A Cole County Circuit Court judge ruled Tuesday that Missouri can use public funds to pay for the Missouri Empowerment Scholarship Accounts Program, MOScholars. In his ruling, Judge Brian Stumpe stated that legislators could appropriate state funds to MOScholars because state law does not “expressively prohibit” it.
The MOScholars program was established in 2021 and provides state tax credits for contributions to approved, non-profit Educational Assistance Organizations (EAOs). These EAOs use the contributions to award scholarships to Missouri students with Individual Education Plans (IEPs) and students living in low-income households.
Last year, the legislature approved a plan to use $50 million in state revenue to fund the program. The Missouri National Education Association filed suit last June, challenging the appropriation. Judge Stumpe ruled that the association had no standing to sue, as it could not show that the appropriation diverted funding from public schools. In his ruling, Stumpe also rejected many of the Missouri NEA’s arguments, stating that the MOScholars law is silent in regards to state appropriations.
The NEA said it intends to appeal the ruling to the Missouri Supreme Court.
You can read more here.