Show-Me State Times

A Cole County judge has denied a request for a temporary restraining order that would have halted the implementation of House Bill 12, Missouri’s recent investment in school choice. The decision allows the state to move forward with its $50 million appropriation to the Missouri Empowerment Scholarship Accounts (ESA) Program.

The ESA Program, which was expanded by the Missouri General Assembly in May, is designed to give parents more options regarding their children’s education. The new funding will enable thousands of students—including those from disadvantaged backgrounds, children with special needs, and students attending underperforming schools—to access scholarships for alternative educational opportunities.

“Today’s ruling is a victory for parents and kids across Missouri,” said Attorney General Bailey. “For too long, bureaucrats and special interests have tried to trap children in schools that don’t meet their needs. House Bill 12 says otherwise: it trusts parents. It empowers families. And it gives Missouri’s children a fighting chance at a brighter future. My Office will keep fighting until this baseless lawsuit is thrown out entirely.”

State Treasurer Malek also commented on the court’s decision: “This is more than a legal victory—it’s a victory for Missouri families. MOScholars is about giving parents the freedom to choose the educational path that best fits their child’s needs. That freedom should never be taken away—not by bureaucrats, and certainly not by union bosses.”

According to state officials, over 1,000 students have already benefited from the ESA Program since its inception. With additional funding through HB 12, even more students are expected to gain access to these scholarships.

Attorney General Bailey addressed concerns about public school funding: “This is not about pitting public schools against private schools. It’s about meeting the needs of every child. Missouri continues to fund public education at record levels. But for children who need something different, whether due to special needs, safety concerns, or failing districts, scholarships like these are lifelines.”

The lawsuit challenging HB 12 was led by the Missouri National Education Association and sought immediate suspension of the program as many students were returning to school for the fall term. The court found that plaintiffs did not meet the requirements necessary for extraordinary relief and allowed scholarship distribution to continue.

“Parents, not unions, not bureaucrats, know what’s best for their kids,” concluded Attorney General Bailey. “This case is about freedom and opportunity, and today’s ruling is a huge step toward securing both.”