JEFFERSON CITY, Mo. – Missouri Attorney General Andrew Bailey has announced a major win for Missouri families after a Cole County judge denied a request for a temporary restraining order (TRO) designed to halt implementation of House Bill 12 (HB 12), the legislature’s landmark investment in school choice.
In May, the Missouri General Assembly appropriated $50 million to the Missouri Empowerment Scholarship Accounts (ESA) Program, giving parents the freedom to choose the education that works best for their children. This funding will allow thousands of students, many from disadvantaged families, children with special needs, or students trapped in failing schools, to access scholarships that open doors to better opportunities.
“Today’s ruling is a victory for parents and kids across Missouri,” said Attorney General Bailey. “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.”
“This is more than a legal victory—it’s a victory for Missouri families,” said Treasurer Malek. “MOScholars is about giving parents the freedom to choose the educational path that best fits their child’s needs. That freedom should never be taken away—not by bureaucrats, and certainly not by union bosses.”
The ESA Program has already proven its value to students’ success. It has helped more than 1,000 students access new educational opportunities. Now, thanks to HB 12’s appropriation, thousands more students will benefit from scholarships that help them break barriers and thrive.
Attorney General Bailey emphasized that expanding educational choice strengthens, not weakens, Missouri’s public schools. “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.”
The plaintiffs, led by the Missouri National Education Association, asked the Court to immediately stop the program and pull scholarships from thousands of students, as many have already started back to school. The Court declared the plaintiff failed to meet the high bar for extraordinary relief. The denial of their TRO allows the program to continue to operate, ensuring thousands of Missouri students and families will not be left behind.
“Parents, not unions, not bureaucrats, know what’s best for their kids,” concluded Attorney General Bailey. “This case is about freedom and opportunity, and today’s ruling is a huge step toward securing both.”