Understanding the West Virginia Hope Scholarship: Eligibility, Funding, and Recent Legal Challenges

The West Virginia Hope Scholarship is a program designed to provide families with financial assistance to pursue educational options outside of the traditional public school system. This article delves into the eligibility requirements for the Hope Scholarship, its funding mechanism, and the legal challenges it has faced.

Eligibility Requirements for the Hope Scholarship

The eligibility criteria for the Hope Scholarship have evolved since its inception.

Current and Future Eligibility:

Beginning with the 2026-2027 school year, all West Virginia school-age children will be eligible for Hope Scholarships.
Until then, students must have attended public elementary or secondary schools for at least 45 full-time instruction days of the school year in which they apply or have been enrolled in public school for the entirety of the previous school year.
All kindergarten students are eligible for a Hope Scholarship regardless of previous public school attendance.

Renewal Requirements:

Parents may renew their child’s Hope Scholarships each year after initial approval, up to a student’s high school graduation or when they turn 21 years old.

Funding of the Hope Scholarship

The Hope Scholarship program is funded through an annual legislative appropriation.

Source of Funds:

Each year’s appropriation comes from the WV State Treasury, in a special revenue fund designated as the West Virginia Hope Scholarship Program Expense Fund.
The State Treasurer may request additional appropriation if the number of Hope scholarships increases significantly after any fiscal year.

Scholarship Amount:

Each West Virginia Hope Scholarship is equal to the statewide average of the per-pupil amount of net state aid allotted the prior year for public school students.
The scholarship is based on net enrollment adjusted for state aid purposes (roughly $4,900 in 2024-2025).
If a student is awarded a Hope Scholarship for less than the full school year, they receive a prorated share of that amount.

Legal Challenges to the Hope Scholarship

The Hope Scholarship program has faced legal challenges since its inception.

Initial Litigation:

Notice of litigation was first delivered on August 11, 2021, when Mountain State Justice, a nonprofit legal services firm, served notice on state leaders that it intended to file litigation against the nation’s largest education savings account program, but they did not do so.
On January 19, 2022, Hendrickson & Long, in partnership with national attorneys, filed litigation against the Hope Scholarship.
The firm alleged the program competes with the legislature’s duty to provide a thorough and efficient system of free schools, decreases funding for public schools without a compelling state interest, uses School Fund monies dedicated to free schools, violates the authority of the state board of education, and is an impermissible special law because it treats scholarship students differently than public school students regarding antidiscrimination.

Circuit Court Ruling:

On July 22, 2022, the Circuit Court of Kanawha County issued a preliminary injunction against the program, agreeing with all five of the plaintiffs’ arguments against the Hope Scholarship.
In particular, the Circuit Court stated that the legislature can only fund a system of public schools; the state cannot have “a separate system of education . . . funded by West Virginia taxpayer money” and not under control of the West Virginia Board of Education.

Supreme Court Decision:

The injunction was dissolved by the Supreme Court of Appeals on October 6, 2022, prior to their final decision.
On November 17, 2022, the West Virginia Supreme Court released its written opinion in State v. Beaver permanently overturning the Circuit Court of Kanawha County’s injunction against the Hope Scholarship Program and ordering a judgement in the defendants’ favor.
In its final ruling, the Court declared that the Hope Scholarship does not interfere with the legislature’s obligation to provide a thorough and efficient system of public schools.
The Court noted that while the West Virginia Constitution requires the legislature to establish a system of public schools, this mandate does not require the legislature to “only” fund public schools and thus the legislature can provide for additional forms of schooling.
The Court also ruled that a child’s fundamental right to public education is not infringed by the Hope Scholarship because participation is voluntary; a child’s access to public education is unaffected by the program.
All other grounds for the Circuit Court’s prior decision are explicitly rejected by the Supreme Court of Appeals.

