Jefferson City, MO — Attorneys for Missouri’s largest teachers’ union are asking a Cole County Circuit Court judge to temporarily halt funding for the state’s MOScholars private-school voucher program, arguing that the program’s use of general revenue may be illegal and harmful to taxpayers.
Union Challenges Use of State Funds
On Thursday, the Missouri National Education Association (MNEA) told the court that MOScholars lacks authority to pull money directly from the general revenue, potentially endangering taxpayer dollars.
“You can’t just turn on a hose of $51 million in general revenue and force it through the tax credit framework,” said Loretta Haggard, attorney for the MNEA. “There are gaps in that framework.”
— Missouri Independent
The union has filed a temporary restraining order and a request for a permanent injunction to block the flow of funds until the court rules on the legality of the program. Delays requested by the attorney general’s office, citing staffing changes, have pushed the hearing past the start of the school year.
State Treasurers’ Office Defends MOScholars Payments
The State Treasurer’s Office has already begun distributing a $51 million appropriation from general revenue to fund over 6,100 scholarships under MOScholars.
“Any delay would be a massive disruption to the MOScholars program,” said William Seidleck, principal deputy solicitor general.
Seidleck argued that although the law does not explicitly allow spending directly from general revenue, there is also no legal provision prohibiting it, a point he described as “statutory silence.” He emphasized that the program prioritizes students with individualized education plans, including those with learning or physical disabilities.
MOScholars Funding Structure Under Scrutiny
MOScholars, established by a 2021 state law, operates through state-approved nonprofit organizations, allowing taxpayer donations to be returned as tax credits equal to 100% of contributions. The law also created the Missouri Empowerment Scholarship Accounts fund, intended for administrative and marketing costs, not direct student scholarships.
However, last month, the fund received a $48 million infusion, which the treasurer’s office is using to award student scholarships. Haggard argued that this is inconsistent with the law and could irreparably harm taxpayers if payments continue before a court ruling.
“The money will be gone (if the court doesn’t pause payments),” Haggard said. “Nobody seriously thinks that this court will be able to order the families or the schools to discard the money. That will be gone.”
Families and Advocates Weigh In
Legal advocates for EdChoice, representing three families, joined the case to support MOScholars, arguing the funding is essential for students who rely on scholarships for tuition and educational support.
“The plaintiffs have asserted taxpayer standing but they haven’t stated any personal harm. In contrast, the families have demonstrated irreparable harm because they need the scholarships to pay not just for tuition but also to pay for reading tutors,” said Bryan Cleveland, attorney for EdChoice.
Seidleck also noted that the vouchers may benefit public schools by reducing class sizes, a point that drew chuckles from MNEA President Rebeka McIntosh.
Judge to Rule Soon
Circuit Court Judge Brian Stumpe asked minimal questions during Thursday’s hearing, focusing primarily on how intervening families would be harmed if the funds were blocked. He indicated a ruling is expected by the end of Friday, determining whether payments will continue or be paused pending a trial on the program’s legality.
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