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Legislative support for and opposition to universal school choice in West Virginia

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The West Virginia Legislature enacted the Hope Scholarship in 2021 as part of House Bill 2013, expanding the state's school choice program to create an education savings account program, which provided a varying amount of money in state funding for families to help cover tuition at private schools. At the time it passed, only certain students were eligible.

HB2013 passed the West Virginia House of Delegates 57-42, with 19 Republicans breaking from their party to oppose the bill and one absent on March 4, 2021. Republicans had a 77-23 majority at the time the bill was passed, but one delegate was absent during the vote. All Democrats opposed the bill.[1][2]

HB2013 passed the West Virginia State Senate 20-13, with two Republicans breaking for their party to oppose the bill and one absent, on March 17, 2021. Republicans had a 23-11 majority in the Senate at the time the bill passed. All Democrats opposed the bill.[3]

The Hope Scholarship was signed into law by West Virginia Governor Jim Justice (R) on March 27, 2021.

The bill included a provision that expanded the Hope Scholarship to all students in the state if certain criteria were met. As of July 1, 2024, the Hope Scholarship was set to expand to all students in the state effective in 2026, making it a universal ESA program.

Timeline

  • July 1, 2026

    The Hope Scholarship is set to open to all students.

  • March 9, 2024

    Governor Justice signed House Bill (HB) 4945 into law, making statutory changes to the Hope Scholarship.

  • October 6, 2022

    The Supreme Court of Appeals of West Virginia reversed the decision handed down by a Kanawha County Circuit Court judge that blocked the Hope Scholarship, reinstating the program.

  • June 6, 2022

    Kanawha County Court Judge Joanna Tabit blocked the state from launching the Hope Scholarship education savings account program saying it would ultimately take public funds and use it for private education expenses.

  • March 27, 2021

    Governor Jim Justice (R) signs the Hope Scholarship, a restricted education savings account program for which only some students are eligible, into law.

  • March 17, 2021

    HB2013 passed the West Virginia Senate 20-13, with two Republicans breaking for their party to oppose the bill and one absent. All Democrats opposed the bill.

  • March 4, 2021

    HB2013 passed the West Virginia House of Delegates 57-42, with 19 Republicans breaking from their party to oppose it. All Democrats opposed the bill.

Background

See also: School choice in the United States, Impact of school choice on rural school districts

The West Virginia General Assembly passed the Hope Scholarship in 2021 as part of WV HB2013 to create a limited education savings account (ESA) program. ESAs were available to the following students:

  • Those eligible to be enrolled in kindergarten for the year for which they are applying for the Hope Scholarship.
  • Those enrolled full-time in a West Virginia public elementary or secondary school for the entire instructional term of the academic year preceding the academic year for which the student is applying to participate in the Hope Scholarship Program.
  • Those enrolled full-time and attending a public elementary or secondary school in West Virginia for at least 45 consecutive calendar days during the current instructional term at the time of application. The student must remain enrolled and attending the public-school program until a decision is reached on the Hope Scholarship application.

The Hope Scholarship provides families with a varying amount of money each year, dependent on state aid funding per pupil provided to county boards of education for public school students. The amount per family issued was $4,921.39 in the school year 2024-2025.[4]

The bill included a provision that if by July 1, 2024, the number of students in the Hope Scholarship Program and students eligible who have applied to participate in the Hope Scholarship program during the previous school year is less than five percent of net public school enrollment for the school year prior, then it would become available to all students. The number as of July 1, 2024, was less than five percent, and the ESA program was set to expand on July 1, 2026, to all students, making it a universal school choice program.[5]

Governor Jim Justice (R) signed House Bill (HB) 4945 on March 9, 2024, which made statutory changes to the Hope Scholarship, including requirements to ensure that families complied with the program rules, clarification that pre-K students were not eligible for the program, and the requirement for education service providers to submit any employee who will have contact with Hope Scholarship students to a criminal background check, among other provisions.[6]

Legislative and legal history

West Virginia House Bill 2013 passed the West Virginia House of Delegates 57-42, with 19 Republicans breaking from their party to oppose the bill and one absent on March 4, 2021. Republicans had a 77-23 majority at the time the bill was passed, but one delegate was absent during the vote. All Democrats opposed the bill.[7][8]

HB2013 passed the West Virginia State Senate 20-13, with two Republicans breaking for their party to oppose the bill and one absent, on March 17, 2021. Republicans had a 23-11 majority in the Senate at the time the bill passed. All Democrats opposed the bill.[9]

Kanawha County Court Judge Joanna Tabit blocked the Hope Scholarship from taking effect on June 6, 2022, saying the program undermined an already underfunded public school system and that the legislature had violated its constitutional obligations when they passed the law, diverting taxpayer money from public schools. The attorney who represented the students using the Hope Scholarship at the time, Joseph Gay, argued that it wasn't taking money from public schools because the appropriation for the scholarship came from a different portion of the budget than funding for public schools. He also argued that it helped public schools improve since they needed to compete with private schools for students.[10]

The West Virginia Supreme Court of Appeals reinstated the Hope Scholarship in a 4-1 decision, saying "the West Virginia Constitution does not prohibit the Legislature from enacting the Hope Scholarship Act in addition to providing for a thorough and efficient system of free schools," according to the opinion.[11]

Governor Justice signed statutory changes to the Hope Scholarship into law on March 9, 2024.

Provisions

Eligibility for the program

This bill defines eligibility for the ESA program as a student who is a resident of the state, is entering kindergarten, or was enrolled in public school for a qualifying period. It expands eligibility to all students starting July 1, 2026, since the enrollment as of July 1, 2024, was less than five percent of net public school enrollment. The text of the bill is as follows:[12]

“ §18-31-2. Definitions.

