Missouri court upholds MOScholars program after constitutional challenge

Andrew Bailey, Attorney General at Missouri
Andrew Bailey, Attorney General at Missouri
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The Missouri Attorney General’s Office announced on Apr. 15 that the Cole County Circuit Court has rejected all constitutional challenges to the MOScholars program, securing what officials called a significant victory for school choice in the state.

The ruling is important because it preserves access to scholarships for thousands of families seeking educational options outside their assigned public schools. The decision follows efforts by the Missouri National Education Association (MNEA) to block $51 million in scholarship funds, a move that could have affected over 6,000 students statewide this school year.

Attorney General Catherine Hanaway said, “The Court’s ruling is a clear win for Missouri families and for educational opportunity. Parents, not special interests, are trusted to decide what education best fits their children. Our office will continue to defend families’ freedom to choose.”

In May 2025, the Missouri General Assembly appropriated $50 million for the Empowerment Scholarship Accounts (ESA) Program. This initiative allows parents more flexibility in choosing educational services such as tuition, tutoring, and therapy. Judge Brian Stumpe ruled that MNEA lacked standing and rejected all of its claims against the program.

MOScholars parent Lisa Smith commented on the outcome: “MOScholars is more than a scholarship program—it is opportunity, hope, relief, and the freedom for families to choose the best educational environment for their children and safe learning environments where students can thrive academically and personally and reach their full potential.” Smith also thanked the Attorney General’s Office “for their work on this case and their strong commitment to protecting educational opportunity for Missouri students.”

The MOScholars program works with various providers—including public schools, private schools, and family-paced education programs—to offer diverse options tailored to individual student needs.

Attorney General Hanaway concluded by saying: “This Office will oppose any effort that puts bureaucratic barriers between children and the resources they need to succeed.”

Observers say this ruling may have broader implications as debates about school choice continue across states.



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