JEFFERSON CITY – A Cole County judge has denied a request for a temporary restraining order (TRO) aimed at stopping the implementation of House Bill 12 (HB 12), which funds a major expansion of school choice in Missouri, Attorney General Andrew Bailey announced.
The ruling allows the state to continue with its $50 million appropriation to the Missouri Empowerment Scholarship Accounts (ESA) Program, a move Bailey described as a “major win for Missouri families.”
The Missouri General Assembly approved the funding in May, marking a significant investment in the ESA Program.
This initiative provides parents with the ability to choose the educational setting that best meets their children’s needs, including options for students from disadvantaged families, children with special needs, or those in underperforming school districts.
The funding will make thousands of additional scholarships available for students seeking new educational opportunities.
“(This) ruling is a victory for parents and kids across Missouri,” Bailey said. “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.”
State Treasurer Vivek Malek echoed Bailey’s remarks, calling the decision “more than a legal victory — it’s a victory for Missouri families.”
Malek said the MOScholars program, supported by the ESA funds, ensures parents have the freedom to determine the educational path that best suits their child.
“That freedom should never be taken away — not by bureaucrats, and certainly not by union bosses,” Malek said.
According to Bailey’s office, the ESA Program has already benefited more than 1,000 students, helping them access better educational opportunities. With the additional $50 million from HB 12, thousands more students are expected to receive similar support.
Bailey also addressed concerns about the impact on public schools, stating that expanding educational choice does not weaken them but rather complements efforts to meet the diverse needs of Missouri students.
“This is not about pitting public schools against private schools. It’s about meeting the needs of every child. Missouri continues to fund public education at record levels. But for children who need something different, whether due to special needs, safety concerns, or failing districts, scholarships like these are lifelines,” he said.
The plaintiffs, led by the Missouri National Education Association, sought immediate court action to stop the program, which they argued would divert funds from public schools.
They asked the court to halt the program and retract scholarships that had already been issued as many students began the school year. However, the court ruled that the plaintiffs did not meet the high legal standard for extraordinary relief, allowing the program to proceed.
The denial of the TRO means the Missouri Empowerment Scholarship Accounts Program will remain operational, and thousands of families will continue to access the scholarships without disruption.
Bailey concluded his statement by underscoring the broader implications of the case. “Parents, not unions, not bureaucrats, know what’s best for their kids,” he said. “This case is about freedom and opportunity, and today’s ruling is a huge step toward securing both.”
