Missouri Judge Upholds $50 Million Private School Voucher Funding Program
A Missouri judge ruled the state can fund private school vouchers with $50 million in taxpayer money, but educators plan to appeal the decision to the state Supreme Court.
JEFFERSON CITY, MISSOURI — A Cole County Circuit Court judge ruled Tuesday that Missouri can legally use public funds to support private school scholarships through the MOScholars program, dismissing a lawsuit that challenged the $50 million appropriation.
Judge Brian Stumpe issued a 57-page ruling stating that lawmakers have the authority to directly appropriate funds to the MOScholars program because state law does not “expressly prohibit” such action. The decision allows the state to continue funding private school vouchers with general revenue.
The Missouri National Education Association, which filed the lawsuit in June, announced Wednesday it plans to appeal the decision to the Missouri Supreme Court.
Education Union Vows to Continue Fight
“This ruling doesn’t change the facts: (the budget bill’s) voucher scheme is unconstitutional,” said MNEA President Rebeka McIntosh in a press release. “Missouri NEA’s 45,000 union-represented educators believe families deserve a simple guarantee: if a school takes your tax dollars, it must welcome your child.”
The Missouri NEA and two of its leaders had argued that state law does not permit the legislature to use a budget bill to fundamentally alter the program’s structure. They contended the funding mechanism violated established legal procedures for changing state programs.
Program Structure and Recent Changes
Lawmakers originally established the MOScholars program in 2021 to operate through private donations that qualify for a 100 percent tax credit up to half of a donor’s tax liability. Nonprofit organizations serve as intermediaries, collecting donations and distributing funds to eligible students for private school tuition.
The program’s funding model changed significantly last year when lawmakers approved Governor Mike Kehoe’s budget request to allocate $50 million in general revenue to the program. Previously, general revenue was only used for marketing and administrative costs, not direct scholarships.
Judge Stumpe rejected all claims made by the Missouri NEA, ruling that the association and its members lack legal standing to challenge the funding because they are not directly harmed by the use of general revenue for private school scholarships.
Legal Standing Question Central to Ruling
The judge determined that the General Assembly’s decision to fund scholarship programs does not inflict harm on public schools when the legislature has not diverted money from existing public education funding streams. This finding was key to dismissing the case on procedural grounds.
The ruling represents a significant victory for school choice advocates who have pushed for expanded private school funding options in Missouri. The MOScholars program now operates with both private donations through tax credits and direct state appropriations.
With the Missouri NEA’s planned appeal to the state’s highest court, the legal battle over public funding for private school vouchers is expected to continue. The case could set important precedents for how Missouri structures educational funding and the legislature’s authority to modify existing programs through budget appropriations.
