Beaver v. Moore Background
In January 2022, public school parents in West Virginia filed a lawsuit challenging the state’s expansive private school voucher law, House Bill 2013 which created an Education Savings Account (ESA) voucher program called the Hope Scholarship, which began accepting applications in March 2022.
HB 2013 redirects public funds to private accounts controlled by ESA voucher recipients, which they can use to pay for private school tuition and/or a range of private education expenses including homeschooling. These ESA vouchers are open to all West Virginia students currently attending public school or entering kindergarten, regardless of family income. Over time the voucher program will grow to subsidize the private education of all private school and homeschooled students.
The lawsuit asserted that HB 2013 violates several provisions of the Education Article of the West Virginia Constitution. The trial court agreed, and blocked implementation of the law. That decision was reversed by the West Virginia Supreme Court.
Read More:
Public School Parents Sue to Stop Vouchers in West Virginia
Public School Parents Urge West Virginia Court to Halt Voucher Program
West Virginia Parents Take Their Fight Against Vouchers to Court
West Virginia Circuit Court Strikes Down Unconstitutional Private School Voucher Law
Beaver v. Moore Documents
Beaver v. Moore Memorandum of Law in Support of Motion for Preliminary Injunction
Beaver v. Moore Plaintiffs’ Reply In Support of Motion for Preliminary Injunction
Beaver v. Moore Plaintiffs’ Opposition to Motions to Dismiss and for Judgment on the Pleadings
Beaver v. Moore Circuit Court Order Granting Injunction
Beaver v. Moore Opposition to Motions for Stay Pending Appeal (Intermediate Court of Appeals)
Beaver v. Moore Opposition to Motions for Stay Pending Appeal (Supreme Court of Appeals)
Beaver v. Moore Brief of Plaintiffs-Respondents (Supreme Court of Appeals)