Missouri Court to Examine Legality of Private School Voucher Funding

A Cole County judge will hear arguments on November 24 and 25 regarding the constitutionality of funding for private school scholarships in Missouri. The case arises from a lawsuit filed by the Missouri National Education Association (NEA) at the end of June, which challenges two appropriations outlined in House Bill No. 12 from Missouri’s 103rd General Assembly. The bill allocates $51 million in state funds for private K-12 school scholarships, which the NEA argues violates multiple provisions of the Missouri Constitution.

The appropriations include $50 million in general revenue funds and an additional $1 million for administrative and marketing expenses. According to the lawsuit, these funds effectively serve as vouchers for private school tuition, contravening Article III, Sections 23, 36, and 39 (d), as well as Article IV, Sections 15 and 23 of the Missouri Constitution. The NEA contends that diverting public funds for private education undermines the state’s commitment to public schooling.

During a deposition, Trent Blair, a programs manager from the State Treasurer’s Office, indicated that the state has already issued $38.1 million of the approved funds. He anticipates that $45 million will be disbursed to Educational Assistance Organizations in fiscal year 2026. These organizations facilitate connections between eligible schools and students utilizing scholarship funds.

The Missouri State Treasurer, Vivek Malek, has previously noted that the appropriations aim to support scholarships for approximately 6,000 students, which would more than double the number supported in 2025. In light of the ongoing legal dispute, the NEA is seeking a court order to halt the remaining disbursements and prevent the State Treasurer from implementing new regulations concerning the MOScholars program, which is funded through tax credits.

On October 9, Judge Brian Stumpe of the Cole County Circuit Court denied a request for a temporary restraining order that would have stopped the state from proceeding with the appropriations. This decision allows the state to continue its funding efforts while the case unfolds.

The upcoming trial is expected to involve discussions around the interpretation of the law, supported by several exhibits and witness testimonies. Todd Graves, a Kansas City attorney and founding partner of Graves Garrett, LLC, will represent families who claim to benefit from the MOScholars funding.

The trial is set to commence at 1 p.m. on Monday, November 24, and will continue at 9 a.m. on Tuesday, November 25. As this legal battle unfolds, the implications for Missouri’s educational funding and the future of private school scholarships remain significant.