Missouri private school voucher program to be debated in Bench Trial
COLE COUNTY, Mo. (KQTV) -- A Cole County Judge will hear arguments on Monday and Tuesday over the constitutionality of state funding being provided for private school scholarships
The Missouri National Education Association (NEA) filed a lawsuit at the end of June challenging the constitutionality of two appropriations in House Bill No. 12 from Missouri's 103rd General Assembly.
The appropriations authorize the use of $50 million in general revenue funds and another $1 million in dedicated administrative and marketing funds, totaling $51 million for private K-12 school scholarships.
The lawsuit claims the appropriations violate five provisions of the Missouri Constitution by using a "bill to divert general revenues to what are essentially vouchers for the payment of private school tuition for elementary and secondary school students."
The provisions include Article III, Sections 23, 36 and 39 (d), as well as Article IV, Sections 15 and 23 of the Missouri Constitution.
According to a deposition from Trent Blair, the programs manager from the State Treasurer's Office, the state has currently issued $38.1 million of the $51 million that has been approved for distribution.
Blair testified that he expects $45 million to be approved for distribution during fiscal year 2026 to Educational Assistance Organizations, which establish and maintain relationships with eligible schools to create a network of schools students may use scholarship funds to attend.
Missouri State Treasurer, Vivek Malek, previously stated the appropriations would go toward scholarships for 6,000 students, which is more than twice the number in 2025.
The Missouri NEA is asking the judge to stop the outflow of remaining funds, as well as bar the State Treasurer from creating new rules for MOScholars, Missouri’s K–12 tax-credit-funded scholarship program, that revolve around the use of general revenue.
Two months following the filing of the lawsuit, Cole County Judge Brian Stumpe denied a temporary restraining order, which would bar the state from continuing to carry out appropriations.
According to a mid-Missouri news outlet, the trial is likely to involve discussions around the interpretation of the law, with a few exhibits and witnesses.
Todd Graves, a Kansas City lawyer and founding partner of Graves Garrett, LLC, and chairman of the Herzog Foundation, will join the defense in representing families who say they have benefited from MOScholars funding.
The trial is scheduled to begin at 1 p.m. on Monday, Nov. 24 and will continue at 9 a.m. on Tuesday, Nov. 25.
