wsaz.com · Charlie Roth and Kimberly Keagy · September 8, 2026
Mingo County parents sue to stop Hope Scholarship expansion, citing potential school closure
# Mingo County parents sue to stop Hope Scholarship expansion, citing potential school closure
In the lawsuit, the parents are asking a Kanawha County judge to stop new applications to the program from those who are now eligible under the universal expansion.
By Charlie Roth and Kimberly Keagy
Published: Sep. 8, 2026 at 6:13 PM EDT| Updated: 30 minutes ago
KANAWHA COUNTY, W.Va. (WSAZ) - Facing the threat of their local school closing, 11 Mingo County parents have filed a lawsuit against the West Virginia Treasurer’s Office over the Hope Scholarship’s recent expansion to all K-12 students.
The Hope Scholarship is the state’s school voucher program, which allows parents to spend approximately $5,400 to pay for non-public school education expenses, such as private school tuition, homeschooling, and tutoring.
In the lawsuit, the parents are asking a Kanawha County judge to stop new applications to the program from those who are now eligible under the universal expansion.
The lawsuit alleges that their children’s school, Dingess Elementary School - which is set to close next year - has been impacted by the public school financial distress, while the state spent millions of dollars expanding the Hope Scholarship.
The parents filing the suit say there is no participating Hope Scholarship education service provide offering a full-time program within a reasonable commuting distance of their homes.
“Plaintiffs’ children cannot, as a practical matter, use a Hope Scholarship as a substitute for their public school,” the lawsuit states. “If Dingess Elementary closes, their alternative is a longer bus ride to a consolidated school, not a private school.”
State Treasurer Larry Pack issued a statement Tuesday regarding the lawsuit, saying the parents’ “anger is misdirected.” The Treasurer’s Office manages the Hope Scholarship.
> “It is unfortunate that the Hope Scholarship is still being used as a political football, distracting from the urgent issues facing our public schools. While parents in Mingo County are right to demand solutions for public education, their anger is misdirected. We will aggressively oppose any attempt to reverse the universal expansion approved by the Legislature and signed by the Governor. As Chairman of the Hope Scholarship Board, I am committed to ensuring every student in the program receives the unique educational opportunities they deserve. > > We encourage the Legislature to act quickly and confront the urgent challenges in our public schools. Our schools are demanding help, and the time for action is long overdue. We must cut burdensome regulations so teachers can focus on teaching. But let’s be clear: improving public schools does not require sacrificing educational freedom. We can—and must—strengthen public education and uphold school choice at the same time. We are ready to partner with policymakers to deliver real change. The future of our students depends on it. Let’s get to work.” > > West Virginia Treasurer Larry Pack
WSAZ reached out to the plaintiffs’ attorney Steve New for a response to Pack’s statement, but he declined to comment, writing, “We will speak in court.”
WSAZ also asked both New and the Kanawha County Circuit Clerk’s office if a hearing date had been set for the preliminary injunction to block Hope Scholarship applications. As of Tuesday, a hearing had not been set.
This is not the first time the Hope Scholarship has come under legal scrutiny. In 2022, a Kanawha County judge ruled the program was unconstitutional. The West Virginia State Supreme Court later reversed that ruling.
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