Application Timeline

Existing Hope Scholarship students wishing to continue participation in the program for the 2025-2026 year will be able to complete the continued participation confirmation process from January 3, 2025 to June 15, 2025. Applications for new students will open on March 1, 2025.
Existing Hope Scholarship students wishing to continue participation in the program for the 2026-2027 year will be able to complete the continued participation confirmation process from January 3, 2026 to June 15, 2026. Applications for new students will open on March 1, 2026.
The Hope Scholarship Board will accept applications year-round, but the timing of submission of the original application for the program will determine the amount of the Hope Scholarship received for the student’s initial year of participation in the program.

Connection to Tennessee HOPE Scholarship Program

It is important to mention the HOPE Scholarship program in Tennessee, as West Virginia’s Hope Scholarship program may have similar goals of providing scholarship funds to offset costs associated with pursuing postseason education.

The Tennessee Education Lottery Scholarship program includes the HOPE Scholarship, Aspire Award, General Assembly Merit Scholarship (GAMS), Access Grant and the Non-Traditional Hope Scholarship.

General Eligibility Requirements for Tennessee HOPE Scholarship

A minimum 21 ACT (Composite/concordant equivalent on the SAT) on a national or state test date or a final cumulative 3.0 GPA* for entering freshmen graduating from eligible public or category 1, 2, or 3 private high schools.
GED/HiSet students must have a minimum ACT/SAT test score stated above and qualifying score on the GED of 170 and HiSet of 15.
TN homeschool and on-category 1, 2, or 3 private high school graduates must have ACT/SAT test scores stated above and must have been enrolled in a homeschool program for 1 year immediately preceding graduation and be registered with a TN local school district.
Enrolled in an eligible postsecondary institution within 16 months following graduation from a Tennessee high school or completion of a TN homeschool or GED program.

HOPE Scholarship Renewal Criteria (Tennessee)

The award amount remains the same in the sophomore year. Award amount increases for the junior and senior year of college enrollment.
Eligibility shall be reviewed at the end of the semester in which the student has attempted a total of 24, 48, 72, 96 or any other subsequent multiple of 24 semester hours. Additionally, at 73 attempted hours and beyond, students may be reviewed at the end of each semester if they maintain the award on a provisional basis. Contact TSAC for details.
Must have a cumulative GPA of 2.75 after 24 and 48 attempted collegiate hours. After attempting 72 hours and beyond a student may retain the award by either:
- Achieving a cumulative GPA of 3.9 or above, or
- Achieving a cumulative GPA of 2.75 - 2.99 AND a semester GPA of at least 3.0 in the preceding term for which the student will receive the award as a full-time enrolled student (provisional basis)
Must maintain satisfactory academic progress AND continuous enrollment
Scholarship is terminated after attainment of baccalaureate degree OR student has attempted 120 semester hours OR 8 full-time equivalent semesters, whichever occurs last OR 5 years have passed from initial enrollment at any postsecondary institution - whichever occurs first - exceptions may be available to students with documented medical disabilities
Students enrolled in a program of study greater than 120 hours may receive the award for up to 136 attempted semester hours OR the number of hours required to earn a degree OR 8 full-time equivalent semesters, whichever occurs later
To receive funding, students must be enrolled in a least 6 hours; 12 hours, if eligible on a provisional basis
NEVER drop a course without talking to the financial aid office about how it may impact your lottery scholarship eligibility.

Tennessee Aspire Award

Applicants must meet the HOPE scholarship requirements and the parents' or independent student's (and spouse's) adjusted gross income of $36,000 or less on IRS tax form for the appropriate year. It is awarded on a first-come-first served basis. The Helping Heroes Grant is designed to serve former members of the armed forces, reserve or National Guard who were called into active duty. This award along with all other available financial aid sources shall be applied towards the student cost of attendance before utilizing awards offered through the HOPE Foster Child Tuition Grant. Students must be eligible for the HOPE Scholarship or HOPE Access Grant and have been in the custody of the Department of Children Services for at least 1 year after their 14th birthday in order to be considered for this grant.

Read also: Fact-Checking the Hope Walz Story

Read also: South Carolina HOPE

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