Missouri Parents, Herzog Foundation Defend School Voucher Funding
The Herzog Foundation, which is based in the Kansas City area, is helping defend against a teachers’ union lawsuit challenging the constitutionality of Missouri’s $51 million in funding for a private school voucher program, My Ozarks Online reported.
The lawsuit targets a state tax credit program called MOScholars, which relies on nonprofits such as the Herzog Foundation to gather donations and distribute scholarships to students in private, parochial or home schools. Donors can receive a tax credit equal to 100 percent of their contribution but can use it to cover no more than half of their state tax liability.
The state budget includes $50 million in taxpayer funds for scholarships and $1 million to assist in marketing the program.
The lawsuit, filed by the Missouri National Education Association and two public school teachers, argues a direct appropriation of taxpayer funds to MOScholars is unconstitutional.
The 2021 law that created MOScholars only prescribes the use of tax-deductible donations to educational assistance organizations as its funding source, not general revenue. The lawsuit contends that a direct appropriation to the program effectively changes the MOScholars law, and changing state statute in a budget bill is not allowed.
Parents seek to save program
Three parents — one from Kearney, one from Kirkwood and one from Springfield – seek to intervene in the lawsuit, saying they have used MoScholars and expect their families to benefit from the influx of state money. They are represented by EdChoice Legal Advocates, an Indiana-based nonprofit that advocates for school-choice measures, and Todd Graves of the Herzog Foundation filed the motion to intervene, because he’s a licensed attorney in Missouri.
Missouri Independent reports that Libby Eversgerd, a single mother of four is the Kirkwood parent. She says her daughter dropped out of school after struggling. “When her son started having similar issues years later, she was able to use MOScholars to help enroll in a private school where she says his grades and attendance improved dramatically,” the outlet states.
“Missouri families depend on MOScholars to afford educational options that best fit their children’s needs,” said Thomas Fisher, director of litigation at EdChoice Legal Advocates. “We are proud to support these brave parents who are stepping forward to defend and protect the expansion of the MOScholars program.”
–Alan Goforth
