Missouri – Attorney General Andrew Bailey has secured a significant legal win for Missouri’s school choice initiative. A Cole County judge refused to stop the state’s Empowerment Scholarship Accounts (ESA) Program. The ruling came after opponents sought a temporary restraining order (TRO) aimed at blocking the program’s expansion under House Bill 12.
Earlier this year, the Missouri General Assembly approved $50 million to make the ESA program stronger. This program lets parents choose educational pathways that are not standard public schools. The law is meant to help thousands of families, especially those with low incomes, kids with special needs, or kids who go to schools that are having trouble.
“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.”
“This is more than a legal victory—it’s a victory for Missouri families,” said Treasurer Malek. “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.”
The ESA Program has already shown measurable results. More than 1,000 students in Missouri have gotten scholarships that let them go to new schools and learn in new ways. With the increased money from HB 12, state officials think that thousands more students will have the same chances.
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The Missouri National Education Association led the charge against the program, saying it takes resources and attention away from public schools. Their lawsuit asked for the program to be put on hold right away, which may have disrupted up scholarships that had already been given to children who had already started school. However, the judge found that the plaintiffs did not reach the legal level needed to get such extraordinary help, so the ESA program could continue.
Bailey stressed that giving people more options does not go against Missouri’s commitment to public schooling. He talked about how public schools are getting more money than ever before, but he also stressed that scholarships are still very important for families that need other options.
Since the TRO was rejected, families in Missouri who are already in the ESA program can keep going without any problems. The bigger case is still going on, but Bailey said his agency will keep defending the law.
“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.”
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