Opportunity Scholarships stay denied; case likely to return to Court of Appeals

The Opportunity Scholarships legal wrangling continues.

On Tuesday, the N.C. Supreme Court dismissed an effort to put a ruling by Superior Court Robert Hobgood declaring the voucher program unconstitutional until the case can be appealed. Instead, the states high court remarked that the effort to “stay” Hobgood’s ruling should be filed with the N.C. Court of Appeals.

Why go back to the Court of Appeals after that court denied a similar stay a week order? Hobgood’s written order is out now. The Court of Appeals dismissed that order on Aug. 25, but said the petitioners could refile them “upon the entry of the superior court’s order.”

Now that Hobgood’s written order is out, parents of children wanting to attend private schools with the help of Opportunity Scholarships can now once again ask the Court of Appeals for a stay.

The Opportunity Scholarships program, adopted by the General Assembly in 2013, is a voucher program that provides up to $4,200 per child to go toward tuition at a private school. Only students from lower-income families are eligible for the program.