(5) "Eligible recipient" means a child who:

(A) Is a resident of this state; and

(B) Is enrolled full-time and attending a public elementary or secondary school program in this state for at least 45 calendar days during an instructional term at the time of application and until an award letter is issued by the board under §18-31-5(c) of this code, or enrolled full-time in a public elementary or secondary school program in this state for the entire instructional term the previous year, or is eligible at the time of application to enroll in a kindergarten program in this state pursuant to §18-8-1a of this code, except that if on July 1, 2024, the participation rate of the combined number of students in the Hope Scholarship Program and students eligible who have applied to participate in the Hope Scholarship program during the previous school year is less than five percent of net public school enrollment adjusted for state aid purposes for the previous school year, then, effective July 1, 2026, a child is considered to meet the requirements of this paragraph if he or she is enrolled, eligible to be enrolled, or required to be enrolled in a kindergarten program or public elementary or secondary school program in this state at the time of application; ...[13]

”

Qualifying expenses

The bill includes a list of expenses the ESA funds can be used for. The list is as follows:[14]

“ §18-31-7. Qualifying expenses for Hope Scholarship accounts.

(a) Parents of a Hope Scholarship student shall agree to use the funds deposited in their student's Hope Scholarship account only for the following qualifying expenses to educate the student:

(1) Ongoing services provided by a public school district pursuant to §18-31-8(f) of this code, including without limitation, individual classes and extracurricular activities and programs: Provided, That notwithstanding the provisions of §18-5G-3 of this code, a public charter school may invoice a Hope Scholarship student's account for said services;

(2) Tuition and fees at a participating school;

(3) Tutoring services provided by an individual or a tutoring facility: Provided, That such tutoring services are not provided by a member of the Hope Scholarship student's immediate family;

(4) Fees for nationally standardized assessments, advanced placement examinations, any examinations related to college or university admission, and tuition and/or fees for preparatory courses for the aforementioned exams;

(5) Tuition and fees for programs of study or the curriculum of courses that lead to an industry-recognized credential that satisfies a workforce need;

(6) Tuition and fees for nonpublic online learning programs including, but not limited to, online curriculum courses and tutorial programs;

(7) Tuition and fees for alternative education programs;

(8) Fees for after-school or summer education programs;

(9) Educational services and therapies including, but not limited to, occupational, behavioral, physical, speech-language, and audiology therapies;

(10) Curriculum as defined in §18-31-2 of this code;

(11) Instruments or equipment required as part of a music education course or curriculum;

(12) Fees for transportation paid to a fee-for-service transportation provider for the student to travel to and from an education service provider; and

(13) Any other qualifying expenses as approved by the board established pursuant to §18-31-3 of this code: Provided, That the board may adopt rules and procedures for Hope Scholarship students who want to continue to receive services provided by a public school or district.

(b) Hope Scholarship funds may only be used for educational purposes in accordance with subsection (a) of this section. Nothing in this section requires that a Hope Scholarship student be enrolled, full- or part-time, in either a private school or nonpublic online school.

(c) Hope Scholarship funds may not be refunded, rebated, or shared with a parent or student in any manner: Provided, That the Hope Scholarship Board shall promulgate legislative rules to ensure that an education service provider with 15 or more students can provide compensation to employees of the provider in the provider’s regular course of business, notwithstanding the fact that an employee’s child receives services from the education service provider.

(d) The board may adopt procedures for establishing a reimbursement process for any qualifying expenses not available for purchase by a Hope Scholarship parent through the existing online Hope Scholarship Program portal. Any refund or rebate for goods or services purchased with Hope Scholarship funds shall be credited directly to a student's Hope Scholarship account.

(e) Nothing in this section prohibits the parents of a Hope Scholarship student from making payments for the costs of educational goods and services not covered by the funds in their student’s Hope Scholarship account. However, personal deposits into a Hope Scholarship account are not permitted.[13]

”

See also

Other school choice-related content:

Other education policy content


External links

Footnotes

  1. ↑ West Virginia Legislature, "HB2013 - Relating to the Hope Scholarship Program - RCS#86," accessed February 12, 2025
  2. ↑ Wikipedia, "List of members of the 85th West Virginia Legislature," accessed February 12, 2025
  3. ↑ West Virginia Legislature, "Roll Call HB2013," accessed February 12, 2025
  4. ↑ West Virginia Hope Scholarship, "Frequently Asked Questions," accessed February 13, 2025
  5. ↑ 12 WBOY, "West Virginia’s Hope Scholarship Program to expand," accessed February 11, 2025
  6. ↑ West Virginia Hope Scholarship, "Legislative Summary: 2024 House Bill 4945," accessed February 11, 2025
  7. ↑ West Virginia Legislature, "HB2013 - Relating to the Hope Scholarship Program - RCS#86," accessed February 12, 2025
  8. ↑ Wikipedia, "List of members of the 85th West Virginia Legislature," accessed February 12, 2025
  9. ↑ West Virginia Legislature, "Roll Call HB2013," accessed February 12, 2025
  10. ↑ West Virginia Public Broadcasting, "Thousands Of W.Va. Families Await Possible Appeal Of Hope Scholarship Program," accessed February 12, 2025
  11. ↑ Institute for Justice, "West Virginia Supreme Court Issues Full Ruling Upholding Hope Scholarship Program," accessed February 12, 2025
  12. ↑ West Virginia Legislature, "§18-31-2. Definitions," accessed February 12, 2025
  13. ↑ 13.0 13.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  14. ↑ West Virginia Legislature, "§18-31-7. Qualifying expenses for Hope Scholarship accounts." Accessed February 12, 2025
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