving in effect the injunction issued by the lower court and further blocking more than 3,000 students from accessing this transformational program. In response to the ruling, Executive Director Andrew Clark issued the following statement on behalf of yes. every kid. foundation.: 

“We are devastated by today’s ruling. More than 3,000 West Virginia students made decisions expecting to be able to take advantage of the Hope Scholarship program and had the rug pulled out from under them, just weeks before the start of school. We had hoped the Supreme Court of Appeals would rectify that wrong by staying the lower court’s injunction while the appeals process played out. Instead, this ruling further blocks students from accessing educational opportunities that work best for them. 

“However, we are grateful that two justices would have granted the stay. And we remain optimistic that the program will ultimately be upheld by the high court and are encouraged that the Court recognized the importance of taking the case immediately so that it can bring this matter to a final resolution before the end of the fall semester. We intend to continue standing by Attorney General Patrick Morrisey and State Treasurer Riley Moore and thank them for their commitment to educational freedom for every kid.” 

In support of the Hope Scholarship program and the Attorney General’s request for a stay during the appeal, yes. every kid. foundation. filed an amicus curiae (“friend of the court”) brief with the West Virginia Supreme Court of Appeals. The brief can be viewed here

About yes. every kid. foundation.   
yes. every kid. foundation. is devoted to unlocking the extraordinary potential of every kid. We are committed to the discovery and development of an education system that serves kids’ unique needs. We promote the open dialogue, education efforts and agreed-upon needs of parents and teachers working together to build a more open and diverse educational system.