A Missouri circuit judge threw out a lawsuit Tuesday filed by the Missouri National Education Association (MNEA) aimed at blocking a $50 million expansion to the tax credit-funded scholarship program called MOScholars. 

The ruling firmly protects the expanded funding, which allows eligible parents to use state-funded scholarships for private school tuition, tutoring and therapy. 

The judge said the union lacked legal standing to sue and listed the wrong defendants. 

“MOScholars is more than a scholarship program—it is opportunity, hope, relief, and the freedom for families to choose the best educational environment for their children and safe learning environments where students can thrive academically and personally and reach their full potential,” said MOScholars Parent Lisa Smith. 

MNEA’s suit claimed the MOScholars program is violating the Missouri constitution, but the judge determined all five of MNEA’s constitutional claims failed entirely on their substantive merits. 

Missouri Attorney General Catherine Hanaway called the win a victory for families. 

“The Court’s ruling is a clear win for Missouri families and for educational opportunity,” Hanaway said in a statement. “Parents, not special interests, are trusted to decide what education best fits their children.” 

COMPLETE WIN: A Judge has upheld Missouri’s school choice program, MOScholars.

This is a victory for parents and students across Missouri. MOScholars gives students the full freedom to attend a school that helps them achieve success. We will never stop fighting for for parents…

— Attorney General Catherine L. Hanaway (@AGCHanaway) April 14, 2026

Missouri State Treasurer Vivek Malek also celebrated the court’s decision, calling it a reaffirmation of school choice. 

“This decision is a decisive victory for Missouri families and for the principle that parents, not the government, know what educational environment is best for their children,” Malek said. “For thousands of Missouri families, this program is a lifeline long sought after. Because of this ruling, parents can move forward with certainty and confidence, knowing their freedom to choose has been upheld.” 

MNEA plans to appeal the decision to the Missouri Supreme Court. Union president Rebeka McIntosh claimed the state is diverting public funds to private schools unfairly. 

“Educators see it every day,” McIntosh said. “When money leaves the classroom, class sizes grow, support disappears, and students lose the one-on-one attention they need.” 

MNEA tried to stop the MOScholars program last August by requesting a temporary restraining order against it, but a circuit court judge denied the request. 

MOScholars currently serves more than 6,000 students across the state and demand continues to grow rapidly.