by Barry Smith
The N.C. Court of Appeals has refused to take up the preliminary injunction against the Opportunity Scholarships law issued by Superior Court Judge Robert Hobgood before the case goes to trial. The next step is the N.C. Supreme Court.
In February, Hobgood granted a motion by plaintiffs challenging the scholarships, or vouchers, to prevent the state from proceeding with efforts to award the scholarships to 2,400 children from lower-income families to attend private schools. Unless blocked by a higher court, the motion will remain in effect until the case goes to trial.
The plaintiffs included the N.C. Association of Educators and the N.C. School Boards Association.
The $4,200 scholarships would have go to offset tuition at the private schools.
The next step is the N.C. Supreme Court, said Dick Komer, an Institute for Justice attorney. The Institute for Justice representing two parents who want to use the vouchers to send their children to private schools who are intervening as defendants in the case.
Attorneys for the defendants say that a decision could come by the end of the month.